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HomeMy WebLinkAboutCC 10-25-1993 , . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING October 25, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst; Mayor Sather. Also present were: City Accountant, Terry Post; Community Planning Coordinator, Brian Fri tsinger; Administrative Secretary, Renee Kaulfuss; City Administrator, Dorothy Person; and Recording Secretary, Shar Foster. ADOPT AGENDA Note was made that the October 25, 1993 Council meeting agenda had been revised to inc1 ude Consent calendar item "fn and Unfinished and New Business item "Update - Arden Place Improvement Potential Agreement". . MOTION: Hicks moved, seconded by Aplikowski, to adopt the October 25, 1993 agenda as revised. Motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTES MOTION: Probst moved, seconded by Aplikowski, to approve the minutes of the October 12, 1993 Regular Council Meeting as prepared. Motion carried unanimously (5-0). CONSENT CALENDAR MOTION: Malone moved, seconded by Probst, to approve the Consent Calendar and authori ze execution of all necessary documents contained therein. Motion carried unanimously (5-0). a. Adopt Resolution 93-55 Approving a Temporary Revision to the Investment Policy. b. Approve City Administrator Salary Change to 100% of Current Pay Plan Effective 10/1/93 Following Successful Twelve (12) Month Performance Review. c. Adopt Resolution 93-53 Accepting Bid and Authorizing Execution of Contract in the Matter of the City Hall Remodeling Project. . d. Adopt Resolution 93-54 Approving the Use of the New Brighton City Hall Council Chambers for ci ty of Arden Hi 11 s . City Council and Planning Commission Meetings. 4It Arden Hills Council 2 October 25, 1993 e. Approve List of Claims/Payroll. f. Approve Christmas Tree Joint Recycling Project for 1993/94 with the Cities of New Brighton and Mounds View and Expenditure of $500 for this Project. FLOWER POWER VOLUNTEER RECOGNITION David Sand, of the Parks and Recreation Commission, explained that Flower Power is a program in which flowers, provided by the Ci ty, are pI anted and maintained by private or area business volunteers to beautify various locations throughout the City. The following persons/businesses were recognized and those volunteers in attendance received certificates of appreciation and Arden Hills lapel pins: Percy Johnson John Nelson - Norwest Bank Mary Flor Pam Coty - st. Paul Book Cathy Olmscheid Ron Lemke - Ramada Inn Corilee Skildum Dave Isakson - Arden Hills Amoco ~ Lynette Kreidler Marg Jambor - Dept. of Corrections ~ Megan Ricke Kathy & Tom Goserud - AH Nursery Don & Jan Messerly Renee Kaulfuss & Family Tracy Tobin - MSI Carol & Jerry Moehnke & Family Terry Post & Family Boy Scout Troop 200 Debby Andrews & Family Mary & Bill Gillies Mr. & Mrs. Mootz PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS CASE #93-16 VARIANCE REQUEST STEPHEN & CHRISTINE ANDERSON 1361 WEST FLORAL DRIVE Community Planning Coordinator Fritsinger stated that Stephen and Christine Anderson originally requested a six-foot side yard variance to accommodate a new garage on their property at 1361 West Floral Drive, and the Planning Commission reviewed the request at their October 6 meeting and recommended denial. . ~ Arden Hills Council 3 october 25, 1993 Fritsinger explained that the Anderson property has an 85-foot frontage, is approximately 200 feet deep, and is located in an Rl zoning district which requires a minimum lO-foot sideyard setback. He noted that after the Planning Commission review and recommendation for denial, the applicants revised their proposal by reducing the size of the garage, and are now requesting a four-foot sideyard setback variance to accommodate the revised garage proposal. Fritsinger reported that consideration was given to placing the garage further to the rear of the Anderson's property, but that option was eliminated due to the topography of the property, use of the property and drainage issues. Fritsinger noted that just east of the proposed garage are two elm trees and there is concern that further encroachment on the dripline of these trees may result in damage to the trees. Fritsinger reported that staff and the Planning Commission have recommended denial of the variance on the basis that the hardship required for the granting of a variance has not been demonstrated. He added that the Planning Commission has not ... had the opportunity to review the revised proposal, however, the revised proposal does not appear to demonstrate the hardship needed for the granting of a variance. Councilmember Aplikowski commented that the proposal would improve the appearance of this residence and it does not appear to pose any adverse affect on the surrounding neighbors. She asked why those factors were not more heavily weighed. Fritsinger replied that the Planning Commission and staff are concerned that, since there are many other properties in the City with similar frontage widths, granting a variance may set a regrettable precedent. Mayor Sather pointed out that the Planning Commission had not had an opportunity to review the revised plan; he preferred not to make a hasty decision without the Planning Commission's invol vement, insight and input and recommended that the revised proposal be referred back to the Planning Commission for their review prior to Council action. Council member Aplikowski questioned what new information could be made available to the Council by further Planning Commission review. She said it appears the appl icants have prepared their case and have reduced the size of the original . proposal to the extent possible, therefore, she thought the Council should address the request. --------------- . Arden Hills Council 4 October 25, 1993 Counci