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HomeMy WebLinkAboutCC 08-11-1986 MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, August II, 1986 - 7:30 P.M. Nillage Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:30 p.m. Roll Call Present: Mayor Peck, Absent: None Also Present: Robert Woodburn, Councilmembers Dale Hicks, Nancy Hansen, Gary Thomas Sather . Engineer Donald Christoffersen, Planner Orlyn Miller, Public Works Supervisor Robert Raddatz, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Approval of Minutes Hansen moved, seconded by Peck, that the minutes of the July 28 Council meeting be approved as amended. Motion carried unanimously. (5-0) Business from the Floor None REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN Specifications re Tvpes of Water Towers Council was referred to brochure and information re water spheroid style tank which Christoffersen said he could include in the water tower specifications if Council desires. Council concurred that costs of various tower styles would be desirable and should be included as alternatives. 1986 SealcoatinR - Advertisement for Bids Hansen moved, seconded by Hicks, that Council approve the 1986 Plans and Specifications and Authorize Advertisement for Bids. unanimously. (5-0) (Bids to be opened at 2:00 p.m. on August 25 at the Village Hall.) Seal coating Motion carried Interceptor and Truhler Water Bid Award Council was referred to McNiesh's memo of 8/11/86 advising that the easements have not been obtained as yet from Naegele and Vaughan for Combined Impr. No. SS-83-6 and W-86-2. Hicks moved, seconded by Sather, that Council reconsider Resolution No. 86-36, BID AWARD FOR COMBINED IMPR. NOS. SS-83-6 AND W-86-2, NEW BRIGHTON INTERCEPTOR AND TRURLER WATER. Motion carried unanimously. (5-0) In discussion, Christoffersen noted that the pre-construction meeting has been scheduled for August 12; contractor is counting on the work; reported that although it was known that some easements would be needed, actual layout was not known until recently; noted that the project was realigned at the request of Naegele when Naegele decided to not pursue the Truhler Addition plat. . Hansen moved, seconded by Hicks, that Council amend Resolution No. 86-36, BID AWARD FOR COMBINED IMPR. NOS. SS-83-6 AND W-86-2, NEW BRIGHTON INTERCEPTOR AND TRURLER WATER, adding the following: 1. Securing easements from Naegele and Vaughan. 2. Award of bid by Metro Waste Control Commission for its portion of the project. 3. Engineer to immediately notify Northdale Construction Company of this action. Motion carried unanimously. (5-0) Minutes of Regular Council Meeting, August 11, 1986 Page 2 REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 86-16, Special Use Permit for Electronic Receivina Dish - Jerome StradinRer, 1426 West County Road E Council was referred to Planning Commission minutes (8/6/86) and to Planning memo (7/28/86). Miller reported that comments, at the public hearing, ranged from questionable legality of the ordinance to opposition to satellites in general; reported that one neighbor opposed the specific satellite, which is in the rear yard, 17' from side property line, partially screened by a mature tree to the east and by relatively dense trees to the south. Miller noted that the present satellite location is probably the least conspicuous spot on the lot; is not visible from the street. ~ Miller reported that the Planning Commission recommends approval of the Special Use Permit for the electronic receiving dish as sited. Applicants were asked by Hansen if they have obtained written comments from their neighbors since the hearing on August 6. Joyce Stradinger said they have not because they are on vacation this week; is sure they received the notice of hearing because they have only been gone one week. Virail Graves, 3580 N. Snellina, said he objects to the electronic receiving dish because of its "permanence"; noted other objectionable neighborhood nuisances are "temporary", e.g. - too many cars for the number of drivers, etc.; noted these will be rectified in time, but the dish will remain. After discussion, Hansen moved, seconded by Sather, that Council approve the Special Use Permit allowing the electronic