HomeMy WebLinkAbout09-12-16-R -AREN�HILLS
Approved: September 26, 2016
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
SEPTEMBER 12,2016
7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDERIROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City
Council meeting at 7:00 p.m.
Present: Mayor David Grant, Councilmembers Fran Holmes, Dave McClung and
Jonathan Wicklund
Absent: Councilmember Brenda Holden (excused)
Also present: Interim City Administrator/Director of Finance and Administrative
Services Sue Iverson; Interim Assistant Public Works Director/Assistant City Engineer,
Sue Polka, WSB; Finance Analyst Dave Perrault; Senior Planner Matthew Bachler; and
City Clerk Julie Hanson
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Mayor Grant requested Item 6B be pulled from the Consent Agenda for discussion as Item 7A.
Mayor Grant requested Item 9A be moved to the Consent Agenda for approval as Item 6
MOTION: Councilmember McClung moved and Councilmember Holmes seconded a
motion to approve the meeting agenda as amended. The motion carried
unanimously (4-0).
2. PUBLIC INQUIRIES/INFORMATIONAL
None.
3. PUBLIC PRESENTATIONS
A. Ramsey County Sheriff's Office Update
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 2
Ramsey County Sheriff Matt Bostrom provided the Council with an update from the Ramsey
County Sheriff s office. He discussed the difference between a police officer and a sworn deputy.
He commented on the County's new computer dispatch and records management system. He was
pleased by the growing success of the Coffee with the Cop and Hot Dog with a Deputy events.
He thanked the community for their support and kindness given the climate surrounding law
enforcement at this time. The vision for 215t Century policing and the new PRIME policy that
was being conducted at the jail was described. He encouraged the public to continue to turn in
their unused pharmaceuticals. He invited the public to visit the Fright Farm noting all proceeds
are used for Explorers and youth events throughout the community.
Mayor Grant asked if the Sheriffs Department had arresting authority on the Federal property
within Arden Hills.
Ramsey County Sheriff Bostrom discussed the nuances for policing Federal property, noting the
FBI typically had jurisdiction. He explained, however, that he had negotiated with the Army to
allow the Ramsey County Sheriffs Department to respond to the Federal property within Arden
Hills.
Mayor Grant thanked the Ramsey County Sheriffs Department for their participation in
National Night Out and for all of the proactive policing methods they have been pursuing.
Councilmember McClung commended the Ramsey County Sheriff's Department for their
visibility within the City of Arden Hills.
Mayor Grant questioned if the Ramsey County Sheriff s carry NARCAN in their medical bags.
Ramsey County Sheriff Bostrom stated all paramedics and fire currently carry NARCAN. He
reported his deputies would begin carrying NARCAN in their medical bags in the near future.
Councilmember Wicklund appreciated all of the professional efforts of the Ramsey County
Sheriff Deputies.
Councilmember Holmes thanked the Ramsey County Deputies for their dedicated service to the
community and for being in attendance at the Arden Hills City Council meetings.
4. STAFF COMMENTS
A. Rice Creek Commons (TCAAP) and Joint Development Authority(JDA) Update
Interim City Administrator/Director of Finance and Administrative Services Iverson
provided the following update for the City Council regarding TCAAP and the JDA:
Meetings
• City and County staff, Ehlers, and the Master Developer held their weekly project meeting
on September 6 to discuss mass grading and infrastructure for the site.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 3
• On August 29 Councilmembers Grant and Wicklund toured Alatus's Latitude 45 project in
Minneapolis and toured a for-sale town home site with a product that would be similar to
what would be constructed at TCAAP. On August 30, Councilmembers Holden and
Holmes completed the same tour.
Communications/Media
• On September 6, Staff and the City's Communications consultant met with the
communication consultants for the County and the Developer to introduce the parties and
to establish a regular monthly meeting for the three parties to discuss and coordinate
communication efforts.
Councilmember Holmes requested further information on how communications would be
managed by Zipko and staff.