lmembers Probst and Malone concurred wi th Mayor Sather's comments. Councilmember Malone added that the Council has delegated review of these types of cases to the Planning Commission, therefore, it is appropriate to return the case to the Planning Commission since a revision has taken place since their review. Malone said that neither the original proposal or the revised proposal cl earl y demonstrates a hardship necessary for the granting of a variance. MOTION: Probst moved, seconded by Hicks, to refer Case 93-16, a variance request and revised proposal submitted by Stephen and Christine Anderson to the PI anning commission for their review and recommendation. Motion carried (4-1 [Aplikowski voted nay; all others voted aye.]). CASE #93-23 SITE PLAN REVIEW SCOTT ROBERTS, ROBERTS DEVELOPMENT Community Planning Coordinator Fritsinger stated that Scott Roberts representing the Roberts Development originally submitted a request for a new curb cut from Lexington Avenue . to provide access to the building commonly known as the Zeos building. He noted that an October 22 letter from Roberts' architect had been received withdrawing the curb cut request un t il the City completed the comprehensive plan for the Lexington Fox Business Center. Fritsinger suggested that Counci I direct the Planning Commission and staff to investigate options for improving the traffic situation along this area of Lexington Avenue. Councilmember Malone recalled that in the past, as a means of addressing the traffic situation and other issues, the subject area was rezoned with the intent of directing traffic to Red Fox or Grey Fox Roads. Fritsinger said that records indicate that consideration was once given to a frontage, alley or rear access road, and it may be appropriate to reconsider that possibility. The applicant stated that a 1990 study indicated that an alleyway was possible, and the engineering firm of SEH studied the curb cut idea and found that the potential existed for a traffic signal at the location in question. He stated that he had a permit from the County to make the curb cut provided the City gives approval to do so. He said that new and prospective tenants are expected to create mostly off peak ~ traffic, therefore, he would prefer to table the curb cut request at this time and consider it when long-term full tenancy exists in the building. ~._------ . Arden Hi 11 s Counci 1 5 October 25, 1993 Councilmember Probst commented that tenants creating primarily off-peak traffic seems to defeat the argument for an addi tional curb cut along Lexington Avenue. He emphasized that the use of the facility has continually changed for the past few years. He expressed concern reI ati ve to mul tipl e curb cuts in such a busy area. Fritsinger stated that the County was contacted regarding the issuance of the curb cut permit, and during that discussion, the County reinforced their desire to minimize curb cuts along Lexington Avenue. MOTION: Probst moved, seconded by Hicks, to table Case 93-23 at the request of the applicant, Scott Roberts, and to direct the Planning Commission to investigate options to improve the access situation in the area of the Roberts development. Motion carried unanimously (5-0). CASE #93-21 SPECIAL USE PERMIT THE PACKAGING STORE 3771 NORTH LEXINGTON AVENUE . Communi ty pI anning Coordinator Fri tsinger stated that the Packaging Store at 3771 North Lexington Avenue submitted a request for a Special Use Permit (SUP) to accommodate aU-Haul rental/leasing use to compliment the other services provided by the Packaging Store. Fritsinger reported that the City's zoning ordinance requires an SUP be granted for this type of use, and the Planning Commission reviewed the request and recommended approval of an SUP with the following conditions: - Vehicles and trailers shall be stored only in the southwest corner of the rear lot extension of lease line (40 X 60 feet), which is to be delineated by some method such as paint stripping. - Vehicles, trucks, trailers or other equipment shall not be displayed in front of the building along Lexington Avenue. - Maintenance of lease units is not to be undertaken on site. - Additional landscaping is to be provided as approved by the City Planner. Fritsinger explained that he has worked with the applicant and 'the U-Haul vendor and identified the number of rental/lease units likely to be stored at the site. He displayed a sketch, acceptabl e to the appl icant, which out 1 ined how the uni ts would fit in the southwest corner of the rear lot. . Arden Hills Council 6 october 25, 1993 With regard to parking requirements, Fritsinger pointed out that customer parking needs are addressed as part of the multi-tenant building. He noted that three employee parking spaces were identified at the rear entrance to the building. With regard to landscaping, Fritsinger explained that three ash trees currently exist and four additional six-foot evergreens are recommended south of the rear parking area. Counci lmember ApI ikowski noted that the condi tions recommended for the SUP include that maintenance of the rental/lease units is not to take place on site. She asked if washing of the units would be performed on site; the applicant answered no. Councilmember Probst said he was not opposed to the recommendations which had been made for this case, however, he was concerned that part of the intent of the rezoning of this area and the recent revisions to the zoning ordinance was to address the need for improvement as properties change. He said that issue will eventually need to be revisited. . Councilmember Malone concurred with Probst's comments but added that although this may be part of a piecemeal approach, this case does appear to be an attempt to make improvement. He emphasized that the