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HomeMy WebLinkAboutCC 03-13-2006 . . . ~ ~~HILLS Approved: March 27, 2006 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MARCH 13, 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 7:00 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, Brenda Holden, and Vincent Pellegrin. Absent: None. Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Director of Operations & Maintenance, Thomas Moore; Chief Financial Officer/Treasurer, Murtuza Siddiqui; Community Development Director, Karen Barton; Civil Engineer, Kristine Giga; City Planner, James Lehnhoff; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: COlmcilmember Larson moved and Councilmember Grant seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (5-0). 2. APPROVAL OF MINUTES A. February 27,2006 City Council Meeting B. February 27, 2006 City Council Work Session Minutes C. February 21, 2006 City Council Work Session Minutes MOTION: COlmcilmember Larson moved and Councilmember Pellegrin seconded a motion to approve the February 27,2006 City Council Meeting Minutes as presented; the February 27, 2006 Council Work Session Minutes as . . . ARDEN HILLS CITY COUNCIL - MARCH 13,2006 2 presented; and the Febmary 21,2006 City Council Work Session Minutes as presented. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Resolution No. 06-25: Amending the City of Arden Hills 2006 Employee Compensation Plan c. Resolution No. 06-26: Supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation d. Motion to Approve a Sign Moratorium for the City of Arden Hills MOTION: Councilmember Holden 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 (5-0). 4. PUBLIC INQUIRIES/INFORMATIONAL Gary Findell, 1401 Skiles Lane, stated he had previously requested a variance and a subdivision request. He stated after the meeting he spoke with a munber of the neighbors who had a concern with the variance denial because that would mean loss of a lot of trees. After further consideration, he has put together a letter requesting Council to reconsider the variance denial. He asked if this could be put on the next Council meeting agenda for discussion. Mr. Lehnhoff stated if Council wanted to reconsider the original denial he recommended the residents around this area be notified again and Council have a motion for reconsideration. MOTION: Mayor Aplikowski moved and Councilmember Holden seconded a motion to reconsider the Findell Variance motion. Councilmember Larson stated this was difficult to address right now because they received a letter they had not had a chance to review it. The motion failed (2-3; Councilmembers Larson, Pellegrin and Grant opposed). 5. PUBLIC HEARINGS None. . . . ARDEN HILLS CITY COUNCIL - MARCH 13, 2006 3 6. NEW BUSINESS A. Planninl! Case No. 06-005: Minor Subdivision and Variance; Richard Kotoski, 2105 Thorn Drive Mr. Lehnhoff stated the applicant is requesting a minor subdivision of a .70 acre property at 2015 Thorn Drive in the R-2 Zone. Parcel A, a corner lot, is proposed to be 95 feet by 174 feet for a total area of 16,530 square feet. The minimum lot width for a lot in the R-2 Zone is typically 85 feet; however, Section 1130.07 Subdivision 8 of the City Code of Ordinances require corner lots to be ten feet wider than the minimum lot width for a particular zone. In this case, the minimum lot width is 95 feet for the corner lot. Parcel B, the interior lot, is proposed to be 81 feet by 173 feet for a total area of 14,013 square feet. The minimum lot width for interior lots is 85 feet; therefore, a variance is required to create a non-conforming lot due to substandard lot width. The applicant proposes to demolish the existing dwelling and accessory structure. A letter has been submitted detailing the basis for the variance request. At their March I, 2006 meeting, the Planning Commission reviewed Planning Case No. 06-005 and voted unanimously to recommend denial of the variance based on the following findings of fact: 1. The hardship is based on an inconvenience. The property currently has reasonable use and can accommodate a single-family dwelling that is comparable to others in the neighborhood and meets all requirements of the R-2 Zone without the need for a vanance. 2. The conditions on the property are generally not unique. Most residential properties in the neighborhood and throughout the City are already subdivided to their smallest possible size under the current Ordinance. While a corner lot does require ten more feet in width than interior lots, that regulation is applied to other corner properties as well. 3. While this subdivision may not be directly detrimental to the public welfare or adjacent lots, allowing the creation of a new, non-conforming lot is contradictory to the Zoning Ordinance and the Subdivision Ordinance when there is currently reasonable use ofthe property. The Planning Commission also voted unanimously to recommend denial of the mmor subdivision based on the following five findings offact: 1. The submitted survey was prepared by a registered land surveyor and meets pertinent City requirements. 