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HomeMy WebLinkAboutCC 09-12-1983 . . ... Minutes of Regular Council Meeting Village of Arden Hills Monday, September 12, 1983 - 7:30 p.m. Village Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:30 p.m. Roll Call Present - Mayor Robert Woodburn, Councilmen Diane McAllister, Dale Hicks, Michael Christiansen, -Thomas Mulcahy (8:15 p.m.) Absent - None Also Present - Village Attorney James Lynden, Treasurer Donald Lamb, Planner Orlyn Miller, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Approval of Minutes Hicks moved, seconded by McAllister, that the Minutes of the Regular Council Meeting of August 29th be approved as corrected. Motion carried unanimously. (4-0) Don Mosher, Projects Director, Senator Rudy Boschwitz's Office Mosher reported that Revenue Sharing will be extended for 3 years. Mosher reported that Boschwitz bas taken the stand that Minnesota local leaders have been responsible in their cable TV franchise awardin:g and Federal Government shouldn't mandate de-regulation of cable television franchises; noted that there is some hope that the House will modify the bill aDd tbe Senate will get another chance at it; hopefully, it will be modified to some extent to help. restore some of the local control over the franchises. . Mosher offered co relay messages from Council to Rudy. Mayor Woodburn acknowledged the presence of R~presentative Tony Bennett in the audience; asked Council and Bennett for their comments. Two Arden Hills' issues pending resolutions were noted: _ Army's decision relative to City's request that the army relinquish title of arsenal land to the City for park purposes - namely, ballfields. _ EPA's decision relative to funding of City water service to homes with po11ute-d private wells; suggested that he communicate the urgent need for water to these people; advise that the City can't proceed without EPA approval and that freezing occurs in early fall in Minnesota. (McNiesh was requested to send pertinent information to Mosher re City's request for arsenal land for park purposes.) Business from the Floor Tim Tuggle, 4126 James Circle, asked the status of the gss station site on County Road E; asked if something is going to be done sbout this .yeso re. Council noted that bui1din!\l! can be condemned for safety and health reasons; took matter under ad~isement. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Status Report - Cummings Easement Woodburn reported that he met with Mrs. Cummings relative to the Minutes of Regular Council Meeting Sep tembe r 12, 1983 Page Two .; easements needed for the Lexington Avenue project; noted that four. large trees were tagged by the County to be removed within the l6~' wide highway easement area; noted that the tree removal will expose the Cummings house; reported that Mrs. Cummings has requested $5,000 for the 16~' easement across the front of her property. Mrs. Cummings said there are actually 16 trees in all that will be removed. Woodburn noted that some of the trees are within the street right-of-way and/or on the right-of-way line; noted that he counted only the large trees that had been marked for removal. Lynden explained that an alternative would be to commence condemn- ation proceedings; suggested Council may wish to adjourn the counci. meeting and have a short closed meeting in which to discuss negoti- ations. It was noted thst the time frame is immediate. Woodburn reported that seven easements have been obtained; Pierre Lippert easement, he understands is forthcoming; C~mmings easement is the only one pending. Woodburn noted that the City does not like con- demnation, if it can be avoided. (Mulcahy arrived - 8:15 p.m.) After verification of the s quare footage involved in the requested easement @ 3,960 sq. ft. (240' x 16.5'), the Counci 1 mee ting was adjourned at about 8:17 p.m., and Council held a closed meettng to discuss the Cummings easement negotiations. The Council meeting Was called to order again at 8:25 p.m., and $4,000 was offered by Council for the permanent easement including the temporary slope easement. It was noted that the offer is more than City has paid for similar land; Council is sensitive to the impact on the homesite; County needs the easement to proceed. Council asked Mrs. Cummings to react at tonight's meeting, if pOSSible, and was given time to contemplate Council's offer. Later in the meeting, Mrs. Cummings accepted Council's $4,000 offer and agreed to sign the easement on Tuesday. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 83-19, Minor Subdivision, Lot 3, Block 4, Shady Oaks Addition Council was referred to transparency of the proposed minor subdivision of Lot 3, Block 4, Shady Oaks Addition and to recommendations of the Planning Commission (Minutes of 9-7-83). Miller reviewed the subdivision plan which was originally proposed to split Lot 4 from the remainder of_the parcel. Miller explained that Council approved the split, and Lot 4 has been recorded as a building . lot. In review of proposed Lots 2 and 3, Miller noted that the utilities have been installed to the proposed lots as shown on the 1980 plan proposed; noted that the City Engineer recommended that a drainage easement be provided along the drainage course. Miller noted that , the Planning Commission was incorrectly told that the easement shoul parallel Snelling Avenue; it should actually follow the natural drain- age