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HomeMy WebLinkAboutCC 06-10-1985 " . . .. MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, June 10, 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 Treasurer Donald Lamb, Planner Orlyn Miller, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Absent: Also Present: Approval of Minutes Peck moved, seconded by Sather, that the minutes of the May 28 Council meeting be approved as submitted. Motion carried unanimously. (5-0) Business From the Floor None REPORT OF PARKS DIRECTOR JOHN BUCKLEY Approval of Summer Play~round Instructors Council was referred to Buckley's memo of 6/6/85 re 1985 Summer Program Personnel. Buckley explained that there is a marked increase in morning pre-school registration this year; therefore, he recommends that two high school-age people be hired to assist the college-age playground leaders. Hansen moved, seconded by Hicks, that Council approve the hiring of 1985 summer program personnel as outlined in memo, including two high school-age leader-assistants at $3.00 per hour. Mo~ion carried unanimously. (5-0) Purchase of Play~round Equipment Council was referred to Buckley's memo of 6/6/85 re Recommendations for 1985 Playground Equipment Purchases. Buckley said he recommends wood materials or combination wood/metal for play equipment over brightly painted metals, because they blend into the park environment; reported he checked with other communities where similar equip- ment is in use and found they were satisfied with the equipment and are not experiencing maintenance problems. . Buckley listed the equipment purchases recommended as follows: - play equipment - Ingerson and Arden Oaks parks. - two sets of soccer goals - Cummings and Hazenut parks. - three swinging benches - Chatham and Arden trails and Cummings park. - six permanent park benches - Cummings, Arden Oaks, Hazelnut parks and pedestrian trails. Hicks moved, seconded by Peck, that as outlined in memo at a total cost (5-0) Council authorize the equipment purchases of $17,595. Motion carried unanimously. , Crepeau Nature Preserve Buckley reported that volunteers have assisted the Parks Committee in planting wild flowers, the last two weekends, in Crepeau Nature Preserve. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 84-30, Modification of Buildin~ Elevations, Medical/Dental Office on County Road E - Michael Rich Miller reported that significant elevation changes are proposed for the previously approved medical/dental office building on County Road E; explained that the footprint and building height remain the same; the roof line and window arrangement have been modified. Miller reported that the Planning Minutes of Regular Council Meeting, June 10, 1985 Page two Commission recommends approval of the modifications. Mike Rich (M. V. Rich Company) and Dr. Anderson were present at the meeting. Rich explained that the changes in the roof line are requested to eliminate the large valleys in roof in an attempt to avoid leak problems from heavy snow accumulation. Hicks moved, seconded by Hansen, that Council approve the elevation modifica- tions requested for the medical/dental office building. Motion carried unanimously. (5-0) Case No. 85-6, Minor Subdivision (Lot Split), 4519 Lakeshore Place, Glenn and Nancy Be~ain (Applicant was not present) Miller reported that there is an existing house on the lot; noted that the lot is of sufficient size to be split. Council was referred to a transparency of the proposed split. Miller reported that both lots meet or exceed area and dimensional requirements; noted that the average lot depth of the created lot is over 130' which is considered standard; reported that the Planning Commission recommends approval of the split as requested, contingent upon submission of a registered or certified survey of the two lots, verifying that the existing house is a minimum of 10 feet from the side property line. In discussion, it was queried whether fill has ever been placed on the lake side of the lot. Miller said he is not aware that it has; if so, it would have been some time ago. Miller noted that the existing drainageway is not a part of the Beggin lot. Hansen moved, seconded by Hicks, that Council approve the lot split (Case 85-6) pending submission of a registered or certified survey of the lots verifying the house sideyard setback at a minimum of 10 feet. In discussion, Miller explained that if the survey shows that the setback of the existing house is in variance, approval of the lot split would be voided. Miller explained that the drainage may have changed as the result of filling on the adjacent property, which probably affects the USFWS property more than the Beggin property. Miller reported that the Beggins have-no intention of filling the lot at this time; noted that the City might anticipate some filling on this lot in the f~ture. Motion carried unani- mously. (5-0) Case No. 85-5, Special Use Permit - Sports Medical Clinic at Arden Hills Club, Raymond Hendrickson Council was referred to Planning memo (5/28/85) and to Planning Commission recommendations (minutes of 6/5/85 meeting). Miller explained that the sports clinic is currently operating in the Arden Hills Club; noted that subsequent to the adoption of Zoning Ordinance modifications in December, 