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HomeMy WebLinkAboutCC 03-12-1984 ~ ~ ,.. Minutes of Regular Council Meeting Village of Arden Hili s Monday, March 12, 1984 - 7:30 p.m. Village Hall Cal I to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:36 p.m. Roll Call Present - Mayor Robert Woodburn, Councllmembers Dale Hicks, Kathleen Rauenhorst, Thomas Mulcahy, Michael Christiansen (7:42 p.m.) Absent - None Also Present - Treasurer Donald Lamb Planner Orlyn Miller Clerk Administrator Charlotte McNlesh Deputy Clerk Dorothy Zehm Approval of Minutes Mulcahy moved, seconded by Hicks, that the Minutes of the February 27th Council Meeting be approved as amended. Motion carried unanimously. (4-0) Business from the Floor Non,e REPORT OF VILLAGE ATTORNEY JAMES LYNDEN (absent) Case No. 84-1, Amended Special Use Permit - Mounds View HIQh School Council was referred to draft of First Amendment of Special Use Permit... Case No. 78-23. Rauenhorst moved, seconded by Mulcahy, that Council approve Amended Special Use Permit - Mounds View High School (Case No. 84-1). MotIon carried unanImously. (4-0) (ChristIansen arrived at meeting.) Park DedIcation - Daniel VauQhan Council was referred to AGREEMENT FOR CONVEYANCE OF PARK, drafted by Gary J. Meyer, and recommended for approval by Attorney Lynden (letter of 3/9/84). Mulcahy moved, seconded by Hicks, that Council approve the AGREEMENT FOR CONVEYANCE OF PARK, as drafted. MotIon carried unanImously. (5-0) REPORT OF VILLAGE PLANNER ORLYN MILLER Board of Appeals Recommendation re Building Permit for Geodesic Structure. 1688 Chatham Avenue - Steven HaQen Council was referred to Minutes of the Board of Appeals public meeting of March 1, 1984, and to BuildIng Inspector Squires' Chatham House Style Audit (3/5/84). Miller reported that the Board of Appeals unanimously upheld the BuIldIng Inspectors decision to deny the Building Permit for the geodesic structure In the Chatham addition, and briefly outlined some of the reasons on which Its decision was based: 1. Architecture of geodesic structure Is not In character wIth the neighborhood. 2. Other Chatham home owners had a limited choice In selection of house styles. 3. Intent of the Planned Unit Development was to maintain uniformity. Minutes of Regular Council Meeting Monday, March 12, 1984 Page Two ~. Steven Hagen expressed his comments to Council relative to his request for appeal: 1. Only a handful of the Chatham residents (6 or so) were somewhat narrow-minded In their reaction to the structure which Is architecturally different from theirs. One concern was that people will drive through Chatham to look at the dome; a rather lame reason for not permitting the structure. Hagen saId he felt he had to exhaust al I possibilities; feels the . house plans presented by Ban Con were a marketing gimmick, not required by the Special Use Permit; said he feels somewhat backed Into a corner - If he had the time and money, he'd pursue It; for now, wi I I leave this option open. Woodburn explaIned that there Is prescrIbed procedure whIch the CIty must follow; explained It Is not CouncIl's Intent to use up an applIcant's resources. Hagen asked the next step In the procedure. Woodburn answered that It Is the vote by Council. Raymond Kreps said he Is a general contractor; purchased a lot for Inv~stment purposes In the Immediate area; does not oppose domes, per se, but not on the lot proposed. Kreps said the dome would tower over his lot; feels domes look totally dIfferent from other homes and would look better alone; the dome would look strange In the Chatham area. Jeff Stewart, 1687 Chatham, said he lIves across the street; does not think the dome belongs In Chatham; expressed his exhaustion with the matter. Vernon Massey, 1675 Chatham Avenue, reported he had to choose his home from a selection of pattern homes; feels the geodesic structure Is a business venture; upset that neighbors have to keep returning for thIs same thing. Fred Baude, 3708 Chatham Court, commended Mr. Squires for hIs action to deny the BuIlding PermIt; feels the Planning Commission should have paid more attention to the conditIons of the Special Use Permit; feels that the residents have no assurance this questIon will not arise agaIn; should make sure sItuations like this will not arise; feels he Is not "narrow-minded" but Is "conservative minded". Woodburn explained that the Special Use PermIt Is peculiar to Chatham, and certain other residential Planned