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HomeMy WebLinkAboutCC 10-09-1990 , MINlJI'FS OF THE ARDEN HILlS REGUIAR mUNCIL MEEl'ING TUESDAY, OCTOBER 9, 1990, 7:30 P.M. - CTTY HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. . ROLL CALL The roll being called the follCMing members were present: Mayor Thomas Sather, Councilmernbers Nancy Hansen, Paul Malone, JoAnn Growe and Thomas Mahowald. Also present: Planner John Bergly, Park Director John Buckley, Public Works Supervisor Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iaga. AOOPI' AGENDA Hansen moved, seconded by Malone, to adopt the October 9 Agenda as sul::mitted. Motion carried unanimously. (5-0) APPROVE Growe moved, seconded by Mahowald, to approve the MINlJI'FS September 24 Regular Council Minutes as sul::mitted. Motion carried unanilnously. (5-0) mNSENT Malone moved, seconded by Mahowald, to adopt the Consent CALENDAR Calendar as sul::mitted and authorize execution of all necesscu:y dOCl.mlel'lts contained therein: a. Approve Final Payment - Bituminous Consulting. b. .Ackr1avledge Howard Johnson/McGlire's Inn Corporate Officers Clange. c. Appoint Election Judges - 1990 General Election. d. Approve Resolution No. 90-37, Premises Pennit for Class B License, Pull Tabs, for MS 8=iety at Howard Johnsons. e. Approve Final Payment, Midwest Asphalt, Hazelnut Trail Paving. f. Authorization to Begin 509 Water Management Plan. . g. Approve Fall Pro;Jrarn Instructors. h. Approve List of Claims and Payroll. Motion carried unanilnously. (5-0) PUBLIC a::MMENTS WINTER PARKING council was referred to a rnem::>randurn from the Clerk ORDINANCE Administrator dated 10-5-90, regarding recent canplaints received from residents on the new winter parking ordinance and the year-round parking regulations. Berger noted two written canplaints were received from Mr. Daniel Donohoo, 3175 Hafner Court, Shoreview, and Mr. Kurtis Ault, 1473 Arden Oaks Drive. He stated one or both residents may be present to discuss the parking regulations. The Clerk advised a survey of surrounding communities, regardi.n; winter and year-roun:l parking regulations, is attached for Council review. He explained Arden Hills appearS to be more restrictive in its regulations. Mayor Sather asked if there was anyone present to speak on this matter. Dan Donohoo, 3175 Hafner COurt, Shoreview, referred Council to his letter dated 10-5-90. He advised he had contacted 13 communities relative to parking regulations and found only two restrict parking between the hours of 2 and 6 a.m. . . Donohoo stated his opposition to the 11: 00 p.m. restriction for parking on the street. He explained he considers persons parking in his driveway a nuisance, in .- the event he may have to move his vehicles. He also noted he contacted several residents and they also expressed displeasure with the new parking restrictions. Minutes of the Arden Hills Regular Council Meeting, October 9, 1990 Page 2 PARKING (Cont'd) May= Sather questioned if Donohoo is a resident of Arden . Hills. Donohoo explained he is not currently a resident of the City, however, he is plannin;J to move into Arden Hills and conunented he does not want to live in Arden Hills if this ordinance is in effect. Clerk Administrat= Berger stated the winter parking regulations restrict parking on the street between october 15 and April 15. Berger noted the six hour parking restriction has been in effect for a rn.unber of years. He advised the rationale for adopting the new winter parking ordinance was based on the limited manpower for plowing City streets and the number of vehicles parking on the street that delay effective snow plowin:J' and llIaintenance during the winter months. Mayor Sather explained the six hour parking ban was placed in effect a number of years ago, due to the narrowness of older streets in the City and for public safety purposes. Councilmernber Hansen stated she has lived on Lake Johanna Boulevard for a number of years and it has always been a "no parking" street. She explained residents learn to adapt to the parking restrictions. Hansen also advised the ordinance was reviewed by the Public Works/Safety Committee in depth pri= to recommendation to Council. She discussed how ineffective issuance of parking citations has been in the past and the