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HomeMy WebLinkAboutCC 10-11-1983 . . Minutes of Special Council Meeting Village of Arden Hills Tuesday, October 11, 1983 - 7: 30 p.m. Vi 11a ge Hall . Call to Order Pursuant to due call and notice thereof, Mayor Woodburn calle d the meeting to order at 7:34 p.m. Roll Call Present - Mayor Robert Woodburn, Coun ci lmen Thomas Mulcahy, . Mi ch ae 1 Ch ris tiansen, Diane McAllister, Dale Hicks. Absent - None Also Present - Planner Orlyn Miller, Clerk Administrator Charlotte McNiesh, Deputy C le rk Dorothy Zehm. Approval of Minutes McAllister moved, seconded by Hicks, that the Minutes of the Regular Council Mee ting of Sep tembe r 26th be approved as corrected. Motion ca rrie d unanimously. (5-0) Business from the Floor None REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 83- 2 6 , Sideyard Se tb ack Variance - Garal!;e Addition 1110 Inl!;erson Road Council was referred to re p 0 r t of Board of Appeals (9-29-83) , Planning memo (9-28-83) , Planning Commission Minutes of 10-5-83 and to transparencies of the subject lot, surrounding properties, road right-of-way and existing houses in the area. Miller indicated the location of the proposed 12 ' addition to the eas t of the existing ga rage; noted that the existing house/garage is 29\:;' from the r/w line of Lexington Avenue (variance of 101,'); explained that when house was cons tructe d, setback requirement was 20' on a corner lot (current setback requirement is 40') . Mi lle r explained tha t the house across the s t re e t to the north is about 6 ' close r to the Lexington Avenue r/w than the subject house 'it but the propose d 12 I wide addi ti on wi 11 have a 6' greate r encroachment than the othe r home, if it is granted. Miller noted that the west r/w line of Lexington Avenue varies from 33' (from centerline) at the south of the subject property to 49\:;' from this point north. Mi lie r reported that the Board of Appeals and Planning Commission recommend deni al be cause they found no hardship related to the land: - land is reasonably flat. - addition to the south ( re a r) is an alternative. Miller said the re are trees along the Lexington Avenue line, which would reduce the impact along Lexington; explained that the utili ty service lines (s ewe r and p ower) are from Lexington . to the rear of the house. Ray Flor said he would have to relocate the service lines to add to the rear of the garage; un de rs tands he cannot build over a s ewe r line; noted that when the house was built, the setback was 20' ; explained that the existing garage is only 20'x 22' (wide) , smaller than normal atandard 2-car garage. In discussion, it was as ke d if the fence is in the r/w or on the property line. Answe r. In the Lexington r/w; intend to leave the fence as it is; noted the re is a pinetree 6 ' in from the fence - 1 row of tree s is on the property line; second row of trees is in the r/w. . ... Minutes of Special Council Meeting October 11 , 1983 Page Two The location of the stotage shed was described to be within the r/w - can be moved. Mi lie r noted that an accessory building should be at the 40 ' fron t setback line (both streets) same as the house Jo or 10 ' from rear or other side property line. It was explained that you can build over a private sewer line, not a City Sewer. Miller said he sees no problem with construction of a garage over a sewer service; they are often run under basements. Flor said he'd have to move his patio and gas line, if he built to the south. . In further discussion, Flor described the proposed garage to be 3-car, with the exis ting 16 ' wide door and an additional 9 ' wide door; needs the addition for storage of boat and snowmobiles; said he cannot put his campe r ins ide, even if addi tion is granted; would nee d a l4\:;' high door. It was explained that campe rs not housed indoors, should be parked in the rear yard, 10 ' from a property line, and screened from view. It was queried whether a 6' wide addition, putting the garage in line with the house across the street, would be sufficient to store the boat and snowmobiles. Flor said his boat is 7'4" wide, a 6 ' wide addition would not be adequate for his needs. Hicks moved, se conde d by McAllister, that Council gran t the 29\:;' variance for the 12 ' addition (10.5' se tb ack from Lexington Avenue r/w) , b ssed on the hardship, of the uniQue excessive r/w