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HomeMy WebLinkAboutCC 10-13-1992 , , . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING October 13, 1992 7:30 P.M. - City Hall CALL TO ORDER/RQL_L~ALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers JoAnn Growe, Dale Hicks, Thomas Mahowald, Paul Malone. Also present were: City Attorney, Jerry Filla; Clerk Administrator, Dorothy Person; Deputy Clerk/Zoning Administrator Catherine Iago. ADOPT AGENDA MOTION: Mahowald moved, seconded by Malone, to adopt the October 13, 1992 agenda as presented. Motion carried unanimously (5-0). . APPROVAL OF COUNCIL MINUTES Referring to the second full paragraph of page four of the September 28, 1992 Council minutes, Councilmember Mahowald asked if Dale Noyed, 3505 Ridgewood Road, actually stated that he had purchased three pumps for use in pumping his property. Councilmember Malone said he recalled that Noyed did make that statement and also commented later during the meeting (first full paragraph on page eight) that the builder has assisted in pumping activities. MOTION: Malone moved, seconded by Growe, to approve the minutes of the September 28, 1992 Regular Council Meeting as prepared. Motion carried unanimously (5-0). ~ONSENT CALEPDAR Councilmember Malone noted that he had not received in his packet the list of claims/payroll for review under consent calendar. Administrator Person provided the list to Malone. MOTION: Malone moved, seconded by Hicks, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0) . . a. Approve Pay Estimate No. 1 for 1992 Keithson Pond Improvement Project. b. Motion to Reject All Bids for Construction of Arden Place Storm Water utility Following Abandonment of this Project. , . Arden Hills Council 2 October 13, 1992 c. Authorize Davis & Lagerman to Appraise the Harstad and City Hall Properties. d. Approve Resolution No. 92-66 Giving Host Approval to the Issuance of Health Care Revenue Bonds, Series 1992 (Group Health Plan, Inc. Project). e. Approve Appointment of Ehlers & Associates as City Financial Consultant. f. Schedule Worksession for october 19, 1992 at 4:30 p.m. to Review Policy and Process for Independent Contract Renewals. g. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEK BU~!NESS CASE #92-18 SITE,PLAN AMENDMENT INTERNATIONAL PAPER, 1400 RED FOX RO~~ . Zoning Administrator Iago reported that Planning Commission has reviewed Case #92-18 for the installation of an above- ground storage tank, reviewed the City Planner's report with regard to this case, and unanimously recommended: 1) Waiving the development moratorium, and 2) Approving the site plan amendment, based upon the fact that the tank is located appropriately and is screened from the only affected adjacent property, with two conditions that: A) Permits and licenses from other agencies be filed with the City, and B) Landscape screening details be reviewed and approved by the City planner prior to issuance of a building permit. Iago stated that the applicant advised Planning Commission that in order to lessen its visual impact, the tank will be painted to match the existing building. Iago added that in accordance with the new ordinance, this item would require a public hearing for a special use permit because the site is being changed; however, under present ordinance, only a site plan review by Planning Commission and Council is required. She advised that since the change is not significant, and since the case would not require . City review if the applicant were simply reinstalling an underground tank, the public hearing has been waived. ------ , . Arden Hills Council 3 October 13, 1992 Councilmember Hicks asked what permits/licenses from other agencies are expected. Ryan steen, representing International Paper, advised that Minnesota Pollution Control Agency has jurisdiction over this type of tank and International Paper will be conforming to Minnesota PCA's requirements relative to spi 11 prevention and a secondary containment concrete tank. Iago added that the Lake Johanna Fire Marshall has also reviewed the case and indicated approval. steen added that state Fire Marshall's requirements will be followed. Councilmember Malone asked if any changes or additional review would be necessary if the applicant were to change from one type of fuel to another. steen said he did not believe so. In response to Councilmember Malone's inquiry, Iago stated that all requi red staff evaluations have been completed. MOTION: Malone moved, seconded by Mahowald, to waive the Development Moratorium Ordinance relative to Case #92- . 