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HomeMy WebLinkAboutCC 05-10-1982 " '. -. -. Minutes of Regular Council Meeting Village of Arden Hills Monday, May 10, 1982 - 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 Dale Hicks, Diane McAllister, Maurice Johnson Absent - None Also Present - Village Attorney James Lynden, Eng~neer Donald Christoffersen, Planner Orlyn Miller, Clerk Ad- ministrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Approval of Minutes Johnson moved, seconded by Hicks, that the Council Meeting be approved as submitted. mously (4-0). Minutes of the April 26th Motion carried unani- Business from the Floor None REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Case No. 81-29, Royal Hills Plat Lynden reported that "vacated Floral Drive", shown on the Royal Hills plat across the south 33' of lots 7 and 8, block 2, is appar- ently a private roadway easement, not an essement for extension of Floral Drive which is a public road; noted that a resolution ini- tiating the vacation thereof is apparently not necessary; matter to be resolved prior to execution of the plat. Lynden said the Development Agreement between the developer and the City regarding responsibility for public improve.ent is not ready for consideration tonight; noted that the developer has indi- cated he wants to review the bids prior to entering into an agree- ment. Lynden said he sees no problem in authorizing advertisement for bids for Royal Hills; advised he will attend the EQB technical meeting on May 11th on behalf of the City. Complaint For Declaratory and Injunctive Relief Lynden explained that the Summons, received at tonight's meeting, constitutes a"complaint", which mayor mayor may not result in an "order". Council may take any ac tion it des ires relative to the Royal Hills plat at this time; sees no reason to delay action on the final plat. Ordinance No. 224, re Control of Coin-Operated Amusement Devices and Games Council was referred to amended draft of Ordinance No. 224, incor- ating changes indicated at the April 26th meeting. After review, Johnson moved, seconded by Hicks, that Council waive the second reading and adopt Ordinance No. 224, AN'ORDINANCE AMEND- ING THE ARDEN HILLS CODE BY CREATING A NEW DIVISION 1 IN ARTICLE I OF CHAPTER 4 THEREOF ENTITLED "DRIVING RANGES", RE-ENTITLING SEC- TIONS 4-1 THROUGH 4-3 THEREOF. AND DELETING SECTION 4-4 THEREOF; ADDING TO ARTICLE I OF CHAPTER 4 OF THE CODE A NEW DIVISION 2 ENTITLED "COIN-OPERATED AMUSEMENT DEVICES"; ADDING TO ARTICLE I OF CHAPTER 4 OF THE CODE A NEW DIVISION 3 ENTITLED "AMUSEMENT ARCADES~;AMENDING SECTION 13-13 AND 13-14 OF THE CODE; ADDING A NEW SUBSECTION (rr) TO SECTION 13-24 OF THE CODE; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, as amended. Motion carried unanimously. (4-0) Minutes of Regular Council Meeting May 10, 198.2.' " REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN Resolutions ApprovinR Plans and Specifications and Ordering Advertisement for Bids - Royal Hills and Arden Oaks Resolution No. 82-29 Hicks moved, seconded by McAllister, that Council adopt Resolu- tion 82-29, APPROVING PLANS AND SPECIFICATIONS AND ORDERING AD- VERTISEMENT FOR BIDS FOR ROYAL HILLS. Motion carried unanimoualy (4-0) Christoffersen described a change in the plans for Arden Oaks, eliminating a sewer pumping station which is replaced by about . 200' of sewer - representing a savings of an estimated $5,000 - $10,000 Resolution No. 82-28 Hicks moved, seconded by Johnson, that Council adopt Resolution No. 82-28, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVER- TISEMENT FOR BIDS FOR ARDEN OAKS. Motion carried unanimously (4-0) (Bid openings to be on June 10th at 2:00 p.m. at the City Hall) Note: Bid opening date has been changed to June 17th. Chriatoffersen noted that the City will have up to 40 days to award the bids after the bid opening. New BriRhton Interceptor Council was referred to cost comparison between Alternate A, phas- ing out the Arden Hills Lift Station #10 via a proposed Metro- politan Interceptor located within the City of New Brighton, versus Alternate B, upgrading the existing trunk sewer/forcemsin system located within the City of Arden Hills. Christoffersen explained that Arden Hills would be going into Sewer District #2 if Alternate A is approved; noted that Alte~- nate A is more economical than Alternate B, but is opposed by the cities of Mounds View and Fridley; noted that Brooklyn Park favored the proposed Metropolitan Interceptor. Christoffersen said a public hearing will be held at some future date. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 81-29, Final Plat - Royal Hills Council was referred to the Final Plat of Royal Hills, Planning Report (4-29-82) and to the Planning Commission recommendations (Minutes of 5-5-82). Miller noted that seven lots are 85' wide at the setback line (Lots 2, 3, 4 and 5, Blk. 2, and Lots 4, 5 and 6, Block 1); ex- plained th.at these width variances were imposed on the developer by the Planning Commission in order to preserve the area in the northwest 1/3 of the site which is densely wooded with quality vegetation. Miller said the Planning Commission recommends a blanket 5' aggregate setback variance on these 7 lots, to provide a minimum separation of 20 feet between houses; reported that the Planning Commission recommends approval of the final plat with the conditions listed (Minutes of 5-5-82). . In discussion, Eibensteiner said his appraisal of the property ahould be received soon; will negotiate the park dedication after thia information is available; noted that he wants to aee the bids before entering into a Development Agreement. Hicks moved, seconded by Johnson, that Council approve the Final Plat of Royal Hills, subject to: 1. Execution of the Development Agreement. 2. Satisfactory resolution of the Park Dedication. 3. Award of Bid for streets and utilities. 4. Resolution of street vacation over lots 7 and 8, Block 2. -2- Minutes of Regular Council Meeting May 10, 1982 Approval recognizes a blanket 5' aggrega~k variance on Lots 2, 3, 4 and 5, Block 2 and Lots 4, 5 and 6, Block I, provid- !ng for a minimum separation of 20 feet between houses. Motion carried unanimously (4-0). Case No. 82-4, Special Use Permit for Duplex - 1963 West County Road E2,Lendrum MacEachron Council was referred to a transparency of the lot which is nearly 73,000 square feet in area surrounded on 3 sides by Ramsey County Open Space and on the east by the Ramsey County public library property. Miller explained that the applicants propose to convert the existing two-story house into a two-family dwelling. Miller reported that the Planning Commission recommends approval of a ~ . Special Use Permit for the two-family use with two conditions: 1. A well defined parking area be provided for at least six cars directly north of the house and 2, The access drive shall be improved and surfaced to accommodate all weather access. In review of the Unit 2 modification, it was noted that a second stairwell exists between the bedroom and dining room, which will remain for use as an emergency exit from the hallway. It was re- ported by the applicant that they have contracted to have 75 tons of crushed rock placed on the driveway. McAllister moved, seconded by Hicks, that Council approve a Special Use Permit for the proposed two-family dwelling at 1963 West Cty. Rosd E2. Motion carried unanimously (4-0). Case No. 82-7, Variance for Garage - 1934 Edgewater Avenue Council was referred to a transparency of the Bohnen lot indicat- ing the location of the existing house and proposed garage, as well as existing houses and garages in the area. Miller noted that the Zoning ordinance permits the principle . structure to conform to the prevailing setback in the immediate vicinity, but does not speak to accessory structures; consequently, a 29,5' setback variance is requested for the new two-car garage to be sited in line with the house 10.5' from the Prior Ave. right- of-way. Miller reported that the Board of Appeals and Planning Commission recommend approval of the setback variance based upon hardships and conditions listed in their respective reports. After discussion, Hicks moved, seconded by McAllister, that Council approve the 29.5' sideyard setback variance (corner lot) aa re- quested, based on the following hardships and considerations: ~ 1. Conformance would drastically reduce utility of the applicant's rear yard. 2. Proposed garage location conforms to other atructures in the neighborhood. 