Unit Developments In the City; In other residential areas, the City would have no control over a situatIon such as this. HIcks moved, seconded by Rauenhorst, that CouncIl upholds Building Inspector Squires decision to deny the Building Permit on the basis that the proposed structure does not meet the architectural requirements of the Special Use PermIt. . In further discussIon, Christiansen saId he does not agree that sufficient architectural restrIctIons were set up In regard to Chatham. Hicks countered that a package of exterior house styles were shown, from whIch purchasers of homes In Chatham could choose; noted that In Squires' audit of these house styles, all 127 houses fit the house styles, with minor changes. Christiansen said his objectIon Is on a technical poInt; feels the City did not handle the architectural restriction In the proper manner at the time. Minutes of Regular Council Meeting Monday, March 12, 1964 Page Three . Mulcahy asked for clarification on Squire's Chatham House Style Audit; asked why homes on Brighton Way were not Included; noted these homes were not built by Ban Con and are not Ban Con style houses. Mulcahy said he feels the survey Is defective In this respect; Is dIsappoInted that the survey did not cover the entire Chatham development; also queried why another house, across from the proposed geodesic lot, was approved, and does not conform to the Ban Con house styles; contended that the Ban Con house styles were a marketIng strategy, not the City's strategy. Mulcahy stated that the Councl I should be more careful In the future; feels t~e control of house style was not put In place In Chatham as It was In Hunters Park and, recently, In the Lamettl AdditIon. Mulcahy saId he agrees with the neighbors that the geodesic Is not a design that will fIt the area, but feels Hagen has his rights also. Rauenhorst saId she favors the motion; feels the decision to deny Is the sensible one based on the documentation material presented. Woodburn stated he feels the general Idea of zoning applIes here; people had a reasonable Idea, when they purchased theIr homes, of the type of development to expect; feels this Is the type of thing resIdents should be able to expect from their City. MotJon carried (Hicks, Rauenhorst, Woodburn voting In favor of the motIon; ChrIstiansen, Mulcahy voting In opposltlonl. (3-21 Case No. 64-5. Special Use Permit for VeterInary Animal Hospital. 1261 West County Road E - Richard H. Routhe Councl I was referred to Board of Appeals recommendation (3/1/641, PlannIng memo (2/27/641, Engineer's letter (3/5/641 and to PlannIng Commission's recommendations (Minutes of 3/7/641 Miller displayed a transparency of the proposed site; noted that the 2400 square foot veterinary hospital, as proposed, requIres two 10-foot varIances - for the side and rear; feels these varIances are Justifiable based on the hardshIp of restricted use of the property caused by the required 50' setback from two streets for a parcel only 120' x 120'. Miller reported that Board of Appeals and Planning Commission recommend approval of the two setback variances; noted that the Planning Commission recommends approval of a Special Use Permit for the veterinary anImal hospital. Miller referred Council to a letter from Nordby (K.G. Nordby and Assoc- Iates, Inc. I (3/5/641 In response to the contingencIes suggested In the Planning memo (page 31; reported that the sign wIll be moved to conform to the required setbacks; "ServIce and Employee Parking Only" sign wi II be Installed at the north side of the north drIveway, wi II address and adJust planting areas after verIficatIon of the location of N.S.P. underground electrical cables Is receIved. Routhe read a brIef description of how he plans to run the hospital; proposes to name It "Arden Shorevlew Animal HospItal" which Is a facility designed to provide complete health, medical, surgIcal and emergency services to companIon animals. . Normal hours of operation: 9:00 a.m. to 6:00 9:00 a.m. to Noon Emergencies on an p.m. - Monday thru - Saturday "on-call" basis Friday Also wI II provide "animal house call servIce" for elderly and handicapped animal owners In the area. Facility wi II provide for boarding of animals. Mulcahy reported that he attended the PlannIng Commission Meeting; feels the Planning Commission was extremely thorough In Its review of the proposal, questioned every aspect. Minutes of Regular Council MeetIng Monday, March 12, 1964 Page Four Rauenhorst moved, seconded by Mulcahy, that Council approve the Special Use Permit for the veterinary animal hospital. After discussion re the contingencIes recommended by the Planning Commission, Rauenhorst amended her motion to add the following contingencies: 1. VerifIcation of location of underground electrical lines adJacent to existing sidewalk and adJustment of plant locations If necessary. 