along the i r lot (16 ' wider than along lots to the south): In further discussion, Mulcahy expressed his concern re finding a hardship; not convinced of the need for a 3-car garage, especially when it doesn't fit into the 20 ' setback previously required. Motion did not carry. Hicks voting in favor of the motion; Woodburn, Ch ris tiansen, McAllister, Mulcahy voting in opposition. (1-4) Case No. 83- 2 5 , Si gn Variances - Shaw Lumber Company 3776 Connelly Avenue Council was referred to re p 0 r t of Board of Appeals (8-31-83) , Planning memo (8-31-83) , Planning Commission Minutes (10-5-83) and to transparencies of the Shaw Lumber site and s urroundin g area. Mi lIe r explained that two sign s are requested, both requiring variances: Sign III is proposed to be located on an e.as e men t on the Flaherty p rope rty at the corner of Connelly Avenue and County Road E, a directional/informational off-site . sign. Miller explained that he questioned whether an off-site sign meets the considerations for granting a variance (Ord. 216 - Sign Ordinance) ; reported that Attorney Lynden feels this interpretation of the ordinance can be made by Council. Mi ller reported that the Board of Appeals and Planning Commission recommend app roval of the off-site directional/informational sign, as proposed. Sign #2 is proposed to be located on the Shaw Lumbe r C omp any property oriented to Highway 51, is a business sign, and is intended to eliminate at 1 e as t aome of the existing signage; the proposed sign is to be 50' in height (requiring a 34' height va ri an ce) and 288 sq. ft. in area (req ui ring an area variance of 188 sq. ft) (16 ' he i gh t and 100 sq. ft. area pe rmi t ted) - __._.._u___._n_ Minutes of Special Council Meeting Oc tobe r II, 1983 Page Three Miller reviewed the tests that were conducted on the Shaw site to determine the height at which a sign can be seen from Highway 51, nor th and south bound; reported that from the north, a 40' sign could be seen. from the south, 45 ' - 50' in height is needed. Miller reviewed variances granted for various other bus.iness signs in Arden Hills. which had similar visual .problems.. Peter Miller. President of Shaw Lumber Co. , explained that . sign Ul is requested because Flaherty's and McDonalds obstruct the view of Shaw Lumber Co. from County Road E; explained that their 30 ' wide driveway is their only frontage on Connelly Av.enue; consequently, their access to County Road E is difficult to find. P. Miller explained that prior to McDonalds, Shaw Lumber was visible from north-bound Highway 51, and before all the extensive highway ri gh t-of -way foliage, it could be seen from south-bound 51 as well; reported tha t their existing signs on north & west of building can no longer be seen. P. Miller said these signs, as well as the free-standing sign (west of the b ui ldin g) will be removed if the 50' sign is approved. A rendering of the proposed l2'x 24' sign was shown to Council, the top of which is proposed at a height of 50 '; sign is to be double-faced and in te rnally Up;hted In discussion, P. Miller said the bottom of the sign w,ould be visible at the 50' height; said the sign could include time and temperature if this would be desirable; offered to build a berm, and to lands cape in the area around the base of the sign to screen the pole portion from Highway 51. P. Miller said the home s ~ across Highway 51 from Shaw Lumber shielded by are Russian Olive et c. George Salitros, 3625 RamUne Avenue said he feel~ a 50 I high sign would be visible from his home and othe rs alon g Hamline Ave. , prefers the existing Shaw Lumber signs which they canno t see. P. Miller said he does not think the proposed 50' sign will have any imp act on the homes on Hamline, because of the dense existing foliage. Miller explained that Shaw Lumber needs to be seen; no te d that they had visability from a high traffic area at one time; noted that people have to see us to remember the name. The percentage of business from drive-ins vs. those who go directly to Shaw Lumber was queried. P. Miller said he was not sure of the percentage; noted that lumber is not an impulse commodity, but retail sales are, which are a large part of their business. McAllister moved, seconded by Mulcahy, that Council approve the variance to permit sign 1/ 1 , the off-site directional/ in formational sign, as proposed, at Connelly & County Road E (on an easement to be obtained from Flaherty's Arden Bowl). Motion carried unanimously. (5-0) . Christiansen moved, seconded by Hicks, that Council app rove a height variance of 34' to permit a 50' high internally Ughted sign 12' x 15 ' in area (180 Sq. ft. ) on one (1) py Ion to be loca te d on the wes t si de of the Shaw Lumber Company si te, based on the visibility hardship, with the following conditions: a) Removal of the free-standing billboard west of the Shaw Lumber Comp any bui ldin g, and b) Re mov al of the signs on the north and west walls of the building, and c) Painting of the windows on the west wall of the building to match the building exterior. Motion did not carry (Christiansen, Mulcahy vote d in favor; Hicks, McAllister, Woodburn voting in opposition).(2-3) -----~--- - Minutes of Special Council Meeting October 11, 1983 Page Four (It was the understanding of Council, and Peter Miller, that the 6-month waiting period for resubmittal of a variance for an alternative sign, will not apply) . Case No. 83- 2 3 , Va ri an ce - Solid Fence 8 feet in HeiJ>;ht. 1435 Arden Oaks Drive Miller reviewed the request for an 8' high solid fence a c ro 8 s the rear of the 10 t at 1435 Arden Oaks Drive; explained that the solid fence is proposed as a sound barrier between the house and railroad tracks, and referred Council to a transparency showing . elevation of the tracks and the house. Miller explained that the original proposal was to construct the fence on the Soo Line property, at the rear of this 10 t; noted that Soo Line is not. however, a part y to the application to date. Council was referred to recommendations of the Board of Appeals (8-31-83) and Planning Commission (9-7-83) and to Planning memo (8-26-83). Mi lle r noted that both the Board of Appeals and Planning Commission recommend denial of the variance because they di d not feel the proposed solid fence would be an effective sound or visual barrier on only one 10 t. Mi lie r repo rte d that it was suggested at the September 7th Planning Commission Meeting that requirements for ce rt ain Ilbarriers" be established which are di ffe rent from the requirements for f1fences" . Noted that it was felt that some intrusions are ligitimate concerns. Marcel Eibensteiner explained that his salesman apparently told Dolinars (owne rs of the home at 1435 Arden Oaks D ri ve) that there would be only one train a day; actually there are app roxima te ly 9 trains a day; therefore, he has offered to construct the 8 ' soli d fence for the Dolinars, on the Dolina rs lot. Eibensteiner said the fence, as proposed will be of cedar boards and the posts will be installed in cone re te. Eibensteiner said the fence will not be visible from Arden Oaks D ri ve . Mr. Dolinar explained that one t r ai n a day was not an important issue to us. but 9 trains a day is a IIhe.adache"; explained that the fence wi 11 help re duce the noise, and said he als 0 plans to plan t shrubs along the fence. Dolinar said that Soo Line has recently cut the brush along the r/w which makes the tracks more visible from their house. Dolinar said they experience an extreme roar (ove r 100 decibels) , and are very up se t. In discussion, Hicks asked if the fen ce , on only one lot. will help; suggested that it should possibly be e xtende d along the rear of all the lots adjacent to the r/w. Eibensteiner said the other 10 ts are heavily treed; this particular lot is not. Dolinar repo rte d tha t all of his neighbors are supportive of the proposed fence. Mi lIe r described the elevation of the tracks (928') in relation to the building pad (934'); noted that the main floor of the house is at a higher elevation. Mi lle r suggested that a combination of a berm and fence may be . more ben.efi ci ai, but a berm would use much of the rear lot, and would require maj or hauling of fill. 