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HomeMy WebLinkAboutCC 09-30-1996 I I MINUTES CITY OF ARDEN HILLS, MINNESOTA ,. REGULAR CITY COUNCIL MEETING SEPTEMBER 30, 1996 6:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS I I CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular I City Council meeting at 6:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks, I Susan Keirn, and Paul Malone. Absent: None I Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; City Attorney, Jerry Filla; Community Development Director, Kevin Ringwald; Parks & I Recreation Director, Cindy Walsh; City Engineer, Greg Stonehouse; Public Works Superintendent, Dwayne Stafford; Administrative Secretary, Sheila Stowell; and Recording Secretary, Carla Wirth. .. ADOPT AGENDA I Due to the length of the agenda and large audience in attendance, Councilmember Malone I suggested the Council revise the order of the agenda. Mayor Probst indicated that, with the Council's indulgence, the order of the agenda would be revised. I MOTION: Malone moved and Aplikowski seconded a motion to adopt the agenda for the September 30, 1996, Regular City Council meeting as presented. The motion carried unanimously (5-0). I APPROVAL OF MINUTES I September 9, 1996, Regular Council Meeting I September 16, 1996, Council Worksession Meeting No corrections. I MOTION: Aplikowski moved and Keirn seconded a motion to approve the September 9, 1996, Regular Council Meeting minutes as presented and the September 16, 1996, .. Council Worksession Meeting minutes as presented. The motion carried unanimously (5-0). I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30.1996 2 " CONSENT CALENDAR I A. Claims and Payroll B. Election Judge Appointment - November 5, 1996 General Election I MOTION: Malone moved and Aplikowski seconded a motion to approve the Consent Calendar as presented and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). I PUBLIC COMMENTS I Mayor Probst invited the audience to address the Council on any issue not already on the agenda. There were no public comments. I UNFINISHED AND NEW BUSINESS I A. Proposed Highway 96 Reconstruction Design Elements Dwayne Stafford, Public Works Superintendent, advised that statThad recently held an .. informational meeting with residents of the Arden Manor Mobile Home Park to discuss the potential changes to Highway 96. He noted that approximately 20 individuals were present and most of the discussion revolved around how the property owner and homeowners would be I compensated in the event of relocation. Jim Tolaas, Ramsey County Highway Engineer, reviewed the primary elements involved with I the Highway 96 Project including the service road realignment. He displayed artists maps of the proposed project which incorporates an urban design with storm sewer, curb and gutter and I walkinglbicycle path. Mr. Tolaas advised that since development of the concept report, an EA W was prepared which includes an analysis of noise, drainage impacts, creation of storm ponds, and socioeconomic impacts. Mr. Tolaas stated another hearing will be held with impacted I residents to address those issues and an attempt made to mitigate them. With regard to the contamination issues, Mr. Tolaas explained the EA W identified that the I sediment of Round Lake is contaminated with heavy metals and PCB's including the southern portion of Highway 96 which is scheduled for improvement. Since the contaminants are bound and held by the soil, there is no environmental threat to wildlife or residents of this area. Thus, I there is no impending urgency to clean up that site. Mr. Tolaas further explained that realignment of the service road is proposed to relocate it farther away from the intersection. If the project proceeds with the original proposal, it will necessitate the removal and disposal of I contaminated materials in accordance with State Statutes. However, the costs and liabilities associated with such a clean-up puts it in such a realm that the project could be delayed for many .. years, especially since the Arsenal has no funding for this clean-up and it is not a priority project. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30.1996 , ~ f' Mr. Tolaas stated Ramsey County staff and City staff have discussed how to avoid the Round Lake basin, including the option of shifting the alignment to the north to avoid any physical construction within the Round Lake basin. However, this alternate plan would result in I eliminating 17 mobile homes in the Arden Manor Mobile Home Park. He explained he wants to discuss this impact and the Uniform Relocation Program which would be involved if that option is decided upon. At this time, Ramsey County is requesting input on whether it should proceed I with the original concept, alternative plan, or bring both proposals forward for further review and consideration. I Mayor Probst invited the audience to view the two maps which were on display. Mr. Tolaas reiterated that Ramsey County will not pursue the alternate plan unless the City and residents are I comfortable with it. Councilmember Malone inquired whether the current alignment "jogs" to the south and if it is I possible to adjust the proposed alignment straight past the Highway 10 intersection to "squeeze" the needed space from the middle. Mr. Tolaas explained the difficulty in avoiding all impact to the Round Lake basin and inability to make too sharp of an alignment shift due to the speed of I traflic on Highway 96. He explained the project will not take all of the home site area but enough of the lot area that it would no longer accommodate a mobile home, unless the homes are realigned. .. Councilmember Malone asked if the new proposed highway alignment would be a straight alignment to Highway 8, if approved. Mr. Tolaas advised there will be a subtle curve. I Councilmember Hicks asked how many homes could remain ifthey are realigned parallel to I Highway 96. Mr. Tolaas stated there is not a total loss of 17 home sites but ifrealigned, the homes would be very close to Highway 96 which could then raise a noise mitigation issue. I Mayor Probst noted the property to the east of the current park which could potentially be acquired and used for relocation. Mr. Tolaas stated there is an area to the east but he is not sure if it would be suitable. I Councilmember Aplikowski inquired regarding the median width. Mr. Tolaas reviewed the need to widen the median enough to accommodate turning movements. Mayor Probst pointed I out that five left turn movements need to be provided. Councilmember Aplikowski pointed out the entrance to the park would be changed and aligned I with the frontage road from Old Highway 10. She asked how close this is to the 1-35W exit. Mr. Tolaas advised it would be located halfway in between which will require a shift in the mobile I home park entrance as well. Councilmember Hicks asked if the cost to obtain suflicient right-of-way to the north would be .. borne by City. Mr. Tolaas clarified funding will be from County state aid gas tax (turnback funds). I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30.1996 4 ,. Councilmember Hicks asked if the contamination occurred over time because of the operation of the Arsenal. Mr. Tolaas answered affirmatively. Councilmember Hicks pointed out that the Arsenal has begun significant clean-up of other areas on its site and asked why they have not I taken action on the Round Lake basin. Mr. Tolaas clarified he is not saying the Arsenal is not willing to carry the cost but it has other areas within its site which are of a higher priority due to health issues. In the case with Round Lake, the contamination was fonnd in soil sediments so I there is no threat to wildlife. I Coul1cilmember Hicks asked if it is possible that the Arsenal would never have to fund the clean- up of this site as long as it remains undisturbed. Mr. Tolaas explained that from the Arsenal's perspective, that may be an option. Councilmember Hicks asked, if this is the case, would the I Arsenal be willing to participate financially to obtain the right-of-way needed for the upgrade of Highway 96. Mr. Tolaas stated he does not believe the Arsenal has any funding mechanism available within its current operations to cover such a cost I Councilmember Aplikowski stated her understanding that the homeowners to be displaced will be given an equitable housing unit within the city of their choice. She stated she is very I concerned about this project, but believes the final outcome for impacted residents will be equal or better than their current situation. Councilmember Aplikowski inquired regarding the outcome for the owner of the Arden Manor Mobile Home Park since it will have fewer lots. Mr. Ie Tolaas explained the County will look at the property in terms of income potential and the park will be professionally appraised. I Mayor Probst requested a review of the relocation policies. Mr. Tolaas advised it is a state policy and the intent is to find an equitable home site for all individuals who would be displaced. I In this situation, impacted individuals would be relocated back into the same mobile home park. Home owners are also given the option for a buy-out. If the homeowner wants to be placed into the same park, the age ofthe unit is considered and if the unit is too old to relocate, it is possible I to provide a supplement to the homeowner to cover the difference. Or, the resident could use the supplement as a cash buyout and apply the funds towards a new home or whatever they want to purchase. I Larry Neilson, representing the Arden Manor Mobile Home Park, explained they just found out about this project and urged the Council to consider other alternatives that may be available. He I stated this project will result in a large impact since it would relocate and displace a significant part of their business. Mr. Neilson asserted his client is being penalized due to what the Army has done in the past, which is now causing an alignment shift to the north which will impact