Loading...
HomeMy WebLinkAboutCC 02-27-2006 e e e ~ ~~ILLS Approved: March 13, 2006 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING FEBRUARY 27, 2006 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:04 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, and Brenda Holden. Absent: Councilmember Vincent Pellegrin (excused). Also present were City Administrator, Michelle Wolfe; Finance Director/Treasurer, Murtuza Siddiqui; Community Development Director, Karen Barton; City Engineer, Kris Giga; Assistant to the City Administrator, Schawn Johnson; City Planner, James Lchnhoff; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. February 13, 2006 City Council Meeting B. January 23,2006 Work Session Meeting MOTION: Councilmember Larson moved and Counci1member Holden seconded a motion to approve the Febmary 13, 2006 City Council Meeting Minutes and the January 23, 2006 Council Work Session Minutes as presented. The motion carried unanimously (4-0). e e e ARDEN HILLS CITY COUNCIL - February 27,2006 2 3. CONSENT CALENDAR a. Claims and Payroll b. Resolution No, 06-23: Designating Polling Locations for the 2006 Primary and General Elections c. Resolution No, 06-24: Approving an Absentee Ballot Board for the 2006 State Primary and General Elections MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PUBLIC INQUIRIES/INFORMATIONAL None. 5. PUBLIC HEARINGS None. 6. NEW BUSINESS A. Motion to Approve Ordinance #371 - Revisinl! the Peddlers, Solicitors, and Transient Merchants Ordinance Mr. Johnson stated at the May 31, 2005 City Council meeting, the City Council adopted a new Peddler, Solicitor, and Transient Merchant Ordinance. Overall, the new ordinance has been successful. However, in December, staff received a peddler, solicitor, and transient merchant permit request from a local Girl Scout Troop, The City's existing ordinance requires the Girl Scout Troop to submit a roster with the namcs and addresses of all the troop members to the City. Staff did not believe this information was necessary and therefore, consulted with the City Attorney to review potential language that could be inserted into the ordinance to minimize the information requirements for exempt organizations. In February, City staff noticed a peddler was selling frozen shrimp along the Highway 10 and Highway 96 right-of-way. City staff requested the peddler leave the site and obtain the proper permit from the City. After reviewing the City's existing ordinance, the City Attorney recommended the definition of a peddler be redefined in the ordinance in order to ensure that peddlers selling goods and services in this marrner are covered under the City's peddler, solicitor, and transient merchant ordinance. The recommended changes have been reviewed by the City Attorney and he is comfortable with the changes that staff is proposing. Councilmember Larson stated it was not clear to him how Schwan's and/or Simon Delivers would be exempt from the Ordinance. Hc stated it appeared the sentence being struck was what e e e ARDEN HILLS CITY COUNCIL - February 27,2006 3 that sentence was trying to do. Mr. Johnson responded he would need to receive a legal clarification from the City Attorney, but he understood even with this change, a business such as Schwan's and/or Simon Delivers would be exempt. Councilmember Grant stated he was in favor of the Ordinance with the changes. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve Ordinance #371 - Revising the Peddlers, Solicitors, and Transient Merchants Ordinance, The motion carried unanimously (4-0). B. Planninl! Case #06-002: Garv Findell, 1401 Skiles Lane - Minor Subdivision and Variance Mr. Lehnhoff stated on February I, 2006, the Planning Commission voted to recommend denial of Mr. Findell's minor subdivision and variance rcquest. Mr. Findell has submitted additional information to encourage the Council to vote to approve this request. However, if the City Council prefers, the new material can be remanded back to the Planning Commission for further reVIew. He indicated Mr. Findell is correct that if the existing dwelling were moved to a conforming location, a variance would not be needed and the proposed subdivision would meet all technical requiremcnts of the R-1 Zone and the subdivision ordinance. If the variance is denied, Mr. Findell has indicated that he would move forward to have the existing dwelling relocated into a conforming position. Furthermore, he would request the City Council to table the current minor subdivision application and remand it back to the Planning Commission for review without the variance request. Unfortunately, variances are rarely clear-cut issues. When reviewing a variance related to a subdivision, a City typically looks for a hardship related to the land and not the stmctures on the land. In Mr. Findell's case, the variance and perceived hardship is related to the structure. Ideally, a subdivision would only create a confonning lot with conforming structures. While the minor subdivision would result in a conforming lot, the variance request would increase the non- con formity of the dwelling. It is open to interpretation if a hardship to allow the existing stmcture to remain within the side setback exists since the dwelling can be moved into a