expectation of the City is that the U- Haul units always be stored only in the rear of the building, and though he anticipates the applicant's cooperation in this regard, that condition will be monitored by the City. The applicant indicated that he understands that condition. MOTION: Hicks moved, seconded by Probst, to approve the issuance of a Special Use Permit for the Packaging Store at 3771 North Lexington Avenue (Case 93-21) subject to the following conditions: - Vehicles and trailers sha 11 be stored only in the southwest corner of the rear lot extension of lease line (40 X 60 feet), which is to be delineated by some method such as paint stripping. - Vehicles, trucks, trailers or other equipment shall not be displayed in front of the building along Lexington Avenue. - Maintenance of rental/lease units and equipment is not to be undertaken on site. - Additional landscaping, including but limited to the addition of four six-foot evergreens on the . south of the rear parking area, is to be provided as approved by the City Planner. Motion carried unanimously (5-0). ------ . Arden Hills Council 7 October 25, 1993 CASE #93-19 SITE PLAN REVIEW & AMENDMENT TO SPECIAL USE PERMIT - BETHEL COLLEGE Community Planning Coordinator Fritsinger stated that Bethel College is seeking an amendment to their Special Use Permit (SUP) for the purpose of reconfiguring and constructing a permanent football/soccer field, stadium, baseball field and practice football fields. He explained that an SUP was granted for the college's Master Plan in 1981 with the stipulation that development proposals that are consistent with the approved Master Plan require only site plan approval. He noted that the proposed improvements involve changes to the Master Plan, therefore, both an SUP amendment and a site plan review are required. Fritsinger reported that the Planning Commission reviewed this case at their October 6, 1993 meeting and recommended approval of the amendment to the SUP and site plan provided acceptable landscaping, drainage, grading, erosion control and irrigation plans were submitted to the City. He noted that Planning Commission specifically recommended the following be required: . - Additional screening of the maintenance area - The 60% opacity screening standard be observed - Trees along the railroad track be retained - The location of the silt screen be reviewed - The chain link fence along the south and east side of the athletic fields be retained - Wetland areas boundaries be determined by Rice Creek Watershed District, and applicable wetland restrictions be observed Fritsinger reported that the Rice Creek Watershed District reviewed and approved the proposal relative to drainage issues. He added that realignment of the football field may improve the existing parking situation. He noted that no additional field lighting was included within this proposal. Fritsinger recalled that neighbors of the college expressed concern regarding debris around the maintenance building and the potential for noise. He stated that noise studies were conducted indicating that anticipated noise should not adversely impact neighbors and landscaping/screening should help absorb noise. He relayed staff's belief that the landscaping plan satisfies the City's landscaping requirements and meets the 60% opacity standard. . -- ----- . Arden Hills Council 8 October 25, 1993 Carl Nelson, 1399 Arden Oaks Drive, stated that he lives south of the coIl ege and has concerns regarding addi tional foot traffic and increased parking that may result from the proposal. He added that Bethel's fence does not adequately contain users/visitors of Bethel facilities and he experiences foot traffic trespassing on his property. He added that foot traffi c along the rai I road tracks a1 so presents a safety hazard. Scott Gilbert, 1401 Arden Oaks Drive, reported that he also experiences foot traffic trespassing on his property enroute to Bethel facilities and the park. He added that there is inadequate parking for Bethel events and the rear gate entrance to Bethel property encourages the types of problems he has experienced. He showed pictures of the condition of the maintenance building which illustrated his concern for screening around the maintenance building. Vicky Johnson, 1401 Arden Oaks Drive, said she is concerned for her safety with the high level of foot traffic in the area and also the safety of foot traffic traveling so close to the railroad tracks. She said not only is there noise from . sporting events, but oftentimes noise from other gatherings or parties in this area of Bethel property. She added that trees along the south of the college property appear brown or dead. Councilmember Malone noted that the landscaping plan calls for some cottonwood trees to be planted. He questioned whether this is a good variety. Craig Hjelle, representing Bethel College, apologized for the past appearance around the maintenance building and stated that the appearance has improved recently by removal of debris, etc. He assured that the appearance around the maintenance building will continue to be monitored. Hjelle stated that Bethel College held an Open House and the PI anning Commission he1 d a public hearing to invite publ i c input regarding the proposal and comments heard this evening were not raised at those forums. He said that, without having considered the concerns regarding foot traffic, he is not prepared to offer solutions for control of foot traffic at this time. He stated that the variety of trees to be planted is limited because of the wet conditions of the area, and the problem with dead trees can hopefully be addressed by planting varieties that tolerate wet conditions. ~ Councilmember Malone commented that the concerns raised this evening by affected neighbors are legitimate and he encouraged Bethel to address those concerns and work with the concerned --------.....