receiving dish in its present back yard location. In further discussion, it was noted that Council appreciates the concerns of Mr. Graves; the dish, as sited, seems to be at the best possible location on the lot; dish is apparently not objectionable to others in the neighborhood. Motion carried unanimously. (5-0) Case No. 86-25, Special Use Permit to Construct and Operate Tom Thumb Convenience Store and Gasoline Pumps - Tom Thumb Food Markets, Inc. Council was referred to Planning Commission minutes of 8/6/86 and to Planning memo (7/29/86). Miller explained that the applicant is proposing to construct a convenience grocery store on the old service station site at Cleveland Ave. and County Road D; noted that the site is zoned B-2, which permits retail sales; noted that the service station requires a Special Use Permit. In review of the site plan, Miller noted that variances of 60 and 55 feet will be required from the 75' setback from the boundaries of residential; explained that the 75' setback would reduce the building envelope to 22' x 100', if enforced. Miller noted the proposed location of the 4000 sq. ft. store at the northeast corner of the site, and the location of the canopy over the gas pumps west of the store, with parking in front of the store (west) and along the west of the site. Miller reported that the Planning Commission recommends denial of the ... convenience store and service station, based on the negative neighborhood comments received at the hearing that the proposed use is not desirable or compatible to the neighborhood and does not comply with the guidelines of the Comprehensive Plan. Miller noted that some of the concerns expressed were that there are service stations, and a convenience grocery store, in the area now which adequately serve the neighborhood. Mr. Exley (Tom Thumb representative) explained that they purchased the property about a year ago; noted it had previously been a service station; feels the Tom Thumb convenience store and self-service gas will benefit the neighborhood; showed a picture of the proposed site. Minutes of Regular Council Meeting, August 11, 1986 Page 3 In discussion, Exley was asked if they would build the Tom Thumb store if not permitted to dispense gasoline. Exley explained that the trend today is for convenience stores with self-service gasoline. Exley said most of the concerns at the Planning meeting were that of competition for the existing businesses in the area; stated that competition tends to increase business for all and will provide additional employment opportunities in the neighborhood. Exley explained that they demolished the building that was on the site to end the vandalism experienced since the property was purchased. . It was noted by Miller that another concern expressed by the neighborhood and residents was drainage which has apparently been a problem in this area in the past. Exley said Tom Thumb will work with the City Engineer to assure that the site drainage is done properly and does not impact the neighboring properties adversely. Hansen expressed concern for residents' safety with a gas station so close to residential; noted that no one at the hearing spoke in favor of the proposal; reported she received several calls in opposition. Attorney for Tom Thumb said they are asking for a use this property had in the past -- dispensing gasoline; noted the convenience store is permitted in the B-2 District; explained that Tom Thumb is trying to bring self-service gas to their convenience store outlets; noted that full-service stations are rare today; said they feel this meets a need in this area and, once built and service is available, it will become a part of the neighborhood. He stated that they are a little perplexed since gas was dispensed from this site in the past. Hansen said there are several places where gas and groceries can be purchased within about 2 miles of this location; does not see the need for another service station or grocery outlet; stated that just because gas was dispensed there in the past, does not make it right now. Representative of Tom Thumb said they are a high quality operation and have experienced no complaints of litter, noise, odor, etc. which were concerns expressed at the