2. Approval of plant selections by City Planner. Amendment was seconded by Mulcahy. Motion on amendment carried 'tt unanimously. (5-01 Motion on motion as amended carried unanImously. (5-01 Case No. 84-6. Site Plan RevIew - Office/Warehouse. Round Lake Road West - Nielsen and Associates Realty. Inc. Councl I was referred to Planning memo <3/1/641, Engineer's letter (3/5/841 and Planning Commission recommendations (minutes of 3/7/641. Miller displayed a transparency of the proposed site plan, reported that a 67,500 square foot office/warehouse Is proposed (54,600 squ.are foot building, plus mezzanlnel; noted that no varIances are required; proposal represents maximum site development and Is In complIance with al I ordinance requirements. Miller reported that the Planning Commission recommends approval of the site plan as proposed; explaIned that the developer proposes to rent the facility; at thIs time, It Isn't known whether It will serve one or several tenants; consequently, some flexIbility Is requested as to the exact location of truck docks, offices etc. Miller explained that a transmission line easement extends across the front of the site, within whIch ~.S.P. limits plant heights. MIller noted that the developer wi II have to check on these, and possIbly adJust plant materIals to conform to the required limita- tIons. Miller noted that the City EngIneer recommends that certain engineering computations and drawings be submItted (letter of 3/5/64); reported that the PlannIng CommIssion's recommendation of site plan approval Is contIngent upon submission of the documentation recommended by the CIty Engineer. BIll PeregrIne, architect, presented a slightly revIsed sIte plan which Is responsive to Engineer Christoffersen's recommendations; noted that a baffled wier Is provided In the south east corner of the sIte, between the l-year raInfall pond and a crushed rock spIll- way and storm sewer outlet; noted that another 100 year pond Is located at the west of the site; Peregrln explained that the desIgn and capacity of the holding pond and spIllways have not been determined to date; noted that the truck return radius has been corrected to 25 feet as recommended. Peregr'n reported that RCWD approval Is pendIng. HIcks moved, seconded by Mulcahy, that CouncIl approve the revised site plan for the Arden HI lis OffIce/Warehouse (Case No. 84-6, - Nielsen and Associates Realty, Inc.I, contingent upon final land- scape plan approval by the Planning CommIssion and Councl I prior to building occupancy and contIngent upon the submission of requested computations and drawings for approval by the City EngIneer. . In discussIon, Miller noted that he had recommended, In his memo, the provisIon of an alternative parking layout, which would reduce the wIdth of the service area to provide greater setback for accom- modating the grade differential at the south property line; noted this would require some re-organlzatlon of the site; plan as It Is proposed meets ordinance requIrements. Motion carrIed unanimously. (5-01 Minutes of Regular Council Meeting Monday, March 12, 1964 Page Five Hicks moved, seconded by Rauenhorst, that the park dedication for the Nielsen and Associates Realty, Inc. office/warehouse be resolved prior to building occupancy. Motion carried unanimously. (5-01 . Case No. 64-4. Site Plan Review - BulldlnQ Expansion. 4440 Round Lake Road West - Scholls. Inc. (applicant not present I Council was referred to Board of Appeals recommendatIon (3/1/641 and Planning memo (2/27/641 re proposed expansion of Scholl's offlce/ warehouse buIlding on Round Lake Road West. Miller explained that a setback variance of 5' Is needed for the ex- tended north wall of the warehouse because of an ordinance change after the original building was built. (setback of building Is IS', requIred setback was 10' and was changed to 20'1. Miller noted that the parking requirements were also changed resulting In a deficiency of 16 spaces, as proposed. Miller explained that the proposal Is to construct a 4,000 square foot addlton to the office