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HomeMy WebLinkAboutCC 09-09-1985 . , . . ... MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, September 9, 1985 - 7:30 p.m. Village Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:30 p.m. Roll Call Present: Mayor Robert Woodburn, Councilmembers Dale Hicks, Nancy Hansen, Gary Peck, Thomas Sather. None Attorney James Lynden, Engineer Donald Christoffersen, Planner Orlyn Miller, Treasurer Donald Lamb, Parks Director John Buckley, Public Works Supervisor Robert Raddatz, Clerk- Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. Absent: Also Present: Approval of Minutes Hansen moved, seconded approved as corrected. by Peck, that the minutes of August 26 and August 12 be Motion carried unanimously. (5-0) Business from the Floor None. Schedule of Activities - Arden Hills Fall Festival, September 14 Parks Director John Buckley reported that the fourth annual Arden Hills Fall Festival, sponsored by the Arden Hills-Shoreview Jaycees and Norwest Banks of St. Paul-Arden Hills, will be on Saturday, September 14. Some of the events will be: - Arts and. Craft Fair - 9:00 to 4:30 p.m. Family Run - 10:00 a.m. Volleyball Tournament - 1:00 p.m. Petting Zoo - 1:00 - 3:00 p.m. Bowling Contest - 2:00 - 4:00 p.m. Children's Wheel and Pet Parade - 11:45 a.m. Prizes will be: - 3 nights for 2 at Lake Tahoe - "Night to Remember" at McGuires - $100 worth of groceries at Hauser's IGA, Arden Plaza Tickets are $1.00 each (12 for $10.00) available from area merchants, City Hall, Jaycees. PUBLIC HEARINGS - SPECIAL ASSESSMENTS (See attached excerpts of Minutes of Public Hearings.) A. Improvement No. SS-W-P-ST-84-1 Royal Hills North B. Improvement No. SS-W.P-ST-84-2 Lametti Addition C. Improvement No. SS-W-P-ST-84-3 McClung Third Addition REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Resolution No. 85-43, INDEMNIFYING STATE OF MINNESOTA FROM LIABILITY FOR IMPROVEMENT NO. P-85-1, PHASE I. HAMUNE AVENUE SURCHARGE Council was referred to draft of Resolution No. 85-43, recommended for adoption by Lynden. Hicks moved, seconded by Sather, that Council adopt Resolution No. 85-43, A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM ANY LIABILITY WITH RESPECT TO IMPROVEMENT PROJECT P-85-1 -- PHASE ONE (MSA I.D. No. S.A.P. 187-102-01). Motion carried unanimously. (5-0) Ordinance No. 237, Shoreland Mana~ement Council was referred to revised draft of Ordinance No. 237. Lynden recommended its adoption with a wording change on page 7, section 4.B.(1) delete August 26, 1985, and insert "effective date of this ordinance"; adoption to be subject to written approval of the ordinance by the Department of Natural Resources. . , .-. Minutes of Regular Council Meeting, September 9, 1985 Page two In discussion, concern was expressed re the clarity of Section 6.B Compliance (p. 13) and Section 3.G. Substandard Uses. Council concurred to refer these sections to Attorney Lynden and Planner Miller for modification. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 85-10, Special Use Permit Amendment - Hunter's Park Miller reported that a public hearing was held by the Planning Commission relative to proposed modification of the Hunter's Park Special Use Permit to allow changes to the cluster homes in Hunter's Park, if no variances to the R-3 District are requested. Miller noted that variance requests would be handled by the variance procedure; noted that all applications to the City would be subject to prior approval by the Hunter's Park architectural committee, 4It Miller reported that the Planning Commission recommends approval of an Amended Special Use Permit to allow additions and alterations to the individual cluster homes, subject to conditions in minutes of 9/4/85. Mr. Crassweller (Hunter's Park Homeowners' Association) said the Association has no problem with the proposed amendments. Hansen moved, seconded by Hicks, to accept the Planning Commission's recom- mendation to approve amendment of the Special Use Permit for Hunter's Park to allow alterations to the single family cluster homes (Additions 1, 2 and 4) subject to the following conditions: 1. If additions or other alterations do not require setback or coverage variances, only a building permit, issued administratively, will be required. 2. If additions or other alterations do require additional variances of any kind, the standard variance procedure shall apply. 3. In both cases, the Homeowners' Association shall review and approve the proposed addition or other alteration before submission to the City. In addition, the Homeowners' Association architectural review committee shall assist individual homeowners in determining if variances are required for proposed alterations. 4. These conditions shall not apply to the Hunter's Park apartments. Any modification of those structures shall require an amended Special Use Permi t. 5. The standard-lot, Single-family homes in Hunter's Park, which were not constructed under specifically approved site and building plans, shall be exempted from Homeowners' Association review and approval. 