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-AI?QEN HILLS
Approved: August 9, 2021
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
JULY 12,2021
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 Brenda Holden, Fran Holmes, Dave
McClung(attending remotely) and Steve Scott
Absent: None
Also present: City Administrator Dave Perrault; Interim Public Works Director David
Swearingen; Senior Planner Jessica Jagoe; Planning Consultant Jane Kansier; Finance
Director Gayle Bauman; and City Clerk Julie Hanson
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to approve the meeting agenda as presented. A roll call vote was
taken. The motion 4-0-1 (Councilmember McClung was absent for the vote).
2. PUBLIC INQUIRIES/INFORMATIONAL
None.
3. RESPONSE TO PUBLIC INQUIRIES
None.
4. STAFF COMMENTS
A. COVID-19 Update
ARDEN HILLS CITY COUNCIL—JULY 12, 2021 2
City Administrator Perrault provided the Council with an update on how the City was
responding to COVID-19. He encouraged residents to visit the City's website for the most current
and up to date information regarding COVID-19. He reported the Minnesota Department of
Health and CDC also had websites with current guidelines and recommendations. He stated City
staff has returned to City Hall, which was now open to the public operating under summer hours
(Monday through Thursday 7:30 a.m. to 5:00 p.m. and Friday 7:30 a.m. to 11:30 a.m.). He
explained all City Council, Planning Commission and other committee meetings would now be
held in person.
Mayor Grant directed staff to stop providing COVID-19 updates due to the fact meetings were
beingheld in person and City staff was back at City Hall.
P Y Y
B. Transportation Update
Interim Public Works Director Swearingen reported the 2021 PMP project was underway and
noted utility work was being done on Glen Paul. He explained Gerald Avenue was ground up last
week and utility work would begin next week. He encouraged residents to visit the City's website
for the most up to date information regarding this project.
Interim Public Works Director Swearingen stated the Hamline Avenue crosswalk
improvements began last Tuesday. He anticipated this project would be completed in two weeks.
Interim Public Works Director Swearingen explained bridge work would begin on County
Road E over Minnesota State Highway 51 on Wednesday.
C. Night to Unite Update
City Clerk Hanson stated Night to Unite would be held on Tuesday, August 3, 2021. She
encouraged residents to register their neighborhood gatherings with the Ramsey County Sheriff's
Office and noted information regarding this event along with a link to register was posted on the
City's website. She explained 16 events had already been registered in Arden Hills with 97 total
registered events in Ramsey County.
Mayor Grant read a proclamation in full for the record declaring Tuesday, August 3, 2021 as
Night to Unite in the City of Arden Hills.
5. APPROVAL OF MINUTES
A. June 14, 2021 Special Executive (Closed)
B. June 14, 2021, Regular City Council
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to approve the June 14, 2021, Special Executive (Closed) meeting
minutes; and June 14, 2021, Regular City Council meeting minutes as
amended. A roll call vote was taken. The motion carried (5-0).
ARDEN HILLS CITY COUNCIL—JULY 12, 2021 3
6. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item - Claims and Payroll
B. Motion to Approve Resolution 2021-036 Supporting Arden Hills Bonding Request
C. Motion to Authorize Green Lights Recycling, Inc. Clean Up Day Proposal
Agreement
D. Motion to Approve Assignment of Development Agreement AHSL Partners LLC
(Trident Development)
E. Motion to Approve Resolution 2021-037 Accepting a Donation from the Arden
Hills Foundation
F. Motion to Approve Acquiring Sanitary Sewer Easement—Bethel University
G. Motion to Approve Development Agreement — Arden Hills RE, LLC (New
Perspective Senior Living)
H. Motion to Approve Changer Order No. 1 and Payment No. 1 — C&L Excavating,
Inc. —2021 PMP Street and Utility Improvements
I. Motion for Authorization to Begin Recruitment Process for a Senior Engineering
Technician
J. Motion to Approve Payment #6 to Air Express, Inc. — City Hall HVAC
Replacement Project
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein. A roll can vote was
taken. The motion carried (5-0).
7. PULLED CONSENT ITEMS
None.
