HomeMy WebLinkAbout07-28-14-R 'It
,-AlQEN HILLS
Approved: September 8, 2014
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
JULY 28, 2014
7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City
Council meeting at 7:01 p.m.
Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave
McClung, and Ed Werner
Absent: None
Also present: City Administrator Patrick Klaers; Director of Finance and Administrative
Services Sue Iverson; Public Works Director Terry Maurer; Associate Planner Matthew
Bachler; City Planner Ryan Streff; Finance Analyst Kyle Howard; and City Clerk Amy
Dietl
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to approve the meeting agenda as presented. The motion carried
unanimously (5-0).
2. PUBLIC INQUIRIES/INFORMATIONAL
Steve Gericke, 1840 West County Road E, commented that his water bills were extremely high.
He questioned why senior rates were no longer offered. He asked what the average daily usage
was for Arden Hills' residents. He encouraged the City Council to reexamine the water rates.
Director of Finance and Administrative Services Iverson indicated that she could provide this
information to Mr. Gericke.
Mayor Grant explained that the City water rates were set in a manner to cover the expense
incurred for the City to provide the service and reported that the City was not making money on
the water rates being charged.
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 2
3. STAFF COMMENTS
A. TCAAP Update
City Administrator Klaers stated that the Infrastructure Study contract was awarded to Kimley-
Horn and meetings are starting to be held on various parts of the project. Kimley-Horn attended
the July 14th work session to discuss storm water and drainage/wetland issues. Kimley-Horn will
be at the August 11th work session to discuss trunk sewer and water issues. Additionally, Kimley-
Horn is holding City-County staff work sessions in preparation of the City Council meetings.
City Administrator Klaers explained that part of the overall TCAAP Master Plan, the
Alternative Urban Areawide Review (AUAR), is on the City Council agenda tonight for
consideration. Once this environmental document is approved, a notice of this decision will be
submitted to the Environmental Quality Board(EQB) for publication.
City Administrator Klaers indicated that the Joint Development Authority(JDA) is scheduled to
meet on Monday, August 4th at 5:30 pm. The agenda for this meeting is still being developed, but
one of the known agenda items will be to discuss the Energy Task Force applications.
City Administrator Klaers reported that special and regular City Council work sessions have
been scheduled to discuss issues related to the Master Plan and City infrastructure. Discussion
topics are tentatively planned as follows:
July 28, 2014, Regular Meeting at 7:00 pm, Council Chambers
• Consider approval of Final AUAR and Mitigation Plan
August 11, 2014, Special Work Session at 5:30 pm, Community Room
• Water and Sewer System Review(Infrastructure)
• Density/Maximum Residential Unit Discussion
August 18, 2014, Regular Work Session at 5:00 pm, Council Chambers
• Workshop with Gateway Planning
o Discuss Performance Based Zoning process
o Discuss zoning elements and framework
o Present zoning sections 1 — 7 (Introduction, Components of the Code, Administration,
Definitions, Schedule of Uses, Building Form and Site Development Standards,
Building Design Standards)
August 25, 2014, Special Work Session at 5:30 pm, Community Room
• Discuss Zoning Sections 1 — 5 (Introduction, Components of the Code, Administration,
Definitions, Schedule of Uses)
September 8, 2014, Special Work Session at 5:30 pm, Community Room
• Spine Road and Grading Design Review(Infrastructure)
• Discuss Zoning Sections 6 — 7 (Building Form and Site Development Standards, Building
Design Standards)
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 3
September 15, 2014, Regular Work Session at 5:00 pm, Council Chambers
• Workshop with Gateway Planning
o Discuss comments and direction on Sections 1 — 7 (Introduction, Components of the
Code, Administration, Definitions, Schedule of Uses, Building Form and Site
Development Standards, Building Design Standards)
o Present Zoning Sections 8 — 12 (Street Design Standards, Parkland Standards, Open
Space Standards, Streetscape and Landscape Standards, Sign Standards)
September 22, 2014, Special Work Session at 5:00 pm, Council Chambers (4th of 5 Mondays)
• Final Discussion of Zoning Sections 1 — 7 (Introduction, Components of the Code,
Administration, Definitions, Schedule of Uses, Building Form and Site Development
Standards, Building Design Standards)
September 29, 2014, Special Work Session at 5:30 pm, Community Room
• County Road I and Thumb Road Design Review(Infrastructure)
• Discuss Zoning Sections 8 and 11 (Street Design Standards, Streetscape and Landscape
Standards)
Staff anticipated that additional regular and special work session meetings will be scheduled to
discuss TCAAP issues. Future meeting topics will be defined as those dates draw nearer.