problems the city has experienced durin:J' the winter months with plowing. . Councilmernber Mahowald advised Mr. Donohoo that, =ntrary to the a=tion in his letter, the City is attemptin:J' to notify each resident of the new parking ". regulations; a statement will be sent in the utility billings, announcements have : been made on Cable TV and in the local newspapers. He stated that although the letter suhnitted by Donohoo has some valid points, in his opinion the method of composition is undesirable; statin:J' facts would be better serve the purpose than the sarcastic remarks in the letter. Jiln Fitzgerald, 1371 Floral Drive, stated the residents did not receive notification that a new ordinance was bein:J' =nsidered by Council. He questioned if the winter parking ordinance replaces an old ordinance or is newly enacted. Mayor Sather advised the city Code did have a provision f= winter parking regulations and the new ordinance "enhances" the old regulations. He stated the ordinance does not become effective until October 15 and it may be premature to change the regulation at this time. Sather suggested the Council and staff review the ordinance next year to determine if the enhanced regulations are effective. Public Works SUpervisor Winkel stated he will advise the Public Works employees to evaluate the time spent plowing during the winter months and keep records to assist Council in detennining the effectiveness of the ordinance next year. Councilmernber Growe agreed that the 11:00 p.m. restriction llIaY be too early to prohibit vehicles from parking on the street during the winter months. She suggested a possible change to 12 = 1:00 a.m. . Winkel stated he would prefer to keep the 11:00 p.m. restriction at this time, . due to the =ent level of manp::IWer and evaluate the time frame next sprin:J'. Minutes of the Arden Hills Regular Council Meeting, October 9, 1990 Page 3 ORD. #273; PROP'D Council was referred to a memorandum from Planner Bergly IDRA'roRIUM, elated 9-5-90, a draft of the ordinance as prepared by the . LEXINGI'ON AVENUE City Attorney elated 8-23-90 and the Planning Cormnission SI'UDY AREA minutes of 10-3-90, relative to the proposed nmatorium for the Lexington Avenue study Area. Bergly reported the plan has been f=rded to the Metropolitan Council for their review and recornrnendation. He explaine::J. initial response from the Met Council is a request f= a traffic study; based on a miscalculation of the acreage involved. Council questioned when the Met Council review will be completed. Bergly stated the review will probably be aCCOllg;>lished in two or three months. '!he Planner explaine::J. that an application was heard by Planning Cormnission relating to development of a site in the study area; the City has the option to waive the ordinance if the development is consistent with the new guidelines developed for the proposed rezoning of this area. Malone moved, seconded by Mahowald, to adopt Ordinance No. 273, AN ORDINANCE ADDING SEX:TION XIV 'ill APPENDIX A OF '!HE ZONING ORDINANCE OF '!HE CITY OF ARDEN HILLS RErATrnG 'ill '!HE IMPOSITION OF AN JNI'ERIM DE'VEWFMENr IDRA'roRIUM. Motion carried unaniJrously. . (5-0) ,~E #90-11; SUP Council was referred to Planner Bergly's report and the aruRO:l, HWY 96 & Planning Commission minutes dated 10-3-90, relative to SNELLING AVE; srs. the application for a Special Use Permit/site Plan Review .' VOIDDYMYR & OIGA f= a House of Worship at Highway 96 and Snelling Avenue. Planner Bergly discussed the revisions in the previously suJ::xnitted site plan as ,'" - relate to parking setbacks, landscaped area and removal of three residences previously proposed on the site. He noted the Planning Cormnission recommen:led approval of the SUP and site Plan, based on the findings listed in the minutes as Items A thru E, and noting corrlitions of approval as Items F thru 1. Council1nen1ber Mahowald questioned if the parking is reduced on the revised plan. Architect Frank Niemuth explained the parking area was rec:onfigured and the nurober of parking spaces reduced to ao.;u,......Jdte the 100 ft. setback frem residential property, as required. Planner Bergly explaine::J. the applicant has not shown a need for requiring additional parking and the number of parking spaces provided meets