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HomeMy WebLinkAboutCC 7-26-1993�, �_ .�: ..� „ MINUTES ; CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING 3uly 26, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone. Councilmember Probst was absent. Also present were: City Engineer, Terry Maurer; Public Works Superintendent, Dan Winkel; Community Planning Coordinator, Brian Fritsinger; Administrative Secretary, Renee Kaulfuss; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. ADOPT AGENDA M�TION: Malone moved, seconded by Aplikowski, to adapt the July 26, 1993 agenda as presented. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES Councilmembgr Malone asked that the word "purchase" in the second line of page three of the July 12, 1993 minutes be changed to the word "provide"; the resulting sentence would read "... to indicate the City's interest and willingness to provide appropriate right-of-way . . . ". MOTION: Malone moved, secanded by Hicks, to approve the minutes of the July 12, 1993 Regular Council Meeting including the change to page three noted above. Motion carried unanimously (4-0). CONSENT CALENDAR MOTION: Hicks moved, seconded by Aplikowski, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve Developer's Agreement for Cottage Villas of Arden Hills (contingent upon final approval of lender). b. Approve expenditure geotechnical study improvement in the Program. of $4,000 to order a of the roads anticipated for 1994 Pavement Management Arden Hills Council c. d. e. f. g• h. July 26, 1993 Approve Resolution #93-38 - Accepting bid & authorizing execution of contract in the matter of structural refurbishing, sandblasting & repainting of Fernwood Water Tower. Approve payment of Pay Estimate No. 1 in the amount of $56,147.31 to T.A. Schifsky and Sons, Inc. for work completed on the 1993 Pavement Maintenance Improvement (bituminous overlay). Approve payment of Pay Estimate No. 3(final) in the amount of 55,336.50 to Machtemes Construction, Inc. for completion of 1992 Keithson Pond Impravements. Approve for publication the ordinance summary of Ordinance #294 relating to parking regulations. Approve request for door-to-door canvassing by Freedom Place, Inc. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS CASE #93-08 VARIANCE FOR GARAGE BERNIE ORTT, 1419 ARDEN PLACE Cvmmunity Planning Coordinator Fritsinger explained that Bernie Ortt, 1419 Arden Place, has applied for a variance to sideyard setback to accommodate a garage he is proposing to construct at that address. Fritsinger stated that City Code requires a 10' sideyard setback for the subject property, however, due to the position.of the existing driveway (which is a shared driveway with the adjoining property owner to the east) and the position of existing mature trees, the Applicant has requested a variance to the sideyard setback requirement. Fritsinger reported that the Planning Cammission reviewed the Applicant's original request at their regular June 1993 meeting and denied the variance on the basis that they did not find that "hardship" required for the granting of a variance had been demonstrated. He added that the Applicant is now before Council to appeal the Planning Commission's denial. � Arden Hills Council 3 July 26, 1993 Fritsinger noted that at the Planning Commission meeting, the Commission reviewed a proposal for a 24' X 26' garage, which would be located at an angle to the side property line whereby the front carner of the garage would encroach five feet on the required sideyard setback, and the back corner of the garage would encroach a lesser amount. Fritsinger stated that since the Planning Commission action, the Applicant has revised his proposal by reducing the size of the garage to 22' X 26' and moving the garage slightly more to the rear of the property, the affect of those revisions being that the front corner of the garage would be seven feet from the property line (an encroachment of only three feet on the sideyard setback) and the rear corner of the garage would be 11 feet from the property line (exceeding the minimum 10' sideyard setback requirement). Hicks cammented that the Applicant, by revising his plans, has attempted to reduce the sideyard setback encroachment to the extent practical, and in fact, considering that the garage is planned to be at an angle with the side property line, the "average" sideyard setback on the revised proposal is nine feet, an "average" encroachment of only one foot. Hicks recalled that the property owner to the east of the Applicant took action a few years ago to acquire a strip of property along the common 1ot line, effectively moving the common lot line closer to the Applicant's home. The Council was advised that if that acquisition had not occurred, the Applicant could construct the proposed garage without the need for a variance. The Applicant commented that the acquisition of the strip of property along the common property line took place prior to his ownership of the subject property. He added that he has been told that the reason for the shifting of the common property line was to allow the property owner to his east to park his boat and stack fire wood along his garage without encroaching on the common lot line. Mayor Sather commented that the Applicant currently has no garage and prohibiting the construction of a garage could be construed as denying the Applicant reasonable use of his property. He reiterated that the Applicant has attempted to reduce the encroachment to the extent practical without sacrificing mature trees. \ Arden Hills Council 4 July 26, 1993 MOTI�N: Hicks moved, seconded by Aplikowski, relative to Case # 93-08, to grant a three foot sideyard setback variance to allow the Applicant to construct a 22' X 26' garage on the subject property. The basis for the granting of this variance is that 1) Construction of a garage of the proposed dimensions is reasonable use of the subject property, 2) Previous movement of the common lot line between the subject property and the lot to the east has resulted in limited space in which tn locate a garage without the removal of mature trees from the subject property, and 3) The proposed garage is to be placed at an angle to the property line, therefore, the "average" sideyard encroachment will be only one foot. Motion carried unanimously (4-0). CASE #93-09 DISCUSSION OF SEWER EASEMENT VACATION & RECONNECTIONlEXTENSION - STEVE NEL50N, 3280 SANDEEN ROAD Mayor Sather