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HomeMy WebLinkAboutCC 07-12-2004 . . . ~ ~HILLS Approved: July 26,2004 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 12, 2004, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 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 7:06 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Lois Rem, and Brenda Holden. Absent: Councilmember Gregg Larson - excused. Also present were City Administrator, Michelle Wolfe; Community Development Director, Scott Clark; Director of Operations & Maintenance, Thomas Moore; Finance Director/Treasurer, Murtuza Siddiqui; City Planner, Peter Hellegers; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. June 21, 2004 Work Session Minutes B. June 28, 2004 Council Minutes Councilmember Holden requested the following changes: None. Councilmember Grant requested the following changes: None. Councilmember Rem requested the following changes: June 21, 2004 City Council Work Session under 2.A., first paragraph, sixth sentence, change Mt. Boehlke to Mr. Boehlke. Second paragraph change contacts to contracts. Page 2, last sentence change would to could. Mayor Aplikowski requested the following changes: None. 1 \Earth \Admin ICouncilIMinutesIRegular\2004 107 -12-04 .doc ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12, 2004 2 . Ms. Wolfe requested the following changes: None. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve the June 21, 2004 Work Session Minutes as amended and the June 28, 2004 Council Minutes as presented. The motion carried unanimously (4-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Approve Plan for Sale of Street Signs c. Approve Charitable Gambling Premises Permit for St. Katherine's Ukrainian Orthodox Church at Pot 0 Gold Bingo Hall MOTION: Councilmember Grant moved and Councilmember Rem 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 INOUlRlES/INFORMA TIONAL None. 5. PUBLIC HEARINGS None. 6. NEW BUSINESS A. Planninl! Case No. 04-12: Arend Variance Mr. Hellegers stated the applicant was requesting a 24-foot variance to the side yard comer setback standards to allow for the construction of an addition and a new garage. At the July Planning Commission meeting, the Planning Commission recommended denial of the variance requested for the reason that another option existed for development, which would only require a smaller variance or no variance at all. . Mark Arend and Julie Arend, 2273 Arial Street, St. Paul, applicants, stated they had been looking for a number of years for properties suitable for their family. He stated they liked the Arden Hills area and wanted to own a home in the community. He noted their property had a smaller building envelope than other homes in the area, which he believed was a hardship because they were not able to develop this property in a similar manner as the other properties in the area. He noted they had looked at Option B, but that option gave them a structure in a long line, which would cut off their neighbor to the west and the backyards would not adjoin any . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12, 2004 3 longer. He stated they would end up with a funny looking home and they wanted to stay with something that was more consistent with the rest of the neighborhood. He indicated all of the neighbors were in complete support of this proposal. He stated this lot was a comer lot, but it was used as an interior lot because Dunlap Street was only used as a driveway to gain access to two others properties. He indicated they had checked with MSI Insurance and they did not anticipate any development in the future. He stated it would be very difficult to ever develop any further and he did not believe Dunlap Street would ever be a through street. He indicated the Planning Commission had a concern about a three-car garage, but he noted a two-car garage would still require the same variance because the depth, not the width was the issue. He stated they were willing to cut down the garage proposal by 2 feet. He indicated the main reason they were seeking this was to improve the property to the same extent as surrounding properties and it would be reasonable to have a similar building envelope and opportunities to improve the property to the surrounding areas. He noted they had five children and it was important to them to add a family room. However, no matter what size family they had, they wanted the opportunity to improve the property consistent with the rest of the neighborhood. He indicated they had the smallest and longest, skinniest building envelope, as well as the smallest footprint. He felt it was reasonable to ask to go up to the setback of an interior lot because Dunlap Street would probably never go through. He noted with Option B they would have no backyard but instead would have a long side yard. He indicated they would need to pave across the backyard with Option B. He noted they did look at Option B, but from a design standpoint, they were having difficulties making it work. Councilmember Rem asked if they had thought about putting the garage to the north and placing the family room above the garage. Mr. Arend replied the area they needed was main floor activity, where the day-to-day activities took place. Julie Arend stated they had looked at how the traffic flow was in the house and they had looked at putting the family room above the garage, but decided this was not the best idea for their family and they wanted to place the family room where it was more functional and practical. Paul