the rn:ini1num requirements of the zoning code. Council questioned" if the applicant attempted to negotiate purchase of the property to the west of this site and if the land is obtaine::J. will the site plan be revised. '!he architect stated the applicant is still negotiating with the property owner to purchase the westerly parcel; if the land is obtained the plan will be rec:onfigured. . . Council1nen1ber Mahowald questioned if Park Dedication is required on tax exenpt property and if a stipulation should be attached to suJ::sequent approval of the application. '!he Planner advised that park dedication was required for the North Heights Illtheran Church site and should be attached as a condition of approval. Minutes of the Arden Hills Regular Council Meeting, October 9, 1990 Page 4 ~E #90-11 (Cont'd) Council1nember Growe questioned if a precedent will be . established by allowin:; the courtyard area to be included as part of the lan:Jscapin:; percentage calculations for this site. Planner Bergly advised that Council could identify the rationale for allowin:; the CXlUrt:yard area to be utilized in the calculations. CouncilIneJnber Malone recalled that Carroll's Furniture was allowed to utilize a concrete island as part of the "open space" requirements; it appears the intent of the courtyard design is to give the effect of 1an:i..c:r.>1F area. Malone expressed. concern regarding the followin:; items: 1. Parking; :must provide adequate on-site parking spaces. 2. storm water retention plan. 3. Bell TowerjOrimes proposed in the phased const:J:uction; if nuisance complaints received from surrounding residential areas may have to restrict use. Malone requested to be placed on record as advisin:; the applicant that off-site parking will be strictly enforced, due to the narrowness of City streets. The Planner advised the proposed parking exceeds the min:imum spaces required for churches, auditoriums, etc., in the zoning code. Bergly stated the applicant is proposin:; to divert the storm water to a catch basin located on site; the RCWD has issued a: permit for the site. He noted the . Corps of Engineers has also issued a wetlands permit and MNjOOl' has authorized an access permit from Highway 96. Malone discussed the storm water :runoff which will be metered off-site from the p::>ncling area shown on the plan. The architect advised the En:Jineer has reviewed the plan. There was discussion regardin:; the proposed bell tower j ch:imes. Malone reminded the applicant that if objections are received from surrounding residential development, the chimes may have to be adjusted in the future. CouncilIneJnber Hansen questioned if a lightin:; plan is suJ:::rnitted with the site plan. Planner Bergly advised the lightin:; plan was suJ:::rnitted and meets code requirements . Fire Chief Winkel questioned the width of the interior streets between parking spaces and if the facilities have sprinkler systems installed. The architect stated the interior streets are approximately 25-30 ft. in width and should a=ornmodate emergency vehicles for access. He noted toth the church and parish hall have sprinkler systems proposed for installation. . The Planner advised Council the signage plan suJ:::rnitted has no changes proposed . and meets all code requirements. 8ergly noted that two actions are required for approval of the application; approval of the Special Use Permit and site Plan. Minutes of the Arden Hills Regular Council Meeting, october 9, 1990 Page 5 CASE #90-11 (CONT'D) Mahowald moved, seconded by Growe, that Council approve . Case #90-11, Special Use Permit for a House of Worship, . Highway 96 an:l. Snelling Avenue, based and corrlitioned upon items A thru I, as listed in the Planner's report and Planning Commission minutes dated 10-3-90, a copy of Vlhich is attached and two additional Items: J. Applicant satisfaction of park dedication requirement prior to issuance of a Wilding permit and K. Fire Chief review an:l. approval of site plan. Motion carried unanimously. (5-0) Mahowald moved, seconded by Malone, that Council approve Case #90-11, Approval of the Revised site Plan suJ:mitted 10-3-90, and corrlitioned upon the Fire Chief's review and approval of the site plan for access of emergency vehicles and no occupancy pennit being issued prior