1984, medical clinics are now permitted in indus- trial districts by Special Use Permit; explained that parking adequacy is the major concern; noted that more parking spaces are required by Ordinance for medical clinics than for business and other professional offices; reported that the Code does not identify parking requirements for sports clubs; noted that the present parking lot provides 97 parking spaces. Miller said his personal survey indicates about 40% - 60% usage of the park- ing lot; noted that additional spaces would probably be needed if the lounge were operated at full capacity. Miller reported that the Planning Commission recommends approval of the Special Use Permit allowing continued operation of the sports clinic, with annual review of parking to assure parking adequacy. Dr. Hendrickson was asked how long he anticipates practicing alone. Hendrickson said he did have another doctor working with him for a short time; anticipates a second doctor in the clinic within a year; at present he is working seven days a week; needs someone to share office hours. " . . Minutes of Regular Council Meeting, June 10, 1985 Page three Hansen asked how an annual review of the parking will resolve a parking inadequacy. Miller explained that the parking area would have to be expanded or the City could withdraw the Special Use Permit. Miller explained that the Ordinance provides for an alternative - shared parking - which might be pursued, should it become necessary. This joint parking will require a properly drawn legal instrument, executed by the parties involved, and filed with the City. Hicks moved, seconded by Peck, that Council approve a Special Use Permit for continued operation of the sports health clinic within the Arden Hills Club, subject to annual review to determine continued parking adequacy. Motion carried unanimously. (5-0) . Case No. 84-5, Site Plan Revision - Arden Shoreview Animal Hospital, Dr. Richard Routhe Council was referred to Planning memo (5/23/85); Board of Appeals report (5/23/85), Planning Commission recommendations (minutes of 6/5/85). Miller explained that changes in the site plan are requested which alter the parking layout and setback of the parking. Miller indicated the proposed changes on transparencies of the previously approved plan, and the plan as proposed; noted that the area for walking animals is now proposed west of the building, enlarging the exercise area; noted that the number of parking spaces has been reduced by one space, but still meets the required number of spaces. Miller noted that a parking setback variance of 9' will be required from the Connelly Avenue right-of-way, as proposed (II' setback instead of required 20' setback); noted that also proposed is a 6' high fence at the II' setback. Miller reported that the Planning Commission and Board of Appeals recommend approval of the parking setback variance; Planning Commission recommends that the fence setback be at 20'. Dr. Routhe explained that the enlarged and relocated exercise area is more functional as proposed; area to the north is narrow and sloping, and will receive little or no sun, making it difficult to grow and maintain the needed grass area. Hicks asked what will be used in the winter if a grassed area is needed for exercising of the animals; asked if the area will be hard-surfaced at some later date. Routhe said there will be no need to hard-surface the area; proposes to use the most durable form of grass; feels the grass would be much more difficult to grow in the north, b~tween the fence and building. In discussion of the landscape changes proposed, Routhe said he has talked with Gerald Moore at St. Paul Book and Stationary; reported that S.P.B.& S. has a 10' wide strip abutting the animal hospital property which Routhe said he will sod in addition to the sod and shrubs proposed on the amended site plan. When asked what adjacent property owners feel about the 6' fence, Routhe said owners to the west and south have no objections. . The location of the trash container was queried. Routhe said the exact loca- tion has not been determined; it will be within the fenced exercise area, at a location most convenient for the pick-up contractor. Routhe said the exercise area is kept clean after each animal exercised; explained this is necessary to prevent contamination, from a medical standpoint; will also be done for aesthetic reasons; stated that animals will not be at large in the exercise area - all animals will be on leashes. Sather moved. seconded by Hansen, that Council approve the site plan revisions as recommended by the Planning Commission, approving the parking lot setback variance of 9 feet; fence to be at 20' setback along Connelly Avenue. Hicks moved to amend the motion to add, subject to landscape plan approval by the City Planner. Amendment was accepted by Sather and Hansen. Motion, as amended, carried unanimously. (5-0) Minutes of Regular Council Meeting, June 10, 1985 Page four Case No. 85-2, Ed~ewater Estates - Gerald McGuire Council was referred to Planning memo (5/30/85) and Planning Commission recom- mendations (minutes of meeting of 6/5/85). Miller reported that the Concept Plan of Edgewater Estates was approved in April, 1985; explained that the concept procedure is for the developer's benefit in determining