B. Transportation Update
Public Works Director Maurer reported that the Highway 10/County Road 96 project had
entered the punch list phase and that the noise wall was being painted. He reported that the pond
at the northwest corner of the intersection was now complete.
C. Night to Unite Update
City Clerk Dietl stated that the sixth annual Night to Unite is Tuesday, August 5, 2014, and will
be held from 5:00 to 9:00 p.m. The Ramsey County Sheriff's Office has provided the City with a
list of the 24 hosts that have registered their neighborhood gatherings. Those who registered will
be visited by community officials, fire departments, and Ramsey County Sheriff's Office
representatives.
Councilmember Holden requested that staff provide the Council with handouts on the new
recycling program prior to Night to Unite.
4. APPROVAL OF MINUTES
A. July 9, 2014, Special City Council Work Session
B. July 9, 2014, Regular City Council Meeting
Councilmember Holmes noted several changes to the July 9, 2014, regular City Council minutes.
MOTION: Councilmember Holden moved and Councilmember Werner seconded a
motion to approve the July 9, 2014, special City Council work session minutes
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 4
as presented; and the July 9, 2014, regular City Council meeting minutes as
amended. The motion carried unanimously (5-0).
5. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item - Claims and Payroll
B. Motion to Approve 2014 2nd Quarter Actuals
C. Motion to Approve Updated Credit Card Policy
D. Motion to Adopt Resolution 2014-038 Accepting Donation from the Arden Hills
Foundation
E. Motion to Approve Cost Share Agreement with Ramsey County for TCAAP
Infrastructure Analysis
F. Motion to Award Trail Maintenance Quotes
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein. The motion carried
unanimously (5-0).
6. PULLED CONSENT ITEMS
None.
7. PUBLIC HEARINGS
None.
8. NEW BUSINESS
A. Approve Resolution 2014-037 Adopting the TCAAP Final AUAR and
Mitigation Plan
City Planner Streff stated that an Alternative Urban Areawide Review (AUAR) is a form of
environmental documentation through Minnesota State Rules that evaluates development
scenarios (or several scenarios) for an entire geographical area rather than a specific project. In
October 2013, the City of Arden Hills issued an order for an AUAR for the TCAAP study area,
which Ramsey County is preparing for redevelopment.
City Planner Streff reported that the City Council reviewed the Draft TCAAP AUAR and
Mitigation Plan on June 30, 2014, during the City Council work session. At that meeting, the
Council provided final comments on the plan before the plan was distributed to other state
agencies and the Metropolitan Council.
City Planner Streff indicated that in order to comply with the Minnesota EQB (Environmental
Quality Board) rules, a 10-day objection period was given to the State agencies and the
Metropolitan Council. No objections were received on the AUAR or Mitigation Plan. He noted
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 5
that the next step in this process is for the City Council to pass a resolution adopting the TCAAP
Final AUAR and Mitigation Plan.
City Planner Streff commented that the TCAAP Final AUAR and Mitigation Plan were included
in the agenda packet. Beth Kunkel from Kimley-Horn is in attendance to explain the AUAR and
Mitigation Plan and answer any questions the Council may have.
Staff recommended that the Council adopt the TCAAP Final AUAR and Mitigation Plan.
Beth Kunkel, Kimley-Horn, discussed the AUAR in further detail with the Council. She noted
that the key point of an AUAR was the Mitigation Plan as this would serve as a working
document for the TCAAP site going forward.
Mayor Grant requested comment from the Council.
Councilmember Holden asked for clarification on the traffic levels anticipated on the TCAAP
site.
Ms. Kunkel discussed the levels of traffic that was projected for Highway 96 along with the level
of traffic estimated for the TCAAP site.
Councilmember Holden questioned why an eight story building height was incorporated into the
AUAR if this document was based on the Comprehensive Plan.