2. Parcel B, the interior lot, does not meet the minimum 85 foot lot width requirement. The proposed lot meets all other area requirements of the R-2 Zone. 3. While there are two lots immediately north of the subject with substandard lot widths, approximately 50 feet each, all other properties on Thorn Drive in this neighborhood meet or exceed the minimum lot width. Although the subdivision may not be . . . ARDEN HILLS CITY COUNCIL - MARCH 13,2006 4 IDJUTIOUS to adjacent properties, Parcel B does fail to meet the full mlUlmum requirements of the R-2 Zone. 4. The applicant has met all other applicable requirements of the Subdivision Ordinance. The proposed lots have access to a public road, have adequate buildable areas, and meet the requirements of the R-2 Zone. 5. All required application fees have been paid. This subdivision does result in the creation of one new residential lot. Under Section 1130.08 of the Subdivision Ordinance, the park dedication fee would apply to this case. The Recreation and Conservation portion (Subd. 2) requires that all subdivisions dedicate a portion of their land for recreation and conservation purposes or, as deemed comparable value by the City Council, pay a park dedication fee in place of a land dedication. He noted staff had not received any letters or telephone calls from property owners or occupants in regard to this planning case. Richard Kotoski, Roseville, stated they wanted to take down the two structures that were on the property and put in two single-family homes. He indicated he could put in a twin home on this site, which would meet the City's requirements, but his preference would be to put in two single- family homes that would fit into the neighborhood. He believed this proposal would be a good use for that comer. Mayor Aplikowski asked if Mr. Kotoski would put in a twin home if the two single-family homes were not permitted. Mr. Kotoski responded that was correct. Councilmember Holden stated the Planning Commission had done a good job in their analysis and she was not in favor of supporting this proposal at this time. MOTION: Councilmember Holden moved and Councilmember Larson seconded a motion to deny Planning Case 06-006, Minor Subdivision and Variance, Richard Kotoski, 2105 Thorn Drive. The motion carried unanimously (5- 0). B. PlanniDl! Case No. 06-006: Variance: Westlund. 3552 Lake Johanna Blvd. Mr. Lehnhoff stated the applicant is seeking two variances for a .28 acre property at 3352 Lake Johanna Boulevard, which is on the southwestern side of Lake Johanna. The property is approximately 223 feet long at the northern lot line, 213 feet long at the southern lot line, and is 50 feet wide. The Shoreland Management Ordinance, which supersedes the underlying R-2 Zone, requires a minimum lot width at the Ordinary High Water (OWH) mark of75 feet. He reviewed his analysis and indicated the Planning Commission reviewed the variances separately since one is not contingent upon the other. The Planning Commission is recommending approval of the variance to construct an addition to the principal structure (PC# 06-006a), subject to conditions as noted in staffs report; however, the Planning Commission . . . ARDEN HILLS CITY COUNCIL - MARCH 13, 2006 5 does not have a recommendation for the variance to construct an addition to the accessory structure (PC# 06-006b). He indicated staff has received two emails, one letter, and one phone call regarding Mr. Westlund's proposal. All three written correspondences were in support of Mr. Westlund's proposal. A phone call from Brice Scott at 3375 Lake Johanna Blvd was received on February 22,2006. Mr. Scott voiced his support ofMr. Westlund's project. Councilmember Grant inquired about the concern brought up at the Planning Commission pertaining to the height of the garage. Mr. Lehnhoff responded the new height of the accessory structure would increase, which would allow a full second story of usable space. He noted the intent of the accessory structure was not for livable space, but that did not preclude storage space or office space. He noted the Ordinance did not provide specifics on what it could or could not be used for. He stated the Council could limit the height of the building if they wanted. He noted if it was possible to attach the structure to the house this would not be an issue, but that was not possible because ofthe sewer easement. Councilmember Holden asked if the zoning ordinance prohibited the expansion of a non- conforming structure. Mr. Lehnhoff responded anything beyond a certain limit was non- conformance, which was why they had a variance application. Dan Westlund, 3080 North Fairview, Roseville, stated he has been in the neighborhood for 48 years and he wanted to increase the value of the neighborhood. He stated he was going to remodel this house, which would be offered for sale. He stated the square footage on the garage would be 720 square feet, which would keep it 8 feet under the square footage allowed for an accessory structure. He stated the height was a non-issue because he would build the same elevation whether he got a variance or not. He stated he wanted to design the garage to go with the house. He noted he could not move the accessory structure because of the sewer easement. He indicated there have been other garages in the area that have increased in size and were issued variances. He stated the original basement was only 16x20 with hardly enough room for a laundry room and furnace. He noted he wanted to add the upper story to the garage for storage, which was needed, especially on a lake frontage. He believed this