portion of the existing building (east side), and a 51,800 square foot addItion to the west end of t~e existing warehouse; noted that the expanded building meets all other code requIrements. Miller explained that the additional 16 parking spaces can be easily accommodated, and he recommends that they be shown on the site plan; suggested that they can be actually pro- vided later, If needed. Miller reported that the Board of Appeals and Planning CommIssion recommend approval of the 5' setback variance; explained that the Planning Commission has requested an alternative plan to revise the streetsldedockage area - some alternatIves to the direct docks access suggested were: I. ElimInate the front dock area. 2. Narrow the throat and provide an on-site turning area. Miller explained that the dock area Is considered essentIal to provide flexibility for possIble lease of a portion of the warehouse, and Is also desired to provide better access to that portion of the very large warehouse, even If used exclusively by Scholl!, Inc. MIller reported that a landscape plan and lighting plan have not been submItted to date; the existing plan should be updated for this phase of constructIon. Concern was expressed by Woodburn relatIve to the 5' setback variance; noted the 20' setback requirement has been In effect for four years; Queried the advisability of grantIng variances Just because of a change In ordinance requirements. . Rauenhorst app II cant. (5-01 moved to table action until Councl I can hear from Motion was seconded by Mulcahy and carrIed unanimously. Continued Discussion re Assessment Polley - Impr. No. 83-6. Sewer Extension South of Round Lake Woodburn advised of problems encountered re notification and also finding a suitable facilIty to adequately serve ~he anticipated number of people at the public hearIng. Mulcahy moved to reconsider the motion of February 27, 1964, adopting Resolution No. 64-7, ACCEPTING THE FEASIBILITY STUDY AND SCHEDULING THE PUBLIC HEARING FOR IMPROVEMENT SS-83-6. Motion was seconded by Hicks and carried (Mulcahy, HIcks, Christiansen, Woodburn votIng In favor of the motion; Rauenhorst voting In opposItion. (4-11 . > MInutes of Regular Council Meeting Monday, March 12, 1964 Page SIx Concerns were expressed re the large assessment area originally proposed, justification for assessment in areas currently served by sanitary sewer. actual benefit to property owners In developed areas etc. In discussion, ther percentage of north area properties that have previously paid a sewer Interceptor assessment WaS queried, answer _ none have had a sewer Interceptor assessment; also QuerIed was the actual properties that have paid an area assessment, but not a front footage assessment, answer - not known at this time. Another consideration was general taxes vs assessment. Mulcahy moved, seconded by Rauenhorst, to rescind Resolution No. 64-7, and re-deflne the area for assessment. Motion carried unanimously. (5-01 . Council concurred to refer the revised area to Engineer Christoffersen, to draw suggested boundaries for Council's consideration at the March 26th meeting. MunicIpal Caucus Request to Adopt ResolutIon RecommendlnQ that State of Minnesota Local Government Aid Formula Be Frozen For Fiscal Year 1965 - Council was referred to sample resolutIon as adopted by the City of Shakopee. Hicks moved to adopt Resolution No. 64-8, RESOLUTION RECOMMENDING THAT THE STATE OF MINNESOTA LOCAL GOVERNMENT AID FORMULA 8E FROZEN FOR FISCAL YEAR 1965. Motion carrIed unanImously. (5-01 Status Report - North Suburban Cable CommIssion - William Bauer Bauer reviewed the status of cable In the north suburbs: - Group W cannot, and wIll not, build the system orIginally proposed. - Commission Is looking for ways to cut costs. - Reported that federal deregulation Is pending; It mayor may not pass this session; feels deregulation will pass at some tIme. - Control of subscrIber rates, he feels, will be lost eventually; rates wIll rise to whatever the market will bear; noted that some of the Commission members feel that control of the rates Is the most Important. Bauer feels control of hardware, services and sIgnals etc. Is of higher priority. - CommIssion authorized legal counsel to negotiate with Group W; to maintain the $7.95 basic rate with an Increased rate In pay servIces; noted that the proposal has not been adopted, but negotlatlon of the proposal has been authorIzed. The orIgInal and March 1st 1964 proposal