to resolution of park dedication. Motion carried unanimously. (5-0) John Buhajenko extended thanks on behalf of the =ngregation an:l. invited Councilmernbers to atten:i a cerelOClny at the Church site on Saturday, October 13, at 3:00 p.m. CASE #90-14j SITE Council was referred to the Planner's report and Planning PLAN REVIEW, 3776 Commission minutes dated 10-3-90, relative to the CONNOLLY AVE, par application for site Plan Review for a building addition o GOlD BINGO HAIL, at the Pot 0 Gold Bingo Hall, 3776 Connolly Avenue, Louie LOUIE WAlSH Walsh. . Planner Bergly ~lained the initial approval f= the Bingo Hall conversion from a lumberyard was granted in 1986. He advised. at that time the site plan review included determining the number of parking spaces, landscaping plan development . an:l. lighting. Berglyadvised at this time the applicant is proposing a 14 ft. x 80 ft. building addition to aCCOlllIOOdate a nonsmoking area for bingo players. He 'noted the parking . which is =rently located in the area of the proposed addition will be relocated to the northerly area of the site. The Planner advised. the northwest corner of the site is =rently a gravel surface an:l. City ccxie requires parking areas be hard-surfacedj the applicant should be required to install a hard-surface in this area of the site, whether or not approval is granted for the building addition. Bergly stated the Planning Commission recarnmerrled denial of the request, based on 1. The =rent status of the Iexin;Jton/Fox rosiness study area, which is now un:ier a development moratorium and the expansion does not meet the proposed guidelines for rezoning of this areaj and, 2. Due to the lack of =rrplete documentation suJ:mitted by applicant for site plan review. The Planner stated Commission suggested the applicant may ~lore the possibility of creating an interi= area for nonsmokers, which would be separated from the main area by use of glass walls, and may be less ~ive than a building addition. Councilmernber Hansen stated opposition to expanding the facility at this time and expressed =ncern regarding the appearance of the Wilding and site in general. . . She suggested the applicant be required to install a hard-surfaced parking area and perfonn a general upgrade of the existing buildings on site. Hansen recalled she =ntacted city, staff on several occasions during the last few years to have the mechanical equipment on this site screened. Minutes of the Arden Hills Regular Council Meeting, October 9, 1990 Page 6 CASE #90-14 (COnt'd) Councillnernber GrCMe also stated opposition to the . proposal, due to the moratorimn enacted by Council action this evening. She advised she recently viewed the interior of the bingo hall and there appears to be enough space inside to enclose an area for nonsmoking. Growe also expressed concern that the hard-surfaced area has not been installed over the past four years the hall has been in operation. councillnember Malone questioned if the pav:in::J of the parking lot area was a condition of approval when the original site plan was reviewed by Council in 1986. Planner Bergly stated the Council action did not specifically require the paving, however, hard-surfaced area is required by City code. Malone explained in an I-1 District the builcJ.irg meets current code and the applicant sul:xnitted the application one month prior to the :i1t1position of the moratorilllU. councillnember Malone suggested if approval is granted the applicant be advised the monies spent on expansion of the facility will not be recouped in the future, based on the proposed development guidelines and rezoning of the area and that iroprovement of the parking area be a condition of approval. Mayor Sather agreed with Councillnernber Malone that the..application be considered for action and stated it may be difficult for le;Jal counsel to defen::i action to deny based on the moratorimn :i1t1position, He also agreed the applicant should be . required to install the paved area within a thirty day period. Marlyn Damman, representing American Business Women's AssoCiation, stated she is appalled by the condition of the b:in::Jo hall and Council should review the operation of the hall. DaJmnan confirmed that there is sufficient area inside the facility to enclose an area