their I business and its residents. He noted it would be very costly to condemn and take the Arden Manor Mobile Home Park land due to sewer and water improvement issues and suggested I alternatives be considered, such as a narrower boulevard. Mr. Neilson advised his client is willing to work with the City and can rearrange lot configuration but it appears the current proposal is to eliminate many lots and income which will be a significant impact. Mr. Neilson .. again urged the Council to consider other alternatives and not penalize his clients for activity of the Army. He noted the Army cooperatively worked with them in the past and paid for the Ardcn Manor Mobile Home Park to connect to City water so he believes they will be cooperative I ------- ------- I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 5 ,. with this project as well. Mr. Neilson reviewed that at a previous meeting, mention was made of the additional land for "trade-off' but this land is not available because it will be needed for the proj ect. I An unidentified resident stated he is not happy about being displaced, and asked if the soil in Arden Manor is also contaminated. Mr. Tolaas advised that an Arsenal representative was I contacted about soils north of Highway 96 and indicated that studies have identified no soil contamination. The Arsenal representative said the contamination is only to the water aquifer, not soils. I The unidentified resident stated he does not believe there is enough speed to warrant the need for I the proposed design which includes curbs. He asked why the proposed service road is necessary. Mr. Tolaas explained the need to relocate the frontage roadway and current connection farther away from the off-ramps. The resident asked if the need for relocation is being caused by the I service road. Mr. Tolaas answered affirmatively. The unidentified resident asked where the service road will connect at Old Highway 8 and ifthe I recently resurfaced bridge will also need to be relocated. Mr. T olaas explained that when this road is reconstructed, or soon thereafter, that bridge will be rebuilt. Ie The unidentified resident inquired who has the final decision. He explained he owns an older trailer which will not be right if relocated. Mr. Tolaas explained that Ramsey County has raised this issue at this time to get a "feel" for the desires of the community and Council. The resident I advised that everyone he has talked to does not support this project. I Dave Grinsteiner, 4572 Prior Court, stated his beliefthere are other alternatives besides relocation. I Ray Laden, 4564 Prior Court, inquired regarding the time line. Mr. Tolaas advised it is scheduled for 1998 so there are about two years to determine an acceptable relocation package. Mr. Laden estimated that most ofthe 17 impacted homes are older than 20 years. I Jean Hernandez, 1857 Todd Drive, asked about the bicycle path alignment. Mr. Tolaas responded that it will be a 10 foot wide bituminous path which is offset 10 feet from the curb and I will go from the regional park to Highway 61 in White Bear Lake. He informed that this trail received a federal funding grant and is staged over seven segments with construction as pfcart of this highway improvement. I Mr. Grinsteiner stated there are accidents every night at the intersection of Highways 10 and 96 I and he is concerned about bicycles crossing. Mr. Tolaas agreed with this concern. Rex Markle, 1859 Todd Drive, stated his concern about living on Highway 96 due to noise and .. the traffic pattern. He added he can "live" with being moved but is concerned about the noise and increase to traffic. Mr. Markle inquired regarding how traffic signals will be controlled, the long-term impact to Round Lake, and whether it will ever be accessible to the public. He noted I -------- I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 6 f' there is a lot of land on the south side which is not being used. Mayor Probst explained the access to the Lake will be driven in terms of clean-up which is not under the control of Arden Hills. He reviewed the past activity in trying to gain access to other segments of land and noted I that dollars being allocated by Congress for clean-up activities are declining greatly. Mayor Probst advised there are some indications the Arsenal will be looking for opportunities to I remediate some areas at a lower cost and may declare the Round Lake area to be alright as long as it is left undisturbed. I Mayor Probst advised the Council is interested in bringing development to the area south of Round Lake but issues with regard to access need to be addressed. He stated the frontage road is of interest to open that segment to development and resolve safety issues at the location of the I off-ramp. Mayor Probst explained another concern of the City is funding a percentage of the overall cost I for the reconstruction of Highway 96 and there is some urgency in the time line to make basic decisions so the State can encumber funds towards this project which will lessen the City's contribution. I Mr. Tolaas stated the County anticipates a 50% increase in traffic volume over the next 20 years, which has been factored into the design and this increase will occur with or without the proposed Ie roadway improvement. He advised the proposed project will create a noise level which exceeds the State standard of 65 decibels so this area has been identified for noise walls which would reduce the noise violation to within the standard. He explained this is another issue which would I be brought before the Council and community; to determine if noise walls are acceptable. On safety, no signalization is being proposed at the entrance of the mobile home park. Signals I would be timed to provide a somewhat better opportunity to leave the park and a left turn lane would be provided. Right turns would be provided for in a right turn lane so all turning movements would be protected. With regard to bicyclers, there is a lot of traffic in this area so I Ramsey County supports a separated bicycle pathway area. Mayor Probst inquired regarding action to be taken this evening. Mr. Tolaas explained Ramsey I County is not asking the Council to select a preferred alternative but to determine whether this is suitable to pursue. If it is the preferred alternative, then Ramsey County can pursue it in earnest and drop the original concept. If it is important to keep the original concept open, then Ramsey I County will continue to pursue both concepts. If the community believes the second option is totally unacceptable, then it will be dropped and the original concept pursued. I Councilmember Hicks asked what Ramsey County will do if it is not a viable alternative to displace homes and then a large contamination is found. Mr. Tolaas advised that Ramsey I County knows the contamination of the Round Lake basin exists and before the project can proceed, it needs to have a removal and disposal plan in place. .. Councilmember Hicks asked what would happen if more contamination is found during construction. Mr. Tolaas advised the Army has done extensive testing and does not believe soils are contaminated, in any way, north of Highway 96 along the construction corridor. I - ------ I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 7 " Councilmember Malone asked if another alternative is to eliminate the service road to the south and asked if removed, could Highway 96 be built within the existing alignment. Mr. Tolaas stated it could, but this would not resolve the conflict at the Old Highway #10 intersection or the I path/trail. Mr. Tolaas commented on the problem with access interference too close to the intersection and I that to improve it in any way, it is important to clean up that intersection. He advised Ramsey County did look at a cul-de-sac and providing access to Highway 10 to the south but, due to high I speeds and traffic levels, it is not an acceptable option. Councilmember Hicks concurred with the need to improve this segment of Highway 96 but I noted this corridor does not go very far west and the only logic would be if it connected to 1- 35W. He asked about an alternative ofterminating the Highway 96 improvement at Highway 10 and do only what is necessary to improve the current alignment in that short stretch between I- I 35W and Highway 10 to handle local traffic. Mr. Tolaas responded that this creates an operational problem, particularly if the Arsenal site is developed. Councilmember Hicks stated maybe the improvement could be continued in the future if TCAAP improves, and perhaps then I funding for clean-up will be available. Mr. Tolaas advised this segment was turned back to Ramsey County and there is a timeline to .. complete improvements (10 year window) to be able to access State Aid funds. Council member Aplikowski inquired whether a 10 foot bicycle path is needed if it results in the I need to displace people. She suggested consideration of a minimum median, just to meet standards, and expressed concern about having no signal at the entrance of the mobile home park I due to safety issues. Councilmember Aplikowski stated she does not believe the Round Lake basin will be cleaned up during her lifetime. She added that displacing residents is a critical issue but they may come out ahead, and the Arden Manor Mobile Home Park could realign lots I and make it work as a long-range plan. Councilmember Aplikowski stated this is a tough decision to make and she does not want to "snafu" the Highway 96 improvement but agrees with Councilmember Hicks about the need to re-look at what the City is asking residents to sacrifice. I She stated she understands concern about the current Old Highway 10 intersection, but does not believe it is unworkable. I Mayor Probst stated a lot of anxiety results from not understanding individual outcomes in the event relocation is needed and asked when MN/DOT will discuss settlements with individual residents so they have some comfort about that option. Mr. Tolaas indicated