awale, which runs diagonally across Lots 2 and 3. Mr. Dunnett and Planner Miller indicated the potential building sites on the proposed lots and the approximate location of the natural drainage swale. Mr. Dunnett explained that the west lines of Lots 2 and 3 are centered in a grove of trees, separating the proposed building sites from the existing house; said these lines could be relocated, if necessary. In discussion, concern was expressed relative to one access drive for three lots. Hicks moved, seconded by McAllister, that Council con- . sider three separate curb cuts for the three lots, subject to approval by Ramsey County Engineer at the time the minor subdivision of the two lots is approved. -2- " Minutes of Regular Council Meeting September 12, 1983 Page Th ree After discussion, Hicks withdrew the motion and McAllister the second with the understanding that it is probably not pertinent for Lot 4 since it is a lot of record, which can have its own dri veway. McAllister moved, seconded by Mulcahy, that Council table action on the minor subdivision pendin~ topographical, drainage and building envelope information on Lots 2 and 3, and possible reloca- tion of west line of Lot 3, if necessary. Motion carried unanimously. (5-0) . Case No. 83-18, Special Use Permit - Day Care Center, 3151 Lake Johanna Blvd. Council Was referred to transparency of the subject site at 3151 Lake Johanna Blvd. and to the recommendations of the Planning Commission (Minutes of 9-7-83) and Planning memo (8-26-83). Miller described the existing uses in the multi-use structure in this B-2 district; noted that a day care center for up to 20 child- ren is proposed on the main floor level of the north portion of the structure, requiring a Special Use Permit. Miller reported that the Planning Commission recommends approval of the Special Use Permit, subject to conditions listed in the minutes, based on the recommended improvements shown on Exhibit E (attached to Planning memo). Miller suggested that a copy of the operstor's license be kept on file in the City office. In review of the Exhibit E site plan, Miller noted that the two north on-site parking spaces (at north property line, near Johanna Blvd.) will require a small amount of sdditional pavement; pool has now been entirely fenced from the play yard; noted that appli- cants are cleaning up the yard (some of the debris was existing; some is from current construction of the building interior). After discussion, Christiansen moved, seconded by Hicks, that Council approve the Special Use Permit for a day care center at 3151 Lake Johanna Blvd., subject to completion of the site plan recom- mended improvements indicated on Exhibit E of Planning memo and subject to the following conditions: 1. Entire site to be cleaned of debris. 2. Dumpster to be relocated as indicated on site plan, and screened f.rom view. 3. Copy of D~y Care Center license to be filed with City Clerk prior to occupancy permit. Motion carried unanimously. (5-0) Caae No. 83-21, Minor Subdivision, Dorothy McClung . Council was referred to a transparency of the Dorothy McClung property on Snelling Avenue, south of Highway 96, indicating the proposed split of an L-shaped parcel in the southwest corner to be consolidated with her residence parcel. Miller explained that the spplicant wishes to sell the north parcel for subdivision and development, but wants to retain the L-shaped parcel to enlarge her residence. Miller noted that the consolidation of the L-shaped parcel with Par- cel B (applicant's residence) will create an oversized lot with little potential for subdivision, but they are not unique in this area of the Village; explained that the L-shaped parcel would be equa1ly difficult to include in the Parcel A subdivision; feels the requested lot split and consolidation is reasonable as proposed. After discussion, Hicks moved, seconded by Mulcahy, thst Council approve the lot split and consolidation as proposed. Motion carried unanimously. (5-0) -3- Minutes of Regular Council Meetio, September 12, 1983 Page Four ., Case No. 83~22, Side~ard Setback Variance, 1426 Russard Court ~ W.Y; Bauer Construction Council was referred to transparencies of Busssrd Addition plat map and Lot 16, and to a topographic map. Miller noted that at the time the lot was platted, a 20' setback was required from the side street right-of-way (40' required now). Miller explained that tbe applieant is requesting a 9' sid,eyard s,et- back variance from the Snelling Avenue rigbt-of-way line (31' from the property line); reported that the Roard of Appeala and Planning Commission recommend an 8' variance be approved to line this bouse with the house to the north, which was grsnted an 8' setback variance4lt based on the steep slope of the lot. Miller said this lot does not have the same slope, but may have soil problems, which could be considered a hardship. Miller noted tbat Council has not in the past accepted the 200' right-of-way as rationale for granting variances. Mr. Bauer described tbe soil,'co,nditions; noted tbat soil borings were taken in three locations; noted tbat tbe cost of the lot does not warrant a smaller house; needs 9' variance to accommodate a 24' garage; 8' variance will permit a 22' garage which would be accept- able. After discussion, Christiansen moved, seconded by Hicks, that Council approve an 8' sideyard setback variance from Snelling Avenue (32' from right-of-way). Motion