reported that per information from staff, Steve Nelson is currently involved in negotiations with his neighbor which could have an affect on this case, therefore, at the Applicant's request, it would be appropriate to defer consideration of this case until the regular August 9 Council meeting. MOTION: Hicks moved, seconded by Aplikowski, to defer consideration af Case #93-09 until August 9, 1993 per the Applicant's request. Motion carried unanimously (4-0). SANITARY SEWER SERVICE REQUEST WARREN HANSON PROPERTY Public Works Superintendent Winkel recalled that the City recently approved a subdivision of property creating four lots from the Warren Hanson property. He added that Mr. Hanson now has a prospective buyer for one of the lots created (Lot 2, Block 1), and has been working with City staff to determine what options are available to provide sewer service to that lot. Winkel reviewed the following four options and the pros and cons and estimated costs of each: 1. 2. Construct unknown) Construct along the a holding tank on Lot 2, Block 2-(cost a service line on Hanson property extending south property line - (cos� about $6,000) , Arden Hills Council 5 July 26, 1993 i 3. Extend sewer main located on Lexington Avenue to the southeast corner of Lot 1, Block l, and then the owner could extend a service line to this main -(cost about $21,000) 4. Expand the gravity sewer line alang Shoreline Lane across the Bachman property -(cost about 58,000) Winkel stated that staff's recommendation is option 2 since optivn 4 does not appear to be acceptable by Bachman. Councilmember Malone asked how the other four created lots propose to manage sewage. Winkel explained that sanitary sewer service is readily available to Lot 2, Block 2 and Lot 1, Block 2 through connection to readily available existing lines, and that Lot 1, Block 1 has the option of arranging connection from Lexington Avenue or hook up to whatever arrangements are made for Lot 2, Block 1. He emphasized that the only problematic lot is Lot 2, Block 1 because it is landlocked and has no existing sanitary sewer line readily available. Winkel noted that if option 2 were chosen, it would require the sewer line to cross a City easement (the Shoreline Lane '� ' right-of-way). He commented that if option 2 were chosen, there would need to be an understanding between the City and the awner of Lot 2, Block 1 that the crossing of the Shoreline Lane easement would become null and void at such time in the future as Shoreline Lane were improved, and alternate sewer arrangements would then need to be made. City Engineer Maurer added that option 2 assumes that Lot 2, Block 1 would connect to the service available to Lot 1, Block 2. He strongly recommended that the connection be a private sewer service arrangement between the two property owners rather than the line becoming part of the City's sanitary sewer system. He said that the City could consent to the private sewer service arrangement, but given the unique circumstances in this case, he recommended the City not have ownership or maintenance responsibility. Maurer added that the "private sewer service" he recommends is a feasible approach and the only formal action required of the City is for the City to consent to that arrangement. The prospective buyer for Lot 2, Block 1 expressed concern regarding being required to hook up to the City's sanitary sewer service should Shoreline Lane be improved sometime in the future. Arden Hills Council 6 July 26, 1993 Councilmember Malone commented that the most sensible way ta provide sewer service to Lot 2, Block 1 would be by crossing the adjoining property owned by Mr. & Mrs. William Bachman, but since the Bachmans do not appear to be agreeable to such crossing, the City is attempting to find a way for Lot 2, Block 1 to be usable with some kind of sewer service. Hanson asked if the "private sewer service" arrangement wauld require a specific width of easement. Maurer said since the arrangement would be a private matter between the property owners the easement arrangement would also be a private matter. Maurer added, however, that if Hanson were successful in negotiating a crossing of the Bachman property, that option would result in a City-owned sewer extension and the City would require appropriate easements. Councilmember Hicks reminded the Applicant that upon the sale of any of the lots created by his subdivision, Hanson is then responsible to pay established park dedication fees. Hanson said he was aware of that requirement. MOTION: Malone moved, seconded by Hicks, to endorse a private sewer service arrangement in the configuration referred to as option 2, and grant permission for the private sewer service to cross the City easement known as Shoreline Lane, with the understanding that permission to cross the Shoreline Lane easement would cease at the time of improvement of Shoreline Lane, and the Applicant or successive owner(s) would then be required to connect to the City's sanitary sewer service. Motion carried unanimously (4-0). COUNCIL COMMENTS SNELLING AVENUE/T.H. 51 BARRICADE Administrator Person r�ported that correspondence was recently received from Tom O'Keefe from MNDOT indicating that MNDOT prefers not to make significant changes to the Snellinq Avenue/T.H. Sl barricade, but they will provide more "shaping" of the barricade. STORM WATER MANAGEMENT PLAN Administrator Person reported that correspondence has been received advising that Rice Creek Watershed District has approved the City's Storm Water Management Plan pending City approval of an ordinance to implement the Plan which the District will pursue, and has passed a resolution to that affect. � Arden Hills Council 7 July 26, 1993 ARDEN PLACE DRAINAGE Councilm�mber Hicks reported that drainage problems in the Arden Place neighborhood (discussed at length several months ago by the City Council and affected neighbors) continue to plague the Dale Noyed property at 3505 Ridgewood Road, and given that situation, City staff and the City Engineer have been asked to again consider what corrective measures are passible. ADJOURN MOTION: Hicks moved, seconded by Aplikowski, to adjourn the meeting at 8:22 p.m. Motion carried unanimously (4-0). Thomas R. Sather, Mayor porothy A. Persan, C1erk Administrator NOTICE OF MEETINGS: The next regular Council meeting will be held August 9, 1993 at 7:30 p.m. at City Hall. The next Council worksession will be held August 17, 1993 at 4:30 p.m. I