18. Motion carried unanimously (5-0). MOTION: Hicks moved, seconded by Growe, to approve Case #92-18, site plan Amendment for International Paper, 1400 Red Fox Road, for installation of above-ground storage tank, subject to the following conditions: - Copies of all permits and licenses from other agencies be filed with the City, and - Landscape screening details be reviewed and approved by the City Planner before the building permit is issued. Motion carried unanimously (5-0). CASJ;:-.192 -16 SITE PLAN REVIEW JOE COMMERS~;160-R~_ COUNTY RD. E. Zoning Administrator Iago reported that Planning Commission reviewed Case #92-16 (Phase II) involving site plan review for building modifications for a bank and retail facility at 1160 West County Road E (the old Hoigaards property) owned by Joe Commers. Planned tenants of the buil ding are the existing Mr. Movies video rental store and the TCF bank presently located in the building to the south of 1160 West County Road E. . Iago stated that the main item of discussion at Planning commission level was signage, and review indicated that City staff issued permits for two signs for Mr. Movies, aware that Mr. Movies was the only tenant of the building at the time of issuance. She stated that according to the sign ordinance, in a multi-tenant building, each tenant is . Arden Hills Council 4 october 13, 1992 allowed one sign above its entrance, and the entire building is allowed one pylon sign listing all tenants. Iago advised that a variance request has been received to allow Mr. Movies' existing signs to remain. Iago stated that as part of discussion regarding the location of fire hydrants to service the building, the applicant illustrated that there are hydrants strategically located around the building, and Planning Commission was comfortable with their proximity. Iago reported that Planning Commission voted unanimously to recommend: A) Waiving the Development Moratorium for Phase II of this application; B) Approving the site plan with the following conditions: 1. The future drive to the adjacent Arden Plaza Shopping Center be shown as part of the Site Plan. 2. That signage be approved with the following changes: a. East-facing Mr. Movies sign be removed, . b. The pylon sign be moved 15 feet from the County Road E right-of-way, c. The eight standardized directional signs be allowed as shown on the plan. 3. That the access permit from Ramsey County be submitted and filed with the City. 4. The landscaping and lighting portions of the Site Plan be approved as submitted. Based upon the following rationale: 1- The site will be upgraded by the proposed changes, turning a dated site and structure into a renovated, contemporary addition to this business district. 2. No variances are required. 3. The parking/building ratio is improved with the removal of a portion of the building, and will better meet the needs of potential future retail uses. 4. The site is enhanced by the additional curb and gutter, landscaping and lighting. 5. The proposed uses are compatible in terms of business hours relative to peak parking and traffi c needs. C) Denial of the request for a sign variance, directing the applicant to remove the Mr. Movies sign on the . east-facing wall of the bui! ding. . Arden Hills Council 5 October 13, 1992 Councilmember Mahowald asked what the Planning Commission's recommendation was relative to a sprinkling system for the entire building. Iago stated that after recommendation from the Buil ding Inspector either a sprinkling system or fire wall must be installed. Applicant, Joe Commers, stated that he met with the Fire Marshall on the issue of fire protection and learned that the Uniform Building Code does not require a sprinkling system for the proposed building, but the Building Official, supported by the Uniform Building Code, is requi ring the installation of a firewall. He added that fi re hydrants are available within 50' from the proposed bank's drive- through teller lanes. Councilmember Malone commented that even if a fire wall were installed, a fire in the area above the wall could consume the building. The applicant stated he is aware of that possibility. A point was made that if that were to occur, since the building is not a residence, it is presumed that persons in the building would have plenty of time to escape. . Councilmember Malone asked for background on the matter of signs. The applicant stated that Mr. Mov i es applied for and obtained permits for two signs, and it is likely those permits were issued based upon the assumption that Mr. Movies was the only tenant of the buil ding. He stated that this was an honest mistake that was uncovered when the City began reviewing the site plan review. He commented to Council that if a different tenant had moved into the building, without making any changes to the building, it is likely the incorrect sign situation would not have been discovered. The applicant commented that one reason the sign variance is justified is that the driveway immediately to the east side of the building serves the purpose of a street in that it provides access to the adjacent shopping center; if the driveway were a street, the signage proposed would be allowed. In response to Council inquiry regarding construction schedule, the applicant stated