8. PUBLIC HEARINGS
A. Vacation of Easement — Arden Hills RE, LLC (New Perspective Senior
Living)—Planning Case 21-015
Senior Planner Jagoe stated at the January 28 and February 8, 2021 meetings, Arden Hills RE,
LLC on behalf of New Perspective Senior Living received required approvals from the Council to
construct a four (4) story, 146-unit senior housing building which will include independent living,
assisted living, and memory care. The applicant is requesting to vacate the existing sanitary sewer
easement due to the new sanitary sewer line alignment as approved within the development plans
for this project. Bethel University will be dedicating a new sanitary sewer easement to the City in
satisfaction of ordinance requirement. The proposed sewer easement vacation is located along the
westerly edge of Lot 1, Block 1, 2 Pine Tree North plat. The Interim Public Works Director has
reviewed the proposed easement vacation and provided a memo in support of the vacation
request. A request for a Vacation of Easement requires a public hearing before the City Council.
Mayor Grant opened the public hearing at 7:17 p.m.
ARDEN HILLS CITY COUNCIL—JULY 12, 2021 4
With no one coming forward to speak, Mayor Grant closed the public hearing at 7:18 p.m.
9. NEW BUSINESS
A. Resolution 2021-038 — Vacation of Easement — Arden Hills RE, LLC (New
Perspective Senior Living)—Planning Case 21-015
Senior Planner Jagoe stated this item was introduced by staff under Item 8A. Staff discussed the
options available to the Council and recommended approval of the request.
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to adopt Resolution #2021-038 — Approving a Vacation of Sewer
Easement lying within Lot 1, Block 1, Pine Tree North Plat. A roll call vote
was taken. The motion carried (5-0).
10. UNFINISHED BUSINESS
A. Resolution 2021-039—Variance at 3493 Siems Court—Planning Case 20-17
Planning Consultant Kansier stated in September of 2020, Kye Samuelson ("Applicant")
requested a Variance in order to construct an accessory structure near the shoreline of 3493 Siems
Court ("Subject Property") within the Shore Impact Zone of Lake Johanna. The Applicant
requested a variance to build a 120 square foot accessory storage structure that encroached
eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed structure
exceeded the eight (8) foot height limitation at ten (10) feet, six (6) inches. The rationale for the
variance was that the structure would be used for the storage of modern day recreational water
equipment and the hardship was due to the rear yard topography. The Subject Property is zoned R-
1, Single Residential District, is located in the Shoreland Management District, and is guided as
Low Density Residential on the Land Use Plan.
Planning Consultant Kansier explained at the October 7, 2020 Planning Commission meeting
the Applicant requested a variance to build a 120 square foot accessory storage structure that
encroached eighteen (18) inches into the Shore Impact Zone of Lake Johanna. The proposed
structure exceeded the eight (8) foot height limitation at ten(10) feet, six (6) inches. The Planning
Commission voted to table the request to allow the Applicant to revise their plans to better
conform to the Shoreland Ordinance provisions.
Planning Consultant Kansier reported the Applicant took the Planning Commissions comments
under consideration and submitted revised plans for a smaller structure that would not encroach
into the Shore Impact Zone. The Applicant is now proposing to construct structure a nine and a
half(9.5) feet tall and ninety-three and a half(93.5) square feet in size. However, the proposed
structure still required a variance due to the proposed height and area that exceeded current
ordinance standards. At its December 9, 2020 meeting the Planning Commission reviewed and
discussed this application. The Planning Commission voted 4-3 to approve the planning case. The
City Council reviewed this request at its January 11, 2021 meeting.
ARDEN HILLS CITY COUNCIL—JULY 12, 2021 5
Planning Consultant Kansier commented the City Council voted unanimously to table this
planning case to allow them to review the existing accessory structure size standards for the
Shoreland District. The Applicant signed a 6-month Extension Form, requiring the City Council
to take action on the variance request by July 12, 2021. On June 28, 2021, the City Council
approved Ordinance 2021-004, amending the requirements for accessory structures in the
Shoreland District. This amendment increased the maximum size of an accessory structure to 100
square feet and applied screening and design standards. The amendment did not increase the
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maximum height.