'fhe Effec tiveness of the proposed one-lot fence as a sound b arrie r was discussed. Concern was expressed that, as the lots are sold, others will also want fences. It was sugges ted that probably the ma t te r should be tab 1 e d until standards for lib arrie-rs II are es tab lishe d, as suggested by the Planning Commission. Mulcahy said the City has an ordinance in effect; feels barriers for app rop ri ate intrusions can best be handled by variance on an individual basis. --- Minutes of Special Council Meeting October 11, 1983 Page Five Mulcahy move d. seconded by McAllister, that Council approve the "height" and lIopennessll variance, permitting an 8' high solid fen ce , as requested. Motion carried (Mulcahy, Christiansen, Hicks voting in favor of the motion; McAllister and Woodburn voting in opp osi ti on) . (3-2) Ordinance No. 229, Adopting By Reference the Uniform Fire Code - Final Readinf! Council was referred to draft of Ordinance No. 229 and to letters . from Miller (10-4-83) Miller reported that the ordinance draft incorporates his recommended districts in which storage of flammable or combustible liquida and bulk storage of liquefied petroleum gases and storage of exp losi ves and bias ting a gen ts are to be prohibited; reported that the limi~ed storage of liquefied petroleum in the residential districts may c re ate a problem for certain large us e r s (Mounds View High School, Columbia. Transit, Valentine Hills Elementary and Presbyterian Homes, located in residential districts) ; noted tha t he does not believe they currently have above ground L P storage, but an "exceptionlt clause could be inserted to allow larger bulk storage limits by Special Use Pe rmi t (Sec. 4 (c) ) . After discussion, McAllister moved t seconded by Christiansen, that Council waive the Final Reading of Ordinance No. 229. Mo t i on carried unanimously. (5-0) Christiansen moved, seconded by Hicks, that Counci 1 adop t Ordinance No. 22 9 ,AN ORDINAN CE ADOPTING BY RE FE REN CE THE MINNESOTA UNIFORM FIRE CODE; PROVIDING FOR THE ENFORCEMENT THEREOF; ESTABLISHING LIMITS OF DISTRICTS IN WHI CH CERTAIN FLAMMABLES, COMBUSTIBLES AND EXPLOS I VES ARE PROHIBITED; ESTABLISHING APPEALS PROCEDURES AND REVIEW COMMITTEE; REPEALING ALL CONFLICTING ORDINANCES AND PROVISIONS THEREOF; AND PROVIDING PENALTIES FOR VIOLATIONS, as amended by inse rt ing the following to Section 4( c) : " ...except as allowed by Special Use Permits heretofore approved and in effect in accordance with S e c t i on VI, E, 10 of the Zoning Code, prior to the enactment of this ordinancell are hereby established as follows: Motion carried unanimously. (5-0) Hamline Avenue Access to County Ro ad E - George Salitros George Salitros, 3625 N. Hamline, said he is representing his neighbors on Hamline Avenue as well as himself, in reques ting that something be done about the Hamline/County Road E intersection; reported tha t it is very difficult for Hamline t rafti c to see westbound traffic on County Road E; explained that some of . the problem is high grass in summer and snow piles in winter which reduce visibility from Hamline to ze roo Salitros said the p rob lem is worse sin ce the installation of the semaphores; fee Is they have created an unsafe condition and does not feel the residents on Harnline Avenue should have to put thei r lives in jeopardy; s tate d that safe ty should not be measured in dollars; fee Is an additional "stop" li gh t is needed to allow Hamline traffic to access onto County Road E. Salitros no te d another problem of cars turning onto Hamline and turning around in the driveways when they find it is not a thru- street; feels the confusion is caused by a sign directing traffic to Bethel College on Snelling Avenue; noted that the Bethel access is actually from Highway 51; suggested additonal signs on County Road E to direct Bethel College t raffi C. ------.-- -- Minutes of Special Council Mee tin g Oc tobe I' 11, 1983 Page Six Salitros said County Road E is striped at the bridge to dire c t traffic away from the Hamline access, but the striping is ignored. Salitros described the various turns made by ca rs at the rampl Hamline/Counl'Y Road E intersection, causing the hazardous condi tions they experience; said the semaphore gives Hamline traffic no chance to en te I' onto County Road E safely. After dis cussion it was the general con ce ns us of Council to a Ie rt the state and cdunty, and the city traffic enginee rs of the problems described, and request a study of the in te rs e c t i on . and a solution to the problem, in writing fo r Council's con- sideration. Salitros asked that snow and grass be kept at the fence level to improve visibility at Hamline I County Road E . Council also requested that Bethel College be contacted relative to provision of appropriate signage on County Road E, directing traffic to Bethel College. REPORT OF VILLAGE TREASURER DONALD LAMB ( ab ae n t) Investment September 28, 1983 - $270,744.26 at Fi rs t