Loading...
HomeMy WebLinkAboutCC 07-29-2002 . . . ~. ~~HILLS MEETING MINUTES APPROVED CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MOXDA Y, JULY 29, 2002, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereot~ Mayor Dennis Probst called to order the regular City Council meeting at 7:04 p.m. Present: Mayor Dennis Probst, Council Members Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rern. Absent: None. Also present were City Administrator, Joe Lynch; City Planner, Aaron Parrish; Director of Operations and Maintenance, Tom Moore; City Engineer, Greg Brown, and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Mayor Probst requested 7B be moved up to 7 A. MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to adopt the amended agenda for the July 29, 2002, regular City Council meeting. The motion carried unanimously (5-0). 2. APPROVAL OF MINUTES ARDEN HILLS REGULAR CITY COUNCIL :\1EETING MINUTES .HJL Y 29, 2002 2 . A. B. July 8, 2002 Council Meeting JLdy 15,2002 Council Work Session Council Member Grant requested the following changes: July 8, 2002 Council Meeting Minutes change the heading to reflect that there was a Special City Council Meeting which started at 6:00 p.m. Under the also present section, change Mr. Post's title to City Accountant and delete Jim Prosser. Page 8, under City Council Reports, first paragraph, second sentence, should read: "He suggested the City Task Force meet with g County Task Force.. .". July 15,2002 Council Work Session, Page 4, first paragraph should read.. ."stated he also wanted to consider the budgetary impact. .." Council Member Rem requested the following changes: July 15, 2002 Work Session Minutes, page 4, fifth paragraph from the bottom, second sentence, Roger Aitkin was misspelled, the correct spelling is Aiken. July 8, 2002 Regular City Council Meeting Minutes, Page 7, Resolution No. 02-32, add a sentence to read: "Resolution No. 02-32 was requested to be removed from the Consent Agenda for discussion". . Council Member Larson requested the following changes: Page 15, 2002 Work Session Minutes, page 4, fifth paragraph from the bottom, second sentence, should read: "He said Roger Aiken was appointed to the Rice Creek Watershed and expressed an intcrest...". Mayor Probst requested the following changes: July 8, 2002, Regular City Council Meeting Minutes, first paragraph, should state: "Jeff Knutson, Attorney for CRR Companies. . .". MOTION: Council Member Aplikowski moved and Council Member Rem seconded a motion to approve the July 8, 2002 Council Meeting and July 15, 2002 Council Work Session as minutes amended. The motion carried unanimously (5-0). . ARDEN HILLS REGCLAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 . 3 3. CONSENT CALENDAR A. Claims and Payroll. MOHON: Council Member Larson moved and Council Member Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion can-ied unanimously (5-0). 4. PUBLIC INQUIRIES/INFORtVIATJONAL None. 5. PUBLIC HEARINGS A. Assessment Hearing: Hunters Court & Waldon Place . Mayor Probst opened tlle Public Hearing at 7: 11 p.m. Mr. Brown presented the proposed assessment role and property map for the project area. He indicated the proposed assessment rate was $51.00 per front foot, which generatcd a total project assessment amount of $85, 130.00. He indicated the assessments could be paid in full or by installments over 10 years at an annual interest rate of 6.5%. Cliff Bujold, 1134 Hunters Court, questioned thc assessment rate. He asked what the rate was based on, and what happened if the cost of the project was higher than the estimated cost, and what happened if it was lower. He stated with the heavy rain last night, there was now standing water on the properties in his area. He asked if the drain was plugged and if this could be looked at when the area was reconstmcted. He stated he believed the drain might be plugged. Mayor Probst stated the drainage issue was something the Operations and Majntenance Departmcnt would need to look at. He indicatcd thc assessmcnt rate was established by the COLmcd. He noted the $51.00 was based on looking at the previous assessment rates. He statcd the $5 1.00 was locked in. If the price went up . or down, the assessment would not change. - ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 4 . Mr. Brown stated sincc they had received bids, the bids camc in a bit above the engineer's estimated cost, so the City would be bearing more of the cost for this project. Dcnnis Munson, 1144 Waldon Place, stated he had 85 frontage feet and it appeared he was paying more than others and he asked for an explanation. Mayor Probst explained this was a cul-de-sac