carried unanimously. (5-0) Case No. 83-24, Variance for Garage Addition - 1777 Gramsie Road Council was referred to Board of Appeals report (8-31-83), Planning Commission recommendations (Minutes of 9-7-83) and Planning memo (8-29-83) . A transparency of the site plan indicating the proposed location of the garage/entry addition was shown. Miller noted that the existing house is 35~' from the Fairview Avenue right-of-way, a variance of 4~ ft. from the 40' currently required. Miller explained that the setback requirement was formerly 20' on corner lots. Miller noted that the house is a walk-out with windows both up and down; explained thst the addition, if moved to the 40' setback, would obscure the view from these windows; noted that the land drops off slightly to the west, requiring some fill, if addition is moved to the west. Miller noted that a 2' rear yard variance is also requested to accnw- modate the 10'x 10' entry and 24' garage. Miller reported that he sees no adverse impact on the neighborhood if the addition is aligned with the existing house; reported that applicant has letters from neighbors approving the addition as proposed; reported that the Board of Appeals recommends denial of both the sideyard and rearyard variances; Planning Commission recommends alignment of the addition with the house and approval of 2' rearyard variance. After discussion of the hardships found on which to grant a variance,. Hicks moved, seconded by Christiansen, that Council approve a 4~' sideyard setback v~riance for the proposed addition at the same set- back as the hO'Lle, l I i):, I'BTC'J."d unanimously. (5-0) Hicks moved, seconded by McAllister, that Council deny tbe rear- yard setback variance. Motion carried (Hicks, McAllister, Woodburn, Christiansen voting in faVor of the motion; Mulcahy voting in oppo- sition. (4-1). Change Order, Lexington Avenue Project, County Road F to County Road G-2 Miller reported that the change order proposed makes previous path- way connection almost impossible. A possible option for the correct- ion was suggested on the NSP easement. After discussion, Hicks moved, seconded by McAllister, that Council approve the change order for the Lexington Avenue project, including tfie chain link fence as'proposed on Drawing 18702003, Sheet 11 ofe 84 (Revision dated 8-18-83). -4- . . Minutes of Regular Council Meeting September 12, 1983 Page Five After further discussion, Hicks moved, seconded by McAllister, to amend the motion to read "with the exception of the chain link fence; County to submit a proposal for a fence that is more aesthet- ically pleasing that will accomplish ita purpose". Motion'on the amended motion carried unanimously. (5-0) Approval of Park and Recreation Fall Program Council was referred to memo from Buckley (9-9-83). and attached 1983 Fall Program Proposal. Mulcahy moved, seconded by Hicks, that Council approve the 1983 Fall Program, subject to approval of the Parks and Recreation Com- . mittee. Motion carried unanimously. (5-0) Temporary Sign - Arden Hills Fall Festival Council was referred to Buckley's memo of 9-8-83 re temporary sign at Flaherty's Arden Bowl to advertise the Fall Festival. Hicks moved, seconded by Christiansen, that Council approve the temporary sign at Flaherty's Arden Bowl during the week of September 12-17, as described in the memo. Motion carried unanimously. (5-0) Status Report - Leaf Composting Project Council was referred to copy of letter re the leaf composting pro- ject, which will be enclosed in the next issue' of the Town Crier, advising residents of the project which will be operational in mid- October. . School District #621 - Goal Setting Council was referred to letter from the Mounds View School Board requesting Council's response to the SCHOOL BOARD PROCESS FOR SETTING SHORT AND LONG-TERM GOALS. After discussion, Council requested Clerk Administrator McNiesb to relay to the School Board that Council does not feel it is appro- priate for City government to comment; School Board is a separate entity responsible to the voters. Other Business Status of Wingert Memorial McAllister asked the status of the proposed James Wingert memorial. McNiesh reported that Maurice Johnson said he is checking on the lighting and is preparing the construction plans. McNiesh reported that Lois Crepeau wants to know when and where to plan an evergreen in memory of Henry Crepeau; Johnson has agreed to indicate an appro- priate site for the tree. Trail Map . Woodburn suggested that the pathway trail map be up-dated for enclo- sure in an up-coming issue of the Town Crier; reported inquiries from resident cross-country skiers. Metro Surface Wcter Management Meeting Woodburn reported that he and Christiansen have meeting conflicts on September 21st and will not be able to attend the 7:30 water management meeting. REPORT OF CLERK ADMIN ISTRATOR CHARLOTTE McNIESH Claims and Payroll Christiansen moved, seconded by Mulcahy, that Council approve the Claims and Payroll as submitted. Motion carried unanimously. (5 -0) -5- Minutes of Regular Council Meeting September 12, 1983 r a$e Six . Adjournment Mulcahy moved, seconded by Christiansen, that the meeting adjourn at 11:08 p.m. Motion carried unanimously. (5-0) ~ffJJ,~ Charlotte McNiesh Clerk Administrator ~~~ , obert L. Woodburn Mayor . Notice of Meeting The next Regular Council Meeting will be held on Monday, September 26th at 7:30 p.m. at the Village Hall. .