6. A written recommendation of approval shall be submitted to City, dis- closing the vote of the Homeowners' Association architectural review committee. In discussion, it was asked if other Special Use Permits wi1l.require review also, in order to allow minor changes. Miller said that Chatham is under a Special Use Permit; said it ~as not the intent~on, at the time of adoption of that Special Use Permit, but, technically, it could be the interpretation that the homes could not be modified. Miller said, without looking at the Chatham Special Use Permit, this could be the case in Chatham as well; noted that a style of homes was approved in the Chatham area, with certain minimum setback requirements. Motion carried unanimously. (5-0) . Case No. 85-13. Identification Si~n - Valentine Hills School Hicks moved, seconded by Hansen, to approve the Valentine Hills School identification sign as proposed. Motion carried unanimously. (5-0) Case No. 85-12, Lot Split and Lot Area Variance - Glenn and Nancy BeRRin, 4519 Lakeshore Place Miller explained that a lot split was previously approved contingent upon a registered survey indicating that there would be no variances for the existing home. Miller reported that the survey shows the house was not located as previously shown; split as proposed will create a lot about 1,400 square feet below the required 14,000 square feet minimum - a 10% variance. Miller reported that the Board of Appeals and Planning Commission have ., Minutes of Regular Council Meeting, September 9, 1985 Page three recommended denial of the area variance; noted that one member of the Planning Commission opposed the denial, noting that. the open area is there, even if the lot area variance is actually substantial; suggested options for considera- tion which would make the proposed lot less sub-standard than proposed. Another option was for applicant to obtain additional lot area by acquiring a portion of the lot to the south, which puts the applicant at the will of the neighbor, and makes no real difference for his building site. . Miller noted that the property to the south has been filled; lot is about 24,000 - 25,000 square feet, is substantially deficient in depth, but is a lot of record; noted that this lot does not lend itself to be split, even though it is large. Miller noted that the proposed Beggin lot exceeds the 95' lot width at the building line, building envelope meets all setbacks, but lot is deficient in area (12,600 square feet - 14,000 square feet required). Glenn Be~~in explained that the lot to the south has a drainage ditch 10' to IS' in width which cannot be developed; explained that he discovered a stake to the south of his property, but this stake was apparently not the property stake. Beggin said he has been active in protesting the filling of the lot to the south; therefore, it makes it difficult for him to now request the pur- chase of a portion of land from his neighbor. Beggin said there are many lots in the Chatham area that are the size of his proposed lot, or smaller; feels that crowding will never take place regardless of the ownership of the unbuildable areas to the south and west of his lot. Beggin reported that the watermain ends at his existing house; pointed out that access for the proposed lot could be changed from Highway 10 to Lakeshore Place, which would also add to the area of the proposed lot - (could cut across the front of the lot to the north including the southeast corner of this lot in the proposed new lot.) In discussion, it was noted that it seems it would be advantageous to acquire the 10' - IS' drainage area along the south lot line, noting that if granted legally, this area might, in fact, be filled at some time. Beggin described the 30' - 40' difference in elevation between the two lots since the property to the south was filled. Beggin said the property owner tried to fill this drainageway, which is controlled by RCWD and was told he could not. Hicks said that Council has an obligation to not create sub-standard lots. Hicks moved to deny the lot split which creates a lot less than the 14,000 square feet in the R-l District. Motion was seconded by Hansen. Sather spoke in defense of the applicant, stating that Council is asking the applicant to do business with a property owner who has acted in contempt of the City Code by illegally filling his property; feels Council should assist the applicant by condemning the necessary acreage and give the applicant the square footage he needs. Miller. said he believes the City must prove "public benefit" (beneficial to both parties) under the right of eminent do- main. Motion carried (Hicks, Hansen, Peck, Woodburn voting in favor of the motion; Sather voting in opposition). . Case No. 85-2, Amended Preliminary Plat - Ed~ewater Estates Miller explained the various