Interim City Administrator/Director of Finance and Administrative Services Iverson
discussed how communications would be managed by the Zipko, staff, and the other consulting
agencies for the TCAAP development. It was noted staff would be meeting with the
communications consultant on a monthly basis.
Councilmember Wicklund requested staff provide the Council with a brief update after each
monthly communication meeting.
B. Transportation Update
Interim Assistant Public Works Director/Assistant City Engineer Polka reported the State is
installing a cable median barrier along Highway 10 at this time. This work would be completed
by November 1.
Interim Assistant Public Works Director/Assistant City Engineer Polka explained the County
Road E2 bridge and ramps were now open.
Interim Assistant Public Works Director/Assistant City Engineer Polka indicated the I35W
overlay project was completed.
Interim Assistant Public Works Director/Assistant City Engineer Polka provided an update
on the Lexington Avenue and County Road F project.
C. State of the City Update
Senior Planner Bachler stated the State of the City event will be held on Thursday, September
29, 7:30 to 9:00 a.m. at Flaherty's Arden Bowl. Representatives from the TCAAP Master
Development Team, Land O'Lakes, and MnDOT will be providing updates to the community.
There will also be time for questions and networking following the presentations. Arden Hills
businesses and residents are encouraged to attend the event. An evening State of the City event
will be scheduled for a future date.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 4
5. APPROVAL OF MINUTES
A. August 15, 2016 City Council Work Session and Joint Work Session with the Joint
Development Authority(JDA)
B. August 22, 2016, Special City Council Work Session
C. August 29, 2016, City Council
D. August 29, 2016, Special City Council Work Session
MOTION: Councilmember Holmes moved and Councilmember McClung seconded a
motion to approve the August 15, 2016 City Council Work Session and Joint
Work Session with the Joint Development Authority (JDA) meeting minutes,
the August 22, 2016, Special City Council Work Session meeting minutes,
August 29, 2016, City Council meeting minutes; and August 29, 2016, Special
City Council Work Session meeting minutes as presented. The motion carried
unanimously (4-0).
6. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item - Claims and Payroll
D. PiPCiVfrLVTiipfoYGPlanning riCtse r'tl 0'7T Varianev 1536 udsv..ww. a.........v
C. Motion to Adopt Policy for Donation of Surplus City Equipment
D. Motion to Approve Appointment of Customer Service Specialist
E. Motion to Approve Appointment of Public Works Superintendent
F. Motion to Adopt Resolution 2016-026 Accepting Donations from the Arden Hills
Foundation
G. Motion to Approve Planning Case 16-019 — PUD & CUP Amendment — Holiday
Station— 1920 Highway 96
MOTION: Councilmember Holmes moved and Councilmember McClung seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein. The motion carried
unanimously(4-0).
7. PULLED CONSENT ITEMS
A. Motion to Approve Planning Case 16-017—Variance— 1536 Edgewater Avenue
Mayor Grant requested staff provide a presentation on this item.
Senior Planner Bachler stated the applicants are the owners of the property at 1536 Edgewater
Avenue, which is located in the R-1 District on the south side of Lake Johanna. The lot is
considered nonconforming because its size and width do not meet the minimum requirements for
the R-I District. At the time the dwelling was constructed in 1953, the lot was in conformance
with the City Code. The applicants are proposing to construct a second garage stall on the east
side of the existing dwelling with finished living space above. The footprint of the addition would
measure 10 feet—5 inches by 27 feet—5 inches for an overall area of approximately 286 square
ARDEN HILLS CITY COUNCIL—SEPTEMBER l 2, 2016 5
feet. The additional living space above the garage would have similar dimensions and an area of
approximately 282 square feet.
Senior Planner Bachler explained a variance is needed in this case to allow for the addition to
encroach 1 foot—7 inches into the minimum side yard setback of 10 feet, resulting in a setback of
8 feet — 5 inches. The R-1 Zoning District requires a total combined setback of 25 feet between
both side yards, and a variance is also needed to allow for the reduced combined side yard
setback. The existing dwelling is setback 12 feet— 2 inches from the west side property line and
the proposed addition would be setback 8 feet—5 inches from the east side property line, resulting
in a combined side yard setback of 20 feet—7 inches.