that the building has scaffolding in place to begin demolition/construction as early as tomorrow if approval is granted this evening. . Council agreed to handle the sign variance issue after taking action on the development moratorium and site plan. MOTION: Malone moved, seconded by Hicks, to waive the Development Moratorium Ordinance for Phase II of this application. Motion carried unanimously (5-0). ------- . Arden Hills Council 6 october 13, 1992 MOTION: Mahowald moved, seconded by Growe, to approve Case #92- 16, Site plan for 1160 West County Road E, Joe Commers (owner), the building modifications as proposed and contingent upon the following conditions: l. The future drive to the adjacent Arden Plaza Shopping Center be shown as part of the site Plan. 2. That signage be approved with the following changes: a. The pylon sign be moved 15 feet from the County Road E right-of-way, b. The eight standardized directional signs be allowed as shown on the plan. ~ That the access permit from Ramsey County be ~ . submitted and filed with the City. 4. The landscaping and lighting portions of the Site Plan be approved as submitted. Based upon the following rationale: , The site will be upgraded by the proposed changes, ... turning a dated site and structure into a renovated, contemporary addition to this business district. . ~ No variances are required. ... 3. The parking/building ratio is improved with the removal of a porti on of the building, and will better meet the needs of potential future retail uses. 4. The site is enhanced by the additional curb and gutter, landscaping and lighting. 5. The proposed uses are compatible in terms of business hours relative to peak parking and traffic needs. Motion carried unanimously (5-0) . Zoning Administrator rago confirmed that when Mr. Movies' sign permits were issued, staff was not aware that there would be tenants in the building other than Mr. Movies. Councilmember Hicks asked if the variance to the sign ordinance relates to number of signs or size of signs. The applicant stated that the variance request is simply to keep the sign on the east side of the building rather than having to remove that sign. He emphasized that if this were allowed, the total size of signage is within allowable limits of the ordinance. Councilmember Malone asked if there is a sign on the . existing TCF that would be removed when TCF moves to the new facili ty. The applicant stated yes, that is further justification for the sign variance; he added that the existing pylon sign in front of the building, previously used by Hoigaards, will now be used by TCF. The applicant explained that the existing sign on the east side of the . Arden Hills Council ., october 13, 1992 , building is presently about 24 square feet in size and may be reduced in the future. The applicant reiterated that it was a surprise to learn that the signs for Mr. Movies were in violation since Mr. Mov i es had followed the necessary sign permit process. Zoning Administrator Iago reiterated that the entil-e buil ding is to be considered a multi-tenant building, and such use is allowed to have one sign above the entrance to each tenant and one pylon sign that identifies all the tenants of the building. she added that in other multi- tenant buildings, such as strip malls, a total signage package is considered for the entire mall, and two pylon signs are allowed if there are two separate traffic accesses to the mall. Councilmember Mahowald emphasized that justification must be found to approve a variance. He asked if it would be possible for the pylon sign at the front of the building to identify both Mr. Movies and TCF. The applicant stated that . there is a possibility that Mr. Movies might consider a compromise whereby TCF has exclusive use of the pylon sign. Mahowald commented that such a compromise between the tenants seems a good resolution he would support. Councilmember Hicks voiced his concern for the survival of businesses in this area and stated that he understands the need for adequate signage. Councilmember Malone commented that in reviewing the mul tipl e occupancy portion of the sign ordinance, it appears that one sign per entrance is allowed without a variance. The applicant noted that there is an access door on the east of the building in addition to the main access at the front of the building. Councilmember Hicks asked Mr. Movies representatives to explain which of their signs is most important. It was noted that Mr. Movies' lease assumes the use of the existing signs. A representative of Mr. Movies stated that their sign on the east side of the buil ding is their preferred sign location, and they would be willing to give up their use of the pylon sign if they were allowed to keep the sign on the east side of the building. . Councilmember Malone stated that he would support a compromise whereby the pylon sign in front of the building advertises only TCF and the sign