road length proposals for Parkshore Drive, noting that the original cuI de sac as proposed was 590' in length. Miller reported approval of the Preliminary Plat was subject to reduction of the cuI de sac length to 500'; noted that if no change is approved tonight a 500' long cuI de sac would be required. Miller explained that at present the options are a 500' long or 390' long cuI de sac; reported that the Planning Commission recommends approval of the revised preliminary plat with a 390' cuI de sac, which Miller said will adequately serve both properties; noted that the shortened road does impact the park dedication by extending the park to meet the road. Council was advised that both landowners have agreed to a 390' Parkshore Drive cuI de sac. George Winiecki said they are in agreement, if that roadway h Minutes of Regular Council Meeting, September 9, 1985 Page four length is adequate for their needs. Hicks asked the reason for a reduced road length from 500' to 390'. Answer was, in order to reach a financial agreement between both property owners. Hicks said his concern is "traffic flow". Christoffersen said the reduced road length will not affect the traffic flow; noted that an additional right-of-way will be needed from the Winieckis for the shortened road (shown in cross hatch on the revised preliminary plat.) Hicks asked if the Winieckis are willing to grant the City an easement for the turn-around. George Winiecki said they had not dealt with this matter; stated they are willing to work with the City, but can't say what we'll do right now. McGuire said he will grant the easement for the street right-of- way. Hicks noted that the additional park land dedication appears to reduce the cash dedication; said he is not willing to trade the cash for the area of park land . which provides limited recreational benefit. Zappia (attorney for McGuire) explained that this land does benefit the City; reported that in arriving at the agreement between the property owners, the developer has given up a great deal in agreeing to a 2/3 " 1/3 cost split for the road; asked Council's acceptance of the park dedication (land and cash) as proposed (1.6 acres + .54 acres x value of raw land). Hicks moved, seconded by Hansen, that Council approve the revised Preliminary Plat (8/30/85) with Parkshore Drive 390' in length, subject to the granting of the additional right-of-way easement by the property owner to the south, and subject to a park dedication by the developer of 1.6 acres of land plus cash equivalent of .54 acres. Motion carried unanimously. (5-0) Proposed Improvement No. SS-W-P-ST-85-2, EdRewater Estates Mayor Woodburn opened the public hearing and Clerk-Administrator McNiesh verified publication of the Notice of Hearing in the New Bri~hton Bulletin on August 21 and 28, and that notices were mailed to affected property owners on August 28. George Winiecki addressed the motion made by Hicks relative to the Parkshore Drive cuI de sac easement dedication; asked if it could be changed to a "temporary" instead of a "permanent" cuI de sac; expressed concern that they may need this land when their land is developed. Christoffersen explained that a '''temporary'' is usually for a one or two year period, a defined -period of time; feels we need a "permanent" now; explained that it can be vacated at a later date. After a short conference between George and Jim Winiecki, George said they will give the easement for the additional right-of-way. Zappia said they now have a 100% petition for the proposed improvement (Edgewater Estates), which appears to negate the need for a public hearing. The public hearing was closed (10:40 p.m.). Hicks moved, seconded by Sather, that Council adopt Resolution No. 85-42, ORDERING CONSTRUCTION OF IMPROVEMENT NO. SS-W-P-ST-85-2 PURSUANT TO PETITION BY 100% OF OWNERS OF AFFECTED PROPERTY. Motion carried unanimously. (5-0) Request for Proposals, LaSalle Partners, Northwoods Site Miller explained that request for proposals is the approximately 27 acres south of 1-694, north of Red Fox Road; reported we were working with Opus ... Corporation when FMC asked for consideration for their proposal. Miller explained that the request is directed to Opus and the City to put a package together, including financial inducements. Miller reported that Opus is willing to work with FMC to incorporate FMC in their development if possible, and if this is desired by the City. Miller reported that the Planning Com- mission was shown a preliminary sketch of the Opus proposal,not i~cluding FMC, which he believes would be less intense than if the project would include FMC. McNiesh reported that she asked the kind of enhancements they are looking for from Arden Hills; gathered from talking with them that' this could include tax increment financing for the project and anything else City would like to offer such as site preparation, deferment of assessments, or actually putting in the needed streets