Senior Planner Bachler reviewed the Plan Evaluation and offered the following Findings of
Fact:
General Findings:
l. The property at 1536 Edgewater Avenue is located in the R-1 Single Family Residential
Zoning District.
2. The lot is nonconforming due to lot size and width.
3. The existing conditions on the property are in conformance with the setback, structure, and
lot coverage requirements for properties in the R-1 District.
4. The proposed addition would encroach 1 foot — 7 inches into the east side yard setback,
creating a setback of 8 feet — 5 inches from the property line. The minimum side yard
setback in the R-1 District is 10 feet.
5. The proposed addition would result in a combined side yard setback of 20 feet—7 inches.
The existing dwelling is setback 12 feet—2 inches from the west side property line and the
proposed addition would be setback 8 feet— 5 inches from the east side property line. The
minimum combined side yard setback in the R-1 District is 25 feet.
6. A variance is required in this case to allow for an encroachment in the minimum side yard
setback and for a combined side yard setback of less than 25 feet.
7. All other aspects of the proposed addition are in conformance with the Zoning Code
requirements for the R-I District.
8. The proposed addition would not encroach on any flood plains, wetlands, or easements.
9. The proposed addition is not expected to impact any significant trees on the property.
Variance Findings:
10. The variance would be in harmony with the purpose and intent of the City's Code because
the addition would maintain side yard setbacks consistent with other dwellings in the
neighborhood.
11. The variance would be consistent with the City's Comprehensive Plan because it meets the
City's housing goal of encouraging property investment that complements and enhances
the character of the City's established neighborhoods.
12. The proposed addition to allow for a second garage stall.is a reasonable use of the property
that would not be allowed under the rules of the Zoning Code without the requested
variance.
13. The property is unique and presents development challenges because of its narrow width
of approximately 80 feet and its topography. The unique characteristics of the property
were not created by the property owners.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 6
14. The proposed addition would not alter the essential character of the neighborhood because
it would result in a structure that is consistent and compatible with other construction in
the area.
15. The requested variance does not appear to be based on economic considerations alone. The
applicant has proposed construction plans that are more costly than an alternative
considered that would have resulted in a greater encroachment in the side yard setback.
Senior Planner Bachler reported the Planning Commission unanimously recommends approval
(5-0) of Planning Case l 6-017 for a side yard setback Variance at 1536 Edgewater Avenue, based
on the findings of fact and submitted plans in the September 12, 2016, Report to the City Council,
as amended by the following six conditions:
1. 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.
2. A Grading and Erosion Control permit shall be required prior to the issuance of a Building
Permit.
3. If required, a Rice Creek Watershed District permit shall be obtained prior to the issuance
of any City permits.
4. A Building Permit shall be required prior to commencement of construction.
5. The addition shall match the color and architectural style of the rest of the principal
structure.
6. The structure shall conform to all other regulations in the City Code.
Councilmember Holmes asked what the current side yard setbacks were.
Senior Planner Bachler reported the side yard setbacks were 12 feet 2 inches on the west side
and 18 feet— 7 inches on the east side of the property. He reviewed how the setbacks would be
impacted if the variance were approved.
Councilmember Holmes expressed concern with how the water runoff from this lot would affect
the surrounding properties.
Mayor Grant requested comment from staff on this issue.
Senior Planner Bachler explained the home would have gutters installed in order to manage
rainwater runoff. He recommended the applicants speak to this topic further.
Christopher Kindler, 1536 Edgewater Avenue, described the location of the gutters on the home
currently and noted how water runoff management would be improved with new gutters.
Deniz Kindler, 1536 Edgewater Avenue, commented on the vegetation that was removed at the
property line and explained she was not aware of the agreement between the previous owners and
the neighbors. She explained she was proposing to replace this vegetation.