issues related to land use, density and preliminary site design; explained that the applicant is now requesting General Plan and PUD permit approval of Phase I (8 single-family lots and the 37-unit apartment bUilding on Lot 14), Preliminary Plat approval of the entire Edgewater Estates site (including townhouse area) and Rezoning of Lot 14 from R-1 to R-3. Miller explained that the townhouses are proposed as Phase II and will also require rezoning from R-1 to R-3. In review of the Preliminary Plat, Miller explained that the existing house . will be removed; therefore, 8 lots, instead of 7 lots, are now proposed; noted that all lots meet or exceed the dimensional and area requirements, except Lot 6 which has an average depth of 125' (130' required). Miller said Lot 6 has an adequate building envelope, and is adjacent to a flowage easement which will remain as open space, so no problems are anticipated. Miller reported that the park land dedication is reduced by .88 acre from the approved concept plan; noted that the remainder of the park dedication will be in cash in lieu of land, which, according to Parks Director Buckley, is acceptable to the Parks Committee. Miller reported that the Planning Commission held the Public Hearing; the primary issues were: - Parkshore Drive extension. - Time of conversion from rental to condominiums. - Impact of USFWL easement on single family lots. Miller reported that the applicant desires to pursue vacation of a portion of the USFWL Service easement, as shown on the Preliminary Plat, which would be desirable, but USFWLS has said in the past they would not vacate, but would allow building on the easement above 890' elevation. Miller noted that the plan proposes a minimum basement elevation of 892.3. Miller reported that the densities meet those of the approved concept plan and were not an issue; reported that the Planning Commission recommends approval of the Phase I General Plan, Preliminary Plat of the entire Edgewater Estates parcel and the rezoning of Lot 14, to R-3 from R-1; noted that the vote was 3 in favor, I opposed, 1 abstention. Miller listed the recommended contingencies of approval - Refined exterior lighting and landscape plan. - Recordable document allowing buildings on the flowage easement, to be recorded with the Final Plat. - Resolution of the Parkshore Drive right-of-way. - Reduction of length of Parkshore Drive to SOD', adding the remainder to the park land dedication. - City Engineer approval of water storage and drainage. - Resolution of park dedication. - Resolution of Fire Chief's request that garage area of apartment building be sprinklered. McGuire referred Council to a rendering of the building elevation, as seen ... from the east; noted that the building will be of high quality construction. In discussion, the size of the penthouse in relation to the building was queried. It was described to be about 10%; is recessed 10' - IS' from the front of the building and about 35' in width. It was noted that McGuire talked about a 4 - 5 year conversion time, at the time of Concept Plan consideration; asked McGuire's response to this. McGuire said it is 9till his plan; stated it was presented exactly this way from the begin- ning - "they will be converted when it is feasible - this is still my plan." Minutes of Regular Council Meeting, June 10, 1985 Page five The level of exterior lighting, and how it will impact the townhouse area, was queried. Miller said he recommends, in addition to the building-mounted lights at the main entrance and garage entrance, that low-level lighting be provided at the site entrance, at surface parking lots and at the out- door recreation area. Miller noted that the apartment building is on a high part of the site; townhouses are at a lower elevation; explained that he has recommended more intense berming and landscaping to diminish the height of the building; feels the low-level lighting is needed for security reasons; noted that the applicant is willing to cooperate. In discussion of the Parkshore Drive right-of-way, George Winiecki said they want to cooperate with McGuire and with the City; noted that they don't know their costs for the sewer or their costs for the proposed road; reported that the City Engineer has given them a rough estimate for the road at $20,000 to $60,000. Winiecki said they are concerned about their costs and don't want to commit themselves; noted that 14 brothers and sisters are involved in the property south of the McGuire property; stated the marketability of their property has not been good; stated they would like to have some idea, closer than $20,000 - $60,000 for the road, and would also like to have the sewer costs. Council was referred to the City's apparent four options to resolve the right-of-way problem (page 5 of Planning memo). The various options were discussed. George Winiecki asked Council if there is an avenue of deferring assessments until their land is sold. McNiesh said there are legal provisions to defer; reported that the City has never done this. Winiecki suggested waiting a month, pending City Engineer's cost estimates. Zappia said McGuire does not want to inconvenience his neighbors, but time is critical; McGuire wants to proceed with the project; is amenable to 1/2 private road access; asked that Council consider their petition for utilities and street construction. McNiesh noted that, if the project is approved, the procedure would be to adopt a resolution Declaring Adequacy of Petition and Ordering Preparation of Report; noted that the petition is by more than 35% of property owners, which requires a Public Hearing on the Feasibility Report. Hicks moved, seconded by Woodburn, that Council approve the Edgewater Estates Phase I, General Plan, the Preliminary Plat of the entire site, and rezoning of Lot 14 from R-l to R-3, subject to: 1. City Planner approval of exterior lighting plan and landscape plan. 2. City Attorney's approval of a recordable document allowing buildings on the flowage easement on lots 6, 7 and 8, block 1. 