------ . Arden Hills Council 9 October 25, 1993 citizens toward solutions. He encouraged concerned citizens to report problems to Bethel's administration, noting that Bethel has a history of being a cooperative neighbor. Councilmember Probst concurred with Malone's comments and added that unfortunately the Council is not in a position to remedy the foot traffic concerns expressed this evening. At Councilmember Aplikowski's suggestion, staff was directed to alert the Sheri ff' s Department as to the foot traffic concerns expressed by the neighbors in an attempt to minimize that problem through additional patrolling. MOTION: Hicks moved, seconded by Malone, to approve the Site Plan and Amendment to Special Use Permit/Master Plan for Bethel College (Case 93-19) with the following conditions: - Landscaping, drainage, grading, erosion control and irrigation plans be approved by the City Planner which incorporate, but are not limited to, the . following: - Additional screening of the maintenance area - Observance of 60% opacity screen requirement - Retention of trees along the railroad tracks - Review of the location of the silt screen - Retention of the chain link fence along the south and east side of the athletic fields - wetland areas boundaries be determined by Rice Creek Watershed District and applicable wetland restrictions be observed Motion carried unanimously (5-0). UPDATE REGARDING ARDEN PLACE IMPROVEMENT POTENTIAL AGREEMENT With regard to the matter of the Arden Place Drainage Improvement issue, Administrator Person reported that she had discussed the matter of the improvement and funding for the improvement with developer Wally Bauer and affected property owners/prospective owners McGuire, Bongard, Noyed and Johnson and it appears that an agreement may be forthcoming, in which case there would be no need for the scheduled November 8 public hearing on this matter. She said she would keep . Council abreast of further developments regarding this matter. ------ ----- . Arden Hills Council 10 october 25, 1993 Bill Kaplan, 1556 Arden Place, questioned the 1 egal ity of di recting storm water directly into a lake without first passing through a settling pond. Person stated that staff had been working wi th Rice Creek Watershed Distri ct regarding this matter and any improvement would be subject to their approval. COUNCIL COMMENTS UPDATES FROM COMMITTEES. ETC. Councilmember Aplikowski advised that the Public Works/Safety Committee had been working on developing new policies which will likely come before the Council in the near future. Councilmember Aplikowski reported that the establishment of the Business Development Task Force is nearing completion. Councilmember Hicks said he would be attending the upcoming Ramsey County meeting regarding violence. Councilmember Hicks reminded Council and staff that he would . not be in attendance at the next Council meeting. PROCESS FOR PLANNING CASE~ COMING BEFORE COUNCIL Council discussed how best to handle Planning cases that are revised after the Planning Commission has conducted their review and provided their recommendation. Mayor Sather commented that, on occasion, when planning cases have been acted on by the Council without the Planning Commission reviewing revised proposals, the Council action has been later regretted. In fairness to staff, applicants, and the Planning Commission, and in an effort to assure thorough review of planning items, the following procedure was established by Council: - When substantive changes are made to a planning case after the Planning Commission has performed a review and formulated a recommendation on that case, the following procedure is to be followed: - The applicant is to be advised by staff that the Council prefers that the substantially revised proposal be revisited by the Planning Commission . prior to Council consideration. . . . Arden Hills Council 11 October 25, 1993 - If the applicant insists, the substantially revised proposal may be forwarded to Council, without further review by the Planning Commission, to assure due process is provided to the applicant. In this case, the applicant is to be advised by staff of the possibility that Council action may be to refer the case back to the Planning Commission. - When minor changes are made to a planning case after the Planning commission has performed a review and formulated a recommendation on that case, the case may proceed directly to Council for consideration. Minor changes would be defined as those which would not likely affect the recommendation of the Planning Commission. FAREWELL TO COUNCIL CHAMBERS In observance of the fact that this would be the final meeting in the Arden Hills Council Chambers, Mayor Sather recalled many positive memories and many frustrating memories in this facility. He expressed his pleasure that the City staff would soon have more space in which to work with the Council . Chambers converted to office space. Councilmember Aplikowski thanked staff for the displays and other preparations for this final meeting in the Council Chamber. The public was advised that future Council and Planning commission meetings will be conducted at the New Brighton Council Chambers, 803 5th Avenue NW, New Brighton, Minnesota. ADJOURN MOTION: Malone moved, seconded by Aplikowski, to adjourn the meeting at 9:15 p.m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor Dorothy A. Person, Administrator NOTICE OF MEETINGS: The next Council meeting will be held at the New Brighton Council Chambers at 7:30 p.m., November 8, 1993. The next Council worksession will be held in the Public Works Conference Room at 4:30p.m., November 18, 1993. .