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HomeMy WebLinkAboutCC 04-11-1983 . " Minutes of Regular Council Meeting Village of Arden Hills Monday, April II, 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;32 p.m. Roll Call Present; Mayor Robert Woodburn, Councilmen Thomas Mulcahy, Michael Christianaen, Diane McAllister . Absent: Councilman Dale Hicks Also Present: Engineer Donald Christoffersen, Treasurer Donald Lamb, Planner Orlyn Miller, Clerk Administrator Charlotte McNiesh, Secretary Shirley Marshall Approval of Minutes It was moved by McAllister, seconded by Christiansen, Council Minbtes of March 28th be approved as amended. carried unanimously (4-0). that the Motion Business from the Floor None REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN Resolution No. 83-24, Requesting MSA Funds for Lexington Ave. Impr. No. P 83-1 Christoffersen explained that his est~mate of $52,500 is based on his earlier estimate of costs, less the drainage facilities. It includes bituminous walkways, curb and gutter and right-of-way. Motion was made by Christiansen, seconded by McAllister, that Council adopt Resolution 83-24, REQUESTING APPROPRIATION OF MUNICIPAL STATE AID FUNDS FOR LEXINGTON AVENUE IMPROVEMENT. Motion carried unanimously (4-0). Status Report - Hazelnut Park Addition, Phase I, Plans and Speci- fications Christoffersen reported that he has done further study on the drainage of this area; discovered that it would cost between $8,000 and $10,000 more to drain the cul-de-sac with the 12" drainage pipe, as previously discusaed; is also concerned about drainage into back yards with this method. He is recommending tipping the cul-de-sac, and installing a concrete gutter across it (there would be only 2 acres at the most to drain). While he normally does not recommend this type of drainage, feels it is best solution in thia case. Woodburn queried possibility of "bird baths" developing with sub- sidence of street. Christoffersen felt it unlikely this would occur with l~or more grade on street. . Council concurred with Christoffersen's recommendation. Resolution No. 83-25, Authorizing Sanitary Sewer Connections to the New Brighton Sanitary Sewer System and Amending the Sewer Policy Plan of the City's Comprehensive Development Plan Christoffersen noted that Resolution No. 81-71, approved in October 1981, was withdrswn (Resolution No. 82-9). Since the Metropolitan Council has now modified its Water Quality Policy Plan to accom- modate the New Brighton Interceptor, a Resolution must be re sub- mitted. Christoffersen noted that page 2 2.(b) of the Resolution, which is before Council, calls for extension of the interceptor to the City's westerly corporate limits by 1984. While he does not think it will be possible for MWCC to accomplish this, he recommends that the date not be changed; City needs the additional facility as soon as possible. Minutes of Regular Council Meeting April 11, 1983 Page 2 , . It waa moved by McAllister, seconded by Christiansen, thst Council approve Resolution 83-25, RESOLUTION AUTHORIZING SANITARY SEWER CONNECTION TO THE NEW BRIGHTON SANITARY SEWER SYSTEM. Motion carried unanimouSly (4-0). Status Report - Lametti Arbitration Christoffersen noted the letter from Attorney Lynden states the arbitration has been settled. Council concurred not to appeal the award. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 83-3, Lot Split and Consolidation and Associated Variances, 3800 N. Dunlap St. McNiesh reported that applicant has requested that this case be held over until May 9, 1983. . Case No. 83-7, Setback and Access Vsriances, Lot 1, Block 1, Bussard Addition Miller stated that applicant is requesting two variances: 1) a driveway from Snelling Avenue (an "arterial" street) instead of from Bussard Court (a "local" street). (Zoning ordinance states that a residential lot, with frontage on an arterial and local street, shall gain access only from the local atreet). 2) an 8' sideyard setback variance for garage from Snelling Avenue right-of-way. Miller noted that the lot slopes steep,ly upward from both Snelling Ave. and Bussard Court, but the slope is less steep from Snelling; feels the grade differential represents a real hardship, and rec- ommends that the variance for driveway access to Snelling Ave. be granted, provided there is a turn-around on the lot. Planning Commission and Board of Appeals recommends that this variance be granted. Miller noted that the grade of driveway, leading to garage, will be quite steep. even after grading. Miller explained that the proposed garage (assuming the 8' variance is granted) would be midway between the basement floor and the first floor. Moving the garage back 8' more would cause the roof of the garage to be at ground level. Miller noted that the Snelling Ave. right-of- way at this point is 200 feet wide, and approximately 85 feet of open space exists between the existing roadway edge and the east lot line; noted that the City has not previously considered the excesaive right-of-way a reason for granting setback variancea; doea not believe the reasona for requesting the variance meet the City's criteria for granting a variance. Miller reported that the Planning Commission did not recommend granting this variance (6-2); however, two members indicated strong approval of the