3. Detrimental visual and utility impact is minimal. Motion carried unanimously (4-0). Case No. 82-8, Building Permit for Storage Building 1296 West County Road F, Midwestern Relay Company Council was referred to a transparency of the Midwestern Relay Company aite on County Road F., indicating the tower location, and the proposed 10' x 16' storage building location, within the fenced area under the tower. Miller explained that the Zoning Adminiatrator reasoned that the propoaed building doea not repreaent an expansion of the use or a aignificant change to the site so an application to amend the , existing Special Use Permit was not required; the application, con- sequently, is for approval of a building permit for the storage building. -3- Minutes of Regular Council Meeting May 10,1982) Miller reported that the exterior of the building will be painted the same color as the service building; building is to be used for storage of electrical and metal parts. Miller reported that the Planning Commission recommends approval of the Building Permit. Hicks moved seconded by McAllister that Council approve issuance of a Building Permit for the storage building. In discussion, con- cern was expressed relative to a bright light on the tower property which is very visible from the highway ramps on Hamline Ave. McAllister moved to amend the motion to re-direct the light or shield it so it is not visible from adjoining lots or streets, as approved by City Planner. Hicks accepted the amendment, and motion, as amended, carried unanimously (4-0). ~ Case No. 82-9, Variance and Building Permit for Addition to Harmony Sales Office/Warehouse BuildinR, 1212 Red Fox Road Miller explained that the existing building is sited about 15.5' from the west property line; current ordinance requirement is 20' for sideyard setback; therefore s second variance is needed to ex- tend the west wall of the building. Miller referred Council to a transparency of the site; noted that the proposed 5,000 sq. ft. addition will extend to within 16.7 feet of the south property line (3.3' variance from the required 20' rear setback). A transparency was shown of the east elevation of the proposed ex- pansion which will have two garage doors and a service door. Miller reported that the Planning Commission recommends approval of a Building Permit for a building addition, approving the vari- ance to extend the west wall of the building provided the plan is modified to not require the south setback variance. Miller reported that the Planning Commission did not find a hard- ship related to the land on which to base granting a south setback variance; felt the plan could be modified to conform to the 20' setback. Some membelli felt the variance should be granted since it has no major impact on the community or adjacent property own- ers and it is in the best interest of Arden Hills to encourage business development, especially in light of our current economic conditions. Miller reported that the Board of Appeals recommends approval of the variance and issuance of the Building Permit is requested. Miller reported that the Planning Commission recommends spproval of the exterior lighting and landscape plan as approved by the City Planner; noted that exterior building material is to match the existing bUilding. Applicant, Martin Harstad, presented colored photographs of the existing building and indicated where the addition would be in relation to the building to the south. Harstad said the stand of trees between the two buildings is on the Roberts property. Harstad presented .letters from area property owners stating they have no objection to the requested variance (Roberts Construction, Inc., International Paper Co., Resistance Technology Inc.). Harstad explained the expansion is needed for enlargement of the promotional area, additional shelving and an additional conveyor line; explained that the aisle widths proposed are required by the Fire Dept.; noted that the building addition cannot be reduced in size and still provide the space needed by the owner to solve his problem. Harstad reported thst the building owner anticipated this addition, when the original building was built and always thought the setback requirement was 15 feet. ~ In discussion, Miller noted that the building to the south appears to be at, or near, the maximum building coverage so will probably not be expanded, to encroach on the approximate 80+ feet between buildings. McAllister moved, seconded by Hicks, that Council approve the BUilding Permit and west 4.6' and south 3.3' setback variances as requested; contingent upon approval of landscaping plsn by the -4- , Minutes of Regular Council Meeting I. May 10, 1982 Planner and approval of exterior lighting by the City Planner and Engineer. Motion did not csrry (2-2). (McAllister and Hicks in favor, Woodburn and Johnson opposed.) Hicks