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HomeMy WebLinkAbout01-22-18-R DI�EN HILLS Approved: February 12, 2018 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 22,2018 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 7:00 p.m. Present: Mayor David Grant, Councilmembers Fran Holmes, Dave McClung and Steve Scott Absent: Councilmember Brenda Holden (excused) Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Sue Polka; City Planner Matthew Bachler; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (4-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority(JDA)Update City Administrator Perrault provided an update to the Council noting TCAAP did not make the short list for the Amazon proposal. He explained the Optimization Study was being reviewed by the Army. He noted the County and Alatus continue to meet bi-weekly to discuss the Master Development Agreement and reported the MDA deadline remains March 8. He explained the JDA would be meeting once per month, on the first Monday of the month, or on an ad hoc basis during 2018. ARDEN HILLS CITY COUNCIL—JANUARY 22, 2018 2 4. APPROVAL OF MINUTES A. January 8, 2018, Regular City Council MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve the January 8,2018,Regular City Council meeting minutes as presented. The motion carried unanimously (4-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Adopt Resolution 2017-006 Approving City Administrator PERA Exclusion C. Motion to Approve Civil Defense Siren Equipment Purchase D. Motion to Adopt Resolution 2018-007 and 2018-008 — Parking Restrictions — Old Highway 10 and County Road E2 E. Motion to Approve Advertising for Finance Director Position F. Motion to Approve Advertising for Public Works Maintenance Worker MOTION: Councilmember McClung moved and Councilmember Holmes 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). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS None. 8. NEW BUSINESS A. Planning Case 17-028—Site Plan Review— 1504 Edgewater Avenue City Planner Bachler stated the applicant has requested a Site Plan Review in order to keep an existing 64 square foot accessory storage shed recently installed at 1504 Edgewater Avenue. The City does not require property owners to obtain a permit for accessory structures less than 120 square feet in size and no permit was issued for the shed. The shed is located in front of the single-family dwelling on the property between Edgewater Avenue and the home. The Zoning Code prohibits the placement of accessory structures on non-lakeshore lots between a public street and a dwelling, but allows for property owners to apply for a Site Plan Review for a deviation from this requirement when exceptional and unusual circumstances exist on the property. The shed is setback approximately 42 feet from the front property line along Edgewater Avenue and 55 feet from the secondary front property line on Ridgewood Road. ARDEN HILLS CITY COUNCIL—JANUARY 22, 2018 3 City Planner Bachler explained the shed is currently used to store a riding lawnmower, snow blower, and other yard tools. The applicant has noted that the one-stall garage does not provide adequate space to store this equipment and that the shed was placed in the front yard due to a steep slope along the eastern and southern sides of the property that presents safety concerns for using a riding lawnmower. City Planner Bachler reviewed the Plan Evaluation and noted the Planning Commission offered the following Findings of Fact: 1. The property at 1504 Edgewater Avenue is located in the R-1 Single Family Residential Zoning District. 2. The lot is 20,473 square feet in size with approximate dimensions of 102 feet in width by 200 feet in depth. 3. The property currently consists of a single-family dwelling with an attached garage and two accessory structures. 4. The property owner recently installed a new accessory storage shed in the front yard of the property measuring 64 square feet in size with dimensions of 8 feet by 8 feet. 5. The accessory storage shed is setback approximately 42 feet from the font property line along Edgewater Avenue and approximately 55 feet from the secondary front property line along Ridgewood Road. 6. Section 1325.01, Subd. 3 of the Zoning Code states that accessory structures shall not be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. 7. Section 1325.01, Subd. 7 of the Zoning Code allows the City Council to approve a deviation from the accessory structure location requirement when exceptional and unusual circumstances exist on the property through the Site Plan Review process. 8. The existing conditions on the property meet the minimum lot coverage requirements for properties located in the R-1 Zoning District. 9. The accessory storage shed does not exceed the height limit of 15 feet for accessory structures. 10. Detached accessory structures up to 728 square feet are permitted structures in the R-1 Zoning District. 11. Properties used primarily for residential uses are permitted up to two accessory structures. There is one additional shed located on the property for a total of two accessory structures. 