would be a benefit to the neighborhood. He stated the neighbor impacted the greatest was in the audience and was in support ofthis. Councilmember Larson stated he admired Mr. Westlund's work and the City was fortunate he was doing what he was doing. He stated he was not concerned so much about the addition because the lakeshore lots were unique. He noted his lot was small and they were limited as to what they could do with the house. However, he had received a comment from a neighbor about the height. He asked why Mr. Westlund could not add on an addition toward the lakeside to the garage for storage. Mr. Westlund responded that would exceed the footprint allowed of 728 square feet. He stated he would like to put in a four car garage if Council allowed him to do that, but noted he was still allowed to go to the height he was proposing without a variance. He stated it was the footprint he was asking for and he wanted to stay under the square footage. He . . . ARDEN HILLS CITY COUNCIL - MARCH 13,2006 6 indicated he did not think the neighbor would appreciate the addition of another garage stall, which would impact the view he had. Councilmember Larson asked if the existing house's footprint would change. Mr. Westlund responded the footprint would remain tbe same, but decks would be added. Councilmember Larson asked ifit was likely the house would remain, Mr. Westlund stated he would much rather remodel than build new and the previous owner wanted to see the house remain and not be torn down. He stated this house was still in good condition and would be a good candidate to remodel. Councilmember Holden asked why Mr, Westlund did not add additional storage to the home. Mr. Westlund stated he was not able to add additional storage in the house without demolishing it. Councilmember Holden asked when he purchased this property, if he knew all of the restrictions. Mr. Westlund responded he was aware of them prior to purchase. Councilmember Grant stated he did not have any issues with the house and proposed addition. He believed it was the width of the lot that caused the hardship and he did not have any problem with the height of the building, He stated he really did not like expanding a nonconforming use, but given the nature and characteristics of this lot, he would be willing to go along with this. Bob Teeling, 3346 Lake Johanna Boulevard, noted he had received a variance for expanding his garage and stated he had had the same issues as this property has. He believed this proposal would make this property much more desirable and would increase the property value. He stated he was in favor of this proposaL Councilmember Holden stated she had received some phone calls rrom neighbors who were opposed to this due to the height. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Planning Case No. 06-006: Variance to construct an addition to the dwelling that encroaches on the southern side yard setback, 3552 Lake Johanna Boulevard subject to the conditions as noted in staff's report. The motion carried unanimously (5-0). MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve a variance to construct an addition to tlle accessory structure that encroaches on the southern side yard setback and is entirely within the front yard setback, 3552 Lake Johanna Boulevard, The motion carried unanimously (4-1 Councilmember Holden opposed). . . . ARDEN HILLS CITY COUNCIL - MARCH 13,2006 7 c. Planninl! Case No. 06-007: Site Plan Review; Bethel Universitv. 3900 Bethel Drive Mr. Lehnhoff stated the applicant was requesting a site plan review for the replacement of the two guard shacks with a single, larger Welcome Center. The new Welcome Center would be approximately 12 feet wide and 20 feet long. The new primary median with the Welcome Center will be approximately 75 feet long and include one parking space for a security vehicle. A secondary median will be added to the south of the primary median to separate a new overflow traffic lane from the two regular traffic lanes for special events. The additional lane will be used for special events and, at some point, will be an electronic access point for students and faculty to bypass the Welcome Center. The applicant is also proposing to construct a retaining wall to provide additional room for the sidewalk along the north side of the expanded roadway. He stated the Planning Commission voted unanimously to recommend approval of the site plan review based on findings and conditions as noted in staff s March 6, 2006 report. He indicated staff has not received any letters or telephone calls from property owners or occupants in regard to this planning case. Bruce Kunkel, 3900 Bethel Drive, explained the pitch of the roof would be similar to the pitch of the Community Life Center. The building's lower portion will be Bethel brick with windows above it. He noted the existing structures were usable, but were not in the same design as the rest of the campus. He believed this proposal would provide a more welcoming space to the campus, as well as provide one of the security centers for the campus. He stated this would also allow them to put in the sidewalk as previously promised. He believed this would be a good addition to their campus. Councilmember Grant inquired about the removal of the trees. He asked how many trees would be lost. Mr. Kunkel responded three trees on the south side would be removed. He stated the Planning Commission had required the trees be replaced. He noted it did not make sense to add additional trees in this area as it was a wetland and he was not sure they would grow. He requested this condition be removed. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve Planning Case #06-007, Site Plan Review, Bethel University, 3900 Bethel Drive, subject to the nine conditions noted in staffs March 6, 2006 report with the removal of condition number 8, replacement oftrees. . . . ARDEN HILLS CITY COUNCIL - MARCH 13,2006 8 Mayor Aplikowski stated she would prefer to leave condition number 8 in and let City staff deal with the replacement of trees. MOTION: Mayor Aplikowski moved and Councilmember Holden seconded to amend the motion by putting number 8 back in. The motion carried unanimously (5-0). D. Planninl! Case No. 06-008: Special Use Permit; Karin Muska, 3260 Snellinl! Avenue North Mr. Lehnoff stated applicant is seeking to open a professional massage therapy establishment at her home at 3260 Snelling Avenue N. According to the applicant, the business would be by appointment only and would not involve any signage or changes to the exterior of the structure. He stated the Planning Commission voted unanimously to recommend approval of the special use permit based on findings and conditions as noted in staffs March 6, 2006 report. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Planning Case #06-008, Special Use Pemlit, Karin Muska, 3260 Snelling Avenue North subject to the five conditions as noted in staffs March 6, 2006 report. The motion carried unanimously (5- 0), E. Planninl! Case #04-01: Extension for Addition "J"; Daniel J. Riehle. Guidant Corporation. 4100 Hamline Avenue North Mr. Lehnhoff stated applicant has requested an additional one year extension for the start of construction on Addition J, which was originally approved on February 23, 2004, If approved, the new expiration date to obtain a building permit would be February 23,2007, He indicated after reviewing the original application and discussing the extension with the Building Official, staff recommends approval of the one-year extension to allow Guidant to obtain an approved Building Permit for Addition J no later than February 23, 2007. The extended application would continue to be subject to the original fifteen conditions approved in 2004, MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the one year extension to allow Guidant to obtain an approved Building Permit for Addition J no later than February 23,2007, subject to the original fifteen conditions approved in 2004. The motion carried unanimously (5-0). . . . ARDEN HILLS CITY COUNCIL - MARCH 13, 2006 9 F. Motion to Approve Citv Staff Submittinl! a Grant Application for Fundinl! Assistance Associated with Updatinl! the City's Comprehensive Plan Ms. Barton stated Met Council requires jurisdictions to submit a Comprehensive Plan outlining their policies and objectives related to land use and zoning. This plan is required to be updated every 10 years, with the next update being due in 2008. Last week staff became aware of an opportunity to obtain funding assistance for the update ofthe City's Comprehensive Plan through BlueCross BlueShield ("BCBS"). The grant is intended to assist municipalities to integrate active living principles into their communities. Specifically, this funding opportunity is designed to support communities in preparing/revising their comprehensive development plans and identifYing relevant ordinance subsections for modification in keeping with the new plans. The term "active living" denotes a way oflife that integrates physical activity into daily routines, not just for recreational purposes, but also for utilitarian purposes, such as errands, trips to the grocery store, commuting to work, etc. Communities can influence the choices their residents make concerning physical activity through land use policies, transportation systems, and the availability of walking paths/greenways, etc. Research shows that cities can have a positive impact on rates of physical activity through planning and policy. The grant would provide funding up to $75,000, as well as providing technical assistance and training opportunities. BCBS requires that all interested communities submit a Notice of Intent to Apply, no later than March 17, 2006. Staffrecommended Council authorize staffto submit the Notice of Intent to Apply. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to authorize staff to submit the Notice of Intent to Apply. The motion carned unanimously (5-0). G. Joint Powers Al!reement with Ramsev County for Dispatch Services and Subscriber Al!reement for Countywide Public Safety Radio Subsvstem Subscriber Al!reement with Ramsev County Ms. Wolfe explained the Joint Powers Agreement and Subscriber Agreement with Ramsey County and the reasons for upgrading to the 800 MHZ radio system. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Joint Powers Agreement with Ramsey County for Dispatch Services and the Countywide Public Safety Radio Subsystem Subscriber Agreement with Ramsey County. The motion carned unanimously (5-0). . . . ARDEN HILLS CITY COUNCIL - MARCH 13,2006 10 7. UNFINISHED BUSINESS A. Resolution No. 06-27: Approvinl! Plans and Specifications for the Hil!hwav 96 Landscapinl! Improvement Proiect B. Resolution #06-27: Authorizinl! Advertisement of Bids for the Hil!hwav 96 Landscapinl! Improvement Proiect Ms. Giga stated URS has completed the plans and specifications for the landscape and irrigation improvements along CSAH 96 from Lexington Avenue to Trunk Highway 10. Key items in the project include the planting of 3,632 plants, 186 trees and sod along the boulevard and medians. An irrigation system will also be installed in the median planting areas. The landscaped areas in the medians will be slightly raised to aid in reducing the amount of salt and sand reaching the planting beds. Ramsey County is also a partiCipant in the landscape improvement project. Tree removal occurred as a result of the construction of CSAH 96; the trees included in the plan are the County's tree replacement plan. Ms. Giga reviewed the financial implications and recommended Council adopts the Resolution. Councilmember Holden stated she was not comfortable putting almost $200,000 into this when there were more important needs in the City. Councilmember Grant stated something needed to be done on Highway 96 and the concept of delaying the plants has some merit worth discussing. He asked how much money they would save by not doing the plantings, but just putting in the trecs. Ms. Wolfe stated the County would need to proceed with the trees in finishing up their portion of this project. She statcd the County was paying for the trees and not the City. Councilmember Larson stated he supported the project. He noted they had talked about this for a long time and had agreed to go forward with it. He stated Highway 96 was an important street in thc City, and a street that other cities along Highway 96 have invested a lot of money to make an attractive street. He acknowledged this was a significant amount of money, but to just put trees up, he did not believe would do what they wanted to do initially. He stated he would rather have them spend money on this than the gateway signs. Councilmember Holden noted the other cities funding sources were different than Arden Hills. She believed this was a poor business decision to do this at this time and she would rather have other problems dealt with first. Mayor Aplikowski statcd she was originally opposed to plantings along Highway 96, but she agreed with Councilmember Larson that this was a major street in the City and they had agreed to put in the plantings previously. She stated her question was if staff should look at MSA funding. She noted, to backtrack at this point and say they were not doing this, she believed would be a . . . ARDEN HILLS CITY COUNCIL - MARCH 13, 2006 11 mistake. She stated at the moment, she was in favor of this. She believed if they did not do this now, they would never do it. Councilmember Grant noted when they originally discussed this they had the funds to pay for it, but now they did not have the funds. He believed there were good points brought up here and in an ideal world he wished they had all of the funds they had when they first started looking at this. He noted staff was pulling items offofthe CIP. Mr. Siddiqui stated that some initial concerns of staff were that bids they had received for the lift stations were higher than expected. He noted there were concerns about incurring costs that were not anticipated when they go into the Ridgewood neighborhood project. He stated that the other unknown for the five year CIP is the City's Inflow and Infiltration (III) issues. Ms. Wolfe noted they have a number of competing issues, such as III, lift stations and infrastructure, but the sewer and water funds could not be used for this proj ect. She noted MSA funds have been impacted by the Lexington Avenue project costing more than anticipated. With further analysis of MSA and capital funds, they started looking at needs versus wants. When projects were moved to "unassigned" in the CIP, it was her detennination that some projects were more wanted projects rather than needed projects. Funds are available, but it may result in delaying other projects. Councilmember Larson believed it was their job to balance priorities and he did not believe this was any different than any other decisions that came before them. He stated Highway 96 has been done for two years and this rose to the level where it was important to finish this project off and move on to other things. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to adopt Resolution 06-27: Approval of the final plans and specifications and authorization for bids for the Highway 96 Landscaping hnprovement Project. The motion carried 3-2 (Councilmembers Holden and Grant opposed). CITY COUNCIL REPORTS Ms. Wolfe - None. Councilmember Holden - Stated Northwest Youth and Family Services Leadership still had space available at the table. Councilmember Grant - None. Councilmember Larson - None. Councilmember Pellegrin - Asked staff to provide him information on the 800 megahertz meetings when it is received. . . . ARDEN HILLS CITY COUNCIL ~ MARCH 13, 2006 12 Mayor Aplikowski - Thanked staff for their support and patience during the retreat. Mayor Aplikowski adjourned the Regular City Council Meeting at 8 :49 p.m. rI{~tJ~ Michelle Wolfe City Administrator B~k~' Mayor NOTICE OF MEETINGS The next Council Meeting will be held Monday, March 27, 2006 at 7:00 p.m. at the Arden Hills Council Chambers.