hearing. Exley explained that the close proximity of one Tom Thumb store to another depends on traffic patterns; noted that many are within a mile or 2 of another Tom Thumb outlet. Hansen noted that she is aware of complaints about a certain Tom Thumb located near a school where children loiter, skipping school, and of neighborhood complaints of a litter problem. Exley said they have never lost a license of any kind; have corporate store supervisors who see that the stores are maintained inside and outside. Woodburn asked what assurances they have the store will be a Tom Thumb in a year or so; asked their success rate. Exley said their failure rate is almost non-existent; of the outlets started, 90% to 95% are still in operation; stated that this would be a corporate store. Woodburn noted that it is not Council's obligation to either protect or help start a business; both should have equal footing. . Hicks moved, seconded by Hansen, that Council deny the convenience store/service st~tion development based on the potential noise, glare, odors, and other nuisance characteristics which are incompatible and detrimental to adjacent Single-family residences and because the site is of insufficient size to buffer the proposed use from the adjacent residential district. In discussion, Mr. Rademacher (Tom Thumb representative) noted that no matter what you put on this lot, it will require a setback variance; noted that the only variances requested are the two addressed by the Planner (75' from residential boundary). Rademacher said they build a quality facility that will enhance the neighborhood. Exley said the proposed store would probably include a. "cold deli"; is not large enough to accommodate a "hot deli". Exley said they do hire a lot of young people in their stores, which is an asset to the community. Motion carried (Hicks, Hansen, Peck, Woodburn voting in favor of the motion; Sather abstained). (4-0-1) Minutes of Regular Council Meeting, August 11, 1986 Page 4 Case No. 86-27, Special Use Permit for Existin~ Amoco Service Station and Necessary Variances to Construct New Pumps, Under~round Tanks, Canopy and Remodelin of Car Wash - Amoco Oil Com an 1306 W. Count Road E Council was referred to Planning memo (7/30/86 and Planning Commission minutes (8/6/86). Miller explained that the applicant is proposing several site improvements at the existing station; noted that the changes are intended to eliminate the several conditions on the site that are currently ordinance violations; noted that the proposed canopy will require a 21' front setback variance (50' required), and the existing parking, east of the station, has a setback of 1 foot, requiring a 4' setback variance (5' required). Miller noted that the station existed prior to the requirement of a Special Use Permit. Because the proposed changes are significant, it is considered an appropriate . time to bring the operation into conformance with the ordinance under a Special Use Permit. Miller reported that the Planning Commission recommends approval, subject to the conditions listed in the minutes of 8/6/86; noted that the basis for approval is that the overall improvements are beneficial to the appearance and operation of the station, do not have a negative impact on adjacent properties and are beneficial to the property. Miller noted that one of the conditions of approval is that the landscaping and screening at the southeast corner of the site be worked out to the mutual satisfaction of the business neighbor. '. Ted Brausen said he has talked with the landscaper and has been advised that the existing trees can be relocated on the adjacent property (medical/dental clinic property) to screen this area. Dr. Anderson was present at the meeting; had stated at the Planning Commission that he had no objection to the transplanting of these trees onto his site if it can be accomplished satisfactorily. Hansen moved, seconded by Hicks, that Council approve the Special Use Permit for the existing Amoco service station including the proposed site improvements and including the 21' front setback variance for the canopy and the 4' sideyard setback for parking on the east of the site, subject to: a. Submission to the City of a certified statement