Planning Consultant Kansier reviewed the Plan Evaluation and offered the following Findings
of Fact:
1. City Staff received a land use application for a request to build an accessory structure for
storage at the Subject Property 3493 Siems Court.
2. Storage of personal items is a permitted use for an accessory structure in the R-1 Single
Family Residential District.
3. The Subject Property has a steep downward slope in the rear yard that prevents the
Applicant from building on much of the site.
4. The Subject Property meets the minimum lot size, width, and length requirements for the
R-1 District.
5. The Applicant is requesting flexibility with the maximum height for an accessory storage
shed located within the Ordinary High Water Level (OHWL) setback requirement for Lake
Johanna.
6. The rear yard setback requirement for a proposed accessory structure is determined by the
OWHL of Lake Johanna.
7. The proposed structure is located 25.2 feet within the OHWL setback from Lake Johanna
which is 50 feet.
8. The proposed storage structure would be located outside the Shore Impact Zone of Lake
Johanna.
9. One (1) storage shed is permitted with the OHWL setback requirement of Lake Johanna as
long as it does not exceed 100 square feet in size and eight(8) feet in height.
10. The proposed structure exceeds the height at nine (9) feet six (6) inches tall and exceeds
the area dimension at 93.5 square feet.
11. The proposed structure would otherwise conform to all other requirements and standards
of the R-1 district.
12. A variance may be granted if enforcement of a provision in the zoning ordinance would
cause the landowner practical difficulties.
Planning Consultant Kansier explained the Planning Commission recommended approval by a
4-3 vote of Planning Case 20-017 for a Variance at 3493 Siems Court, based on the findings of
fact and the submitted plans in the December 9, 2020 Report to the Planning Commission, as
amended by conditions. Based on the recent amendment to the Zoning Ordinance, the only
variance requested at this time is a variance to the height of the structure. The following
conditions were recommended for approval of the Variance:
1. A Zoning Permit for an accessory structure shall be issued prior to commencement of
construction.
ARDEN HILLS CITY COUNCIL—JULY 12, 2021 6
2. The structure shall be rotated on the site so the maximum width of the accessory structure,
as viewed from the water, does not exceed ten(10) feet.
3. The exterior materials of the proposed addition shall be consistent or complementary in
color, texture and quality with those visible on the existing structure.
4. The Applicant shall provide a landscaping plan indicating structure shall be screened a
minimum of 50 percent by opaque vegetation or topography on the three walls seen from
the lake with ecologically suited landscaping landward of the ordinary high water level
from the lake. Planning staff shall review and approve the screening plan prior to the
issuance of Zoning Permit.
5. The proposed accessory structure shall conform to all other standards and regulations in
the City Code.
Councilmember Scott asked if the applicant agreed to rotate the building 90 degrees and
questioned why staff was making this a requirement.
Planning Consultant Kansier commented the applicant was aware of the provision and noted the
provision would lessen the visual impact of the structure from the water.
Councilmember Holden indicated she would not be able to support this variance request.
Councilmember Holmes stated if the variance were not approved the structure would have to be
eight feet tall. She inquired if some sort of land use plan would be required to review a structure
that was eight feet tall.
Planning Consultant Kansier explained a zoning permit would be required for this type of
structure.
Councilmember Scott reported if the roof were changed from a pitched roof to a flat roof, the
applicant would meet the City's requirements, however, this would be less visually appealing. He
indicated he has been to the property and met with the applicant. He thanked the applicant for
spending time and the expense of altering the plans to make this building visually appealing. He
stated he would be offering his support of the 17 inch variance.
Councilmember Holmes explained the reason the City kept the structure height at eight feet
within the Ordinance was because the City wanted to minimize the impact from the lake. She
commented "visually appealing" was in the eye of the beholder, because those passing by this
structure may not find it visually appealing. She stated she would like to see the building height at
eight feet and not nine and a half feet.
Councilmember Holden asked if a pitched roof could be put on the shed to have the total
structure height being eight feet.
Planning Consultant Kansier reported this would mean the side walls would have to be shorter,
in order have the peak of the structure at eight feet.