on the eastern sign of the building be allowed to remain on a temporary basis; however, he would expect the building's signage to be brought into conformance with ordinance at the time of tenant changes. ---- . Arden Hills Council 8 October 13, 1992 Attorney Filla commented that in order to grant a variance, a hardship must be identified. He asked the term or Mr. Movies' lease; representatives stated there is an existing ten-year leas e . Filla explained that if the City were to allow the Mr. Movies' sign situation, it would be allowing a nonconrorming use to exist. He suggested either some type or agreement to terminate the nonconrorming use which is tied to termination or the leasel or a variance conditioned upon tenancy or Mr. Movies. He commented that one element in this case is the ract that the City allowed the Mr. Movies signs by permit, and leasing arrangements relied upon those permits. He reminded that economic hardship on the part or the applicant is not sufficient reason ror the .. . of a variance. granclng Councilmember Hicks asked if the hardship in this case might be the ract that the Mr. Movies signs were allowed by the City in the past. At torney Fill a remarked that if a City erroneously allowed something in the past, that is not sufficient reason to continue allowing ... 1 c. . The applicant stated that prior to the sign ordinance, previous tenants had even more signage than is proposed now. Attorney Filla commented that if Council wishes to grant a variance, the justification for doing so could be 1) The property owner, when leasing property, relied on a signage which was permitted by the City in the past, therefore the situation was not self-created, and 2) The signage plan being proposed now, though nonconforming, is 1 loSS nonconforming. Fill a added that a variance could be structured to terminate upon expiration of Mr. Movies' lease, or upon their vacation of the property, whichever is first, at which time a new signage plan for the entire building would need to be submit ted for consideration by the City. He said this arrangement would give Mr. Movies adequate time to recover the initial cost of their existing signage. He explained that the cost or a sign is typically amortized over a certain period of time; in this instance, it waul d be reasonable to expect the sign to be amortized over the peri ad of the initial lease. Chuck Markham, an owner of Mr. Movies, stated that because of the structure of the building and the roof overhang . design, it is difficul t to locate signs so they are visible from the front as well as the sides of the building, therefore the sign on the east side of the building is very important. He stated he would be willing to relinquish use of the pylon sign rather than lose the sign on the east side of the building. . Arden Hills Council 9 October 13, 1992 Mark Osojnicki, an owner of Mr. Movies, asked if the length of t.he variance could extend as long as Mr. Movies occupied the space. Attorney Filla explained t.hat if a nonconforming use is allowed, typically the intent is that it be a temporary situation with a limited duration. Mayor Sather advised :.hat in the past., other nonconforming sign situations have been made t.o comply or requests for variances have been denied because there has not been justification for allowing them to remain even temporarily. MOTION: Hicks moved, seconded by Mahowald, to approve the request. for a sign variance, relative to 1160 West County Road E, wit.h the conditions that: , The variance will terminate when Mr. Movies' ~. existing ten-year 1 ease expires, or when Mr. Movies vacates the property, or when any tenant changes occur within the entire building at. 1160 West County Road E, whichever occurs first. ~ Prior to termination of the variance, a signage ~. plan for the entire building is to be submitted to t.he City for reconsideration. . 3. The use of the existing pylon sign in front of 1160 west County Road E is to be limited to exclusive use by TCF bank until the variance terminates and a new signage plan is considered. Based upon the rationale that: l. The leasing arrangement. between the owner and t.he tenants relied upon signage allowed by the City in the past. ~ Allowing the sign nonconformity for a limited time ~ . will recognize Mr. Movies' invest.ment in existing signage. 