conforming location. However, moving the dwelling would certainly result in the loss of several mature trees. The Plmming Commission found that a hardship did not exist. The City can deny a subdivision application if it is determined that the subdivision would harm the public welfare; however, it would be difficult to make findings that this subdivision proposal would harm the public welfare since it meets or exceeds all provisions of the R-1 Zone and the subdivision ordinance. Although more review may be needed of Mr. Findell's assertions, a cursory review of the infomlation he submitted related to lot dimensions in the neighborhood does indicate that the size of his proposed lots would not be unique or obtrusive in the neighborhood. e e e ARDEN HILLS CITY COUNCIL - February 27, 2006 4 Mr. Lehnhoff stated he spoke with the City Attorney regarding Mr. Findell's application. The City Attorney concurred with Staff and the Planning Commission that the variance did not meet the legal criteria for a hardship. Howevcr, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwelling were in a conforming location, especially since the subdivision does meet or exceed all of the requirements of the R-l Zone. He indicated a letter was received from Mark Bohnenstingel and Patricia Murphy, 1394 Skiles Lane, of which each Councilmember received a copy. Mr. Lehnhoff stated he spoke with the City Attorney regarding Mr. Findell's application. The City Attorney concurred with Staff and the Plarrning Commission that the variance did not meet the legal criteria for a hardship. However, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwelling were in a conforming location, especially since the subdivision does meet or exceed all of the requirements ofthe R-l Zone Gary Findell, 1742 Hartford Avenne, St. Paul, summarized his proposal for Council. He indicated since the Planning COnmlission meeting, they have spoken with the neighbors regarding their plans. He noted the neighbors wanted to save as many trees as possible. He stated if the trees were removed, it would decrease the property value, which he believed would be a hardship. He stated they were willing to agree to replace trees that would need to be taken out and to replace trees that might die as a result of construction. He indicated they would work with the neighbors as much as they could, but this was private property. Councilmember Holden inquired on Lot 14 were there any mature oak trees. Mr. Findell responded the trees shown were pine trees. He stated their intent was to live in the newly constructed home. Councilmember Larson asked what information was being brought forward now that the Plal111ing Commission did not have at their meeting. Mr. Findell replied they now had a graphic illustration that showed the lots would be consistent in size with the remainder of the area; as well as a number of aerials. Mr. Lehnhoff noted the COnmlission was aware of the possible moving of the existing house, but the Commission did not have the level of detail the Council has. Councilmember Larson stated in reading through the materials, he agreed with the City Attorney that it would be difficult to find a hardship to allow a variance based on saving trees alone. He did think they should allow the minor subdivision, and deny the variance, He did not believe trees were a reason to allow a variance and did not believe this had ever been done in the past. e e e ARDEN HILLS CITY COUNCIL - February 27,2006 5 Richard Navratil, 1415 Skiles Lane, stated at the Planning Commission meeting he had expressed concern about trees. He noted since that time he had spoken with Mr. Findell and he was the person who told Mr. Findell about porches now being allowed and he believed porches added to a neighborhood feeling. He stated he has moved houses and he knew what disturbing the ground would do to the trees. He believed this was a hardship because of the effect the subsequent plans would have on the property. He noted what Mr. Findell was proposing to do would be spaced wider apart and would be more attractive to what was on the other side of the street. He stated the alternatives of moving the house was much more destructive to the lot. He noted bringing in the equipment necessary to move the house would do major damage to the root structures of the trees and in order to make this financially feasible, the new home would have to be a very large home, which would not fit in with the neighborhood. He stated Mr. Findell's request was reasonable and he asked Council to allow this. Councilmember Larson stated he appreciated the comments made, but thcy had a standard for what was considered to be a hardship and trees did not constitute a hardship. MOTION: Councilmember Larson moved and Mayor Aplikowski seconded a motion to approve Plal111ing Case No. 06-002, Gary Findell, 1401 Skiles Lane, Minor Subdivision with the following conditions: 1. The applicant shall file the minor subdivision with Ramsey County Revenue and Records and shall provide the City with a recorded copy within six months of the final approval date. The applicant shall provide a l2-foot drainage and utility easement on the street right-of-way and a 12-foot drainage and utility easement centered on common lot lines. The applicant shall pay a park dedication fee as determined by the City Council. The structure on the western lot shall be moved to a location that meets all required setbacks on the R-l Zone, including the lot setback of 40-feet from the right-of-way. The structure on the western lot shall be moved into a location that meets all required setbacks before any building permits are issued for any new structures on either lot except for any permits needed to move the structure into a conforming location. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. The applicant shall comply with applicable provisions of the City Code and related ordinances. 2. 3. 4. 5. 6. 7. Councilmember Holden asked if there was any reason this should go back to the Plarrning Commission. Mr. Lehnhoff responded he did not see any reason this needed to go back to the Planning Commission. e e e ARDEN HILLS CITY COUNCIL - February 27,2006 6 Councilmember Holden stated she did believe trees were a hardship and the trees were an important aspect of the community. She stated Arden Hills is noted for its trees and it is important to the neighborhood to retain the trees. Councilmember Grant asked if any other variance would be required if the lot line were moved six feet. Mr. Lehnhoff responded that an additional variance would be required to create a non- conforming lot width. Councilmember Grant stated it appeared there were other options here. Councilmember Larson stated thc problem remained that the justification for the hardship would be trees and that was not a standard that they have Llsed as a justification for a variance. Mayor Aplikowski stated she knew there were instances in the past where they had denied a building of a garage due to trees being destroyed in the process. Councilmember Larson stated the owner had said he was willing to move the house and if they did not approve the Minor Subdivision, it appeared to him that they should send this back to the Plal111ing Commission. Mr. Findell stated he would still want an easement between the houses so they remained 25 feet apart. He stated they would be comfortable with the 89-foot lot. Councilmember Larson stated he did not believe an 89-foot lot would address the hardship issue. Mr. Findell stated moving the house was possible, but he was concerned about the loss of trees. He indicated they would preserve as many trees as possible, but there was no guarantee the trees would survive. Mayor Aplikowski asked if they could approve this with a different variance. Mr. Lehnhoff responded they could not approve a different variance tonight and that it would have to go back to the Plal111ing Commission. Councilmember Holden called the question. Mr. Lehnhoff inquired about the park dedication fee. Councilmember Larson amended his motion to establish the park dedication fee of $4,808.00, which was base don the value of the new lot only. The motion carried (3-1). (Councilmember Holden opposed). MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to deny Plal111ing Case No. 06-002, Gary Findell, 1401 Skiles Lane, variance based on the absence of a demonstrated hardship consistent with the findings of the Planning Commission. The motion carried (3-1) (Councilmember Holden opposed). e e . ARDEN HILLS CITY COUNCIL - February 27,2006 7 7. UNFINISHED BUSINESS A. 2006 Lift Station Proiect - Reiectinl! of Bids Ms. Giga stated that staffrecommends to reject the current bids for the lift station reconstruction project. She stated that other issues have arisen, such as inflow and infiltration, which staff feels are a higher priority and need to be addressed prior to the completion ofthis project. She noted that Operations and Maintenance staff have indicated that they are comfortablc with this recommendation and feel that the current lift stations can be properly maintained as they have been to date. She noted $34,817.85 have already been paid to the consultant for the design of the project. Future costs will be incurred when the City chooses to re-bid the project and complete the reconstruction of the lift stations. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to reject the bids for the 2006 Lift Station Project. The motion carried unanimously (4-0). CITY COUNCIL REPORTS Councilmember Holden - Stated the Newsletter Committee meeting is tomorrow at 5:30 p.m. Couucilmember Grant - Stated the Planning Commission will meet on March 1,2006. Councilmember Larson - Stated PTRC will meet tomorrow night at 7:00 p.m. Mayor Aplikowski - Stated Ramsey County League of Local Governments met last Thursday with the Legislatures. She noted she had received a request from the Chair of the 35W Coalition to give thoughts on their trip to Washington DC requesting funds for 35W. She also noted that the EDC would be hearing presentations from two proposers for the Economic Development Plan at their next meeting, March 15. She further indicated that the EDC was busy compiling business lists to schedule outreach and retention meetings with, 1f~~~h'R''"'''~M;:;:;;;;'JttiniifPm . Beverly plik ski Michelle A.Wolfe Mayor City Administrator e e - ARDEN HILLS CITY COUNCIL - February 27,2006 8 NOTICE OF MEETINGS The next Council Meeting will be held Monday, March 13, 2006 at 7:00 p.m. at the Arden Hills Council Chambers,