Federal for 6 mos. @ 9.36% interest, maturing 3-28-84. Hicks moved to ratify the T re as u re r t s investment. Motion was seconded by McAllister and carried unanimously. (5-0) Resolution No. 83-57, De s i Rn a t i on of American Savinll;s and Loan as Addi tional Depository of Funds of the City of Arden Hi lls Ch ri s ti ansen moved, seconded by Hi cks, that Coun ci 1 adopt Resolution No. 83...57. Motion carried unanimously. (5-0) (It was the concensus of Council that investments be limi ted to $100,000.00). Request to attend MRPA Fall Con feren ce Council was referred to Buckley's memo ( 10-7-83) and attached MRPA Conference brochure. McAllister moved to app rove Buckley's attendance at the Minnesota Recreation and Parks Association Annual Conference; cost not to exceed tbe $200 budget for 1983. Motion was seconded by Hicks and carried unanimous ly. (5-0) Approval of Instructors for Fall Programs Council was referred to Buckley's memo (10-7-83) re 1983 Fall Program Personnel. McAllister moved. seconded by Mulcahy, that Colin ci 1 app rove the hiring of the Fall Program personnel as outlined in memo. . Motion carried unanimously. (5-0) Case No. 83-18, Special Use Pe rmi t for Day Care Center. 3151 Lake Johanna Boulevard Council was referred to draft of Special Use Permit - Case No. 83-18. After discussion, Hicks move d to app rove Special Use Permit - Case No. 83-18, as amended adding the following condi tion: "On-site drop-of f I pi ck up lane to be si gne d for one-way traffic from north to south. " Motion was seconded by McAllister, and carried unanimously. (5-0) . . Minutes of Special Council Meeting October 11, 1983 Page Seven Resolutions Eatablishing License and Permit Fees: Resolution No. 83-54. Fee for InsDection and Certification of Mobile Homes Sold in Mobile Home Parks McAllister moved, seconded by Christiansen, that Council adop t Resolution No. 83-54. Motion carried unanimously. (5-0) . Resolution No. 83-55 , Fees and Liability Insurance Requirements for Alcoholic Beve rages , Amusements and Recreation , Various Businesses, Itinerant Food Vendors, and Vending Machines Hicks moved, seconded by McAllister that Council adopt Resolution No. 83-55. In discussion, con ce rn was expressed re justification of certain feea. Mulcahy requested a summary showing total fees for maj 0 r Ii cense s . After discussion, Hicks and McA lli s te r withdrew the motion and se cond, and Hicks moved to table action on Resolution No. 83-55 to the October 31st Council Mee ting. Motion was seconded by Christiansen and carried unanimously. (5-0) Reso 1 u ti on No. 83-56, Fees for Buildinl': Permits, Reinspections and Miscellaneous Construction Permits Hicks move d, seconded by Christiansen, that council ad op t Resolution No. 83-56. Motion ca.rried unanimously. (5 -0) REPORT OF COUNCILMAN DIANE McALLISTER Council was referred to McAllister's memo ( 10-3-83) Fire Board Meeting of September 29 th McAllister aske d in-put from Council re Arden Hills' interest in the proposed new fire station; feels the contract cities should be advised; re p 0 r te d that the 2- acre site proposed is on County Road I and Lexington, a c r os 8 from Turtle Lake School, costing $100,000.00, including sewer and water assessments. Council discussed the p resen t contract with L.J.V. F. Dept. noted that the understanding is that the department ..ould provide adequate fi re protection to all 3 cities as per contract. It was noted that the contract is based on valuation ra the r than population. (A r de n Hilh has a large portion of . commercial/industrial; consequently pays a large percentage: North Oaks - 17% Arden Hi lIs - 34% Shoreview - 49% Various financing alternatives for purchase of the land and station we re dis cusse d; general concensus was that Arden Hi lls wants to coope rate, but had understood that the L.J.V.F. Dept. would provide the 3 ci tie s with adequate cove rage un de r the contract. ----- . Minutes of Special Cauncil Meeting Octaber 11, 1983 Page Eight Palice Can t r act Propasal In review af the service contract comparisons" attached to. McAllister's memo" it was noted tha t the p roj e c te d $20,000 se rvt ce cost di f fe rence was primarily based on salaries, he a 1 th & accident insurance" PERA, and works man's compensation. In discussian, it was nated tha t a $20,000 savings would be worth laaking into.; it was fel t that more informatian would be needed