Ms. Kunkel indicated that the baseline for the AUAR was the general parameters of the Master
Plan. This plan has evolved over time and there was some discussion that building heights higher
than four to five feet may be considered on TCAAP in the future. For this reason, the AUAR was
drafted to include building heights up to eight stories.
Mayor Grant requested that the two scenarios within the AUAR be reviewed.
Ms. Kunkel further explained the baseline and maximum development scenarios within the
AUAR and how these scenarios would impact the TCAAP site.
Councilmember Holden inquired how Kimley-Horn gathered information on the proposed
densities.
Ms. Kunkel indicated that she had spoken with County and City staff regarding this matter.
Councilmember Holden questioned how the daily trips within TCAAP were estimated for the
AUAR.
Ms. Kunkel reviewed a table of information within the AUAR and noted that she could provide
further information to the Council regarding traffic counts.
Councilmember McClung explained that a larger portion of traffic would flow into TCAAP
from County Road H than from Highway 96.
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 6
Councilmember Holmes asked for additional information on the projected level of service at
Highway 96.
Ms. Kunkel reported that this intersection was given an "F" rating prior to mitigation. After the
proposed mitigation, this intersection's conditions would be improved.
Councilmember Holmes understood that the wells on the TCAAP site were problematic and
inquired why 64 wells were still classified as `unknown' or `other'.
Ms. Kunkel stated that the County identified all wells within their database and the intended use
of these 64 wells was unknown or uncertain.
Councilmember McClung questioned if any outside agencies had concerns with the AUAR.
Ms. Kunkel was not aware of any specific comments or concerns. She provided a brief overview
of the comments received from the Minnesota Department of Health, the City of Shoreview,
MnDOT, and a local resident.
MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adopt
Resolution #2014-037 — Adopting the TCAAP Final AUAR and Mitigation
Plan. The motion carried (5-0).
B. Planning Case 14-017—Setback Variance—3441 Lake Johanna Boulevard
City Planner Streff explained that at the June 4, 2014, Planning Commission meeting the
applicants proposed to reconstruct and expand a nonconforming accessory structure from twenty-
two (22) feet by twenty-two (22) feet to twenty-four (24) feet by twenty-six (26) feet, an increase
of 140 square feet. After a close review of the application by the Commission, the variance
request was tabled in order to give the applicants additional time to reevaluate their proposal and
provide an alternate plan that would more closely conform to the existing nonconforming
structure in terms of the building footprint and setbacks. The applicants have since reviewed and
updated their plans for the nonconforming accessory structure. The proposal for the new accessory
structure now includes a footprint that is identical to the existing structure with slight variations to
the placement and roof design.
City Planner Streff indicated that the applicants are proposing to reconstruct the twenty-two (22)
foot by twenty-two (22) foot existing nonconforming accessory structure on the property. Along
Fairview Avenue, the proposed structure would be realigned to be parallel with the western
property line and constructed with a setback of two (2) foot two (2) inches. The previous proposal
suggested a setback of eight (8) inches from the west property line. From the south property line
the proposed structure would be moved to the north an additional one (1) foot, which would result
in a seven (7) foot three (3) inch setback. The setback proposed between the structure and the
south property line during the previous review was four (4) feet one (1) inch.
City Planner Streff stated that as proposed, the roofline of the accessory structure would change
from an east/west orientation to a north/south orientation in order for the garage to be accessible
from the existing driveway. The new design of the accessory structure would also incorporate one
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 7
(1) foot eaves on the north/south facades and(1) foot six (6) inch eaves on the east/west facades in
order to match the existing home. The applicants have indicated within their narrative that the
fagade and roofing materials to be used on the new detached accessory structure would match the
materials on the existing single family dwelling.
City Planner Streff reviewed the Plan Evaluation and Variance Evaluation Criteria.
City Planner Streff explained that the Planning Commission reviewed this application at their
July 9, 2014, meeting and have offered the following findings of fact for consideration:
General Findings
1. The property is in the R-2 Single & Two Family Residential Zoning District.
2. The lot is 15,241 square feet in size with approximate dimensions of 100 feet in width, and
165 feet in depth.
3. The existing accessory structure is a nonconforming structure within the R-2 Zoning
District because of its existing setbacks to the south and west property lines.