variance; Board of Appeals felt applicant's hardship and appearance of the structure warranted granting of variance (3-0 decision). . Applicant stated that when he was considering construction of a home on this lot, he checked first with Arden Hills to see if variances could be granted; had then checked with Ramsey County, and received its permission to have driveway opening to Snelling Ave., and was assured that Ramsey County has no plans for further widening of Snelling Ave. He said he has a quit claim deed from Mr. Bussard, so that if riRht-of-wav on Snellin~ is released. it will go to him. His building plans call for removing 5' from th~ top of the hill on this lot, so it will be at approximate eleva- tion of lot to the west. If garage is moved back 8' more, would have extremely steep grade without good u' 3S. It was moved by Mulcahy, seconded by Chr1 approve the variance with respect to aCl and approve an 8' setback variance on th garage (32' setback). j ansen, that Council from Snalling Ave. uast side for the -2- Minutes of Regular Council Meeting April 11, 1983 Page 3 Mulcahy atated that applicant, in his opinion, has made a good case for hardship, is not asking for over-design, feels that ~ level approach for garage is reasonable accommodation of land. "Forcing him back 40' doesn't do anything for us as a Village". Christiansen queried what slope would be with access from Bussard Court. Miller stated that it would be considerably more. . McAllister noted great difficulties in the lot in general as a building site; questioned if house could be designed so that garage variance would not be needed; varisnce does appear to be necessary with this design, but feels this may not be the best use of the land. Council noted the~ is presently an unimproved driveway from Snelling Ave. to this lot. Motion carried (Mulcahy, Christiansen, Woodburn voting in favor of the motion; McAllister voting in opposition (3-1). Case No. 83-6, Lot Split, 3759 New Brighton Road Miller stated that this lot is 1,000 + feet in depth, as are other lots in this area which run between New Brighton Road and Cleve- land Ave.; explained that the applicant is proposing to split the lot so that the lot with his home would be 100' wide by 200' deep; lot fronting on Cleveland would be 100' by 900' deep; noted that the applicant would like to retain the lot fronting on Cleveland, if he sells his home. would like to keep the trees. Miller noted that Subdivision Ordinance allows lot splits, pro- vided the resulting parcels meet minimum lot requirements, and the subdivision would not be detrimental to area. Area is zoned R-2, consists of extremely deep lots. because of soil conditions and negative environmental conditions (freeway, powerlines) it is not well suited to residential use: Miller noted that several lot splits and consolidations have been approved in the area re- sulting in a larger, more flexible parcel which improves develop- ment potential, in his opinion. Miller explained that the proposed back lot does not have sewer and water available; it appears soil conditions would make on- site sewer impossible. noted that applicant has indicated he does not intend to develop the land, or combine it with existing larger parcel,at this time. Miller reported that Planning Commission has recommended approval of a lot split at the base of the hill. Applicant is agreeable to this . McAllister moved that Council approve the lot split for 3759 New Brighton Road, with the lot split moved about 100' to the base of the hill. Motion was seconded by Mulcahy and carried unani- mously. (4-0). . Case 83-10, Lot Split and Associated Variances, 1415 Arden Place Miller reported that Mr. Erickson's home is built on 1~ lots (200' x 120'); he is proposing to create an additional lot by splitting off the east portion, creating a lot 80' x 118' deep which would be substandard in width, depth, and area; remaining lot would also be substandard in area. Miller reported that the Planning Commission has recommended denial, based on the creation of substandard lots; Board of Appeals has recommended denial, because there is no evidence of an undue hardship. Mr. Erickson referred Council to portion of the Ordinance which states that, in instances where strict enforcement would create hardship, variances can be granted, giving Council legal way of handling this in his favor; noted granting the split would be in keeping with the spirit of this Ordinance. He fe~t the proposed easterly lot would accomodate a house; noted that the house to the east is on a triangular lot, that there is a large amount of open space behind the lots, ao it would not appear crowded. Erickson said he has been disabled; is unable to work or to take care of the lot adequately, and he financially needs money. -3- . Minutes of Regular Council Meeting April ii, 1983 Page 4 Mrs. Hendrie, 3544 Snelling, voiced strong objection to the pro- posed lot split because: (1) sees possible water problem; noted there is a drainage pipe running along the east side of applicant's lot which drains four lots, explained that there is water standing in her yard now, and her neighbor has water in her basement. (2) feels this would drastically alter the character of neighbor- hood, and would devalue their home. Miller stated he was not aware of a pipe being