that underground storage tank installation complies with the Minnesota Uniform Fire Code, Minnesota Pollution Control Agency regulations, and permit requirements of these agencies. b. All exterior ~o comply with provisions of the sign ordinance. c. Exterior storage/display of miscellaneous products (oil, anti-freeze, window cleaner, fuel additives, tires, etc.) to be contained in appropriate cabinets and/or racks on the pump islands and on walk area in front of the building only. d. No unscreened exterior storage shall be permitted. e. All lighting under canopy to have hidden light source (when viewed from public street) and sharp cut-off angle. f. Approval of landscaping at northeast corner of site by adjacent property owner and City Planner. . Motion carried unanimously. (5-0) Case No. 86-28, Si~na~e Plan and Si~n Area Variance - North Hei~hts Lutheran Church, 1700 W. Hi~hway 96 Council was referred to Planning memo (7/28/86) and to Planning Commission minutes (8/6/86). Miller noted that the signage plan was not part of the previous NHLC approval; reported that the proposed sign plan seems reasonable in terms of site identification; noted that the directional sign at the intersection of STH 96 and 10, and the Snelling Avenue directional sign, require area variances, as proposed. Miller reported that the Planning Commission recommends approval of the signage plan and the proposed area varianceprfor the intersection sign, and a reduced ~ area variance for the Snelling Avenue sign at 7-1/2 square feet. Hinutss of Regular Council Hesting, August II, 1986 Page 5 Hiller explained that the basis for approval of the directional sign at Highway '96 and 10 is the exceasive setback caused by the width and configuration of the highway rights-of-way and the exiltlnce of bruah and trees which ..y reduce the sign's visibility. Hiller explained that the Planning Commission and Board of Appeals recommend a reduced area variance for the directional sign at the Snelling Avenue entrance; noted that the maximum area permitted in a residential district is 3 square feet; the area propoaed is 15 square feet; area recommended by the Planning Commisaion is 7.5 square feet. , Reverend Petersen (NHLC) asked Council to consider an area variance for the Snelling entrance sign; feels the proposed Sign size ia needed to identify the entrance and keep traffic from continuing eouth on Snelling beyond the entrance; feels s 2.5' x 6' sign is not exceesive for the aize of the sitel noted it's quite close to the north boundary of the eite. will be lighted from within (no lighting around the eign). In discussion. Hicks expressed concern for the neighborhood to the east; suggested that Church members will quickly know how to enter and exit the site; feels a large sign is not really neededl would like to minimize the si.e of the dgn. Petersen noted that the sign is only lighted to the north and there is a slight embarkment to the south of the sign. Hansen moved, seconded by Sather. that Council approve the NHLC signage plan including the area variances for Sign B (Highways 10 and 96) and Sign D (Snelling Entrance) I Sign D to be internally lit on the north aide only. After discussion, the motion carried (Hansen. Sather, Woodburn voting in favor of the motionl Hicks and Peck VOting in opposition). (3-2) Re art of Public Works Su ervisor Robert Raddatz Council was referred to Raddatz's memo 8 8/86) re Valentine Crest storm sewer. Raddatz reported that a 12" clsy pipe, extending across the rear of three lots on Valentine Crest Road, is completely blocked with tree roots. which they are unable to remove; reported that they are in the process of replacing about a 300' length of this pipe with PVC. which cannot be penetrated by tree rootal " total cost of the replaclIIlIIInt i. e.U..ted st $4.880.00, including becld1lle. pipe and labor. PA1Wl AND RKCREATION CC>>1HIT'l'EE RKCOMKENDATIONS Council wa~ referred to minutes ~f Park. and Recreation Committee ..etin~ of 7/29/86. . Approval of CumminRs Park Improvements Sather moved that Council approve the Cummings Park shelter at a co.t not to exceed $15,000. the lighting of the hockey rink and general skating area at a cost not to exceed $8.500, the shelter electric Wiring at a cost