4. Because the existing accessory structure is positioned at an angle relative to the west
property line, the structure encroaches between twenty-five (25) feet six (6) inches and
twenty-nine (29) feet four (4) inches into the thirty (30) foot setback along the west
property line, leaving a setback of four (4) feet six (6) inches at its furthest point and eight
(8) inches between the structure and the west property line at its closest point.
5. The existing accessory structure encroaches three (3) feet nine (9) inches into the ten (10)
foot setback along the south property line, leaving a setback of six (6) feet three (3) inches
between the structure and the south property line.
6. The existing accessory structure does not encroach into the north or east property line
setbacks.
7. The proposed accessory structure encroaches twenty-seven (27) feet ten (10) inches into
the thirty (30) foot setback along the entire length of the structure, leaving a setback of two
(2) feet two (2) inches from the west property line.
8. The proposed accessory structure encroaches two (2) feet nine (9) inches into the (10) foot
setback, leaving a setback of seven (7) feet three (3) inches from the south property line.
This is an increase of one (1) foot further from the property line when compared to the
existing structure.
9. The proposed accessory structure will not increase the footprint and will remain twenty-
two (22) feet by twenty-two (22).
10. The proposed accessory structure would be rotated approximately fifteen (15) degrees to
align the garage with the western property line and the angle of the existing home.
11. The proposed accessory structure would change the direction of the roofline from an
east/west orientation to a north/south orientation with one (1) foot eaves on the north/south
facades and (1) foot six (6) inch eaves east/west facades in order to match the existing
home
12. The existing single family dwelling and attached garage meet all property line setbacks.
13. The proposed structure and landscaping coverages are within the zoning district
requirements.
14. The proposed accessory structure would not exceed fifteen(15) feet in height.
15. Detached accessory structures are permitted structures within the R-2 Zoning District.
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 8
16. All structures on the lot are outside of the 100-year flood plain, wetlands, and easements.
Variance Findings:
17. The proposal is in harmony with the purpose and intent of the Zoning Ordinance as the
Ordinance generally allows flexibility for unique parcels and situations when impacts to
surrounding properties are minimized.
18. The proposal is consistent with the Arden Hills Comprehensive Plan as it allows the
reasonable use of residential property.
19. Detached accessory structures are permitted and a reasonable use within the R-2 Single
Family Residential Zoning District.
20. The lot has rather unique characteristics as the property slopes towards Lake Johanna
approximately 18 (eighteen) feet from west to east leaving limited options for expansion
or movement of the accessory structure to an area that meets the setback regulations.
21. The proposed accessory structure would be visible from neighboring properties; however,
the proposed design and the use of quality materials for the detached structure that match
the single family dwelling should minimize the impacts on surrounding property owners.
22. The proposed accessory structure is unlikely to have negative impacts to the property or to
the neighborhood as a whole.
23. The proposed plans and requested variances for the accessory structure do not appear to be
based on economic considerations alone.
City Planner Streff explained that the property is unique when compared to many properties in
Arden Hills because of its topography. From Fairview Avenue to Lake Johanna Boulevard, the
property slopes approximately 18 (eighteen) feet from west to east. Because of the lot's
topography and configuration of structures on the lot, options for expansion or the movement of
the accessory structure to an area that meets the setback regulations is very limited. The proposed
realignment and change in the roof orientation is reasonable in order for the applicant to construct
a functional garage that is accessed from the existing driveway. Due to the scope of the project
and the proposed changes to the structure, the character of the neighborhood or the City is not
expected to be negatively affected as a structure already exists in the general location of the
proposed structure. It does not appear that the variance request is based on economic
considerations alone. A detached accessory structure is a permitted use in the R-2 Zoning District
and is a reasonable request for the subject property.
City Planner Streff reported that the findings of fact for this variance request support a
recommendation for approval. However, if the City Council chooses to make a recommendation
for denial,the findings of fact would need to be amended to reflect the reasons for the denial.
The Planning Commission reviewed Planning Case 14-017 and recommends approval (4-1,
Holewa) of the variance request for the property located at 3441 Lake Johanna Boulevard, based
on the findings of fact and the submitted plans as presented in the July 28, 2014, Report to the
City Council, as amended by the following ten(10) conditions:
1. That the project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by the
City Planner, shall require review and approval by the Planning Commission and City
Council.
