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HomeMy WebLinkAbout11-28-22-R 'It --A DEN HILLS Approved: December 12, 2022 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 28,2022 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, and David Radziej Absent: Councilmember Steve Scott(excused) Also present: City Administrator Dave Perrault; Public Works Director/City Engineer David Swearingen; Community Development Director Jessica Jagoe; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve the meeting agenda as presented. The motion carried (4-0). 2. PUBLIC INQUIRIESANFORMATIONAL Kathy Nelson, 3475 Siems Court, congratulated the Mayor on his recent reelection. She thanked the outgoing Councilmembers for, their service to the community. She encouraged the Council took another look at the proposed intersection improvements being planned for Johanna Boulevard and Old Snelling. She believed the grade at this intersection was a concern and anticipated the roundabout would not function properly. She stated for the record there has not been an accident at this intersection in the past five years, which was information she learned from the County Engineer. She discussed the number of driveways that would be impacted by this change and commented on how the eight new street lights would adversely impact the neighbors. 3. RESPONSE TO PUBLIC INQUIRIES None. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 2 4. PUBLIC PRESENTATIONS None. 5. STAFF COMMENTS None. 6. APPROVAL OF MINUTES A. November 14, 2022, Regular City Council MOTION: Councilmember Radziei moved and Councilmember Holden seconded a motion to approve the November 14, 2022, Regular City Council meetinz minutes as printed. The motion carried (4-0). 7. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Resolution 2022-051 Accepting The Liability Coverage Limits From The League Of Minnesota Cities Insurance Trust(LMCIT)For 2023 C. Motion To Approve Ordinance 2022-007 Amending Chapter 13, Section 1325, Subsections 1325.05 (Design Standards) And 1325.055 (Tree Preservation) And Authorizing Publication Of Summary Ordinance—Planning Case 22-021 D. Motion To Approve Ordinance 2022-008 Amending Chapter 2, Section 210, Subsection 210.03, Subd. 5 Regarding Initial Meeting Of The Year E. Motion To Approve Resolution 2022-052 Decertifying Tax Increment Financing Renewal And Renovation District No. 1-4, Presbyterian Homes F. Motion To Approve Payment No. 4 — T.A. Schifsky & Sons, Inc. — Snelling Avenue North Street And Utility Improvements Project MOTION: Mayor Grant 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 (4-0). 8. PULLED CONSENT ITEMS None. 9. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 3 Mayor Grant opened the public hearing at 7:07 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:08 p.m. 10. NEW BUSINESS A. Resolution 2022-053 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated October 19, 2022 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 21, 2022. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2023. 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. MOTION: Councilmember Radziei moved and Councilmember Holden seconded a motion to adopt Resolution 2022-053 — Adopting and Confirming Ouarterly Special Assessments for Delinquent Utilities. The motion carried (4-0). B. Resolution 2022-054 — Planning Case 22-019 — Variance — 3588 Ridgewood Road —Ahmed Ali and Nawai Hirsi Community Development Director Jagoe stated at the August 16, 2021 Work Session, the Arden Hills City Council first discussed selling the city-owned parcel at 3588 Ridgewood Road— now the Subject Property of this planning case. At the subsequent meeting, the Planning Commission reviewed the interest in selling the parcel for consistency with the City's Comprehensive Plan. The City has verified that the parcel is not dedicated for a public purpose that would prohibit the sale (i.e. park land or public improvements) or as a site for future development to meet the needs of city infrastructure or operational activities, and it was found that the sale of the Subject Property would be in compliance with the City's Comprehensive Plan. Community Development Director Jagoe reported during the discussions, the City was evaluating the parcel size based off of Ramsey County Property Records and GIS mapping as there was no certificate of survey on record for the Subject Property. Ramsey County Property Records have the deeded acreage as 0.31 acres (approx. 13,500 square feet). The Subject Property came from the State through the County as part of the turn back of the Old Snelling Avenue (now referred to as Snelling Avenue North) corridor ROW to the City. Based on the best information available from Ramsey County, city staff initially identified that the total lot area of the parcel would be nonconforming since the minimum lot area requirement in the R-1 District is 14,000 square feet. A preliminary analysis of lot dimensions was completed as part of the Planning Commission review utilized the County's GIS mapping in order to garner the approximate lot width and lot depth. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 4 Community Development Director Jagoe explained over the next year, city staff worked through the process to facilitate the sale of the Subject Property. On August 8, 2022, the City Council approved the purchase agreement for the Subject Property from Ahmed Ali and Nawal Hirsi. The purchase agreement included an acknowledgement of the Applicant's responsibility for all costs associated with due diligence which includes the variance review due to the nonconforming lot size. As part of the due diligence via a survey, it was determined that the lot measured approximately 14,472 square feet, and would not require a variance for lot area but would require a variance for lot depth. Community Development Director Jagoe commented the Applicants requested feedback on the variance request at the City Council Work Session meeting on October 17th ahead of the Planning Commission review. The discussion amongst the City Council was generally supportive of the driveway access off of Snelling Avenue N., but there was consensus that the Applicants should consider moving the house placement slightly north in order to gain more room from the adjacent parcels. The Applicants did shift the house location slightly to the north for the full submission. Since the concept review, the proposed setback from