moved, seconded by Johnson, that Council approve a Build- ing Permit for an addition to the Harmony Ssles'building which includes approval of the 4.6' variance to extend the west wall but does not approve the 3.3' setback vsriancQ from the south prop- erty line; Building Permit approval is subject to landscape plan and exterior lighting approval by the City Planner and Engineer. Motion carried unanimously (4-0). . Keith Harstsd said the building owner, Forbragd, says he cannot build the building without the 3.3'; asked Council to table its action until there is a five member Council. It wss explained to Harstad that he csn request Council to reconsider the motion at a later date, if he desires. REPORT OF VILLAGE TREASURER DONALD LAMB Resolution No. 82-30 Lamb referred Council to draft of Resolution No. 82-30; explained that its sdoption would make it possible for investment of City funds at brokerage firms in federal government investments without required collsteral, therefore making it possible for investment of City funds at higher interest rates. After discussion, McAllister moved, seconded by Hicks, that Council adopt Resolution No. 82-30, RESOLUTION DESIGNATING BROKERAGE FIRMS FOR INVESTMENT IN FEDERAL GOVERNMENT INSTRUMENTS. Motion carried unanimously (4-0). OTHER BUSINESS Approval of On-Sale Non-Intoxicating Malt Liquor License and Restaurant License - Pizza Hut, Arden Plaza McNiesh explained that approval of the licenses is requested now, prior to building remodeling to accommodate a Pizza Hut; reported that the Sheriff's office has completed the required investigation of the applicant; advised that an August opening is anticipated. In discussion, concern was expressed relative to whether there is adequate parking in the already crowded Arden Plaza lot during the day. Another concern was that "pizza pick-ups" may aggravate the problem of parking in front of the building. McNiesh reported that she has been advised thst the required "No Parking - Fire Lsne", signs will be instslled soon. Johnson moved, seconded by Hicks, that Council spprove the on-sale non-intoxicating malt liquor license and restaurant license for Pizza Hut in Arden Plaza. Motion carried unanimously (4-0). Richard Blankenship representing the applicant Wm.. Ferril, said their Pizza Huts have an average seating capacity of 80-90 people; does not know the exact seating capacity proposed at the Arden Plaza facility. . Approval of Refreshment Stand License, Sportsmen's Club - Tony Schmidt Park Hicks moved, seconded by Johnson, thst Council approve the license for the refreshment stsnd at Tony Schmidt Park, eflective May 15th. Motion carried unanimously (4-0). Resolution No. 82-31, Appointing Councilman to Fill Unexpired Council Term Council was referred to resume's of eight applicants for appoint- ment of Councilman to fill the unexpired term of Janet Hollenhorst until qualification of a successor to be elected at the Special Election on November 2, 1982. In response to a request for comments from the floor in support of a candidate, Jerome Ciresi asked Council'. support of his appoint- ment. -5- Minutes of Regular Council Meeting May 1(f, 1982.\ , After determining there were no other comments from the floor, Council listed the following as criteria it considered important for Councilman appointment: 1. Previous involvement with the Village affairs. 2. Length of residency in Arden Hills. 3. llreadth of interest. 4. Experience and knowledge of government financing. $. General ability 6. Time Commitment 7. Other Public Commitments 8. Geographic location 9. Willingness to run for office in November . It was noted that the list of candidates is excellent, and Council can hardly ugo wrongU in whomever it appoints. Hicks stated that, after considering the resume's and talking with those candidates he could reach by phone, he placed the following in his top category for appointment - Mulcahy, Ciresi and Rauenhorst, not necessarily in that order. McAllister said she would like to support Mulcahy because he was a candidate for Council in the last election and has served the City on both the Finance Committee and Planning Commission for several years. Johnson said he would also support Mulcahy's appoin tmen t. It was suggested that each Councilman rate the candidates in order of his choice - 6-4-2, giving the highest number to his 1st choice. The result was: Thomas Mulcahy 20 Jerome Ciresi 16 Kathleen Rauenhorst 12 Woodburn proposed the name of Thomas Mulcahy for appointment as Councilman. Johnson moved adoption of Resolution No. 82-31. APPOINTING COUNCIL- MAN TO FILL UNEXPIRED TERM UNTIL QUALIFICATION OF A SUCCESSOR TO llE ELECTED AT THE SPECIAL ELECTION ON NOVMEllER 2, 1982. Motion carried unanimously (4-0). Approval of Public Works Temporary Summer Maintenance Employee Council was referred to memo from Johansen ($-7-82) relative to employment of two summer employees McAllister moved, seconded by Hicks, that Council approve the hir- ing of Tim Thompson and Steve Zehm at $6.