3. Resolution with neighbor of right-of-way of Parkshore Drive. 4. Reduction of length of Parkshore Drive to 500'; change in length to be added to park land dedication. 5. City Engineer approval of drainage and grading plans. 6. Resolution of park dedication requirement prior to apartment building occupancy. 7. Resolution of garage sprinkling issue requested by LJVFD Chief. 8. Conversion from rental to condominiums within ten years. In discussion, Peck said he has trouble putting a time limit on conversion to condominiums. Hicks said this was the way it was presented; feels property owners have "pride of ownership"; therefore, feels property will be better maintained. It was explained by Zappia that this time frame will cause a problem in obtaining financing. Applicant will not be able to turn a shovel of dirt with a contingency like this. Zappia explained that it is impossible to foresee what the market or financing will be in future years. Hicks noted that the Arden Hills Council is comprised of "reasonable people"; if the situation is such that the conversion is not possible in the ten year time frame, "I'm saying that I would be reasonable about it." Sather asked Winieckis how long they have been trying to sell their property; would like to resolve the right-of-way of parkshore Drive. G. Winiecki said three to four years. Sather suggested that it be built as . . Minutes of Regular Council Meeting, June 10, 1985 Page six outlined and defer assessments for a certain period of time, or until sale of property, whichever comes first. Winiecki stated that it is hard to respond until we know the costs; asked McGuire how he'd feel about a 1/3 - 2/3 split (8 acres to McGuire's 21 acres). McGuire said he will not be able to get financing if a conversion time limit is a contingency of approval, and he won't be able to go through with the project; said he is anxious to shop for financing - needs approval from the City. Motion carried (Hicks, Hansen, Woodburn voting in favor, Peck and Sather voting in opposition.) Woodburn said he'd like the City Engineer to give Council a closer estimate . of the Park shore Drive road costs. Hicks said he feels this is up to the . applicant, if he wants the City to do this. Zappia said, with this lO-year contingency, it will make financing impossible. Zappia suggested that he present data relative to financing difficulties at a subsequent Council meeting. Environmental Worksheet Miller referred Council to the Environmental Worksheet and some recommended changes; reported the recommendations were agreeable to the applicant and worksheet has been revised accordingly. Hicks moved that Council accept the Environmental Worksheet as accurate and finds that an EIS (Environmental Impact Statement) is not needed. Motion was seconded by Hansen and carried unanimously. (5-0) Resolution No. 85-24, DeclarinR Adequacy of Petition and OrderinR Preparation of Report No action taken. Revised Proposal for ScreeninR Trash Containers - Arden Plaza, C. G. Rein Council was referred to McNiesh's memo (6/5/85) and to Planner's memo (12/11/84) re recommended screening possibilities. It was noted that the Arden Plaza tenants oppose screening of individual dumpsters as formerly proposed; consequently, Rein now proposes planting Scotch Pine between the existing trees to intensely screen the west side of the site. McNiesh reported that Woodbridge is amenable to the Scotch Pine screening proposal. Miller noted that they will provide almost immediate benefit; anticipates strong screening will take from four to five years to be effective. Hansen moved, seconded by Sather, that Council approve the revised Scotch Fine screening proposal. Hicks moved to amend the motion by adding that the planting is to be accomplished within 30 days. Peck seconded the motion. Amendment carried unanimously. (5-0) Original motion carried unanimously. (5-0) Revised Proposal - ScreeninR Satellite Dish at BiR Ten Supper Club, Jack . Welsch Jack Welsch apologized for not completing the fencing of the site and relocating of the satellite dish; reported that he is currently in the process of completing the fencing; advised that he cannot put the dish on the roof because the signal is now blocked from that position by the tower at 694 and 3SW. Welsch said he will screen the dish, in its present position, with a 6' high redwood fence; dish is about 8' high. Hicks moved, seconded by Hansen, that Council approve the screening of the dish as proposed. Motion carried unanimously. (5-0) 1 . . . Minutes of Regular Council Meeting, June 10, 1985 