Ramsey County can I sit down with them right away to inform of procedure and rights, and can sit down with representatives of the State office to get a better idea about the magnitude of this program with mobile home owners. I Mayor Probst stated he has worked with MN/DOT previously and found they are very fair and .. willing to work to reach an agreement and if not, the property owner has the option of the court system to resolve issues. He urged Ramsey County to meet with impacted residents as soon as possible and stated he believes the alternative plan which needs to be considered when looking at I - I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 8 ,. how to improve Highway 96. Mayor Probst noted this is the City's "one-shot" to improve this segment of roadway which the City needs to receive in the best condition as possible. He pointed out that part of the problem with the I-35W improvement is property acquisition and I commented on the importance of making the correct decision based on the long-range plan and betterment of the entire community. Mayor Probst stated the Council needs more details to be able to make that determination. I Mr. Tolaas stated it appears the alternate plan has strong issues on both sides and should be I addressed in the environmental study. He advised that Ramsey County will carry both alternatives forward for further considcration. I Councilmember Aplikowski asked if construction plans can be revised to eliminate the relocation aspect. Mr. Tolaas advised there is not enough area to avoid displacement I Wendy Kolb, 1851 Todd Drive, stated her belief that the added noise or sound barriers will take away from her lot. I Mayor Probst pointed out that traffic will increase whether the roadway is improved or not and noise will be an issue. .. Cowlcilmember Aplikowski advised she owns two mobile home parks in New Brighton and has had to struggled with these same issues. She stated she understands the difficulty in being displaced but believes the end result will be a nicer and more liveable community. I Councilmember Aplikowski stated homeowners will be handled carefully and this may be an opportunity to end up with something better. She stated she supports a "win-win" situation and I urged residents to look at this as a new opportunity. Mayor Probst stated Ramsey County will continue to carry this option as a possibility. The I EA W will be available later this week and a decision will not be made without more input from resi dents. I Mr. Neilson requested Ramsey County consider an alternative to eliminating the bicycle path and narrow medians. Mayor Probst stated the Council will continue to consider all alternatives identified by Ramsey County and will discuss the trail and frontage road. He asked residents to I keep in mind the broader issues as they relate to them, their children, and the greater community as well. Mayor Probst agreed that this is a difficult segment of roadway and his interest is to make sure it is done as well as possible and to lessen impacts as much as possible. I Councilmember Malone inquircd regarding the next check-point. Mr. Tolaas advised ofthe final design process on this segment (once the 1997 construction program is defined) and their intent I to further look at the type of compensation available to impacted residents. ,. It was noted there may be two residents who did not receive a copy of the relocation manual. Mr. Tolaas stated he will provide those copies and schedule meetings with residents to discuss the relocation program and how value will be determined. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 9 f' Mayor Probst declared a short recess at 7:43 p.m. The meeting was reconvened at 7:46 p.m. In consideration of those present in the audience, the Council agreed to revise the agenda to next I consider Agenda Items I, J, and K, followed by consideration of Agenda Items D, E, F, B, C, G, H, and L. I I. Planning Case #96-14, Bernard Brouillette, 3320 Lake .Johanna Boulevard, Variance I Mr. Ringwald reported that the applicant is requesting approval offront and side yard setback variances to allow for the construction of a 24 foot by 30 foot detached garage. The front yard I setback is proposed to be 20 feet while 40 feet is required and the side yard is proposed to be five feet while ten feet is required. I The Planning Commission is recommending approval of the front yard setback variance, but is recommending denial of the side yard variance. Mr. Ringwald stated that since the time of the I Staff report, the applicant has agreed to shift the garage to accommodate the ten foot side yard setback. .. MOTION: Malone moved and Aplikowski seconded a motion to approve Planning Case #96- 14, Vernard Brouillette, 3320 Lake Johanna Boulevard, Variance, 20 foot front yard variance (detached garage) based on the seven rationale outlined by the I Planning Commission and maintaining a side yard setback of 10 feet as required by City Code. The motion carried unanimously (5-0). I J. Planning Case #96-15, Thomas & Jean Fabel, 1550 Edgewater Avenue, Variance I Mr. Ringwald reported that the applicant is requesting approval offront and side yard setback variances to facilitate the remodeling of a single tuck-under garage into a two-car tuck-under garage. The remodeled two-car tuck-under garage would extend 2.1 feet into the required 40 I foot front yard setback and 7.0 feet into the required ten foot side yard setback. He noted a letter which had been received from George and Elizabeth Morse, 1540 Edgewater Avenue, in favor of the proposal. I Mr. Ringwald stated that the Planning Commission is recommending approval of the 7.0 foot side yard and 2.1 foot front yard setback variances. I MOTION: Malone moved and Aplikowski seconded a motion to approve Planning Case #96- 15, Thomas & Jean Fabel, 1550 Edgewater Avenue, Variance, 7.0 foot side yard I variance (east) and Variance 2.1 foot front yard (north) to allow for the remodeling of a single tuck-under garage into a two-car tuck-nnder garage based f' on the rationale outlined by the Planning Commission. The motion carried unanimously (5-0). I I :- ARDEN HILLS CITY COUNCIL - SEPTEMBER 30.1996 10 K. Planning Case #96-16, Virgil Vinz, 1268 Amble Road, Preliminary Minor Subdivision I Mr. Ringwald stated Staffs review of this request indicates it appears to comply with the applicable requirements of the City Code. However, Staff has a minor concern over creating unusually configured parcels of property. Given the size of the parcel (40,342 square feet) Staff I anticipates future requests to split off the rear portion of this property for the construction of additional housing. Mr. Ringwald noted that the apparent lack of access and reduced size of those potential lots in relationship to the adjacent neighborhood are issues which will require I closer evaluation at that time. Mr. Ringwald advised of discussion held by the Planning Commission and its recommendation I for approval of Planning Case #96-16, Preliminary Minor Subdivision, subject to the provision of the necessary drainage and utility easements. I MOTION: Malone moved and Aplikowski seconded a motion to approve Planning Case #96- 16, Virgil Vinz, 1268 Amble Road, Preliminary Minor Subdivision, subject to the I provision of the necessary drainage and utility easements. The motion carried unanimously (5-0). .. D. Trail Improvement Project - Pay Estimate #1 Greg Stonehouse, City Engineer, requested Council authorization for Pay Estimate #1 to Thor I Construction Company, Inc. in the amount of $31,704.94. He reported progress is satisfactory with Class 5 placed tomorrow and paving to begin by the end of the week. I MOTION: Hicks moved and Malone seconded a motion to authorize Pay Estimate # I to Thor Construction Company, Inc. in the amount of$31,704.94. The motion carried I unanimously (5-0). E. 1997 Street Improvements - Pay Estimate #2 I Mr. Stonehouse advised the Council to authorize Pay Estimate #2 to T.A. Schifsky & Sons in the amount of $178,853.93 for 1997 Street Improvements. He reported the total amount for I construction completed this period is $198,726.66 of the total contract amount of $379,973.43. Mr. Stonehouse recommended the City retain 10% of this amount, or $19,872.66. I Mr. Stonehouse advised the work remaining includes the final lift of pavement, boulevard restoration, and minor punch list items. Dwayne Stafford, Public Works Superintendent, stated that, while he is impressed with the work, he would support speeding up the process. I MOTION: Keirn moved and Aplikowski seconded a motion to authorize Pay Estimate #2 to . T.A. Schifsky & Sons in the amount of$178,853.93. The motion carried unanimously (5-0). -. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 II t' F. Resolution #96-55 - Ordering a Preliminary Report in the Matter ofthe Street Improvement Project of 1997 I Mr. Fritsinger advised staff was directed to look at a revised street program and has worked with the City Engineer to develop a fIve-year program and put together basic street areas which staff I proposes for development over the next five years. The Council is asked to adopt the proposed resolution which orders a Preliminary Report in the matter of the Street Improvement Project of 1997 and will allow the City Engineer to begin preparation for the 1997 street program. I Councilmember Malone reviewcd the streets scheduled for overlay and indicated this is a sensible plan. I MOTION: Malone moved and Hicks seconded a motion to approve Resolution #96-55, Ordering a Preliminary Report in the Matter of the Street Improvement Project of I 1997. The motion carried unanimously (5-0). B. Resolution #96-47 - Approving Participation in Financing, Construction and I Operation of a Four-Sheet Ice Facility, Appropriating Money with Respect Thereto, and Authorizing Execution of Docnments in Connection Therewith. Ie Mr. Fritsinger advised the Council is asked to adopt the proposed resolution which approves participation in the financing, construction and operation of a four-sheet ice facility, appropriates I money with respect thereto, and authorizes execution of documents in connection therewith. Adoption ofthis resolution will authorize participation in the Quad Ice Arena project. I Mr. Fritsinger advised that New Brighton, Shoreview, and Mounds View have all unanimously adopted similar resolutions. However, Brooklyn Park has declined to participate and the Minnesota Amateur Sports Commission (MASC) continues to investigate various parties whom I may be interested in participating in the fourth sheet of ice. Mr. Fritsinger advised this project would be constructed by MASC and managed by the National Sports Center (NSC) management. Initial capital costs would be financed by a $500,000 down payment by each I participating community and a $500,000 Mighty Ducks Grant. In participating in the project, Arden Hills, New Brighton, Shoreview, and Mounds View are being asked to guarantee 2,080 hours per year at $125 per hour for a term of25 years. I Mr. Fritsinger reviewed discussions which have occurred at different levels between the four communities involvcd and stated that Arden Hills is the last community to take action; the other I three communities all having unanimously approved participation in the project. He explaincd how this project evolved over the course oftime and that the key issue for city managers is to I reduce or eliminate liability for the cities. It was noted that the hockey associations approached Ramsey County to participate in this tI project by making the $500,000 down payment so the hockey association's $500,000 could be escrowed to meet any shortfalls, should they occur. Also, Ramsey County has stipulated the guarantee of an additional 1,000 hours with the Ramsey County rink system. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 12 it Mr. Fritsinger reviewed the draft master agreement between cities which lays provides basic guidelines for operation of four sheets of ice, financial guarantee, establishes the board of I directors and how they would operate. He advised the supplemental agreement is between the four cities and two hockey associations to outline ice rental requirements and establish escrow funds. Mr. Fritsinger noted the financial agreement which is based on the population of each city I (15.5% for Arden Hills). Mr. Fritsinger then reviewed the agreement which is between Ramsey County and the City and relates to requiring cities to guarantee 1,000 hours and other issues of operation of the facility. I Mr. Fritsinger noted this issue has been a discussion item for most of the summer and he has tried to approach it from the avenue of how best to minimize the City's risk. He then read the I specific conditions of approval indicated in the proposed Resolution and advised the MASC and hockey associations request for approval of Resolution #96-47. I Mayor Probst asked if the approval by the other three cities included a sunset provision. Mr. Fritsinger stated to his knowledge, it did not. Mayor Probst asked if a participant for the fourth sheet has been determined. Mr. Fritsinger advised the MASC has indicated they will not I continue the project with three sheets, and they are pursuing the fourth sheet with other agencies. It was noted the Mighty Ducks grant application must be submitted by Friday of this week or be deferred for one year. Ie COlmcilmember Aplikowski inquired regarding the indication that Ramsey County gets to name I one arena or decide colors and asked how this will be done. Mr. Fritsinger explained this particular issue has not been resolved and, in this case, MASC allowed Ramsey County to identify tllose things and Ramsey County has indicated it will work with participating I communities. Councilmember Malone commented it is difficult to follow these documents and noted that I Spring Lake Park and Forest Lake, as well as Brooklyn Park, are no longer part of this agreement. He reviewed the method of down payment from participating entities and asked if the Master Agreement will be amended to include Ramsey County. Mr. Fritsinger stated it will I not and explained that when Ramsey County drafted that agreement, they were intending to have it as a supplement to tlle master agreement. I Councilmember Malone inquired regarding membership on the board by Ramsey County. Mr. Fritsinger indicated this is correct but there have been discussions about the potential to expand the board to include two more members. Councilmember Malone stated his concern about the I number of "loose ends" this close to the end of the process. He stated he remains concerned about the financial burden to tax payers. Councilmember Malone stated he would have a very I hard time supporting this proposal. Councilmember Hicks read the title of the proposed resolution and asked ifthe City would be f' involved in the direct construction and day-to-day operation of the project. Mr. Fritsinger explained the title was changed because in Arden Hill's case due to the consortium, the City is not directly involved in the same issues as Blaine and Coon Rapids would be. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 13 t' Tom Mulcahy, 3530 Siems Court, stated he is a member of the Arden Hills Finance Committee, which unanimously passed a resolution stating concerns with respect to this proposal and I recommend that no action be taken to obligate the City. He expressed several concerns about a liability on park funds for 25 years should a shortfall occur and his belief the long-term financial viability is questionable because bond holders insist on full-face credit of the cities and not to I rely on revenues to be generated by the project. Mr. Mulcahy stated he personally would prefer revenue bonds to be used and believes the I $500,000 contribution by Ramsey County is enough local support. He stated he thinks this project is out of line with the number of participants and is concerned about the ability of Arden Hills to get their "fair share" since it is the smallest player in the consortium. Mr. Mulcahy stated I he did not see the master agreement so he is unable to determine if the City's interests are properly protected or whether the arena would be efficiently managed out of the City's controL He stated he believes incentives to operate efficiently are lacking when the public guarantees I expenses will be met. With regard to the escrow, Mr. Mulcahy noted the hockey associations do not have the $500,000 I to place in an escrow fund at this time and pointed out that $500,000 would not cover two year's default of ice time commitment. He recommended the Council withhold approval or Ie commitment to the project. Mike Kreidler, Mounds View Youth Hockey Association President and resident of Arden Hills, I reviewed his ten year involvement with the hockey association and pointed out that youth hockey players are unique because they must rent the indoor facilities they use while local communities provide facilities for other sports such as baseball, basketball, football and soccer. He noted this I proposal does not ask for any money up front and hockey participants are willing to pay their way. I Mr. Kreidler advised that Ramsey County is willing to commit $500,000 for the initial payment and the hockey associations are willing to put $500,000 in escrow and have talked with the local bank to fulfil that obligation. He explained that if the hockey associations are unable to use the I entire 2,080 hours per year, the cities would be asked to make up the difference but the escrow fund would be used to cover any shortfall. Mr. Kreidler agreed with the statement by Mr. Mulcahy that if the hockey associations did not use a single hour of ice, the shortfall would I deplete the escrow account within two years, but that is not realistic. He explained if the hockey associations are 200 hours short, it would result in a shortfall of $25,000 which would be split I between the four municipalities. Mr. Kreidler stated since it is a condition of the resolution, the hockey associations will raise the I full $500,000 escrow fund. He reviewed the number of ice hours purchased and assured the Council that if more prime time hours were available, they would be purchased because hockey participants do not mind paying for that additional ice time. Mr. Kreidler then commented on the .- impact of girls hockey, expected growth, and demand for additional ice time since the Legislature has mandated that girls teams be given ice hours. He stated based upon his experience with the youth hockey associations, he is convinced they will be able to use the 2,080 I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 14 , hours of ice time. With regard to the concern about paying $125 per hour of ice time, Mr. Kreidler reported that Breck Hockey Arena (an older arena) put its ice hours out for bid to the I highest bidder and it was purchased at $175 per hour. Mr. Claude Braxton, stated he is a CPA, lives in Shoreview, and is a volnnteer for the Mounds I View Youth Hockey Association. He reviewed that the Irondale and Mounds View Youth Hockey Associations have agreed to fund the escrow account which will be held by the City as part of the master agreement. These funds would be used to fund the annual deficit should ice I rentals be less than 2,080 hours. Also, the hockey associations will agree to rent 1,000 hours of ice time from the Ramsey County system. Mr. Braxton then reviewed a letter he had submitted to the Shoreview City Council explaining the economics of the agreement and protection the I City will have from the hockey associations' escrow fund. Mr. Braxton stated the hockey associations will guarantee 1,800 hours and believes the other I hours up to 2,080 will be used by NSC who expect to rent all ice hours. He reported they currently have $300,000 between the two hockey associations but cannot put all of it into the escrow fund immediately because of capital needs, such as purchasing ice. However, they can I put in $250,000 and fund