there; noted that it is a low area, is lower than the street; noted that if split were allowed, area would have to be surveyed. Bill Floren, 1434 Arden Place also objected to the proposed split. . He stated that a variance had been granted previously when the Erickson house was built, in order to place it at the angle at which it stands; noted that the standing water problem in area has been bad enough so that Metropolitan Mosquito Control Board has regularly sprayed in the past. If a house were built on the proposed lot, it would obstruct drainage. Floren said he is also opposed because the lot is too small for a house. Ross Steele, 3510 N. Snelling also opposed the lot split; feels it would harm the quality of the neighborhood. Mr. Erickson said that the house on the east has water in the basement only because it is not graded properly; a house on the proposed lot would improve the existing water problem. Motion was made by McAllister, seconded by Christiansen, that Council concur with Planning Commission recommendation and deny the lot split, based on the substanda~d size of lots, Mulcahy noted that generally he has no great trouble going along with variances but, in view of size of lot and front footage, he can't support these variances. Christiansen stated that he also feels this lot split would not be acceptable in this area. Motion carried unanimously (4-0). Case No. 83-8. Site Plan Review for McDonald's Drive-Thru Window Addition, 1313 W. County Rd.E. Miller referred Council to Zehm's March 7th memo, stating that Zoning Administrator, Attorney and Planner felt that this request should be handled by Site Plan Review, rather than Special Use Permit; explained that if application were coming in today for a drive-in restaurant, it would be a "Special Use Permit" appli- cation; reported that the Planning Commission determined this should be handled as a Site Plan Review (7-1). Thorn's opposition was based on the premise that if drive-thru window addition creates a problem, Council would have more flexibility in corrective action with Special Use Permit. Miller stated that McDonald's plans to construct the drive-thru window on south side of the building, adjacent to the existing entrance. One-way traffic pattern would be established, with entrance at north driveway and exit at south driveway; these would be clearly marked. Handicap stalls and a ramp are planned at the southeast corner of the building. McDonald's estimates that 30-35% of the business will be drive-thru. . Miller reported that the Planning Commission has recommended ap- proval of McDonald's request, subject to the following conditions: 1. South parking should be at an angle. 2. Any landscaping in disrepair should be fixed. 3. A stripe be added on the north side of the building to indicate the drive-thru lane. 4. Provision be made to allow a temporary "do not enter" sign at the south driveway, if necessary, to educate the public of the one-way access through this property. -4- . . " Minutes of Regular Council Meeting April 11, 1983 Page 5 Miller addressed the parking concerns that he and the Planning Commission have; noted that the Ordinance requires one parking space per three seating spaces; there are presently 79 spaces, 62 are proposed, more than meeting the code requirement of 40. If cars become "stacked" going through the drive-thru window, 14 of these spaces could be blocked by stacked cars. Although this is extremely unlikely, angle parking of 60 degrees is rec- ommended on both north and south sides of the site. Miller also recommends that City give permission for construction of a "Do Not Enter" sign on south entrance to McDonalds for a short period of time. The counter-clockwise traffic flow proposed is most comfortable and safe for drivers. Engstrom, McDonald's Construction Engineer, stated that they plan to redo the landscsping in front of building and will provide de- tailed plans for approval; noted that they also plan more land- scaping in back of building. He noted that, in other facilities, peak business hours have been 12:00 to 12:20, and 5:00 to 5:30, when stacking could possibly occur. He stated that the same plans have been used in other McDonalds' facilities; have not created traffic problems. McAllister expressed concern about marking of entrance snd exit; noted that these were marked this way when facility was built and they were ignored and subsequently changed to south entrance: asked if traffic within the drive-thru becomes a problem, does Arden Hills have any control? Answer was, no, it is McDonald's p rob lem. She als 0 q ues ti one d why "Do Not En te r" sign would be considered temporary? It was felt that the sign would probably not be necessary after patrons become accustomed to the one-way traffic pattern. It was noted that Arden Hills has always dis- couraged unnecessary signs. Woodburn noted that the landaceping plan should be submitted for approval by City Planner before Building Permit is issued. Woodburn questioned whether there is any glare onto adjoining roadways from McDonald's lights; Miller and Engstrom will check. Mulcahy questioned figures of 30-35% drive-thru business: noted figures obtained from some other McDonald's indicate 40 to 50% has been drive-thru. Engstrom stated that McDonald's has kept records in other facilities of this