were reviewed by Bauer (copIes were dIstributed to Counclll. . Options, suggested by Bauer and by Council members, were also discussed; after which Christiansen moved, seconded by Mulcahy, that Council Issue a directive to Bauer to convey to the Cable Commission, that Arden Hills wi II not accept any proposal reducing channel capacity from the original 107 channels. After discussion on the motion, the motion passed (Christiansen, Mulcahy, Hicks, Woodburn votIng In favor; Rauenhorst In opposltlonl. (4-11 Committee Resignation and AppoIntments A letter of resIgnatIon from Board of Appeals Chairman Gary Thorn was circulated among the CouncIl members. ... . . n Minutes of Regular Council Meeting Monday, March 12, 1964 Page Seven Rauenhorst moved to accept Gary Thorn's resignatIon with regrets and extend Council's appreciation for his long servIce to the City, and to appoint Rich Savage to serve as ChaIrman of the Board of Appeals for the balance of 1964. Motion was seconded by Hicks and carried unanimously. (5-01 Woodburn noted that a vacancy now exists on the Board of Appeals. Names of volunteers for servIce on various committees were reviewed. McNlesh was requested to Invite the volunteers to vl~lt the committee meeting In which they have a special Interest. Approval to Participate In Health Fair Council was referred to Buckley's memos of (3/8/641 and (2/23/841. Rauenhorst moved, seconded by Hicks, that Council approve Arden HII Is participation In the Channel 11 Health Fair April 30, 1964. Motion carrIed unanimously. (5-01 Other Business John Kelly, New Brl~hton Pollee Dept. Rauenhorst reported receipt of a phone call from John Kelly re a proposed New Brighton/Arden Hills Pol Ice Department, suggesting a meeting with the Council. Rauenhorst moved, seconded by Hicks, that Council meet with John Kelly re a pollee contract at the March 26th Council Meeting at 7:30 p.m. The Athletic Con~ress of the USA Council was referred to letter from TAC/Mlnnesota expressing Its apprecIation to the City of Arden Hills, and In particular City employees Charlotte McNlesh and John Buckley, for use of the Village Hall and assistance In secur.ng a site for a long dIstance running championship which was successfully conducted on the arsenal property. REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE McNIESH Schedule Public HearlnQ on Revised Uses of Federal Revenue Sharln~ Funds for 1963 Councl I was referred to McNlesh's memo of March 6th re suggested revised use of 1963 Federal Revenue SharIng money. Hicks moved, seconded by Rauenhorst, scheduled on March 26th at 9:30 p.m. (5-01 that the public hearing be MotIon carrIed unanImously. PendlnQ Le~lslatlon AffectlnQ Clerks CouncIl was referred to McNlesh's notes, explaining reasons for opposing certain portions of pending legislation. Publication of Council Minutes and Claims Approved After discussion, Rauenhorst moved, seconded by Hicks, that Council adopt ResolutIon No. 84-9, OPPOSING PROPOSED LEGISLATION RELATIVE TO PUBLICATION OF ALL COUNCIL PROCEEDINGS IN OFFICIAL NEWSPAPER. Motion carried unanimously. (5-01 Proof of State Income Tax ComplIance Prior to Issuln~ Business LIcenses CouncIl unanimously opposed enforcement of the State Income Tax law by citIes. (Cover letter and resolution to be sent to Legislators Bennet, Knaak and Clawson.1 Completion of ProbatIonary Period - RobIn Miller Council was referred to McNlesh's memo. Rauenhorst moved, seconded by Hicks, that CouncIl approve the continued employment of Robin MIller as a regular employee at $4.50/hour, as recommended In memo. Motion carrIed unanImously. (5-01 Minutes of Regular CouncIl Meeting Monday, March 12, 1964 Page Eight Claims and Payroll ChrIstiansen moved, seconded by Rauenhorst, that Council approve the Claims and Payroll as submitted. Motion carried unanimously. (5-01 Purchase of FIle Cabinets and Stora~e Rack McNlesh requested authorIzation to purchase two four-drawer file cabinets and one computer data storage rack at a cost of $509.66 ($9.88 over budget). Hicks moved, seconded by Rauenhorst, that Council approve the $509.66 expendIture. Motion carrIed unanimously. (5-01 Adjournment Christiansen moved, seconded by HIcks, that the meeting adJourn at 12:05 a.m. Motion carried unanImously. (5-01 ~0~fiLL Charlotte McNlesh Clerk Administrator <<~~ Robert L. Woodburn Mayor Notice of Meetln~ The next Regular Council Meeting wIlt be on Monday, March 26, 1984, at 7:30 p.m. at the Village Hall. <' ... . .