the remaining $250,000. Mr. Braxton commented on various ways the money could be raised including $25,000 per year from fund raising, surcharge for winter ice Ie ($15,000 each year if $10 surcharge), additional fee to players from non-participating cities ($50/year or $5,000), corporate sponsors and Light Brigade, and charitable gambling donations. He stated he believes the escrow fund will be fully funded within three to five years. Mr. I Braxton stated he believes this proposal is a very good investment with little or no risk to the City. I Mr. Kreidler pointed out that Brooklyn Park could have participated in this program for $500,000 but chose to build its own rink for $3 million. I Councilmember Keirn asked if other cities have agreed to funding the escrow in three to five years. Mr. Fritsinger pointed out the master agreement indicates it is to be funded in full. Councilmember Keirn inquired regarding the rate of investment. Mr. Post responded that the I city is currently receiving an approximate 6% return on investments. Councilmember Keirn asked if the board of directors has been established with one member from I each city. Mr. Fritsinger explained the one member from each city is on a rotating basis so each year, one city would take a turn. However, the cities are trying to change the master agreement I to include two city representatives. Councilmember Aplikowski inquired regarding the City's use of ice hours. Cindy Walsh, Parks I & Recreation Director, explained the City does not currently purchase indoor ice hours, and only uses outdoor ice. She explained staff has not formally proposed programs, but it is certainly a possibility. Mr. Fritsinger explained the intention is that the City would have first opportunity to t' purchase a portion of the remaining ice time for use in community programming and if not used by the City, then the ice hours would be offered back to the youth association. I ------- I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 15 t' Mayor Probst asked if the guarantee of 2,080 hours includes all hours taken by the hockey association, City, and sports center to other parties. Mr. Pritsinger explained there is still some I work to be done in the master agreement on how that will work and the concern of the city managers is the need to assure that hours purchased by a new user are spread evenly among all four rinks. It was noted that if Arden Hill's Youth Hockey Association or high school requests I ice, then those hours will be allotted to Arden Hill's rink. Jerry Pilla, City Attorney, clarified the Council is being asked to approve a concept with the I understanding that all final documents will come back for formal approval. So, the entire package will be presented again prior to the Council signing-off. I Mayor Probst asked if the agreements address the scenario if the facility is as successful as being suggested that profits would be returned to the participants. Mr. Pritsinger explained this is not initially the case but discussions have been held to set aside profits for use towards additional I improvements or to be returned to cities on a prorata basis. Councilmember Aplikowski asked why Brooklyn Park decided to decline. Mr. Pritsinger I advised their city manager indicated the Council decided to construct its own rink because of a convenience factor and because a number of their users did not want to drive to Blaine. Therefore, Brooklyn Park believed it would be more appropriate to add a second sheet to its .. current sheet. A second issue related to financing, the ability to rent ice at a rate to meet debt service, and that the Brooklyn Park Council did not feel it was appropriate to become involve I with a facility located in Blaine. Mayor Probst stated this has not been an easy issue to determine but in conversations over the I past several months his questions have been satisfactorily answered. He stated he wanted to see a demonstration of need for such an ice facility and from what has been indicated, he believes there is need for additional ice and economy of scale available in the proposal for four sheets. I Mayor Probst noted that residents in Ramsey County are fortunate that cities have not had to operate hockey facilities but it seems clear from recent actions that Ramsey County is not able to continue expansion of its operation to meet projected needs. This became evident when Ramsey I County approved support of $1 million for the St. Paul arena and $500,000 to this project. Mayor Probst noted that this proposal affords the City access to ice for its youth which the City cannot afford to do on its own. He pointed out that the City supports other sport activities and I provides facilities for fields, but other than providing outdoor ice, the City is not in a position to do much else. I Mayor Probst noted that the City does not want to own or operate such a facility on its own and this proposal allows the opportunity to provide a facility to meet that need. He agreed there is I financial risk but believes there is reasonable protection with the escrow account as proposed so he will support the resolution. " Councilmember Keirn stated she agrees with Mayor Probst's comments. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 16 t' MOTION: Keirn moved and Hicks seconded a motion to approve Resolution #96-47, Approving Participation in Financing, Construction and Operation of a Four- I Sheet Ice Facility, Appropriating Money with Respect Thereto, and Authorizing Execution of Documents in Connection Therewith. I Councilmember Aplikowski stated she was the first one on the Council to support this proposal but all of the telephone calls from residents have pleaded with her to not support the project. She commented that this is a very difficult decision. I Councilmember Malone stated the tax liability for 25 years is a concern and that the City would have to guarantee the liability beyond the escrow account as well as the overall finances. He I stated he believes the hockey associations have presented the most favorable financial situation, but he remains concerned about a 25 year liability. He suggested that if this project is that financially secure, a private source would guarantee the financing. I Councilmember Hicks pointed out a major obstacle may be coming up with the $500,000 to establish the escrow so a number of "stops" remain that could "pull the plug on the project". I Councilmember Aplikowski noted the hockey associations have the assurance of a banker to cover the escrow account. Mr. Kreidler stated it was his understanding that the escrow account is Ie not required in full until the rink is ready to open, which will be two years. Mayor Probst clarified that the matter before the Council is consideration of the concept because I the final agreements have not yet been completed. He indicated he is willing to support it since there are fairly onerous conditions that need to be met by other parties in the agreement but if I those conditions can be put together, he believes it is a reasonable project. The motion carried (4-1 Malone). I c. Resolution #96-56 - Authorizing an Application to the Mighty Ducks Capital Bonding Fund I Mr. Fritsinger advised the MASC is asking the Council to adopt the proposed resolution which authorizes an application to the Mighty Ducks Capital Bonding Fund. If adopted, MASC has I requested Arden Hills to act as the vehicle for this grant application and submit it on behalf of the Quad Arena. This request is being made because MASC cannot request funds from itself I MOTION: Hicks moved and Aplikowski seconded a motion to approve Resolution #96-56, Authorizing an Application to the Mighty Ducks Capital Bonding Fund. The I motion carried unanimously (5-0). .. I -------- I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 17 ,. G. Planning Case #96-18, Lake Johanna Fire Department, 3246 New Brighton Road, Variances and SUP Amendment I Mr. Ringwald advised that the Lake Johanna Volunteer Fire Department is requesting an after- the-fact Special Use Permit (SUP) amendment to allow for a 20 space parking lot to the rear of I the existing Lake Johanna Fire Department (LJFD) building. The applicant is also requesting variances from the required driveway width and the minimum parking lot setback requirement from adjacent residential uses. He explained the zoning ordinmlce states that all structures and I hard surface areas (parking lots) of non-residential uses in residential districts shall be no closer than 75 feet to the adjacent residential lot. The applicant's parking lot is within three feet of a residential lot (north) and nine feet of a residential lot (east). I The Planning Commission is recommending denial ofthe variances and the amendment to the Special Use Permit. I Mr. Ringwald explained staff met with the applicant subsequent to the Planning Commission meeting to determine options to minimize the impact and the applicant has modified its request I to add some parking spots and remove others at the northwest and eastern sides to provide more setback area. Ie Councilmember Malone stated that in looking over the situation, it seems the compromise the Fire Department is offering is appropriate and provides setback for the property as well as I additional setback for the property to the north. He agreed the original variance request was excessive but stated he believes this revision is acceptable and minimizes the impact to neighboring properties so he is willing to support the modified plan. I Nina McGuire, 1850 Beckman A venue, showed photographs of the 40 foot setback and of the parking lot as viewed from New Brighton Road. She explained that when she appeared before I the Planning Commission, which unanimously recommended denial, they asked her for further thought about this request. During the past month she has walked the property and, on that basis, stated she would like to present an alternative. I Ms. McGuire explained she purchased the land for the potential of development after she reviewed the situation with City staff. She presented her alternative by stating her interest in a 20 I foot wide strip of land from New Brighton Road to her property and suggested a land trade for some of her land which would allow the Fire Department to meet Code setbacks. I Ms. McGuire stated she believes the proposed 40 foot setback is too narrow when Code requires 75 feet and asserted her proposal will help both of her and the Fire Department to achieve what I they want; additional parking for the Fire Department and developable land for her. Councilmember Hicks inquired regarding the impact to the Fire Department's existing driveway .. which has been paved. Ms. McGuire stated she cannot respond to this but the worst case scenario is that the Fire Department would have to cut a new driveway and the best case is that they could work with each other. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 18 f' Roger Jensen, Attorney for Lake Johanna Fire Department, apologized to the Council for having to request approval of an after-the-fact SUP. He explained they did not intentionally construct I the parking lot and driveway without securing permits in an attempt to avoid securing those permits. Mr. Jensen eXplained the Fire Department entered into a contract with a reputable engineering firm and contractor and asswned those permits and applications would be made and I approved. The Fire Department believed everything had been properly taken care of when construction occurred. I Mr. Jensen stated the Fire Department took the comments of the Planning Commission and staff to heart and made significant changes. He advised they are willing to reconstruct the parking lot, and bulldoze and recurb a portion. He commented on the importance of providing parking I spaces needed for periodic training which occurs at this facility. Mr. Jensen noted the changes made improved the parking area with blacktop, provided for water runoff into the pond, and improved the quality of water runoff. I Mr. Jensen advised they would like to preserve the three mature trees which are located to the south of the driveway and to do that, the width can only be 21 feet wide at the upper portion of I the driveway. If the driveway is moved to the south, then it will necessitate removal of the mature trees which currently provide screening of the building and makes it a more pleasing .. aesthetical environment. He clarified there is no necessity for additional width of the upper portion of the driveway and they are willing to widen the lower portion of driveway to 24 feet to accommodate safety concerns of Staff, which the Fire Department also shares. I Mr. Jensen presented written approval from the adjoining property owner consenting to the proposed variance changes and explained their revised request is for a side yard setback variance I from a 4 foot setback to a 6 foot setback which will make it less viewable from the house to the north. Also, they will add several blue spruce trees to further screen the north yard and to the east will install a complete border of blue spruce to completely screen Ms. McGuire's property I which would have a 40 foot setback. Mr. Jensen stated he believes these are reasonable requests. Mr. Jensen noted that Ms. McGuire's house is located over 500 feet from the parking lot area so I there is very little visual impact. He stated the issue is not onc of adverse impact to property but Ms. McGuire's attempt to leverage her consent to be able to develop and gain access to the rear undevelopable lot so it can be developed. Mr. Jensen advised that the Fire Department does not I believe it would be appropriate to grant an easement through a narrow strip of land. Also, Ms. McGuire's proposal would make parking more remote from the Fire Department than the current I proposal. He stated it appears Ms. McGuire's concern is more of a development concern rather than a concern about impact to her property. I Mr. Jensen stated the Fire Department has obtained consent from all property owners within 350 feet of the upper variance request, except for Ms. McGuire. The Fire Department did not pose this request to property owners on the lower parking lot. Mr. Jensen requested favorable tI consideration to this request for variances and again extended an apology for the Fire Department presumptively constructing the parking lot and driveway without prior approval. I I I ARDEN HILLS CITY COUNCIL. SEPTEMBER 30. 1996 19 t' Tim Boehlke, Station 1 District Fire Chief, apologized for problems resulting from the construction of the parking lot and driveway. He reviewed that the Fire Department set out, I several years ago, to secure contractors who could handle this project but, unfortunately, it did not turn out that way. Mr. Boehlke stated he believes the alternate plan is a good compromise and requested the Council's approval. He stated the Fire Department is willing to do what it I needs to do to keep all parties on "good graces". Marilyn Matthews, 3432 Lake Johanna Boulevard, took exception to the comment made by Mr. I Jensen that the Fire Department received approval from every property within 350 feet because she was approached to sign the petition for the upper parking lot variance but declined to do so. I Kathryn Johnson, 3248 New Brighton Road, stated the parking lot most directly affects her property and she believes the work done is an improvement because it defines the parking area and number of cars it can hold. She stated she has always gotten along with the Fire Department I and requested the Council's support of the resolution. Mayor Probst stated when he was first informed ofthis situation, his first reaction was of anger I because nothing associated with this project was done correctly. He pointed out the engineering firm has an understanding ofthe Zoning Ordinance and should have known the project, as Ie proposed, did not fit. Mayor Probst commented on the long.standing relationship between the City and Fire Department and that he expected some discussion of the project with staff. He noted that the nearby church parking lot is empty except for four hours per week and this would I have been an ideal opportunity for shared parking. Mayor Probst stated he is prepared to be convinced that the alternate proposal is appropriate but would like to know whether the Planning Commission should review the new proposal. I Mr. Ringwald pointed out that from a timing aspect, the construction season is coming to an end and any delay would put reconstruction into next year. With regard to State Statute limitation for I consideration, Mayor Probst asked if a delay will forfeit the Council's ability to make consideration. Mr. Ringwald advised that consideration could be delayed to December and longer, if necessary, with the applicant's approval. Mayor Probst stated this proposal needs I careful thought and he would be interested in receiving the Planning Commission's recommendation on the proposed modifications. I Councilmember Aplikowski asked if the proposal from Ms. McGuire is not acceptable to the Fire Department. Mr. Jensen stated it is not acceptable and also may not be acceptable for the I Council to consider development of a "flag lot" via such a narrow easement. Councilmember Malone noted the Planning Commission indicated it was not possible to leave I the site as it currently is so the Fire Department then revised their proposal and made reasonable accommodation. He stated he would like to remove the encroachment to the neighboring property as soon as possible and believes the Fire Department responded to concerns expressed .. by the Planning Commission. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 20 t' Councilmember Aplikowski asked Ms. McGuire if she agrees with this compromise. Ms. McGuire stated she is not "okay" with it, which is why she invested energy in looking for I alternatives, and not a self-serving alternative. Councilmember Keirn pointed out this is the only Fire Station in Arden Hills and parking is I needed for training. She commented on the importance of accommodating the needs of the Fire Department to protect the City. I Mayor Probst stated he cannot support the proposal to trade land because this is the only location the Fire Department has and, over time, that there may be other needs that surface at this location. Therefore, it is important to retain what property is available. I COlmcilmember Hicks stated he believes the response of the Fire Department addresses the Planning Commission's concerns. I MOTrON: Hicks moved and Malone seconded a motion to approve Planning Case #86-18, Lake Johanna Fire Department, 3246 New Brighton Road, for variances and a I SUP amendment based on the revised proposal with a six foot setback from the north property line and a 41 foot setback from the east property line subject to the Ie conditions identified by the Planning Commission. Mr. Filla advised the use of this property as a Fire Station is an allowable use in this zoning I district and is in accordance with the Comprehensive Plan. He noted that development regulations allow variances to be granted in circumstance where the configuration of a particular parcel are such that there is no reasonable use ofthe site without a variance. He stated in his I judgement, another issue to take into consideration is that training activities are a legitimate consideration to make when determining reasonable use of the site. Also, it is apparent that the adjacent property owner does not appear to be as concerned about a financial impact now as was I the case several weeks ago because she would prefer access to develop the southern portion of her property -- so there is no major financial impact on her property if the Fire Department property developed in this manner. Mr. Filla added that the City should not presume the Fire I Department would grant an easement to Ms. McGuirc or that it would be a reasonable condition of approval on this variance. I Ms. McGuire came forward to state that it