not to exceed $3.000, and construction of the hockey rink and general skating area at a cost not to exceed $15,000. with the condition that the hockey boards be removed at the end of the skating seuon. Hotion was seconded by Peck. ' . In discussion. Hansen expressed concern relative to the rink lights and their impact on the residential areas. Sather described the lighting as no brighter than a bright moon; lights will be off by 10:30 p.m. Sather said lighta are on later occasionally at Perry and Hazelnut parks which are used by Bethel Co~lege for broomball; does not anticipate Bethel using Cummings Park. Hansen moved to amend the motion to add the fOllowing conditions I 1. Restrict lighting to no later than 10100 p.m., and 2. No collegiate use of the lights. Hotion was seconded by Hicks and carried (Hansen. Hicks, Woodburn voting in favor of the motion; Sather and Peck voting in opposition). (3-2) Minute. of Halul.r Council Meetina. 4u&uet 11. 1986 Paae 6 After diacuaaion. Sather' moved. .econded by Peck. to amend the motion to approve tbe .helt.r and liahtina aa out~ined in .inut.a (7/~9/86) at tbe l0wa8t of two 01' thr.. qUIlt... "oUon ..arried IlIWlUlouely. (5-0) Orilinal motion. a. amanded. carrie4 (Sather. Peck. Woodburn. Hi~ vlItin& in hVafl If.Iuen vot1n& in llpPll.itiQ,Q).. (It-U - . Fall Park Proaram Satber noted on. cbanae in th. 'all 511'0&1'&11. thta adelition of "UteI' School 1'1'011'...... a typa of latCh key 51'""11''' which 18 intenclad tll .. .eU-a\Mtainina. Sather moved. ..conded by F.ck. t~t Council approve tl\e 'all 1'1'011'11I .. r~ by tM P.rka tAd ~,"",UQR ~ittlle. , In di.cua.ion. liability and appropriaten... of the latch k.y proar&ll w.re qu.ri.d. HcNi..h advi..d that parent. ar. required to .iln a .tatemant r.l..ainl anel indemnifyina the City froa liability. Sather d..cribed th. latch k.y prolr&ll .. a ....rvic." to our r..ident.. juat a. .now plo"'inl and atJ;..t a"'..pina ara a.rvic.a. Sather explained thet the after .choo1 pro&raai. tentatively propo"" for twq t.o \lI.I:..4Q. per lfMk. .v8l\t1,l&1ly fiVe Mya per W4Iek . Motion carried (Sather. Hicka, 1:1.0'''', P.ck votina in favor of the lIOtionl Woodburn in oPPOaiUan). (4-1) , Park Salaries Allocated to Park Fund S.ther expl.ined thAt, becaun of the rapid depl.tion of the PArk lund. and the lo",er amount. of park dedication GlIni... and the lack of avail.bl. land for 'davaloPDant aubject to park dedication, the Parka Committ.. racommenda that Park .alari.. ha allocated to the P.rka ..int~ce budget inataad of the P.rk Fund. S&ther nottlO thAt renovation 18 nndlld in .~ parka no", I notlld the City ia very definitely lookina at the end of the Park Fund. S.ther auageat.d, and Council concurred. t~t the rec~ndation ha referred to the linaDk. eo..tttn for it. conaid.ratlon and r.cn-- ~tion to Council. FINANCE COliKI'1"l'&Il RiCOIfIoIIlNDArIQNS CoUQc11 "'.. r.f.rred to finance eo.itt.. ainutNo.f July 31. 1986. . Increase in HeatinQ Permit Pe8s and Chanaa in Percent.g. Ratainad bv Vilf&K8 . Hanaen lIllVad. a.cond.d by Uicka. thet Council approve the HIlaUnl P.l'lIit ,.. Schedule ae reoommanded by the 'inaAGa CoIaitt.., affective Sapt..o.r 1. 1916. MoUon carried 1lIWl1llOualy. (~-O) ~t {t;(I.M~~ ,<d u.,(,"I; U "1fJA!6frt/~ b Water Tower Finaneina HeNieah r.ported that the Financa C~1ttee recommend a that the "'ateI' tower be temporariiy fin.nced from the P.rmanent Improv..-nt Revolvina Fund. and repaid ",ith intere.t, and tbat the balan... of the fUllllinl. for repayment of t.ba,;a , fund. come from "'ater utility fun4 and aeneral tax levy. to be paid aa a 10.)'8&r .cbedule. Hicks moved. seconded by Peck. that Council approve the water tower financins .. outlined. In diacuaaion. Sather expr.aaad concern about wh.re the mon.y ",ill CaDe froa for all the City'. ponible UpenditurN. not only the ",at.r towerl ...id he oppoaea thb beitia "e_t.d in atone"l noted the Council'a potential fire . prot.ction coata,' "'lIich are unknown at Chi. tt... It "'aa .xplained that the Finance C~tte.'a rec_ndaUon b MllDt to be a "mecbaniaa for pa)/Mnt. if the tower b built - . lu1"'11111l". Kotion carri.d unan~ualy. (5-0) Deputy Clerk/Zonina Adminiatrator ApPOintment HcNieah report.d thatifiv. applicanta were interviewed by Kayor Woodburn, Councilmembar Ranaan and her..lf. aft.r r.vi.", of the 24 raaume. received, r.ported that Catherina I.ao ia unanimoualy recaaDanded to Council for 4PpoinQDant a. Deputy Clerk/Zonina Administrator. .ffective September 2. 