12. The accessory storage shed is located outside of the 100-year flood plain, wetlands, and easements. 13. The lot provides adequate space and reasonable slopes and features to allow the accessory storage shed to be located in the rear yard of the property to comply with the Zoning Code location requirements. 14. The existing conditions of the property are not exceptional or unique and do not justify a deviation in the Zoning Code location requirements for accessory structures. City Planner Bachler reported the Planning Commission discussed the request and determined that there was adequate space and reasonable slopes to place the shed in the rear yard of the property and to comply with the Zoning Code location and setback requirements for accessory structures. The Planning Commission voted to recommend denial (5-0) of Planning Case 17-028 ARDEN HILLS CITY COUNCIL—JANUARY 22, 2018 4 for a Site Plan Review at 1504 Edgewater Avenue, based on the findings of fact in the January 22, 2018, Report to the City Council. Mayor Grant requested staff speak to the feedback received from the neighborhood. City Planner Bachler discussed the feedback he has received from five property owners noting all have expressed concern with the shed placement. He stated he did receive one phone call in support of the request. Mayor Grant stated the Planning Commission voted 5-0 recommending denial of the request. City Planner Bachler reported this was the case. Councilmember Scott stated he attended the Planning Commission meeting and drove by the property in question. He indicated he would have to concur with the Planning Commission on this matter and would be voting to deny the request. Mayor Grant commented on the slope of the backyard and explained while it would require a bobcat he anticipated the shed could be moved to the rear yard. He also concurred with the Planning Commission's recommendation for denial. Councilmember McClung stated he agreed with the Planning Commission's recommendation for denial as well. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to deny Planning Case 17-028 for a Site Plan Review at 1504 Edgewater Avenue based on the findings of fact in the January 22, 2018, Report to the City Council, and to direct City staff and attorney to prepare formal findings for review and approval by the City Council at its next regular meeting. The motion carried (4-0). 9. UNFINISHED BUSINESS A. Resolution 2018-009—Approving Final Layout for the US 10 Improvements— Municipal Consent Public Works Director/City Engineer Polka stated on August 24, 2017, staff received a layout for Highway Improvements for State Project 6205-39 US 10, I35W to CR 96. The project includes widening US 10, providing a slip ramp from the US 10 service road to Highway 96, providing both right in and right out access from the service road to US 10, and construction of 20-foot high noise walls. Public Works Director/City Engineer Polka explained MnDOT is requesting City approval (municipal consent) for the project under Minnesota Statutes 161.162 through 161.167. The City has certain responsibilities with regard to municipal consent of the project, the first of which is scheduling a public hearing. On September 11, 2017, the City Council adopted Resolution 2017- 028 ordering a public hearing to be held on October 23, 2017. The City Council held the Public ARDEN HILLS CITY COUNCIL—JANUARY 22, 2018 5 Hearing after a presentation by MnDOT staff and received the following comments from the public: • Council should consider the whole corridor and how it is affected. • Traffic from Highway 10/ Highway 96 is exiting onto Snelling Avenue at high speeds. More noise abatement should be considered along Highway 96. Public Works Director/City Engineer Polka reported MnDOT gathered additional noise readings along Lakeshore Place and Old Highway 10 in the vicinity of US 10/Highway 96. The readings did not show significant increases in volumes from the original study. Staff also submitted a letter to MnDOT with additional concerns regarding the height of the noise wall, impacts to the Big Ten Tavern, service road entrance design, existing water main and snow plowing concerns. Public Works Director/City Engineer Polka stated since the Public Hearing, MnDOT has received input from affected property owners and completed the voting for the noise wall. A majority of voting points received were in favor of construction of both of the noise walls (north of the access to the service road and south of the access onto US 10); therefore, the walls are proposed with the US 10 project. The layout has also been revised due to input from the Big 10 Tavern owner. A right turn from the service road to US 10 has been added. The noise wall has also been modified to provide for the access which then allows a view of the Big 10 Tavern from US 10. Public Works Director/City Engineer Polka stated staff had a meeting with MnDOT on January 18 to discuss the potential noise