$0/hour as recommended in memo. Motion carried unanimously (4-0). REPORT OF CLERK ADMINISTRATOR CHARLOTTE MC NIESH Leave of Absence - Donna Hjortass and Approval of Temporary Office Employee. Florence Honan . Council was referred to McNiesh's memo of $-7-82. McAllister moved, seconded by Johnson, that Council approve a leave of absence for Donna Hjortaas from June $th to August 27th and the hiring of Florence Honan @ $$.$O/hour as a temporary office employee to take Donna's position while she is on leave. Motion carried unanimously (4-0). Claims and Payroll McNiesh requested approval of claim in the amount of $30,388.46 (MnDOT - Drainage Project) in addition to list of claims submitted; explained that the claim had been directed to the wrong address and received too late to be included in list. -6- .... . . Minutes of the Regular Council Meeting May la, 1982 . <I> Hicks moved, seconded and Payroll including $30,388.46 to MnDOT. by Johnson that Council approve the Claims the additional claim in the amount of Motion carried unanimously (4-0). Lexington Ave. Project McNiesh reported that Ramsey County has advised that the low bid- der is Shafer Contracting; cost of curb and gutter portion is higher than anticipated which increases Arden Hills cost by about $S,OOO ($18,000 to $23,000). Wingert Memorial McNiesh reported that Shirley Wingert has requested Council's sug- geations for use of memorial money. noted that one suggestion re- ceived is landscaping in area of Village Hall sign. Motorola Tower McNiesh reported that, Dan Vaughan has advised that Flash Tech- nology is obtaining bids for red lighting of the tower; should have the bids soon. Sidewalk Sale Request - Haueer's Super Value McNiesh referred Council to requeet from Hauser's Super Value for a permit to aell case lot merchandise from two trailers to be parked on the aouth aide of the parking lot on June 3rd, 4th and Sth from 8:00 e.m. to 10:00 p.m. After diacuasion, Hicks moved, seconded by Johnson that Council approve the "Sidewalk Sale<< permit for sale of merchandise from two trailers on June 3rd, 4th and Sth, subject to approval of C.G. Rein, and notification of the sale to other businesaes in the plaza eo they may join the sale if they desire to do so. Motion carried (Hicks, Johnson, Woodburn voting in favor of the motion; McAllister voting in opposition (3-1) COUNCIL LIAISON REPORTS Hicks referred Council to letter from the U.S. Dept. of Interior, Geological Survey, relative to a small scale aeismic refraction investigation adjacent to Snslling Ave., south of Highway 96, re- quested by E.P.A. It was noted that the U.S. Geological Survey holds the City harmless for costs and liabilities resulting from the investigation, which is to provide Subsurface information, relative buried bedrock valleys which may be present in the area. McAllister reported receipt of request from Land O'Lakes for use of Charles Perry Park building, ball fields and play structures for an all day picnic and a permit to serve beer. Council concurred that Parks Director lluckley can schedule the fields but City Code does not permit beer; there are no exceptions to this regulation. McAllister referred Council to McNiesh's memo re false burglar alarms inquiry from North Oaks. Council concurred that Arden Hills sees no real need for an ordi- nance relative to false burglar alarms et this time. Woodburn reported that he and Hicks met with residents relative to Cummings Park; reported the residents are very adamantly opposed to two ball fields proposed; even one regulation ball field to accommodate league play is opposed. Adjournment Hicks moved, seconded by McAlliste~ that the meeting adjourn at 12:20 a.m. Motion carried unanimously (4-0). ~lVl~ C arlotte McNiesh Clerk Administrator R~~ Robert L. Woodburn Mayor Notice of Meeting - The next regular Council Meeting will be on Monday, May 24th at 7:30 p.m. at the Village Hall. -7-