Page seven Peddler's Permit, Educational Books - Eric Dunlop Eric Dunlop described the books he proposes to sell door-to-door as study aids for grade school through college; reported he has worked south of the cities, in Burnsville, Northfield, Hastings, etc.; noted he proposed to work north of the cities this year (Shoreview, Roseville, Arden Hills); finds that Roseville does not permit door-to-door selling. Dunlop said the books are in two volumes, selling at $104.95; also will sell a set of children's books (ages 15 months through third grade) and one cook book. After discussion, Hicks moved, seconded by Hansen, that Council approve the peddler's permit for Eric Dunlop. (5-0) Park Dedication Pro osal - North ark Business Center Council was referred to McNiesh's memo (6/5 85) and Peck referred Council to tabulations he prepared relative to the cash park dedication of $57,611.52 over ten years versus 20 years. Peck recommended that Council accept 5% of $823,000 ($41,150) payable in equal installments over ten years at no interest. Hicks said he sees no reason to deviate from the 10% park dedication requirement. Hicks moved, seconded by Sather, that Council accept $57,611.00 (7% of $823,000, giving 3% credit for ponding) in ten equal annual payments start- ing at building occupancy; total balance to be paid at sale of the property. Motion carried (Hicks, Sather, Peck voting in favor of the motion; Hansen, Woodburn voting in opposition) (3-2) Sather said Council would be selling the community short if it accepts less. Proposed Cable TV Franchise Amendment - Combined HiRher Education and Private ColleRe Access Channel Wm. Bauer (Cable TV Committee Chairman) explained that the proposed amendment is a result of a combined higher education and private school access channel; noted that Commission believes the system provides more than ade- quate channel space; should access channels become full, Minnesota Cable Commission Board requires that additional channels be added. Bauer described the proposed amendment as a "housekeeping" amendment which has no effect on Group W's commitment for local programming and public access. Hansen moved to approve the franchise amendment as presented, and to intro- duce Ordinance No. 236 by title, AN ORDINANCE AMENDING ORDINANCE NO. 226 REGARDING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF ARDEN HILLS AND GROUP W CABLE. Motion was seconded by Sather and carried unanimously. (5-0) (City Attorney to put amendment into Ordinance form for Council adoption.) ChanRe Order No.2, Impr. 84-2, Lametti Addition Council was referred to Change Order No.2, Project No. SP-W-P-ST 84-2, in the amount of $856.00. Hicks moved, seconded by Peck, that Council approve Change Order No.2, Improvement SP-W-P-ST 84-2. Motion carried unanimously. (5-0) Quit Claim Deed to Cure Title AmbiRuity - Kenna Addition, 3568 RidRewood Road Hansen moved, seconded by Hicks, that Council approve the Quit Claim Deed as presented and authorize execution thereof. Motion carried unanimously. (5-0) ResiRnation - Finance and Public Safety Committees Sather moved, seconded by Hansen, to accept Janet Broberg's resignation from the Finance and Public Safety committees. Motion carried unanimously. (5-0) (McNiesh to thank Janet, on behalf of the Council, for her services to the Village.) . . Minutes of Regular Council Meeting, June 10, 1985 Page eight OTHER BUSINESS Fire Lane ParkinR Hansen referred Council to McNiesh's memo (6/S/8S). After discussion, Council concurred to request a letter from the Fire Chief listing all "Fire Lane - No Parking by Order of Fire Chief" locations to be kept on file at the City office. Public Safety Committee, Parks Committee and Next Council MeetinRs Hansen reported she will be out of town and will not be able to attend the June 17th Public Safety meeting, June 2Sth Parks meeting or the June 24th Council meeting. (Hicks to attend the Public Safety meeting, Sather to attend the Parks meeting.) . "No Peddlers" Ordinance Hansen suggested that Council consider adopting an ordinance prohibiting uninvited solicitors door-to-door, similar to that of Roseville. Council concurred to refer the matter to Lynden. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH AntiQue.ShoD LiGense. Lake JQ.hanlla Antiaues..3300 ^1ake Johanna Blvd., Hansen moved to approve the Antique Shop renewal license for Lake Johanna Antiques. 3300 Lake Johanna Blvd. for the balance of 1985. Motion was seconded by Peck and carried unanimously. (S-O) Completion of Probationary Period - Robert Raddatz Hansen moved, seconded by Peck, to approve the continued employment of Robert Raddatz as a regular Arden Hills employee. Motion carried unanimously. (S-O) North Lake Josephine Improvement Association Fireworks Permit Hansen moved, seconded by Hicks, to approve a fireworks permit for North Lake Josephine Improvement Association, at 1270 Ingerson Court, on July 4th from 8:00 p.m. to 10:00 p.m. Motion carried unanimously. (5-0) Claims and Payroll . Hansen moved, seconded by Peck, to approve the Claims and Payroll as presented. Motion carried unanimously. (S-O) Adjournment Hansen moved, seconded by Peck, that Motion carried unanimously. (5-0) the meeting adjourn at 11:OS p.m. C2h/rLi:ttY1/)/fJ~ , Charlotte McNiesh Clerk Administrator ~~~ obert L. Woodburn Mayor .