2. This compromise will lessen the nonconforming signage situation at 1160 West County Road E. Motion carried unanimously (5-0). EEOUEST TQ PURCHASE CITY PROPERTY Administrator Person reported the Cit.y has learned of a developer's interest in purchasing a parcel of City-owned land, which has been used in the past as a lift. station but is now abandoned. she explained that some of the issues which need to be discussed are the costs involved in removing the 1 i ft station, and determination of a current. property value, park land fees, development fees, etc. She asked for direction f:-om Council as to whether they are . interested in selling the property, and if so, who is to negotiate the matter with the interested buyer. Attorney Filla noted that this type of sale is not subject to the usual public contracting laws and does not require submittal of sealed bids. He suggested investigating how , . A.rden Hills Council 10 October 13, 1992 the property was obtained by the City to determine if it was obtained with conditions restricting the use of the property. He added that it may also be prudent to investigate conditions placed on adjacent properties to ascertain if those conditions may be affected by sale of the parcel in question. Councilmember Hicks stated that if it is decided that the parcel in question is to be sold, ir. fairness to the community, he would prefer advertising the property to the public to give all interested buyers an opportunity to submit bids on the property. Councilmember Malone concurred. Mayor Sather took the position that if the interested party is will ing to pay a reasonable price for the parcel, the City should proceed with negotiation because, since the interested party is a developer, it is reasonable that his intended use of the property would be contiguous with existing development of the area. He reminded Council that from the standpoint of the developer, time is of the essence . because of impending inclement weather. councilmembers Mahowald and Growe echoed Mayor Sather's position. Administrator Person stated that the 1991 appraisal was $26,000. Councilmember Mahowald questioned whether there would likely be any other interested buyers for this property. Councilmember Hicks explained that he is not advocating the usual real estate listing type or advertisement, but would be comfortable with a notice in the newspaper that the property Ls being offered for sale. Councilmember Malone concurred. Administrator Person cautioned that staff is not normally involved in real estate negotiating so she preferred a closed bid process if staff is to be involved in the process. She reminded Council that the interested buyer is planning to appear before Planning Commission in November regarding his proposed use of the property. Attorney Filla forewarned that if there is any abstract update work or rezoning required, those processes do take some time. Counci I direction to staff ~,..;ras to 1 ) Begin investigating the City's acquisition of the property in question to make a . determination as to '"hether the property can be sold, 2 ) Begin ini ti al negotiations with the interested party, and 3) Publish a notice in the newspaper that the property is bei::.g considered for sale and interested parties are to contact the City. ---------- , . Arden Hills council 11 October 13, 1992 ADOPT_]ALS_E_}'.LAgM APPEALS PROCEDURE Administrator Person reported that a resident recently requested an appeal of the false alarm ordinance, ~,hi ch prompted Council direction to review the City's false a 1 arrr. ordinance and those of surrounding communit.ies. Person commented that in reviewing this situation she learned there are situations, such as lightning storms, new systems, power outages, etc. which often create false alarms Hhich are out of the control of the alarm owner. She recommended a policy whereby the Administrator reviej.;' the facts in an appeal or the false alarm ordinance, taking i,nto consideration the non-owner controlled circumstances, and adjust the number of false alarm notices accordingly. Any continued disagreement with the false alarm charge would then be appealed in writing to the City Council. MOTION: Mahowald moved, seconded by Growe, to di reet staff to draft a policy. and provide such policy in written form to Council for final approval, outlining a process for . appeals to the false alarm ordinance, whereby the P.dministrator is the first line of appeal and the City Council is the second line of appeal, as described above. Motion carried unanimously (5-0) . COUNCIL COMMENTS Administrator Person, referring to the City Hall ::-eferendum, provided an update as to the efforts toward public awareness, and invited Council to review the latest revision of the related video tape presentation, and invited Council direction and input on this matter after adjournment of this evening's meeting. Councilmembers reported which of the upcoming City Hall referendum informational meetings they will be attending. A.DJOURN MOTION: Growe moved, seconded by Hicks, to adjourn the meeting I at :35 p.m. Motion carried unanimously I 0 - 0 ) ! \'" . ----- ------- -~ .,.'-- . Mayor Clerk Administrator ----- . . . Arden Hills Council 12 october 13, 1992 NOTICE OF MEETINGS: City Hall Referendum i.nformat.:i.onal meetings will be held: October 20 and 29, 1992 at 6:00 and 7:30 p.m. each date. The next Council worksession will be held October 19, 1992 at 4:30 p.m. The next ~egular Council meeting will be held October 26, 1992 at 7:30 p.m. at City Hall. . ~