and utilities. r . Minutes of Regular Council Meeting, September 9, 1985 Page five Lamb reported that he met with LaSalle representatives and the State Economic Development personnel; reported that no specific enhancements were requested -, want to know what the City will give them. In discussion, it was noted that the site has a proposal under study; City would look forward to FMC as a part of that proposal, if that is what FMC desires. It was noted that the City has not offered incentives to others. Miller reported that the City can make a direct response, if Council desires; noted that Opus will prepare a letter response, and will include the City's response if that is preferred. . Council concurred that the City is willing to work with Opus and FMC in the development of this 'property, but is not prepared at this time to offer any financial enhancements. REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN ChanRe Order No.3, Improvements Nos. 84-1 and 84-3, Roval Hills North and McClunR's Third Addition Council was referred to Change Order No. 3 recommended for payment by Christoffersen. Hicks moved, seconded by Peck, that Council approve Change Order No.3, Project Nos. SS-W-P-ST-84-1 (Royal Hills North) and SS-W-P-ST-84-3 (McClung Third Addition) in the amount of $1,064.00. Motion carried unanimously. (5-0) Approval of Five Year ProRram for MSA Improvements Council was referred to Christoffersen's report of 9/9/85 re suggested five-year program for MSA improvements. Christoffersen noted that his con- servative estimate of the cost of construction of Hamline Avenue is $900,000; recommends assessing at least 20% of the cost. In discussion, it was noted that Snelling Avenue is also in need of con- struction. Christoffersen explained that Snelling is not in the system to date; could probably look at MSA funds for Snelling in 1990-1991. Christoffersen was asked if MSA funds can be used to payoff bonds, after improvement has been completed. (Christoffersen to get more information relative to the options available for use of MSA funds, for Council's considera- tion.) Hicks moved, seconded by Hansen, that Council adopt Resolution No. 85-44, ADOPTING THE SCHEDULING OF MSA CONSTRUCTION AND SPECIFYING THE CONSTRUCTION OF HAMLINE AVENUE IN 1986. Motion carried unanimously. (5-0) Christoffersen suggested that a public hearing ordering the feasibility study for Hamline Avenue construction -in 1986, be held in January, and'that surveys along Hamline Avenue be obtained in 1985. Christoffersen explained that because this is not a petitioned project, a 4/5 vote will be needed to order construction. . Cable TV Construction on Katie Lane Mark Matthews referred Council to his letter of 9/6/85 relative to his cost estimate for connecting Katie Lane to the Cleveland Avenue trunk ($4,658) which would be a temporary connection, and to Stowe Avenue ($7,858) which would be the eventual connection of the entire Hazelnut Park, when developed. Bill Bauer said we are interested in getting service to Katie ~~ne from the Arden Hills trunk; noted that Group W is obligated to connect all Arden Hills residents to the Arden Hills trunk. Mannings, residents on Katie Lane, accepted Council's decision to require a permanent Katie Lane hook-up to the Arden Hills trunk as soon as possible. Appointment to Cable TV Advisorv Committee Mayor Woodburn appointed Bill Oberreit as a member of the Cable TV Advisory Committee for the balance of 1985. Minutes of Regular Council Meeting, September 9, 1985 Page six Hansen moved, seconded by Peck, to ratify the Mayor's appointment. Motion carried unanimously. (5-0) Park Dedication Status - Ospina/Anderson Site Hansen reported that the 10% park dedication for the entire Steak Inn site was settled on June 24, 1974, in the amount of $2,500 in cash plus ponding; noted that the Steak Inn site, at that time, included the site now proposed for development by Ospina/Anderson for a medical/dental facility; therefore, it appears that the park dedication has been paid for this site. Sather moved, seconded by Hansen, that the park dedication for Case No. 84-30, Ospina/Anderson Medical/Dental Facility has been satisfied. Motion carried unanimously. (5-0) Landscape Inspection Reports - Final Inspection and Release of Bonds Council was referred to landscape reports from Landscape Inspector Oelke. W. W. Grainger - 4444 Round Lake Road West. Hicks moved, seconded by Hansen, that Council accept the landscaping for the W. W. Grainger site, and authorize release of the maintenance bond. Motion carried unanimously. (5-0) Nielsen (Zycad) - 1315 Red Fox Road Hicks moved, seconded by Hansen, that Council accept the landscaping for the Nielsen site, and authorize release of the maintenance bond, subject to replacement of the dead plantings, noted in the report, at the west and southwest corner of the site. Motion carried unanimously. (5-0) OTHER BUSINESS Joint Finance Committee/Council Meeting Hicks