wall/watermain conflict. She discussed the depth of the watermain in conjunction with the roadway and stated staff did not recommend the City Council support the Final Layout of the US 10 Improvements. She explained the watermain would have to be located at least 10 feet horizontally from the proposed noise wall and be placed at least 7'/2 feet in depth and should be at MnDOT's cost. Councilmember Holmes asked when the right-out from the Big 10 Tavern was added by MnDOT. Public Works Director/City Engineer Polka stated this was a very recent addition. She noted she received a revised layout around January 8. She believed these changes were brought about after a meeting was held between the Big 10 Tavern owner, his attorneys, and MnDOT in December. She provided further comment on how the service road would be striped for one-way traffic. Councilmember Holmes commented the Council has not had an opportunity to discuss the one- way proposed traffic flow for this roadway. She did not believe this was appropriate and that traffic should remain two-way. Public Works Director/City Engineer Polka explained the Council could add a condition, requiring traffic along this service road to be two-way. She discussed MnDOT's reasoning behind the one-way proposal, which had to do with snow plowing. ARDEN HILLS CITY COUNCIL—JANUARY 22, 2018 6 Mayor Grant stated he was in favor of staff's recommendations regarding the watermain. He noted many standards recommend watermains be at least 8 feet in depth. He explained this would be a 12-inch line that would feed TCAAP and the City did not want this line freezing or breaking. He stated he was uncertain who would have proposed putting a trunk line so close to the surface but indicated this would not work in Minnesota. He asked the City Attorney if placing conditions on the municipal consent approval would hold. City Attorney Jamnik explained the staff recommended Resolution supports disapproval unless changes are made. He anticipated the City would receive a letter from MnDOT after receiving a denial for the Final Layout. Mayor Grant asked if the City Council should recommend the watermain be 71/4 or 8 feet in depth. Public Works Director/City Engineer Polka stated the current line was 8 feet in depth. Mayor Grant supported the Council recommending the watermain be at least 8 feet in depth. He questioned if the Big 10 Tavern supported the proposed changes to the roadway layout. Public Works Director/City Engineer Polka explained she met with Mr. Walsh and he was supportive of the changes. Councilmember McClung stated he had no problem disapproving the final design plans given the fact the watermain placement was not done correctly. He reiterated that this was a crucial line that would feed TCAAP. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to adopt Resolution 2018-009 Disapproving the Final Layout for the US 10 Improvements stating the watermain would have to be located at least 10 feet horizontally from the proposed noise wall and be placed at least 8 feet in depth all at MnDOT's cost. Mayor Grant recommended another condition be added to ensure the service road would be striped as a two-way roadway. The Council supported this amendment. Mayor Grant asked if the City Council's concerns regarding the noise study south of Highway 96 on US Highway 10 should be addressed at this time. City Attorney Jamnik recommended the Council address this issue with MnDOT at another time as it was a separate matter. Mayor Grant questioned if semis and firetrucks would be able to use the right-in, right-out at the Big 10 Tavern. Public Works Director/City Engineer Polka reported MnDOT had designed the right-in, right- out to allow firetrucks and semis to be able to maneuver through this intersection. ARDEN HILLS CITY COUNCIL—JANUARY 22, 2018 7 Councilmember Holmes stated she was approached by a concerned resident about the importance of the service road remaining two way. The amended motion carried (4-0). 10. COUNCIL COMMENTS Councilmember Scott thanked Public Works for working diligently to keep the City's streets clean and free of snow. He stated last Friday he and the Mayor attended a luncheon where two City employees were recognized for reaching milestone years of service to Arden Hills. Councilmember Scott also indicated he would be attending a League of Minnesota Cities Conference on Friday and Saturday. Councilmember McClung questioned when the City sent the plows out to clean up after snow events. Public Works Director/City Engineer Polka stated plows are typically sent out after two inches of snow accumulation. She noted plows were sent out today at 12:00 p.m. and were on the streets until 5:30 p.m. She reported the plows would return to the streets around midnight to complete their work. Mayor Grant commented on the employee luncheon that was held last Friday and thanked all City employees for the great work they do on behalf of the City. 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 7:36 p.m. ti %idm V ni &Mai Jie Hanson David Grant lr y Clerk Mayor