for nonsmoking patrons. She reviewed the recent dispute between management and renters of the facility regarding the amount of space and cost of rental; indicated the management is request:in::J the addition to justify higher rental fees for the charities operat:in::J at the hall. councillnember Malone stated the city cannot regulate the operation of the bingo hall management, only regulate the build:in::J meet:in::J code requirements. Malone moved, seconded by Sather, to approve the site Plan Review, Case #90-14, for a builcJ.irg addition at the Pot 0 Gold Bingo Hall, 3776 COnnolly, subject to the property owner be:in::J notified of the following: l. That with the intended rezoning of the property, the building will become nonconforming and future modifications will not be pennitted without uwrading of the facility; 2. That a builcJ.irg pennit for the addition will not be issued until the surfacing of the parking area is installed in the northwest area of the site to accornrrodate parking and meet code requirements; and, 3. That ten additional parking spaces will be added in the northeast corner of the site, to accarnmcx:late reIOOval of parking for the builcJ.irg addition, and the railroad spur reIOOved, prior to issuance of a builcJ.irg pennit. Motion failed. (Malone, Sather voting in favor; Hansen, GrCMe and Mahowald opposed) (2-3) . Planner Bergly recommerxied that action for denial of the application include . rationale. - Minutes of the Arden Hills Regular Council Meeting, October 9, 1990 Page 7 CASE #90-14 (coot'd) Mahowald moved, secon:J.ed by Growe, to deny case #90-14, . . site Plan Review for a building addition at the Pot 0 Gold Bingo Hall, 3776 Connolly Avenue, and request staff to notify the applicant of such action based on the following findings of fact: 1. Inadequate documentation suJ::mission to the Planning Cormnission and Council for site plan review, as required by Section 8-E of the Zoning Code. 2. The applicant has not satisfied code requirements relating to iIrprovements to parking areas in conjunction with approval of the site plan in 1986 and issuance of the building pennit for this site. 3. The Council intent is to impose a development moratorium to accomplish a rezoning of this area and, therefore, does not wish to proceed with ~ion of a facility which does not fall within the proposed rezoning guidelines at this time. Motion ca=ied. (Mahowald, Growe, Hansen voting in favor; Malone and Sather opposed) (3-2) APPROVE PERMANENT Council was referred to a memorandum from Park Director EMPLOYEE STATUS; Buckley dated 10-3-90, re=mmending permanent employee CYN'IHIA SEIlERI'SON status. and a salary increase f= the Program SUpervisor. Councill1lember Hansen recalled this position was initially proposed as a t.eD.poraryjtrial position to see if more activities and funds are generated. Councill1lember Malone questioned the tenninology of "highly satisfactory" employee . performance;sugaested the Park Direct= use the tenninology outlined in the performance guidelines. Mahowald moved, seconded by Growe, to approve the .. q . .permanent employee status of PrO:Jram SUperVisor Cynthia severtson, upon completion of her six month probationary period and acceptable performance evaluation, and authorize a salary increase to $10.85 per hour, retroactive to September 13, 1990. Motion carried unan.i1rously. (5-0) Councill1lember Malone suggested that reconunenclations for salaried employees wage in=eases be presented to Council as an annual salary figure and hourly employees recormnended increases be presented as hourly wage rates, for clarification purposes . Malone requested the Clerk Administrator consider the appropriate job classification for this position and a point value for comparable warth purposes; noted the city had no such position when comparable worth surveys were initially =mpleted. RECIASSIITCATION; Council was referred to a report from Clerk Administrator PUB. WKS. SUPERVISOR Berger dated 10-4-90, relative to reclassliication of TO PUBLIC WORKS the Public Works SUperVisor position to Public Works SUPERINTENDENT Superintendent. Berger stated Council directed staff to prepare a reclassification of the . position and prepare an appropriate job description and salary schedule for the new title. He