1986. Hanaen moved. aeconded by P4Ck. thet Council appoint C.therine Iaao .. Deputy Clerk/Zoning Administrator. .ffectiv. on or bafore September 2, 1986. at a ..lny of $25,000 ",1' yur. )lQt1on carded 1lIWl1llOwlly. (5-0) , . Minutes of Regular Council Meeting, August II, 1986 Page 7 , Hicks moved, seconded by Peck, that eounci1 authorize McNiesh to offer the position to candidate H2 at the same salary, if capdidate Hl does not accept the appointment. Motion 'carried unanimously. (5-0) , LANDSCAPE INSPECTION REPORT . Rosevil1e Bank, 4061 N. Lexin~ton Avenue - Final Inspection Hicks moved, seconded by Sather, that Council accept the Roseville Bank landscaping, subject to the replacement of a Colorado spruce and cherry tree, as recommended by Landscape Inspector Oelke, and authorize release of the maintenance bond. Motion carried unanimously. (5-0) Anderson/Ospina Medical/Dental Office, 1260 West County ROad E - Initial .Inspection Hicks moved, seconded by Peck, that Council accept the landscaping at the medical/dental office and authorize reduction of the performance bond to maintenance bond for a period of one year. Motion carried unanimously. a 100% (5-0) Everest Investments II, 1275 Red Fox Road - Initial Inspection Hicks moved, seconded by Peck, that Council approve the landscaping at the Everest II office/warehouse building, subject to the addition of three Red Splendor crab trees on the northwest corner of the building and two Norway pines on the southern berm, as reco~ended by Landscape Inspector Oelke, and that Council authorize the reduction of the performance bpnd to a 100% maintenance bond for a period of one year. Motion carried unanimously. (5-0) OTHER BUSINESS RCLLG Meetin~ of Au~ust 20 Hansen cannot attend. Council Meetin~ of Au~ust 25 Hansen to be absent. Department of Natural Resources Letter of 7/31/86 Referred to Attorney Lynden with the following clarification requested re definition of "closing the lake to all recreational u'se": - close to all gas powered motors of any size. not prohibit swimming, canoes, fishing. Squire's Memo (8/8/86) re Request for Adiustment of Compensation as Code Enforcement Officer Referred to Finance Committee. Special Council Meetin~ - Au~ust 12 McNiesh to request Attorney Plunkett to attend the August 12 Special Meeting at 7:00 p.m., if possible, to discuss pending litigation at a closed Council session; if August 12 is not convenient, schedule on August 25 at 7:00 p.m. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH . Approval of Election Jud~es Hansen moved, secended by Peck, that Council approve the Primary and General Election Judges as presented. Motion carried unanimously. (5-0) Claims and Payroll Hicks moved, seconded by Peck, that Council approve the Claims and Payroll as presented. Motion carried unanimously. (5-0) Resolution No. 86-39, Schedulin~ Public Hearin~ on Special Assessments for Delinquent Utility Bills, Diseased Tree Removal, and Roseville Water Connection on September 8, 1986, at 8:30 p.m. McNiesh reported that under new statute regulations, City must notify affected people and publiSh the Notice of Hearing before placing special assessments on the taxes. Sather moved, seconded by Peck, to adopt Resolution No. 86-39. Motion carried unanimously. (5-0) '" . . Minutes of Regular Council Meeting, August 11, 1986 Page 8 Donation McNiesh reported receipt of $1,500 donation from Original Boosters for the Arden Hills Park Fund. Woodburn expressed Council's appreciation on behalf of the Parks Director and Parks and Recreation Committee. Ad;ournment Hansen moved, seconded by Peck, that the meeting adjourn at 11:05 p.m. Motion carried unanimously. (5-0) . ~Jdi:$~ Charlotte McNiesh Clerk Administrator ~~)~ Robert Woodburn Mayor Notice of MeetinR The next Regular Council Meeting will be on Monday, August 25, 1986 at 7:30 p.m. at the Village Hall. Closed Council Meeting 7:00 p.m. to 7:30 p.m. re City of Arden Hills vs Kenna and Siems Bros, Inc. on Monday, August 25, at the Village Hall. .