Mayor Grant asked if the clogged drain tile was on the Kindler property or the neighboring
property.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 7
Ms. Kindler believed the draintile to be on her property. She expressed frustration that the water
concerns on her property were never brought to her attention until she applied for a variance. She
believed that the neighboring property might have other water issues that do not stem from her
removing two (2) feet of landscaping vegetation.
Mayor Grant questioned how the water drained away from the neighboring property.
Senior Planner Bachler was uncertain how water drained away from the neighboring property.
Councilmember Wicklund stated he supported the variance request but questioned what the
City's options were to address the water runoff.
Senior Planner Bachler reported the property owners would have to acquire a grading and
erosion control permit from the City prior to receiving a building permit. He explained this would
ensure the drainage issues on the property were addressed.
Councilmember McClung wanted to be sure the water runoff situation was not made worse
through the proposed improvements.
Senior Planner Bachler indicated the grading and erosion control permit would address this
concern.
Councilmember Holmes asked if another condition should be added to require the applicants to
install gutters and a swale, or if the neighbors should be brought in to address their drainage
concerns.
Senior Planner Bachler recommended the City Engineer and applicants be allowed to manage
the specifics in order to find the best solution for the property. He stated that the applicants could
be asked to consult with the neighbors on the drainage plan.
Mayor Grant discussed a gutter and drainage plan for the home. While he did not object to the
addition of a single car garage, he wanted to be sure that the applicants properly managed the
water runoff of the site through the expansion. He suggested drain tile be installed while the site
was being excavated.
Councilmember Wicklund believed staff would effectively manage the water, grading and
erosion control plan.
Councilmember McClung stated his main concerns for this request was the grading and erosion
control plan. He suggested a Condition 7 be added to the Variance for approval and read as
follows: The applicants shall be required to consult with the adjoining property owner on
implementation of a drainage and erosion control permit.
Mayor Grant recommended Condition 7 read: The property owners will work with the City
Engineer to come up with an acceptable grading and erosion control plan and will work in
consultation with the neighbors.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 8
Ms. Kindler questioned what her responsibilities would be with regard to the newly proposed
condition.
Mayor Grant stated the intent would be to include the neighbor in the drainage conversations.
He reported the neighbors would not have veto power over the plan.
Councilmember Wicklund wanted to see the applicant and the City driving the drainage and
erosion plan.
Ms. Kindler asked to speak frankly to the City Council. She explained she and her husband have
taken this application process very seriously. She discussed the expense of the variance and the
proposed addition to her home. She stated she chose to live in Arden Hills because she loved this
community. She believed her variance request was reasonable given the fact she would only be
bringing her home to 2,000 square feet in size for a family of 5. She feared that if the neighbors
had to be involved in this process,the addition would not move forward. It was her understanding
the neighbors did not support the proposed addition. She was willing to go through all of the
permitting steps and wanted to be neighborly but requested the Council not hold this up due to the
water issues on her neighbor's property.
Mayor Grant indicated the Council would not require the Kindlers to solve the water issues on
their neighbor's property. He stated that the Kindlers could not add to the water issues either. He
commented the Council supported the proposed addition but wanted to see the water runoff was
properly managed. He reiterated that the neighbors would not have veto power one the plans.
Ms. Kindler appreciated this fact and provided further comment on the stressed conversations she
has had with her neighbors. She wanted to be sure the City's recommendations would be
followed and not simply her neighbor's wishes.
Mayor Grant stated this would be the direction to staff.
Interim Assistant Public Works Director/Assistant City Engineer Polka explained she would
work with the architect and applicant on the grading and erosion plan requirements. She would
ensure that the proposed addition would have no adverse impact on the surrounding properties.
Ms. Kindler thanked staff for this clarification.
Councilmember Wicklund supported the addition and noted his only concerns were with the
water issues.