Ridgewood Road has been modified from 12 feet to 16.3 feet, and from 10 feet to 14.1 feet adjacent to the south side yard property line. Community Development Director Jagoe stated at their November 9, 2022 meeting, the Planning Commission reviewed the variance request on the Subject Property. After discussion,the Planning Commission voted to recommend approval of the non-conforming lot depth variance by a 7-0 vote. The Planning Commission also recommended denial of the parcel setbacks and driveway access variance by a 4-3 vote. The Planning Commission cited the following reasons for this denial: - The degree of the setback variance requested is too significant. - The site is to be accessed from Ridgewood Road and access off of Snelling is not recommended for safety reasons. Community Development Director Jagoe reviewed the existing site conditions, site data and provided further information to the Council on the Plan Evaluation. Community Development Director Jagoe offered the following Findings of Fact: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District lot depth, front yard setback, and driveway access at the Subject Property, 3588 Ridgewood Road. 2. The Subject Property is a nonconforming lot of record deeded to the City through the State and County from the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North). 3. The Subject Property is a nonconforming lot with a mean lot depth of 97.4 feet and does not comply with the minimum R-1 district standards for lot depth of 130 feet. 4. The Subject Property is currently undeveloped 5. The Planning Commission has determined that a potential sale of the City owned property at 3588 Ridgewood Road would be in compliance with the City's Comprehensive Plan. 6. The proposed single-family dwelling would not require a side yard setback variance. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 5 7. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 3. A single-family dwelling is a permitted use within the R-1 Zoning District. 4. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 5. The nonconforming lot depth for the R-1 Zoning District is a unique circumstance that is attributed to the dimensions of the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North)turned over to the City. 6. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 7. The variance request is not based on economic considerations alone. Community Development Director Jagoe explained the Planning Commission recommended approval of Planning Case 22-019 for a Variance to allow a nonconforming lot depth at 3588 Ridgewood Road, based on the findings of fact and the submitted plans, as amended by the conditions in the November 28, 2022, Report to the City Council: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 4. Upon completion of grading and utility work on the site, a grading as-built and utility as- built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A separate right-of-way permit for each roadway shall be required for work performed within the City right-of-way. 9. All Public Works Director/City Engineer comments as stated in the November 9, 2022 Staff Report for driveway access connection and utility connections shall be addressed and are adopted herein by reference. The Applicants shall be financially responsible for 100 percent of the costs for connections. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 6 10. The Applicants shall be responsible for obtaining a Sanitary Sewer Connect Permit. 11. The Applicants shall be responsible for obtaining a Water Connect Permit. 12. Prior to the issuance of a building permit, the Applicants shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 13. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. Councilmember Radziej asked if the City had sold this piece of property. Community Development Director Jagoe explained the City had not sold the subject property. She indicated the closing was scheduled to occur in December and the applicant was waiting for the decision on the variances. Councilmember Radziej questioned if the applicant would not buy the property if the variances were not approved. Community Development Director Jagoe stated this question has not been asked of the buyer. In order for the property to be developed, a variance would be required for the non-conforming lot depth. Councilmember Radziej inquired if the buyer knew this type of variance was required. Community Development Director Jagoe reported the listing for the subject property did identify that it was a non-conforming lot due to the lot size and the future buyer would have to provide a certificate of survey and be responsible for the variance request for the lot size. She stated as part of this, the applicant is pursuing two additional variances, one for reduced front yard setbacks and the other for the driveway access off a collector road. Councilmember Holmes requested further information regarding the front yard setback and access requirements. Community Development Director Jagoe discussed the certificate of survey in further detail with the Council. Mayor Grant asked if the south property line would have a 10 foot setback. Community Development Director Jagoe explained the applicants have adjusted the placement of the house and the south property line setback was now 14.1 feet. Mayor Grant questioned how it was missed that this lot had enough square footage to be buildable. Community Development Director Jagoe stated she followed up with Ramsey County GIS staff on this matter and she learned this has occurred from time to time when properties don't have an official certificate of survey or meets and bounds description. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 7 Mayor Grant inquired what the setback from the curb would be from the Taylor property to the north. Community Development Director Jagoe indicated there would be a 55.8 foot setback from the north property line. She commented further on the setbacks for both the proposed home and the home on the Taylor property. Public Works Director/City Engineer Swearingen reported the proposed home would sit closer to Snelling Avenue than the Taylor home, by approximately 32 feet. Councilmember Holden asked if the house placement was similar to the other homes along Ridgewood Road. Community Development Director Jagoe stated this was part of the applicants' statement. Councilmember Holden questioned if the subject property was zoned park land. Community Development Director Jagoe explained the subject property was not zoned park land, but rather was zoned R-1 Single Family District. Councilmember Holden commented on the letters the City received from the neighbors who had raised concerns about the development of this property and that they were told this property would never develop. She questioned who had told the residents this information. Community Development Director Jagoe reported she was uncertain who on staff had told the residents this information. Councilmember Holden stated it was her understanding Pam, the receptionist at City Hall, had provided residents with this information. Councilmember Holmes commented on the discussions that were held at the Planning Commission where a resident recalled hearing this lot would not be developed from someone at City Hall named Pam. Councilmember Holden explained she had never been approached about making the subject property into park land. She discussed how it would be difficult to access the subject property without taking down the retaining wall. She stated she believed the retaining wall was a beautiful aspect of Ridgewood Road. She feared how the neighborhood would be impacted if the retaining wall were removed. For this reason, she supported the property being accessed from Snelling Avenue. She requested further information from staff regarding the bidding process for this lot. Community Development Director Jagoe reported the City selected a listing agent and the property was listed on the MLS. The City received multiple offers for this property. She noted a few of the offers had escalation clauses which led the listing agent to speak with each of the parties requesting they provide the City with a final and best offer. She noted the listing stated City Code required access to be off of Ridgewood Road. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 8 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution 2022-054 and approve Planning Case 22-019 for a Variance as requested at 3588 Ridgewood Road, based on the findings of fact and submitted plans, and the conditions in the November 28, 2022, Report to the City Council. Councilmember Holden asked if a smaller home were built on the lot, would this reduce the number of variance requests, except for the driveway access. Community Development Director Jagoe stated if the variances were approved as requested by the applicant, with the front yard setback and driveway access and the size of the house was reduced, they would not be able to go any closer to Ridgewood Road or Snelling Avenue than the variances granted. She clarified that without the variances being granted the house size would have to be reduced in order to fit within the building envelope. Councilmember Holden requested staff show photos of the property from Ridgewood Road. She stated again that she believed it would be a shame to have to remove the retaining wall and trees from Ridgewood Road in order to build the proposed home. She explained she supported the property being accessed from Snelling Avenue in order to save the retaining wall and buffer that was already in place. Mayor Grant questioned what the impervious coverage would be on this lot. Community Development Director Jagoe reported the impervious coverage would be 23%with the proposed house footprint and driveway. Councilmember Holden supported all of the construction traffic accessing the site from Snelling Avenue in order to protect the trees and retaining wall along Ridgewood Road. She asked how many trees would be removed from the lot. Community Development Director Jagoe estimated eight trees would be removed from the property for the building site and driveway. Mayor Grant asked how the subject property would connect into City water and sewer. i Public Works Director/City Engineer Swearingen explained the property would connect into City water and sewer from Ridgewood Road and the contractor would be staying away from the retaining wall. Owen Norcutt, Norcutt Homes, introduced himself to the Council and stated he was a contractor working with the applicant. He reported the property would be tied into City water and sewer from Ridgewood Road and noted the retaining wall would not be impacted. Councilmember Holden stated she did not believe a smaller house would fit into the character of the neighborhood. In addition, she appreciated the fact that the retaining wall would be maintained by the applicant. She explained she would be supporting the variances as requested. ARDEN HILLS CITY COUNCIL—NOVEMBER 28, 2022 9 Councilmember Holmes indicated she heard a lot of discussion about this request between the Planning Commission and City Council meetings. She discussed the three variances being requested by the applicant and she believed the applicant and the architect have done a good job with the proposed home placement. She noted she would be supporting the variances as proposed. Mayor Grant commented he agreed with Councilmember Holmes and Councilmember Holden. He appreciated the proposed home placement on the lot and thanked the applicant for moving it to the north four feet. He stated he would be supporting the variance with the driveway access coming off of Snelling Avenue. The motion to adopt Resolution 2022-054 and approve Planning Case 22-019 for a Variance as requested at 3588 Ridgewood Road, based on the findings of fact and submitted plans, and the conditions in the November 28, 2022, Report to the City Council carried (4-0). 11. UNFINISHED BUSINESS None. 12. COUNCIL COMMENTS Councilmember Holden explained she would like further information from staff regarding what was occurring on the old fire station property. Community Development Director Jagoe reported she would follow up with staff and would report back to the City Council. Councilmember Holden expressed concern with the lack of activity on this property and the fact that the fill that had been brought to the site was full of garbage. She noted this was a residential street and it was now full of garbage. She recommended the site be abated by the City. Mayor Grant requested staff visit and document the condition of the site. ADJOURN MOTION: Councilmember Radziei moved and Councilmember Holmes seconded a motion to adjourn. The motion carried (4-0). Mayor Grant adjourned the Regular City Council Meeting at 8:02 p.m. 1 'j " A 'A o I J a..-/— Ju ie Hanson David Grant CiVJClerk Mayor