in orde r to. evaluate praposal far f u t u re canside r- . atian. Danatian - Minnesata Baptist Conference Council expressed its appreciatian to Minnesota Baptist Conference far its $275.00 gift to Arden Hills, and for being such a "gaad neighbor".. OTHER BUSINESS Cable TV Meetinjl McAllister reparted that appa ren tly a s t ri ke and a tornado have caused graup W some delays; reparted that the committee dis- c us sed filing a notice with graup W relative to. the slaw construction; no. te d that cities can levy fines of $500/day lei ty ($5 ,OOO/day). Ramsey County - 5 year Capital Im~. Prajlram 1984-88 Council was referred to Ie t te r from Caunty Engineer ( 10-3~83) requesting s ugges tions for the Five-Year Capital Improvement Program. Some suggestions, expressed by Council: 1. New Brightan Raad up-grade. 2. Ingerson Raad, west of Fernwood-canstruct a small ditch on north side af Ingerson to. drain the road. County Road F and Fairview Drainajle Problem Woodburn reported that Engineer Christoffersen met with County Enginee r re this drainage problem; prapose to construct a ditch along County Road F, both side s of Fairview, to drain intersection pending approval of affected properties. Parkihjl Prablem - Grey Fox Raad Council was re fe rred to 1ne mo fram Deputy She ri if Frank Herbst (10-6-83) , and attached drawing. After discussion, Council autharized the yellow paintinl1 of the curb" and the installation af app rap ri ate no. parking signs within 50' of the railroad spur, as per drawing. Satelli te Dishes - Tim Tuggle asked abaut regulatians for satellite dishes, noted several large dishes in residential . yards. Miller sdvised we've been treating them as a c ce s s 0 ry structures. He i gh t of Eme ra ld Inn dish was questianed; referred to Building Inspectar to. che ck height. Le t te r af Sept. 21, 1983 re Ci ty Water South of Hillhway 96 .!'>lonjl Hijlhway 10. Cauncil was referred to. a le t te r request far special consideration in curbing costs for clean city water. It was noted that Council tabled its action after the public hearing was held and has take n the ma t t e r under advisemen t. It was noted that superfund monies cannat be used to reimburse cities fo.r work done p ri a r to acceptance of an impravement by l:PA; it was noted also., that a pending law suit by several residents af the area may be jeapardized by city's intervention at this time, and the Public Hearing clearly in di ca te d that water will nat be e xtende d to. this area at this time. . . Minutes of Special Council Meeting October 11, 1983 Page Nine Arsenal Property Woodburn reported re ce i p t of a Ie t te r from Senator Rudy Boschwitz, advising that he expects to hear something definite soon in resp onse to his Ie t te r relative to requested release of arsenal property to Arden Hills for park purposes. Squires Memo re Control of Sump Pump Connections - Council was referred to Squi res' memo ( 10-7-83) and to attached North St. Paul regulations; referred to City Attorney to draft . document for implementation. 1974 Ford ~ Ton Pickup Council was referred to memo from Buckley ( 10-11-83) recommending the sale of the 1974 Ford ~ ton pickup. After discussion, Council authorized the sale of the truck as per memo. Lexington Avenue and 1-694 Storm Drainage Impr. ST 81-2 Counci 1 was referred to Engineer Christoffersen's letter of 10-11-83. After discussion, Hicks moved, seconded by McAllister that Coun ci 1 app rove the Comprehensive Plan changes as outlined in his letter of 10-11-83. Motion carried unanimous ly (5-0) REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE McNIESH Claims Council was referred to li s t of claims plus a list of additional che cks totalling $10,987.08. Hicks moved, seconded by Chris tiansen, that the claims and additional checks be app rove d as presented. Motion carried unanimous ly. (5 -0) Application No. 2 and Final - Allie d Blacktopping McAllister moved, seconded by Hicks, that Council accept the 1983 Seal Coating Project and approve Application No. 2 and Final for payment. Motion carried unanimously. (5-0) Adjournment Hicks moved, seconded by McAllister, that the meeting adjourn at 12: 43 Motion carried unanimously (5 -0) . a.m. O;eA/h7l?M1 Y1kd ;?~~. Charlotte McNiesh Robert .L. Woodburn . Clerk Administrator Mayor The next Regular Council Meeting will be held on Monday, October 31, 1983 at 7:30 p.m. at the Village Hall.