MOTION: Councilmember McClung moved a motion to approve Planning Case 16-017
for a side yard setback Variance at 1536 Edgewater Avenue, based on the
findings of fact and submitted plans, as amended by the seven (7) conditions
in the September 12, 2016, Report to the City Council with Condition 7
reading as follows: The property owner shall be required to work with the
City Engineer to implement a drainage and erosion control plan.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 9
Councilmember Holmes recommended that the liaison burden be placed on the City Engineer
and not the applicant.
Mayor Grant agreed and suggested the consultation with the neighbor's portion from Condition
7 be eliminated and that the City Engineer speak with the neighbors after a plan has been devised.
He questioned who the applicants would be receiving a drainage and erosion control permit from.
Interim Assistant Public Works Director/Assistant City Engineer Polka reported the
applicants would be receiving the permit for their drainage and erosion control plan from the City.
Councilmember McClung withdrew his motion.
MOTION: Councilmember Wicklund moved and Mayor Grant seconded a motion to
approve Planning Case 16-017 for a side yard setback Variance at 1536
Edgewater Avenue, based on the findings of fact and submitted plans, as
amended by the six (6) conditions in the September 12, 2016, Report to the
City Council.
Councilmember Holmes stated while the majority of the Council was for the variance, she would
not be supporting the request.
Councilmember McClung indicated he would support the request with the understanding the
City Engineer will work with and speak with the adjoining property owners throughout the
grading and erosion control planning process. He understood the concerns being expressed by the
applicants and commented that the Council had to ensure that the proposed addition did not
adversely impact the adjoining property.
The motion carried 3-1 (Holmes opposed).
8. PUBLIC HEARINGS
A. Rice Creek Commons (TCAAP) Development Discussion Opportunity for
Residents
Mayor Grant stated under the Public Hearing section, citizens would have an opportunity to
discuss ideas regarding the TCAAP development.
Mayor Grant opened the public hearing at 8:40 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 8:41 p.m.
B. Approve Resolution 2016-028 Adopting and Confirming Quarterly Special
Assessments for Delinquent Utilities
Finance Analyst Perrault stated delinquent utility amounts are certified to Ramsey County
quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated
August 5, 2016 were mailed. These customers were informed of their delinquent status and were
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 10
asked to make payment of the delinquent balance by September 2, 2016. Utility accounts with an
unpaid delinquent balance after September 2, 2016, would be certified to Ramsey County to be
added to property taxes payable in 2017. The certification amount is equal to the unpaid
delinquent balance plus an eight percent penalty. The City will request that Ramsey County levy
the delinquent balances against the respective properties. Staff requested the Council hold a
public hearing and adopt the quarterly special assessments for delinquent utilities.
Mayor Grant opened the public hearing at 8:41 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 8:42 p.m.
MOTION: Councilmember McClung moved and Councilmember Holmes seconded a
motion to adopt Resolution #2016-028 — Adopting and Confirminp- Quarterly
Special Assessments for Delinquent Utilities. The motion carried (4-0).
C. Approve Resolution 2016-029—Order of Abatement at 1927 County Road D
Interim City Administrator/Director of Finance and Administrative Services Iverson stated
due to a complaint, staff inspected 1927 County Road D W on August 29, 2016. Staff noted
excessive vegetation growth and determined that the property was in violation of the following
subsections of City Code Section 602.02 Public Nuisance Affecting Health:
• Subd. 6. All noxious weeds and other growths of vegetation upon public or private
property in excess of eight(8) inches.
Interim City Administrator/Director of Finance and Administrative Services Iverson
commented following its initial inspection, staff sent a letter to the property owner giving them
one week to correct the issues. A follow-up inspection on September 8, 2016, found the violations
on the property to persist.
Interim City Administrator/Director of Finance and Administrative Services Iverson stated
due to the reoccurring nature of these types of violations, staff is requesting the City Council issue
an order for abatement of the property and to continue the abatement order for a two-year period.
The two-year period would expire on September 12, 2018. The property owner has seven days
from the Council's order to complete the work before the City can have the work completed.
An abatement order allows the City to hire a contractor to complete the work on the property and
charge the cost back to the property owner. The charge is 125 percent of the cost of the work plus
administrative costs. If the charges are not paid, the charge will be certified against the property
for collection with the property taxes.