moved, seconded by Hansen, that Council schedule the joint Finance/ Council meeting on September 19, 1985, as a Special Council meeting. Motion carried unanimously. (5-0) . (Peck to be absent) First Trust St. Paul Ad;usted Charges Peck referred Council to letter of 8/30/85 re adjusted fees charged for Registrar and Paying Agent Services; expressed concern that the fees have increased substantially in a very short period of time (less than one month); asked if City has an option. McNiesh reported that $4,000 has been budgeted in 1986 ($2,000 in 1985), before this increase was received; noted that this is the first issue where we have registered bonds - will research to see if we have an option. Brice Scott Property - Lake Johanna Blvd Hansen reported that the driveway was put in, and nothing more has been done. McNiesh reported that at the time of the hearing the driveway was in; assumes the Court will require completion of the rest of the work. League of Minnesota Cities - Senate Bill 1570 Hansen referred Council to Action Alert requesting support of S.1570 which would permit an exemption from the Federal Fair Labor Standards overtime pay requirements for state and local employees, permitting the use of compensa- tory time-off in lieu of overtime compensation. Hansen moved, seconded by Hicks, that Council adopt Resolution No. 85-45, A RESOLUTION SUPPORTING SENATE FILE 1570. Motion carried unanimously. (5-0) Fire Board Meeting Hansen asked Council's input re aq additional fire station in the south area; asked if Council feels there is aqeed for four or three stations in the three cities; asked Council's input re the possible re-location of the New Brighton Road station to a more centrally located site, askeq if Arden Hills is served satisfactorily from the two existing stations - are response times adequate? It was the general consensus of ~ouncil that Arden Hills keep an open mind re fire station sites, response time adequacy and other fire protection con- cerns. , -' . . - . , Minutes of Regular Council Meeting, September 9, 1985 Page seven Lexin~ton Avenue Brid~e Reconstruction Council reiterated its position that the 2% local share of cost is properly attributable to Ramsey County rather than to the cities of Shoreview and Arden Hills. McNiesh reported that Shoreview has asked MnDOT to change the construction schedule back to 1986 so Rice Street and Lexington will not be under construc- tion at the same time. . It was noted that the City and State are proposing to improve Hamline Avenue in 1986; noted that Arden Hills' businesses and residents would be jeopardized if Lexington and Hamline were both closed. The possibility of a delay in the Hamline Avenue project, because of the need for surcharging, was queried. It was noted that this is apparently not a problem; Hamline is scheduled for construction in 1986 -- surcharging will be completed this fall. McNiesh was requested to relay to MnDOT that Arden Hills concurs that the Lexington bridge construction should be delayed until 1987 so that Lexington and Hamline will not be under construction the same year. NSP Notification of Rate Increase Hicks referred Council to letter from St. Paul asking municipalities to join as a consortium to intervene in the electric rate case. After discussion, Council concurred that it would. not be involved at this time. Community Human Services Department - Representative Council was referred t request from Ramsey County Community Human Services Department requesting the City to appoint a representative to a community involvement task force committee to act in an advisory capacity to the depart- ment regarding the development and dispersal of residential care facilities. Council referred the request to the Planning Commission to see if someone on the Commission would like to volunteer to serve on this new committee, representing Arden Hills. REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MCNIESH Application for Payment - Allied Blacktop Council was referred to Application for Payment for 1985 Sealcoating, recom- mended for payment by the City Engineer. McNiesh reported that the $34,235.06 payment represents a 10% retainage. Hicks moved, seconded by Peck, to authorize the payment. Motion carried unanimously. (5-0) Review Schedule - 1986 Proposed Bud~et McNiesh referred Council to the calendar for the 1986 budget: September 12 - Finance Committee reviews proposed budget. September 19 - Joint Finance/Council meeting. September 30 - Public Hearing - Revenue Sharing Fund Budget. Council adopts budget and tax levy. Claims and Payroll Council was referred to two lists of Claims and two Payrolls. Hicks moved, seconded by Sather, to approve the Claims and Payrolls as . presented. Motion carried unanimously. (5-0) Adjournment Hansen moved, seconded by Peck, that Motion ~arried unanimously. (5-0) ~~~ Charlotte McNiesh Clerk-Administrator the meeting adjourn at 12:00 midnight. j(~~ Robert L. Woodburn Mayor