lot and thcre was a different calculation used for cul-de-sacs. Mr. Munson asked if it was in the plan to dredge the ponds in the area to improve drainage. The City Enginecr indicated they would be looking at those ponds to determine if there was a drainage problem. He stated there was some dredging proposed as a part of thi s proj ect. Brenda Goldman, 1146 Waldon Place, asked what hcr front footage was. The City Engineer stated it was 103.45 and the actual platted tfont footage was 47 to 50 feet. . Mayor Probst explained the logic behind the policy was that on longer cul-de-sacs, the expense would be n011l1alized among all of the property owners. He stated this policy had been in place for years. Ms. Goldman asked when the project would be started. The City Engineer stated it would not start until August 19 with final completion of October II. Council Member Larson requested staff provide the residents with a copy of the assessment policy. Mr. Bujold requested after the drainage issue was addressed by the Operations and Maintenance Department, and it was determined a drainage problem, that this be fixed at thc same time the street was torn up. Mayor Probst closed the Public Hearing at 7:37 p.m. i. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 5 MOTION: Council Membcr Aplikowski moved and Council Member Grant seconded a motion to approve the assessment of 6.5% for Hunters Court & Waldon Place. The motion carried unanimously (5-0). B. Resolution No. 02-34 Adopting the 2002 PMP Assessment for Hunters Court and Waldon Place MOTION: Council Member Larson movcd and Council Member Aplikowski seconded a motion to approve Resolution No. 02-34 Adopting the 2002 PMP Assessment for Hunters Court and Waldon Place as amended changing December 13, 2013 to December 13, 2003 in Paragraph 2 of the Resolution. The motion carried unanimously (5-0). C. Resolution No. 02-36 Awarding 2002 PMP Bid for Hunters Court & Waldon Place Mr. Brown noted bids were received and opened for the above-referenced project. Bids were received from five contractors, with T.A. Schifsky and Sons, Inc. submitting the low base bid in the amount of $160,416.50. MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve Resolution No. 02-36 Awarding 2002 PMP Bid to T. A. Schifsky and Sons, Inc. for Hunters Court & Waldon Place as presented. The motion canied unanimously (5-0). Council Member Larson requestcd they have a future discussion on how the City will handle assessments for bids that came in both over and under the City Engineer's cstimate. 6. FINAXCE None. 7. COMMUNITY SERVICE Item 7B moved ahead of Item 7 A by the request of Mayor Probst. ARDEN H1LLS REGULAR CITY COUNC1L MEETING MINUTES JULY 29, 2002 6 . B. Planning Case 02-15: Berndt - Special Use Permit Mr. PaITish stated the applicant was requesting a Special Use Permit to construct a boat housc on Lake Johanna. He noted the Planning Commission recommcnded denial of the Special Use Pennit finding the proposed boat house did not furthcr the purpose and intent of Zoning Ordinance Section 1 (B) (2) "to promote the character of and prcserve and enhance the propcrties and areas within the city including wetlands, ponds and marshes." Mayor Probst requested the Planning Commission look at the Shoreland Ordinancc as it related to boat houses for their comments and recommcndations. Mayor Probst stated his view on the request was that boat houses were not permitted to have space for human habitation or sanitation facilities. He stated he would not support this project. . Council Member Grant stated his view was that this proposed boat house would changc the character of the lake and he was not in favor of changing the character of the lake by adding a boat house. Council Member Aplikowski statcd her view was that this was far beyond what she considered a boat bouse and she would not support this request. Council Member Rcm stated her view was that this boat house did not fit into the definition of a boat house and she would not support this request. Council Member Larson stated his view was that the boat houses currently situated on the lake were old and would eventually go away. He stated while the proposed boat house would be attractive, it was not appropriate and this would set a precedent and the Council should not support this request. He requested the Planning Commission look at the specific language for boat houses and come back to Council with their recommendations. . Steve Bemdt, 811 Tanglewood Drive, Attorney for Fred and Sylvia Bemdt, stated this rcquest was a permitted usc at the present time. He stated Mr. and Mrs. Berndt were willing to make changes in the plan in which the boat house would strictly be used as a boat house. He stated Mr. and Mrs. Berndt did not intend to have . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 7 sanitary facilitics in the boat house. lIe stated this request could be approved for only the boat house without anything above it. lIe stated Mr. and Mrs. Bemdt wcre willing to makc the design fit with all of the City's requirements. lIe stated Mr. and Mrs. Bemdt believcd a boat house was an improvement over what was on the lake now. He pointed out that a boat house did not mean bigger boats because of the DNR size restrictions. He indicatcd thc restrictions that were originally placed on thc lots had expired. He statcd this proposed boat house was permitted by the Ordinance. Monty Kronsted, stated he was not in favor of the boat house. He stated boat houses would be an eyesore on the lakeshore. Roberta Thompson, 3413 Snelling Avenue North, stated a boat house would impact thc shoreline, while a covered boat lift would not. She stated a lot of the residents would like boat houses, but they did not want boat houses on Lake Johanna. She stated most of the residents did not know this was allowcd by a Special Use Permit. She indicated it was a mindset of the residents on the lake that this was not allowed and she believed they wanted to keep it that way. . Lowell Franklin, 3203 Shorewood Drive, statcd they liked the elear lines of the lake and boat houses WOLdd obstruct those lines. He expressed conccm about selling a precedence if this would be allowed. . Jerry Minke, 1463 Bussard Court, stated Mr. Bemdt was a friend of his and he also owned a lake home in Wisconsin. He indicated the environmental issue, once researched, would be different than what they were assuming. lIe stated this was a residential lake and he stated he could not envision many boat houses on this lake. He stated boat houses offered security and they were a lot nicer to look at than shore stations. Chuck Mertensotto, 3473 Lake Johanna Boulevard, statcd this was a City lake and peoplc had the enjoyment of looking at the lake. He stated if boat houses were added, that would make an obstruction for the enjoyment of the citizens. He indicated he was not in favor of boat houses being allowed on the lake. Warren Forslund, 3197 Shorewood Drive, stated if one boat house was allowed on the lake, more boat houses would be requestcd and it would bc harder to tum down boat house pennits in the future if this was allowed. He asked where would it end and how would they be regulate the boat houses if this Special Use Permit was granted. He requested Council deny this request. ARDE:'-1 HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 8 . Joc Kahnke, 1541 Edgewater Avenue, stated he was against this proposal. He stated the lots were too small for boat houses. Mary Kahnke, 1541 Edgewater Avenue, stated when they bought their lots, they were told the restrictions that were on the property were forever. Shc stated if they knew they had expired in 1985, they would have had them extended. She indicated boat houscs would clutter up the lake. Roberta Thompson, stated there were cunently six boat houses and 10 sheds on the lake. Marie Bezdicek, stated on hcr side of the lake there were thrcc or four "boat houses" that were not used for boats. The boat houses there were used for storage, but not for storage of a boat. . The City Attomey pointcd out that the policies and intcnt of the City Code was to promote the character of and enhance the properties and most property owners on the lake did not believe that boat houses would enhance the properties. He stated the people most affected by this did not want boat houses. He rceommended Council deny this request and change the proposal number I language to read, 'The proposed mixed use structure does not further. . .". MOTION: Council Member Larson moved and Council Member Grant seconded a motion to deny Planning Case 02-15, Berndt, Special Use Pennit for the following reasons: 1. The proposed mixed-use structure docs not further the purpose and intent of Zoning Ordinance Section I (B) (2) "to promote the character of and preserve and enhance the propertics and areas within the city including wetlands, ponds and marshes". 2. The property owner submittcd an application for a special use permit to construct a boat house. However, based upon the materials submitted by the applicant, the intended use of the structure is for a combination boat house, storage facility, and screcned porch. In addition, the floor plan submitted illustrates a bathroom on the upper level, which indicates that the structure could be used for human habitation. The proposed usc would be in violation of AH Section 334.02, subd. 2A, and . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 9 334.04, Subd. SA and therefore, is not allowed in the proposed location as a pcrmitted or a special use. The motion can-ied unanimously (5-0). Council requested the moratorium issue to put on the City Council agcnda for August 12 after the Planning Commission had the opportunity to review and makc recommcndations. A. Planning Case 02-14: Goserud - Final Plat Mr. Pan-ish statcd applicants were requesting Final Plat approval to divide one cxisting lot zoned R-l Single Family Residential into two lots zoned R-l Single Family Residential. He noted tIle Planning Commission recommended approval of the final plat with conditions. Mayor Probst stated he had not supported this when the preliminary plat was presented and he would not support this for the same reasons he did not support the preliminary plat. Council Mcmber Rem stated she still had conccrns about this development, especially with respect to drainage and she had voted against it originally, but she would support the Final Plat. Council Member Aplikowski, Grant and Larson indicated they were voting in favor of this development. Tom Goserud, 4350 Hamline Avenue, stated the drainage concerns had been created by the neighbors and once this development wcnt in, the drainage problems would probably get better. MOTION: Council Member Grant moved and Council Member Aplikowski secondcd a motion to approve Planning Case 02-14, Goserud, Final Plat, with the recommended conditions. The motion carried (4-1 Probst). c. Planning Case 02-16: North Heights Lutheran Church - Sign Standard Adjustment. ARDEN HILLS REGULAR CITY COlTNCIL MEETING YI!l\lJTES JULY 29, 2002 ]0 . Mr. Parrish stated applicant was requesting a sign standard adjustment from the sign code to construct an auxiliary sign larger than the code required maximum. He noted the Planning Commission recommended approval of the sign standard adjustment. Orlando Logelin, North Heights Lutheran Church Minister of Administration, statcd the signs had two different purposes. The existing sign had the name of the Church and was not a directional sign. He stated one ofthe problems they had was with traffic management and the sign they were proposing would aid in that traffic management. He stated they agreed with the three conditions recommended by the Planning Commission. MOTION: Council Member Larson moved and Council Member Aplikowski seconded a motion to approve Planning Case 02-16, North Heights Lutheran Church, Sign Standard Adjustment for the two reasons as OLltlined by the Planning Commission and with the three conditions as presented. The motion carried unanimously (5-0). . D. Planning Case 02-17: Fertig - Variance/Setback Mr. Parrish stated the applicant was requesting a variance from the side yard adjustment in the R-l Zoning District for an addition. He indicated thc applicant was requesting a 6- foot side yard setback where a 10- foot setback was required. He indicated the Planning Commission recommended denial of a rcduccd side yard setback of 6 feet, where 10 feet was required finding the no hardship existed on the property and the previously existing two car garage could be rebuilt within the required setback. Mark Fertig, 1413 Colleen Avenue, stated they had a fire and their garage burned down and the reason they wanted to expand the garage was because it was cost effective. If they bad not had the fire, they would not be requesting this expansion. He stated without the extra four feet, they would not be able to put three vehicles in the garage. He stated none of his neighbors opposed this proposal. He stated the only hardship he had was that his daughter just turned 16 and would soon be needing a spot for her vehicle. However, he stated while they might not have a hardship, they did havc the need for the extra garage. . Council Member Larson stated that it was difficult to see that not having a three- ear garage was a hardship. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 11 . Council Member Rem indicated it was important to maintain the setback the City had, and while Mr. Fcrtig might not have enough room for a three-car garage, he had enough room to build a two and one-half car garage. Mayor Probst stated he would not support this due to there not being a hardship. Council Membcr Grant stated there were setbacks in place for a reason as indicated by Council Member Rem and he was not going to support this request. MOTION: Council Member Aplikowski moved for approval of Resolution No. 02-17, approving the sideyard setback of six feet where ten feet is required. The motion died for lack of a second. . MOTION: Council Member Larson moved and Council Mcmber Rem seconded a motion to deny Planning Case 02-17, Fertig, Variance/sctback due to it not mccting the side yard setback requirements in the R-l Zoning District, no hardship is existing on the property, and the previously existing two-car garage could be rebuilt within the required setback as set forth by the Planning Commission. The motion carried (4-1 Aplikowski). E. Planning Case 02-19: Tramm Builders - Concept Plan Mr. Parrish stated applicant was rcquesting a Conccpt Planncd Unit Dcvclopmcnt review. He indicated the applicant was proposing an office building at the comer of County Road E2 and Cleveland Avenue. Kim Tramm, Tramm Builders, 3585 Lexington Avenue North, presented his proposed conccpt plan and asked for Council's comments and recommendations. Council expressed concern about adequate parking and requested this be considered in his plan. Council Members Grant and Larson requested an extensive landscape plan and an upscale frontage view. Mayo Probst urged Mr. Tramm to consider wrapping tbe building around the . topography, which might open up other options for parking. Mayor Probst rcquested Item 9B be heard before Item 7F. ARDEN HILLS REGULAR CITY COU'-JCIL MEETING MNUTES JULY 29, 2002 12 . 9B. St. Katherine's Ukrainian Orthodox Church Charitable Gambling Premises Permit Renewal Resolution No. 02-35. Mr. Lynch stated this was a request for renewal for St. Katherine's Ukrainian Orthodox Church Charitable Gambling Premises Pcrmit Renewal. MOTION: Council Mcmber Aplikowski moved and Council Member Grant seconded a motion to approve Resolution No. 02-35, St. Katherine's Ukrainian Orthodox Church Charitable Gambling Premises Permit Renewal. The motion carried unanimously (5-0). F. Planning Case 02-04: Subdivision Regulations Mr. Parrish presentcd the proposed Subdivision Ordinance Modifications. He indicated the Planning Commission held a public hcaring on the proposed modifications and did not receive any comments at that time and approved the Ordinance as presented. . Council Mcmbers Grant and Rem expressed concern about the streetlight references and suggested this language be modified. MOTION: CouneiJ Member Larson moved and Council Member Aplikowski seconded a motion to introduce and have first rcading of Ordinance #33, an Ordinance modifying Chapter 1 I ofthe City Code and set this for a sccond reading. The motion canied unanimously (5-0). MOTION: COlLllcil Member Aplikowski moved and Council Member Larson seconded a motion to extend the Regular City Council Meeting until 10:25 p.m. The motion carried unanimously (5-0). G. Local Stormwater Management Plan Approval . Mr. Parris stated in Novcmber, 2001, the Council directed staff to submit thc Local Stormwater Management Plan to various governmental agencies and to make it avai lable for public review. He indicated based on the commcnts rcceived and after approval from the Ricc Creek Watershed District Board of Managers, they were recommending final approval of the Local Stormwater Management Plan. . . . ARDEN HILLS REGULAR CITY COU.\JCIL MEETING MINUTES JULY 29, 2002 13 MOTION: Council Member Rem moved and Council Member Aplikowski seconded a motion to approve the Local Stormwater Management Plan as submitted. The motion calTied unanimously (5-0). 8. OPERATIONS AXD MAINTENANCE None. 9. CITY ADMINISTRATOR'S REPORT A. Report: TCAAP Washington DC Mr. Lynch updated Council on the recent meetings regarding TCAAP III Washington DC. 10. CITY COUNCIL REPORTS Council Member Grant stated the Maintenance Facility Task Force had not set a date yet for their next mccting. He requested the Maintenance Facility Task Force Meetings be added to the calendar. Council Member Larson complemented staff on the Pavement Management Plan meeting. He requested in the future two members of staff review all Public Noticcs. He updated Council on the recent Parks Trails and Recreation Committee meeting. He updated Council on the recent Lake Johanna Fire Board meeting. Council Mcmber Aplikowski requested larger coffee cups be provided. Council Member Rem requested information on staff's salaries prior to reviewing the budget. Mayor Probst stated therc was an Open House this Saturday at the Resource Center and urged the Council Membcrs to stop by. RECESS Mayor Probst adjourned the Regular City Council Meeting meeting at 10:35 P.rn. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 29, 2002 14 Dennis Probst Mayor Joe Lynch City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, August 12, 2002 at 7:00 p.rn. at the Arden Hills Council chambers.