Interim City Administrator/Director of Finance and Administrative Services Iverson
indicated if the same violation reoccurs within two years of the Council's order, staff could order
abatement without an additional Council hearing or action. A letter would be sent to the property
owner ordering future violations to be resolved within seven working days. If the violation is not
resolved, staff can order the abatement and charge the expense back to the property owner. Prior
to any action, the Council must provide a hearing for the property owner. The property owner was
notified of the hearing in conformance with the City Code.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 11
Mayor Grant opened the public hearing at 8:43 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 8:43 p.m.
Councilmember Holmes asked which area of the yard was a concern.
Interim City Ad min istrator/Director of Finance and Administrative Services Iverson
reviewed several pictures with the City Council noting the area of weeds/garden plot that was
overgrown.
Councilmember Wicklund questioned if the property owner had responded to the City.
Interim City Administrator/Director of Finance and Administrative Services Iverson stated
the City has not received any response from the property owner.
MOTION: Councilmember McClung moved and Councilmember Holmes seconded a
motion to adopt Resolution #2016-029 — Ordering Accelerated Nuisance
Abatement at 1927 County Road D for excessive vegetation growth. The
motion carried (4-0).
9. NEW BUSINESS
A. Planning Case 16-019 — PUD & CUP Amendment — Holiday Station — 1920
Highway 96
This item was moved to and approved on the Consent Agenda.
10. UNFINISHED BUSINESS
A. Approve Fund Balance Transfer from General Fund to PIR Fund and a
Budget Amendment
Interim City Administrator/Director of Finance and Administrative Services Iverson
explained in 2014, the Council adopted a revised Fund Balance Policy, which directs the Finance
Director to transfer any excess funds over 50% of the fund balance in the General Fund to the PIR
Fund once the final audit is completed with Council approval.
Interim City Administrator/Director of Finance and Administrative Services Iverson
reported the final audit for 2015 showed the fund balance for year-end 2015 was 62.9% over the
2016 budgeted expenditures. The amount of the transfer according to the policy is $565,121. As
the Council requested, this was brought forward to the Council on June 27, 2016, for approval of
a transfer and a budget amendment to the 2016 budget. The City Council tabled this item to the
September 12, 2016, meeting to discuss in conjunction with the 2017 budget.
Interim City Administrator/Director of Finance and Administrative Services Iverson
commented since the Preliminary 2017 budget has not yet been finalized and the City Council has
not yet had a chance to review and discuss this item, staff would recommend tabling this item to a
ARDEN HILLS CITY COUNCIL—SEPTEMBER 12, 2016 12
later date. It was noted the Council will set a preliminary levy at the September 26, 2016 meeting,
but a final levy will not be set until December 12, 2016.
Mayor Grant indicated some of the funds within the proposed transfer could be used to assist the
Council with balancing the 2017 budget. He looked forward to discussing this further at an
upcoming worksession.
MOTION: Councilmember McClung moved and Councilmember Wicklund seconded a
motion to table action on this item to a later date to be determined. The
motion carried 3-1 (Holmes opposed).
11. COUNCIL COMMENTS
Councilmember Holmes stated she appreciated the generous donations from the Arden Hills
Foundation.
Councilmember Holmes stated she received a comment from a resident that the County Road E
bridge lighting was inadequate.
Interim Assistant Public Works Director/Assistant City Engineer Polka explained she has
requested a quote for taller light poles and this quote would be coming before the Council at a
future meeting.
Mayor Grant thanked all of the residents and local businesses that had contributed to the Arden
Hills Foundation.
ADJOURN
MOTION: Councilmember McClung moved and Councilmember Holmes seconded a
motion to adjourn. The motion carried unanimously (4-0).
Mayor Grant adjourned the Regular City Council Meeting at 8:53 p.m.
ojw"' i]'6'Wb174j
J lie Hanson David Grant
ty Clerk Mayor