Councilmember McClung stated he would not be supporting this variance noting he would like
to see the City Council stick to the Shoreland Ordinance.
ARDEN HILLS CITY COUNCIL—JULY 12, 2021 7
Mayor Grant commented this structure was 17 inches too high. He indicated the Council
reviewed the Shoreland Ordinance for almost two months. He questioned if the applicant was
fully aware of the variance request given the new requirements within the Shoreland Ordinance.
Planning Consultant Kansier stated she did not have conversations specifically regarding this,
but noted the applicant spoke about building height and was aware of the City's requirements.
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to deny Planning Case 20-017 for a Variance at 3493 Siems Court,
based on the following Findings of Fact:
1.) The City Council spent considerable time reviewing and redrafting the
Ordinance for accessory structures in the shore impact zone.
2.) The City Council increased the allowable size for accessory structures in
the shore impact zone.
3.) The City Council decided not to increase the structure height due to
weighing the needs of residents versus those enjoying the lake.
4.) There are no practical difficulties for this variance request.
Councilmember Scott stated the reason the Council considers variances individually, was
because it allows the Council to consider each request based on the unique attributes of the
property. He noted this property was very steeply sloped and the proposed building would not
obstruct a view from the home or the lake based on the additional 17 inches in building height.
He indicated he would not be supporting the motion on the floor.
Councilmember Holden commented this was not a unique property on the lake. She stated after
working with the DNR for over six weeks on the Shoreland Ordinance, she indicated she would
like to see the City Council stick to the Ordinance and not support the variance. She feared that if
this variance were approved, numerous requests would be made in the future from lakeshore
property owners.
Mayor Grant indicated he would be supporting the motion on the floor. While he appreciated
the fact the applicant had come back with adjusted plans, he believed there were ways for the
applicant to meet the Ordinance requirements.
Councilmember Holden clarified the applicant had not modified his plans since last fall.
Planning Consultant Kansier reported the plans were adjusted in October, but no adjustments
have been made since that time.
Mayor Grant questioned what options the applicant would have regarding an accessory structure
if this variance were denied.
Planning Consultant Kansier explained the applicant would not be able to bring a variance
request before the Council for another six months, unless it was a substantially different request.
She commented another option would be for the applicant to bring an accessory structure request
that meets the City's requirements.
ARDEN HILLS CITY COUNCIL—J U LY 12, 2021 8
A roll call vote was taken. The motion to deny Planniniz Case 20-017 for a
Variance at 3493 Siems Court carried 4-1 (Councilmember Scott opposed).
11. COUNCIL COMMENTS
Councilmember McClung explained he recently visited the Ramsey County mobile refuse/waste
site at the Public Works site. He encouraged residents to take advantage of this resource.
Councilmember Scott also reported the Ramsey County mobile household waste site was up and
running at the Public Works site every Friday and Saturday for the remainder of July.
Councilmember Scott stated he joined Councilmember Holmes and City Administrator Perrault
at a Hot Dog with a Deputy event last week. He noted this event was held at Arden Manor Park.
He thanked the Ramsey County Sheriff's office for hosting this event.
Councilmember Holmes thanked City Administrator Perrault and Interim Public Works Director
Swearingen for addressing the weed concerns in the Venus neighborhood.
Councilmember Holden commented the Army Restoration Advisory Board (RAB) would be
holding a public hearing regarding Round Lake remediation on July 20 and requested staff notify
the properties that surround Round Lake.
Councilmember Holden reported the flower beds along County Road 96 were in great condition.
She thanked staff for their efforts.
Mayor Grant stated he noticed the railroad bed south of Chatham was graded on both sides of
the track. He requested staff investigate this and report back to the Council.
Mayor Grant indicated he noticed the brown mulch that has been put in place throughout the
City by the ICWC workers. He explained these crews have been doing great work in the
community.
ADJOURN
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to adiourn. A roll call vote was taken. The motion carried (5-
Mayor Grant adjourned the Regular City Council Meeting at 7:50 p.m.
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Jul Hanson David Grant
Cit' Clerk Mayor