type: this seems to be aver- age. McDonald's expects a total increase of 7 to 8% in business from drive-thru. Mulcahy asked if there are studies on where food is taken when car leaves McDonald's; Engstrom will supply these if available. Woodburn noted that, according to Ordinance, over 50% of the busi- ness would have to be drive-thru to classify the restaurant as a "drive-in", which would need Special Use Permit. Mulcahy noted that if McDonalds, when it was originally built, had included the drive-thru window in its plans, it would have been handled aa a Special Use Permit. Christiansen moved that Council approve issuance of a Building Permit for the drive-thru window, as proposed, subject to: 1. City Planner's approval of a revised landscape plan. 2. South parking lot also to be marked for angle parking. 3. ~ stripe be provided on the north side to indicate the drive-thru lane. 4. A temporary "Do Not Enter" sign be provided at the south driveway to educate the public of the one- way traffic pattern. Motion was seconded by Mulcahy and carried. (Christiansen, Mulcahy, Woodburn voting in favor of the motion; McAllister vot- ing in opposition). -5- .. Minutes of Regular Council Meeting April 11, 1983 Page 6 Uniform Fire Code Miller stated he had been asked to make recommendations for Sec- tion 4(a), (b) and (e), re storage of flammable materials. He noted that these districts do not need to conform to zoning dis- tricts, but it seems expedient to do so. He recommended that Section 4(2), Districts in which Storage of Flammable or Combus- tible Liquids in Outside Aboveground Tanks is to be Prohibited, would be all the residential zones, the B-1 and possibly the B-2 zones. Section 4(b), Districts in which New Bulk Plants for Flammable or Combustible Liquids are to be Prohibited, Miller understands to be areas in which these are stored for resale, and he would recommend all except 1-2. . No recommendation was made for Section 4(c) pending more infor- mation from Fire Marshal's office. He also noted that most ref- erences in Ordinance No. 229 seem to relate to the '73 edition of the Uniform Fire Code. No Council action was taken. REPORT OF VILLAGE TREASURER DONALD LAMB Investments 4-4-83 - $105,272.55 at First Federal at 9.25%, maturing 9-28-83. Christiansen moved, seconded by McAllister, that Council ratify the Treasurer's investment. Motion carried unanimously (4-0). Bid Award, 1983 Diseased Tree and Stump Removal Contract Council reviewed Buckley memo, 4-8-83, recommending bid be awarded to Bluemel Tree Service, Hudson, Wisconsin. Council questioned tabulation of bid data, would like clarification. It was moved by Christiansen, seconded by McAllister, that 1983 Tree Removal Contract be awarded to Bluemel Tree Service. Motion carried unanimously (4-0). Approval To Attend Toro Service Training School McAllister moved that Council approve Bell's attendance at Toro Service Training School. Motion was seconded by Mulcahy, carried unanimously (4-0). OTHER BUSINESS May Council Meetings Motion was made by Mulcahy, seconded by Christiansen, that May Council meetings be scheduled on May 9 and May 23. Motion carried unanimously (4-0). North Suburban Cable Commission McAllister atated that she attended the last meeting of the Com- mission with Arden Hills' representative Bauer; noted that five of . the membe r ci ties have not app rove d an amendment to the franchise ordinance which gives NSCC authority to accept or reject changes Group W may wish to make in the contract. Group W has already re- quested one change; instead of one head end and two hubs, wants two head ends and no hubs. She noted none of the members of the Commission possess technical background to evaluate this change. Bauer is a member of the selection committee which is to explore possible employment of a Cable Officer for administration of the contract. Legislative Action - Anoka County Airport. Mayor Woodburn repor~ed that if bill recommended by subcommittee goes through, airport will remain as it is; amendment was added that runways cannot be shortened. -6- . Minutes of Regular Council Meeting April 11, 1983 Page 7 - Leaf Burning Bill was recommended out of Committee, but effectively crippled by amendments such that burning will probably not be allowed in Ramsey County. Ramsey County Commissioners' Meeting Report - County is still considering an "Impound Lot"; matter is back in commi ttee, - Matter of towing contract is still being studied. . CLERK ADMINISTRATOR'S REPORT Claims and Payroll Motion was made by McAllister, seconded by Christiansen, thst Council approve the Claims and Payroll as submitted. Motion carried unanimously (4-0), Mill Rate Woodburn pointed out that report from League of Minnesota Cities shows Arden Hills' municipal mill rate is the lowest for any urban city over 2,500 (with exception of North Oaks, which has separate assessments to homeowners), Park Dedication - Janet Estates McNiesh stated that Janet Estates has paid balance of park dedi- cation ($2,166). Adjournment It was moved by Christiansen, saconded by McAllister, that meet- ing be adjourned at 11:25 p.m. Motion carried unanimously (4-0). ~~~~L Clerk Administrator ~~ Robert L. Woodburn Mayor NOTICE OF MEETING: The next regular Council meeting will be held Monday, April 25, 7:30 p.m. at the Village Hall. . -7-