Arend, 1227 Tiller Lane, stated he has been in the remodeling business since 1964. He noted with his experience, the best place to put an addition was where applicants were proposing to put it. He indicated while this was a comer lot, it was being used as an interior lot. Mayor Aplikowski stated she was in agreement with this variance. Councilmember Holden inquired about the hardship issue as noted in staffs report, particularly with respect to family size. Mr. Hellegers replied the reason was due to the size of the building envelope and not family size. He stated family size should not be a basis as to whether to grant the variance. Councilmember Rem noted one reason Mr. Arend was interested in a three-car garage was due to his self-employment and storing his work vehicle, tools, etc. in the garage. She asked if others had requested the same type of a consideration. Mr. Hellegers replied he was not sure, but applicant's profession should not be a part of the variance decision. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12, 2004 4 Mr. Clark stated the hardship should be attached to the property, not the external circumstances. MOTION: Mayor Aplikowski moved and Councilmember Holden seconded a motion to approve Planning Case No. 04-12: Arend Variance. Councilmember Holdeu clarified that they were approving Option A. Mr. Hellegers replied Option A was what was being requested. The motion failed (2-2) (Councilmembers Grant and Holden - nay). Mr. Arend stated they were willing to reduce the garage size from 24 feet to 22 feet if that made a difference. He stated they were also willing to go down to a two-car garage if it meant that they did not have to pave their backyard. Councilmember Holden stated the reason she voted no was because when they purchased the lot, they knew the size of the property. Mr. Arend replied they did not have a plat of the property until after the purchase and it not until that time, did they realize that the building envelope was considerable smaller than the surrounding properties. Councilmember Holden stated she did not have an issue with a three-car garage but her concern was a 24-foot variance was too large of a variance. She indicated a 22-foot variance would help. Councilmember Grant stated his concern was not the three-car garage, but the magnitude of the variance and that other options existed for what they were proposing to do. Mrs. Arend stated they were having difficulty understanding why the variance was too large. Mayor Aplikowski noted the motion had failed and applicants needed to come back with a different option. B. Planninl! Case No. 04-13: Guidant SUP for Satellite Antennae Mr. Hellegers stated applicant had requested a Special Use Permit to allow a 3.1 meter satellite to be placed on the roof of the Guidant Building L (Training Center). At the July Planning Commission meeting, the Planning Commission made a finding that the proposed special use would not adversely affect the surrounding area or community as a whole and recommended approval of the Special Use Permit subject to the two conditions as noted in staff's July 12,2004 report. MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to approve Planning Case No. 04-13: Guidant SUP for Satellite Antennae subject to the two conditions as noted in staffs July 12, 2004 report. The motion carried unanimously (4-0). . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12, 2004 5 c. Plannin!! Case No. 04-17: Guidant Parkin!! Lot Modifications Mr. Hellegers stated the applicant had requested a Master Plan PUD (4th) Amendment to allow the relocation of parking areas from the east parking lot Gust west of Lexington Avenue) to the south parking lot (located to the east ofthe former Femwood Avenue and south of Guidant Drive South) and turning the removed portion of the east parking lot into green space. At the July Planning Commission meeting they recommended approval of the Master Plan PUD subject to the three conditions as noted in staffs July 12, 2004 report. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Planning Case No. 04-17: Guidant Parking Lot Modifications subject to the three conditions as noted in staffs July 12, 2004 report. The motion carried unanimously (4-0). D. Plannin!! Case No, 04-16: Jon Finn Minor Subdivision Mr. Hellegers stated the applicant had requested to subdivide 703-square feet of his property at 3331 New Brighton Road and attach the 703-square foot area to the rear of his brother's property at 3355 New Brighton Road. The 703-square foot area is located along the property line that the two properties share. In addition, there were issues regarding property encroachments, which would require the City to either request that the applicant remove the encroachments from City property, or grant the application an easement for the encroachments on land owned by the City at Hazelnut Park and along the Diagonal Trail. Mr. Hellegers stated at the July Planning Commission meeting the Commissioners determined that the encroachments should be removed from City property with the exception of a semicircular turning area for the driveway. The turning area was to be reduced from the present configuration to be a curved area, which would not encroach on City property any further than five (5) feet. The Planning Commission determined that due to the number of mature trees along the driveway, which would otherwise need to be removed; an easement should be granted to the applicant to accommodate the reduced turning area. The applicant stated that he would have any encroaching fencing moved and seemed agreeable to the easement area for the driveway. The applicant indicated that he would have the easement description completed. When staff received the easement description, the City Attorney will draft an easement form, which will be presented to the City Council for approval. MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to approve Planning Case No. 04-16: Jon Finn Minor Subdivision, 3331 and 3355 New Brighton Road subject to the two conditions as noted in staffs July 12, 2004 report. Mr. Hellegers stated the City Attorney had recommended adding the following to condition . number 2 "and remaining encroachment shall be subject to a licensing agreement". . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12,2004 6 Councilmember Holden asked what the City's liability was with licensing this. Mr. HeIlegers replied the applicant would need to indemnifY the City if a liability issue would arise. He noted the City Attorney was aware of this issue and would address it in the Licensing Agreement. Councilmember Grant asked if this would be a perpetual license. Mr, HeIlegers replied he did not think it would be perpetual, but he had not had the opportunity to share this with the applicant. John Finn, applicant, 3331 New Brighton, stated the encroachment was not done maliciously and they thought the property line went along the line of trees, which they had planted. He stated they already had moved all of the fences, so all of the encroachments with the exception of the turnaround had been taken care of. He stated he did not completely understand the License Agreement issue, but he would be willing to include the encroachment as a part of his homeowner's insurance and he would work with whatever they needed to work with to keep the trees on the north side. Mayor Aplikowski stated it was her understanding that the City Attorney was having this only as a suggestion and asked if this could come back at a later time. Ms. Wolfe replied the Licensing Agreement issue could be brought back at a future date. Mayor Aplikowski noted the motion would only pertain to the two conditions as noted in staffs report. A discussion ensued as to whether the Planning Commission had approved five or six feet. The Recording Secretary read from the Minutes of the Planning Commission and they had approved six feet Councilmember Grant amended his motion to Condition number 2 to read six feet, rather than five feet. Conncilmember Holden agreed to the amendment. The motion carried unanimously (4-0). Mayor Aplikowski requested staff get further information regarding the License Agreement from the City Attorney. E, Desilmate "Absentee Board" for Elections Ms. Wolfe stated individuals who will be absent or otherwise prevented from going to the polling place on election days because of a disability may vote by "absentee ballot" by completing a "Request for Absentee Ballot" application. In years of Presidential elections, a significant amount of these absentee ballots are applied for by residents who cannot attend the poll on either Election Day. For this reason, staff would like to designate a board consisting of City Hall staff members to accept/reject these envelopes to save the Election Judges from having to perform this task on Election Day. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12, 2004 7 MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to Designate and "Absentee Board" for Elections. The motion carried unanimously (4-0). F. Appointment of Schawn Johnson to the position of Assistant to the City Administrator Ms. Wolfe stated staff was recommending appointment of Schawn Jolmson as Assistant to the City Administrator for the City of Arden Hills, with a start date to be determined and beginning at Step 2 of the approved 2004 Compensation Plan. MOTION: Councilmember Rem moved and Councilmember Holden seconded a motion to appoint Schawn Johnson to the position of Assistant to the City Administrator. The motion carried unanimously (4-0). 7. UNFINISHED BUSINESS None. CITY COUNCIL REPORTS Ms. Wolfe - Stated the walk through the Ingerson Neighborhood was at 4:30 on Wednesday and the Work Session on the 19th would discuss the parking issues around the Mounds View High School. Councilmember Holden - Expressed concern about banners being hung up in the City and asked what the enforcement was. Ms, Wolfe stated staff would prepare a report regarding this. Councilmember Grant - Stated the Assessment Policy Task Force was having another meeting either on Thursday, July nnd or Thursday, July 29th Councilmember Rem - Stated she was interested in being on the Ramsey County Task Force for the library. She thanked Tom Moore and his crew for cleaning the street signs. She stated she would be in attendance at the Ingerson Neighborhood walkthrough. Mayor Aplikowski - Stated Councilmember Larson was excused due to a work related trip. She stated she was contacted by rollerbladers who wanted rollerblading back in Tony Schmidt Park. She will be meeting with them in the future. Mayor Aplikowski adjourned the Regular City Council Meeting at 8:38 p.m. I (" 1)'/ /..: - I. 1;1. 1/, . , r,//~, 'j'1 i I' /1 ( !if.' , i ; i >1/' l-lt-.- '" ; ',' t, "'/:0~' ',7 I'::' //,'/ ,',' iIIf. ;. / / I/? "iI.. 'I l) /1 /)'1/ !j~ ~./. '-' S If:/' f"~ .-?""/:.{ Beverly A Mayor Michelle Wolfe City Administrator . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12, 2004 8 NOTICE OF MEETINGS The next Council Meeting will be held Monday, July 26, 2004 at 7:00 p.m. in the Arden Hills Council Chambers.