advised the r1.fM job description urrler ''Major Responsibility Area", . ., Item #2, reflects responsibilities which are indicative of a higher level position and more closely resemble the duties currently performed by Winkel. ------ . Minutes of the Arden Hills Regular Council Meeting, October 9, 1990 Page 8 FWS (COnt'd) Council discussed the method for determining annual . salary adjustments for enployees and the possibility of scheduling annual adjustments to coincide with enployee anniversary dates. Clerk Administrator Berger explained the rationale for salary adjustments on the pay schedule on an annual basis and the salary adjustments for new enployees as they became IOClre experienced on the job. Council concurred to discuss salary practices in conjunction with the proposed personnel policy which will be reviewed at the November worksession meeting. Malone moved, seconded by Growe, to reclassify the position of Public Works SUpervisor to Public Works SUperintendent, based on the job des=iption prepared by the Clerk Administrator which more closely reflects the job duties performed by the enployee, and that the new position title become effective November 1, 1990. Motion carried unanlinously. (5-0) Malone moved, secoooed by Growe, that effective November 1, 1990, Daniel Winkel be classified as Public Works SUperinterrlent, be placed at step 4 in the salary schedule for the newly created position, and be advised that his anniversary date for the position will be November 1. Motion carried unaniJnousl y . (5-0) DISC; IDRKSESSION council con=ed to discuss the following items at the WPICS, OCIOBER 22 October 22 Worksession meeting: 1. Water study; 2. MEEI'lliG Assessment Policy; 3. COmmittees; 4. Keithson Pond. . Deputy Clerk Iago reported Mr. Tim Nelson has asked to be placed on the agenda for Council worksession to discuss parking at 1275 Red Fox Road. council suggested Iago contact Mr. Nelson and request he atterrl the November worksession meeting. Hansen moved, seconded by Growe, to schedule a Council Worksession at 4:30 p.m., Monday, October 22, and to schedule a Special Council meeting at 6:30 p.m., Monday, October 29, to discuss the status of Keithson Ponel. Motion carried 1.ll1aIlimously. (5-0) Mayor Sather requested Engineer Maurer be present at the 10-22-90 worksession meeting to give an up:late on the Keithson Pond and directed staff to contact the residents of Keithson Drive to request atten:lance at the 10-29-90 special meeting to discuss the pond. mtlNCIL <XMMEm'S MISCELJ:ANIDUS Council1nernber Hansen advised the RCLLG Meeting will be RCLLG & SIGNS held on October 17 at 7:00 p.m., at Shoreview city Hall. Hansen suggested staff review the parking situation at Howard Johnsons, relating to the two parking spaces along County Road E. tt SIOOE AVENUE eouncil1nernber Malone reported on the stOOe Avenue Meeting with the residents and Ramsey County representatives. . ----..--- Minutes of the Arden Hills Regular Council Meeting, October 9, 1990 Page 9 CITIZEN SURVEY Councilmember Growe asked if the citizen survey results ar.e available at this time. . Clerk Administrator Berger stated he will contact Decision Resources to check on the status of the survey. Counci1lnember Mahowald advised the City Hall committee included the survey as an agenda item at their next meeting and requested any infonnation be forwarded to the committee. He further requested the Finance committee members be invited to attend the 10-17-90 City Hall Committee meeting to discuss possible financing of a new facility. FINANCE CXM-II'lTEE Councilmember Malone reported that the Finance committee has reviewed the decorative street lighting proposal and a recommendation will be forwarded to Council in the near future. He reported on the policy adopted by the City of Burnsville. ADJOURN Mahowald moved, secoooed by Hansen, that the meeting be adjourned at 10:00 p.m. Gary R. Berger Thomas R. Sather Clerk Administrator Mayor . NOITCE OF MEETINGS There will be a Council Worksession Meeting held on Monday, October 22, 1990, at . 4:30 p.m., at city Hall. There will be a Special Council Meeting held on Moroay, October 29, 1990, at 6:30 p.m., at city Hall. The next Regular Council Meeting will be held on Moroay, October 29, 1990, at 7:30 p.m., at City Hall. '"