appears everyone is speaking for her but neither the City Attorney nor the Fire Department attorney has that right. I Councilmember Aplikowski noted that Ms. McGuire indicated she purchased the property with the intent to develop and, at a future date, to subdivide. Ms. McGuire stated this is true, she saw I the property and immediately went to the City Hall and spoke with Mr. Ringwald to discuss issues related to zoning, the number of homes it would hold, the Fire Station, special use permits in place, and setback requirements. Ms. McGuire explained that the same afternoon, based if exclusively on what she learned from staff; she purchased the property as an investment-based decision. Ms. McGuire stated she is an urban planner by profession so when considering the purchase of this magnitude, knew the importance of getting information from the people who I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30.1996 21 t' know what the City's regulations are. Three weeks later, she was a resident. Ms. McGuire advised since that time, she has had architectural drawings prepared for the access. She restated I she purchased the property exclusively with the knowledge that it would support several home sites and had spoken with staff about the potential value of homes on such a site with mature trees. I Councilmember Aplikowski asked how the revised plan would impact the development of Ms. McGuire's land. Ms. McGuire asserted it will reduce the value of the home site on the back of I the property because it will look squarely into the parking lot. Ms. McGuire stated she has lived on this property since June and since then, has only seen five I or six cars at the Fire Station. She advised she spoke with the church and they have no problem with shared parking with the Fire Department. Ms. McGuire stated she feels quite strongly about this and, as a resident, does not believe that any entity should be removed from what law I requires (75 foot setback). She reiterated she was looking for an alternative but that effort has been misunderstood by the attorney for the Fire Department. I Councilmember Hicks inquired regarding Ms. McGuire's conversation with staff about the number of lots that could be subdivided and suggestion on access. Ms. McGuire responded that staff suggested requesting an easement from the Fire Department or to pursue sale of land. Ie Councilmember Hicks stated this is an unfortunate situation but there is nothing this Council can I do relative to negotiating an easement or sale of land with the Fire Department. Ms. McGuire stated she is not seeking an alternative but to invite the Council to recognize the I law it created which has been broken. Mayor Probst stated the presumption to further develop is just that, a presumption and it will I have to follow the process. He noted it may be possible but significant issues exist with regard to access. Mayor Probst eXplained the City is able to consider a setback variance where appropriate circumstances exist, not breaking or changing a law. I Ms. McGuire suggested that twelve spaces could be located with no harm to her property. She respectfully suggested further consideration be given to other alternatives, including use of the I church parking lot for occasions when overflow parking is needed. I Mr. Ringwald advised that in discussions he had with Ms. McGuire regarding the feasibility of one additional lot, he referenced possible purchase of the Fire Department property, and stated the unlikelihood that it would occur. Also, he discussed alternate access points on other property I that exist, aggregating other properties into one larger parcel for development, and other alternatives such as splitting the property into smaller sections for sale to adjacent property owners who have viewed this area as common property. .. With regard to the revised proposal, Mr. Ringwald advised different concepts were discussed with the Fire Department about ways to minimize impact to adjacent properties, and location of I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 22 t' where parking is needed from a functional aspect. Mr. Ringwald explained Staffs emphasis is not on the number of spaces required but, rather, minimization or avoidance of the need for a vanance. I Mayor Probst clarified the issue at hand is not the ability to develop the McGuire property but I the need to deal with whether the variance requests being made are appropriate as a solution to what is being proposed. He noted the options are to move forward to accept the revised proposal as being appropriate, move denial, or refer it to the Planning Commission for review of the I revised concept. Councilmember Aplikowski stated she is uncomfortable with this and would like more study I conducted. The motion carried (3 ayes-2 nays Aplikowski and Probst). I H. Planning Case #96-13, James Danielson, 3238 N. Hamline Avenue, Variance I Mr. Ringwald reported that the applicant is requesting approval of front and side yard setback variances to allow for the construction of a 22 foot by 24 foot detached garage. The front yard setback is proposed to be 12 feet while 40 feet is required and the side yard is proposed to be five Ie feet while ten feet is required. Mr. Ringwald stated the garage is proposed to be placed within a triangular area which is a former Ramsey County pump site. The present pump house will be removed. The detached structure will house a boat and a vehicle. I Mr. Ringwald reviewed discussion held by the Planning Commission and its recommendation I for denial of Planning Case #96-13, Variance, 12 foot front yard and five foot side yard setback variance (detached garage). I Councilmember Malone stated while the proposal may make sense and would diminish the existing irregularity, he is unable to determine a hardship to justify the request. I James Danielson, applicant, commented on the difficulty of proving a hardship and stated he believcs a unique situation exists unlike anything else in Arden Hills. He pointed out there is only one other pumphouse in Arden Hills and his adjoining neighbor supports this request I because it will improve his view of Hamline A venue from the north. Mr. Danielson pointed out the garage could be put in the front yard but other neighbors would object because that placement I disrupts their view of Hamline Avenue. He asserted this proposal results in a minimum reduction in grass area and no traffic impact. He reviewed several other structures which he believes have established a precedent and presented photographs of alternate sites. I Mayor Probst inquired regarding land transfer. Mr. Danielson provided a copy from Ramsey County which reflects the accurate property line and right-of-way line. t' Councilmember Malone noted the variance could be diminished ifthe garage were a smaller size. Mr. Danielson explained one purpose for the garage is to house a boat and car which is stored I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30.1996 23 ~ off-season so the garage needs to be 24 feet in length. He stated he could consider possible adjustment but does not know how much it would atfect the variance request. I Mr. Danielson asserted it is not unusual for new homes to be constructed with at least a three car garage and he would appreciate the Council's consideration of his request. I Councilmember Hicks brought up the option of rotating the garage two to three feet into the driveway width which would reduce the need for a variance and improve the sight lines for I neighbors to the north. Mr. Danielson stated this would be an option and he could tear down the brick building and fence so such a location can be staked out. I Councilmember Hicks noted the garage on Hamline Avenue that is 30 feet from the center line has probably been there many years and existed prior to adoption of the current ordinances. I Councilmember Hicks concurred there is no hardship other than need, which does not legally constitute a hardship. He pointed out the applicant could build this structure in the front yard but he believes that would produce a greater impact to all neighbors. So on that basis, he supports I the variance if the garage is rotated to become more parallel to the adjacent Lynch garage and to reduce the variance request to 25 feet. Ie Mr. Danielson asked if the five foot variance could be cut back to two to three feet since it is strictly an open area between Mr. Lynch's garage and fenced-in area. He explained he prefers to I not narrow the drive too much. Councilmember Hicks pointed out if the garage is rotated, it could also be moved backwards to keep the five foot setback on the southwesterly corner. I Mayor Probst stated he does not want to negotiate the solution here, but agrees with the need to consider sight lines of the other three homes. Mayor Probst stated he thinks there are other locations for the garage that would require no variances. I Councilmember Malone noted that locating the garage in the front yard is not as desirable and he prefers to see the pump house removed. He suggested the applicant be allowed to work with I Staff to determine a location which minimizes the variance request. Mr. Danielson stated he is willing to work with Staff to determine a location that reduces I setbacks and is satisfactory to his neighbors. I Councilmember Aplikowski stated locating the garage in the front yard is not an acceptable location and she supports working within the suggested parameter and rotating the location of the garage. I Mayor Probst suggested this request be referred to Statf to resolve the configuration for prcsentation at the October 15, 1996, Council meeting. Mr. Danielson stated his agreement with " this suggestion. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 24 it MOTION: Malone moved and Keim seconded a motion to table further consideration of Planning Case #96-13, James Danielson, 3238 N. Hamline Avenue, Variance, to I October 15, 1996, and direct staff to work with the applicant regarding garage configuration and location. The motion carried unanimously (5-0). L. Planning Case #96-12, Oakdale Development Corporation, Site Plan, Variance and I Vacation of Easement, 4300 Round Lake Road I Mr. Ringwald reported that the applicant is requesting approval of a site plan to facilitate the construction ofa 154,237 square foot industrial building on a 11.45 acre parcel zoned Gateway Business. The applicant is also requesting approval of variances for alternate exterior building I materials. In addition, the applicant is requesting approval of the vacation of a sanitary sewer easement which encumbers a portion of the property. I Mr. Ringwald advised the applicant has done a good.i ob of addressing concerns of the Planning Commission including modification of access point, building elevations, exterior treatment, and landscaping. He explained the lender's concern about issuance of occupancy permits if the office I use varies from the percentage allowed in the ordinance. It was noted that the applicant has agreed to not bring uses indicated on the prohibited list into the Gateway Business District. Ie Mr. Ringwald advised of discussion held by the Planning Commission and its recommendation for approval of Planning Case #96-12, Site Plan, Variance (20% office), and utility easement I vacation (sanitary sewer), subject to the following conditions: I. Modification of the southwesterly access point onto Round Lake Road to Butcher's I Street; 2. Receipt of title to the MN/DOT parcel by the applicant; 3. Approval ofthe grading, drainage, and erosion control plan by the Rice Creek Watershed I District; 4. Issuance of a General Construction Storm Water Permit from the MPCA; 5. Issuance of the necessary wetland fill exemptions and/or permits from the necessary I local, state, and federal agencies; 6. The smallest amount of bare ground is exposed for as short a time as feasible; 7. Temporary ground cover, such as mulch, is used and permanent ground cover, such as I sod is established; 8. Methods to prevent erosion and trap sediments are employed; 9. Fill is established to accepted engineering standards, approved by the city engineer; I 10. Modification of the landscape materials to provide for acceptable plant materials; II. Provision of the necessary amount of landscape materials; I 12. No overnight storage or truck storage on the site; 13. A conservation easement on the lake side to ensure limited use; 14. Integration of brick or stone in the building entrances; and " 15. Modification of the west building wall to include windows, color, architectural relief and articulation similar to the north wall. I I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 25 it Councilmember Malone noted that Oakdale Development Corporation has been very responsive to the concerns expressed by the Planning Commission and he is pleased with the responses I received back from the applicant. He stated the office percentage concerns him as well as the possibility of losing control. I Dick Zehring, representing Oakdale Development Corporation, stated they propose to put $7 million into this proposed building in the Gateway Business Park and this is the first step to realize the long-term dream of Arden Hills for the Gateway Business Park. He explained that I tenants do not always match building build-out year to year. Currently they have one tentative tenant, an office/warehouse project that is a permitted use under the Zoning Code. Mr. Zehring advised they experience a range from 5% to 8% office build-out to a 60% office build-out and I belicves the allowable uses under the Zoning Code are appropriate. He explained they could very easily start out with the first run of leases and have a 20% or 28% office build-out or just as easily have a change in tenants that change the percentage. I Mr. Zehring explained the concern of institutional financiers is that the City will not issue Occupancy Permits if the build-out falls below the indicated percentage. It was noted that from a I planning standpoint, this is the most northerly parcel in the Gateway Business District and the prime development parcel is located southerly, closer to the intersection, so it should be the highest and best use, maybe a ] 00% office use such as a corporate headquarters. He suggesting Ie the percentage of the office use, park-wide, will end up at 25% to 50% but the most northerly parcel will greatly differ from the southerly parcel. I Mr. Zehring advised they have added $100,000 to the building based on Planning Commission requests and need to order steel and precast in November to meet the schedule. He stated they I desperately need relief from the office percentage. He explained they discussed a range of 18% to 20% with the Planning Commission but subsequently determined none of the institutional lenders can live with that range so they are now requesting 8% as the bottom percentage with the I understanding the building design, configuration, and uses will be in strict accordancc with the ordinance. I Mayor Probst stated he is not concerned about where the office percentage is placed on the first building and believes the "key" is to set the stage for things to come. Mayor Probst stated while this is a nice project and an improvement, it is not his vision of the entire property. He stated one I area of concern is positioning the overhead doors to face south. I Lynn Sloat, Genesis Architecture, explained how they intend to create a large bermed area plus screening the docks from 14th Street, ponding and wetland area. He displayed colored renditions of proposed landscaping to create a "living fence" and screen sight lines. I Councilmember Aplikowski stated she would rather see a 10% office use but has no problem with going to 8% due to the integrity of the proposed building. ,. Mr. Sloat displaycd a colored rendition of the building elevations, focal entrance point, canopy with address numbers, colored panel sections, and beige brick base accents. I . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 30. 1996 26 f' Councilmember Malone expressed concern about consideration of a lower office percentage and potential for establishing an adverse precedent. Mr. Zehring asserted that valid distinctions can be made between the northern parcel as opposed to other parcels within the District. . Mr. Ringwald explained that if you look at the overall description of the District, the intent is for the overall area, but the City needs to also consider specific site considerations. . Mayor Probst commented on the importance to indicate the clear intent that the Council is . looking for the District at-large to achieve indicated percentages. Mr. Filla advised the Council needs to keep in mind the standards Arden Hills has for granting . variances regarding the need to allow reasonable use of the property. It was noted the applicant has indicated this property cannot be used in the desired manner because ofthe inability to obtain financing for this type of building and office/warehouse mix. Mr. Filla pointed out that this need . for financing will be a concern with all developers for this type of proposal. MOTION: Malone moved and Aplikowski seconded a motion to approve Planning Case #96- . 12, Oakdale Development Corporation, 4300 Round Lake Road, Site Plan, Variance and Vacation of Easement, based on the conditions outlined by the Plamling Commission, and based on the rationale the developers will meet all Ie recommendations set forth by the Planning Commission and Staff; recognition has been made and changes made to the building elevation and landscaping; allowing this office space for this site to be dropped to a minimum of 8% based . upon the developer's documentation that financing for this project would not otherwise be available; this is the first building in the Gateway area and the . "trigger" to allow for future development, and to meet the objectives of the Gateway District and its overall intent, this reduction in office percentage is necessary. The motion carried unanimously (5-0). . Mayor Probst stated the Council is delighted with the proposed project and welcomed it into the City of Arden Hills. . ADMINISTRATOR COMMENTS . Mr. Fritsinger updated the Council regarding the records retention and file management program which will be further discussed, and the potential to close City Hall on Columbus Day to allow staff the opportunity to better organize files. The Council consented to this suggestion. . Mr. Fritsinger reminded that City Hall architectural firm interviews have bcen scheduled for October 14th at 4:30 p.m. . it . I I ARDEN HILLS CITY COUNCIL - SEPTEMBER 30.1996 27 ~ COUNCIL COMMENTS I Based on the suggestion of Councilmember Malone, the Council agreed to change the start time to 8:00 p.m. on October 15,1996. I Councilmember Malone stated he has a conflict on October I, 1996, and asked if anyone is available to attend the Planning Commission meeting. Councilmember Hicks indicated he is available. I Councilmember Malone announced the Metropolitan Council growth options will be available within a matter of days and cautioned about possible Metropolitan Council actions should growth I be exceeded. Councilmember Aplikowski updated the Council regarding housing issues, representation at the I Optimist Club, and dedication of Northwestern College. Councilmember Aplikowski inquired regarding procedure for code enforcement. Mr. fritsinger I explained that for the most part, per Council direction, it is complaint driven. Councilmember Aplikowski stated she wished the City was more pro-active in that regard. '- Mayor Probst announced he will be attending the Mayor's Conference this year and advised of the annual TCAAP tour program on October 16, 1996. I ADJOURN I MOTION: alone moved and Aplikowski seconded a motion to adjourn the meeting at iO:43 p.m. e motion carried unanimously (5-0). I B~r I City Administrator I NOTICE OF MEETINGS I The next regular City Council meeting will be held October 15, 1996, at 8:00 p.m. at the Army I Reserve Center. " I