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 9
2. That the proposed accessory structure shall be permitted with a setback of two (2) foot two
(2) inches from the west property line and seven (7) feet three (3) inches from the south
property line.
3. That the proposed accessory structure shall not exceed the footprint of the existing
accessory structure that is twenty-two (22) feet by twenty-two (22) feet.
4. That the proposed accessory structure shall be permitted to be rotated so that the alignment
matches that of the western property line and the angle of the existing single family
dwelling.
5. That the proposed accessory structure shall be permitted to change the direction of the
roofline from an east/west orientation to a north/south orientation with one (1) foot eaves
on the north/south facades and (1) foot six (6) inch eaves east/west facades in order to
match the existing home
6. That the exterior fagade and roofing materials of the proposed garage shall match the
colors and materials used on the single family dwelling.
7. That the existing driveway apron leading to the accessory building shall be removed and
that any damage to the right-of-way shall be repaired by the property owner.
8. That no living quarters shall be constructed within the proposed accessory structure and
that the attic area shall be used for storage purposes only.
9. That the structure shall conform to all other regulations in the City Code. That building
and demolition permits for the construction of the new accessory building and a zoning
permit for the construction of the driveway shall be required.
10. That the applicant shall obtain a Grading and Erosion Control Permit from the City before
the building permit is issued.
City Planner Streff reviewed the options available to the City Council on this matter:
1. Approve the proposal as submitted.
2. Approve the proposal with conditions (Recommended Action).
3. Deny the application with reasons for denial.
4. Table for additional information.
Mayor Grant asked if the applicant would be adding a new driveway for the garage.
City Planner Streff explained that the new garage would be accessed via the existing driveway
with the addition of a concrete pad.
Mayor Grant reported that the maximum width of a driveway was 24 feet. He asked if the new
concrete pad would be poured in the right-of-way.
City Planner Streff indicated that this was the case and noted that the applicant would not be
expanding the original curb cut. Staff reported that the concrete pad would not be located in the
right-of-way.
Councilmember Holden asked what utilities would be placed in the garage.
Chad Myers, 3441 Lake Johanna Boulevard, explained that only electricity would be brought to
the garage.
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 10
City Planner Streff commented that the conditions for approval state that no living quarters were
allowed in the garage.
MOTION: Councilmember McClung moved and Councilmember Werner seconded a
motion to approve Planning Case 14-017 for two (2) variances in order to
reconstruct the nonconforming accessory structure located at 3441 Lake
Johanna Boulevard with minor modifications to the location and roofline
based the findings of fact, the ten (10) conditions and the submitted plans as
presented in the July 28,2014,Report to the City Council.
Councilmember Holmes thanked the applicants for adjusting their plans and reducing the
variances requested. She commended staff, the Planning Commission, and the applicants for their
efforts on this project. She indicated that she supported Planning Case 14-017.
Councilmember Werner discussed the letters of support and noted that he would also be
supporting the variance request.
Mayor Grant stated that he would be willing to support the expansion of the nonconforming use
given the fact that it was a minor expansion.
The motion carried (5-0).
9. UNFINISHED BUSINESS
None.
10. COUNCIL COMMENTS
Councilmember Werner reported that he received a complaint from a resident in the Valentine
Hills neighborhood regarding the number of geese in the area. He noted that there was a recent
newspaper article on managing the population of geese in the metro area cities.
Councilmember Holmes discussed the park bench donations approved this evening and
encouraged residents to consider donating to the Arden Hills Foundation.
Mayor Grant commented that he received a complaint regarding boating on Lake Johanna. He
stated that he would be following up on this concern.
Mayor Grant requested comment from staff on the upcoming election.
City Clerk Dietl reported that the primary election is August 12th and the general election is
November 4th. She stated that the Mayor and two Council seats would be voted on this year.
Candidates interested in serving on the City Council could file Affidavits of Candidacy at City
Hall July 29th through August 12th
ARDEN HILLS CITY COUNCIL—JULY 28, 2014 11
ADJOURN
MOTION: Mayor Grant moved and Councilmember Holmes seconded a motion to
adiourn. The motion carried unanimously (5-0).
Ma r Grant adjourned the regular City Council meeting at 8:13 PAM.
Amy Dietl D id Grant
City Clerk Mayor