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HomeMy WebLinkAboutCC 11-24-2003 ~ . ~HILLS MEETING MINUTES Approved December 8, 2003 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 24, 2003, 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 7:00 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, Lois Rem, and Brenda Holden. Absent: None, . Also present were City Administrator, Michelle Wolfe; Director of Community Development/Assistant City Administrator, Aaron Parrish; City Attorney, Jerry Filla; Deputy Clerk/Human Resources Director, Cynthia Young; Operations and Maintenance Director, Thomas J. Moore; City Engineer, Greg Brown; City Planner, Peter Hellegers; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the meeting agenda as presented, The motion camed unanimously (5-0). 2. APPROVAL OF MINUTES A. November 10, 2003 Council Meeting B. November 17, 2003 Council Work Session Councilmember Grant requested the following changes: None. Councilmembcr Larson requested the following changes: Page 11, November 10, 2003 Regular City Council Meeting Minutes, 3'd paragraph should read: Councilmember Larson stated his concern was the imposition of a levy on the taxpayers. He stated he did not see the need at this time and with this proposal, Arden Hills did not use the money within five years, the . taxpayers would lose it. Councilmember Holden requested the following changes: None, ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 24, 2003 2 . Councilmember Rem requested the following changes: Page 4, November 10, 2003 Regular City Council Meeting Minutes, comment by Mr. Parrish needs clarification. Mr. Parrish replied the use was conforming, but the building was not. Mayor Aplikowski requested the following changes: None. Ms. Wolfe requested the following changes: Page 3, November 17, 2003 City Council Worksession, number 5.A. change the Council/Staffretreat dates to January 23 and 24,2004. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the November 10, 2003 City Council Meeting Minutes and November 17, 2003 Council Work Session Minutes as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Resolution No. 03-78: Amending December 2003 City Council Meeting Schedule . Mayor Aplikowski stated the December 29, 2003 Council meeting was cancelled and a Special Council Meeting was being scheduled for December 15, 2003 at 7:00 p.m. MOTION: Councilmember Holden moved and Councilmember Larson 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 A. Recognition of Mounds View High School Students Mayor Aplikowski congratulated Connie Cheng, Anna Dinndorf, and Elisabeth Verseput for their achicvement of perfect test scores on the ACT/SAT tests. Other Public InQuiries Reed Byers, 1416 Arden Oaks Court, stated he had a problem regarding a neighbor's recently built structure being very close to his lot line. He presented pictures of the structure and plat map of the area. He noted his property and his neighbor's property shared a corner with a third neighbor who was building this large structure. He asked if this structure was constructed to Code and questioned if the City Ordinances allowed for this. He indicated they now had to look at this structure and it impacted his property's aesthetics. He questioned whether or not his . property values have decreased since the structure was built. He asked what rights they had now that the structure was almost completed. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 24, 2003 3 . Michelle Owen, 1428 Arden Oaks Court, stated she believed this structure impacted the aesthetics of the neighborhood. She noted these neighbors had the option of placing this structure on another part of their property. She indicated they had lost their privacy and it would be necessary to put in landscaping to block this structure from view. She questioned whether the City followed the permitting process. She noted the exterior of this building also did not match the home, which she understood was required by City Code. She asked if the setbacks were followed for this structure. She indicated she believed this structure also impacted their property values. Dave Beamish, 1377 Arden Oaks Drive, stated they have had problems with their neighbors in the past and they unfortunately do not currently have a good relationship with them. He stated the location where the structure was built was the most accessible spot on their lot. He stated if the structure were located on the south side, they would not have any access. He indicated regarding the appearance of the structure, he had looked for a dark color to go with their home. They wanted to put on vinyl siding and not cedar siding, the material on their home, due to the cost of cedar siding. He stated they were not done with the building or area around it, but they did plan on landscaping this area. He replied this garage would be used to store a motorcycle, lawnmower, garden tools, etc. He indicated this was a new structure and they were still working on completing it. . Councilmember Grant inquired about the color of the exterior of the garage. Mr. Beamish replied the garage was sided on only one side at this time and the rest was tarpaper, but he intends on completing the siding in vinyl. Mayor Aplikowsld asked if they had taken any trees down. Mr. Beamish replied they had to remove one tree, but over the years people had been cutting down the trees in the area. Mr. Rellegers stated this was in an R-1 residential property and the setback requirement was 10 feet from the side and 10 feet from the rear. He noted it appeared this structure was 10 feet from the lot line. Mr. Parrish replied the building official had measured this structure and it was compliant with the setbacks and it was meeting the applicable portions of the City Ordinances. He noted staff had been out there on a number of occasions and this was not a new issue. He indicated with respect to matching the exterior structure and compatibility to existing structures, staff could look at this and report back to Council at a future meeting. He noted because this was a shed, it was not required that this structure go through any type of site plan review. Mr. Beamish stated he would prefer to put vinyl siding on the structure and not cedar due to the cost and maintenance issues. . Mary Anne and Arne Lindberg, 1699 Brueberry Lane, thanked the Mayor and Council for their support for the Arden Hills Library. She updated the Council on their fundraising efforts. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 24, 2003 4 . S. PUBLIC HEARINGS A. Planninl! Case No. 03-12: (Continned) Variance; Bil! Ten Snpper Clnb Mayor Aplikowski opened the public hearing at 7:40 p.m. Mr. Hellegers stated the applicant was requesting two variances and a Site Plan review. One of the variances was for a 1,699 square feet from the Special Requirements for the maximum size of a restaurant in the Neighborhood Business District. The second variance request was to allow the enlargement of a non-conforming use. He noted at the November 10, 2003 Council meeting, Council requested that this item be tabled to allow the applicant to return with a revised landscape plan, which would provide screening from the mobile home park. Staff has received that landscape plan and summarized it for the Council's benefit. John Welsh, property owner of The Big 10, stated he had also obtained a letter from Arden Manor giving The Big 10 permission to plant landscaping on their property. He indicated once the landscaping matured it would block this area very well. Councilmember Holden asked if landscaping would be put in by the residents who had . appeared at the Planning Commission meeting. Mr. Welsh replied there would be trees going in that area. Mayor Aplikowski closed the public hearing at 7:45 p.m. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Planning Case No. 03-12: Two Variances and Site Plan review, Big Ten Supper Club with conditions as noted in staffs November 24, 2003 report. The motion carried unanimously (5-0). 6. COMMUNITY DEVELOPMENT A. TCAAP Vision Statement and Goals Mr, Parrish summarized the latest draft ofthe TCAAP Vision Statement and Goals for Council. Councilmember Larson stated he had spoken with staff about tlie vision statement and goals today and he still had concerns with this draft document for a couple ofreasons. First, under the Vento Reuse Plan, the basic fundamental understanding was that there was a certain amount of land to be developed and a certain amount of land to remain undeveloped. One of the actions taken by the National Guard is to basically hold onto more land than originally anticipated. The City now had a situation where it would receive 774 acres of excess property but had to also . consider how that would affect the rest of the TCAAP area. He also expressed concern that the City needed to clarify its intent regarding the reality of the Vento Plan development area. He stated he could not support the language as it was now. He asked staff to take another look at this and perhaps give some additional thought as to how they defined the words being used and ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 24, 2003 5 . make them as broad as possible. He noted this was going to be a very important document and they needed to be careful about the terms they used and the approach they were taking regarding how TCAAP was being divided now and how it would be divided in the future. He suggested they talk to the new Director of the National Guard and express their interest in the property in the future. Councilmember Grant agreed with Councilmember Larson. He stated they needed to keep a vision as to what might happen with the rest of the property and if the 774 acres became available, it could be easily integrated with the rest of the area. He noted this was an important document and there was no need to rush. He indicated they needed to make sure it is done right. Councilmember Rem noted they had been working on this document for a long time and she did not want to see this sit too long if it needs further revisions. Councilmember Holden also agreed with Councilmember Larson and noted they needed to mention the National Guard property as part of the TCAAP property. Mayor Aplikowski stated she realized the Vento Plan included the entire TCAAP property and not just the property they were addressing in this document. . MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to table this item until such time as Council had an opportunity to review a new draft of the TCAAP Vision Statement and Goals. The motion carried unanimously (5- 0). B. Development A2reement: (Nelson) at County Road D & Cleveland Avenue Mr. Hellegers stated on December 9, 2002, the Council approved a PUD Amendment in Case 02-20. One of the conditions of approval for planning cases 01-30 and 02-20 was the execution of a PUD Permit and Development Agreement. He indicated City staff and the City Attorney have worked with Stephen Nelson and developed the Development Agreement, which was consistent with the conditions of approval of the aforementioned cases and which protects the City's interests. Councilmember Rem asked why this trail was six-foot wide instead of the required eight-foot wide. Mr. Parrish replied he believed there was a right-of-way conflict. Steven Nelson stated currently there was a six-foot bituminous path in the area and they were going to leave the trail the same size. Councilmember Larson stated he would like to see the development started, but he understood . they wanted to make sure they had a tenant. Mr. Nelson replied they had intended on starting this development over the past summer, but he had builder problems and they had to start the process over with a new builder. He stated as soon as the frost was sufficiently out of the ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 24, 2003 6 . ground, they would start construction. He anticipated it would be sometime in February or early March, depending on the weather. Mr. Filla stated Council was all in agreement and this was basically a housekeeping item. He noted Section 2i, should read "Arden Hills City Council reviewed..." MOTION: Councilmember Larson moved and Mayor Aplikowski seconded a motion to approve the Development Agreement and authorize the Mayor to execute the Development Agreement (Nelson) at County Road D and Cleveland Avenue. The motion carried unanimously (5-0). 7. FINANCE A. Resolution No. 03-79: Approvinl! Amendments to the 2003 Budl!et Mr. Parrish stated it was necessary to amend the 2003 budget based on additional expenditures and revenues approved subsequent to the adoption of the budget. He noted there was a typographical error on the date the City Hall Generator was approved. The correct date should be September 9, 2002. He noted many of these items were done this year to take advantage of the . competitive pricing the City was receiving. He indicated the City had also anticipated many of these items over the years, but it was a question of when they were to be put in the budget. Councilmember Grant asked if they had broken even with the track program. Mr. Moore replied it had come in slightly under what they were anticipating ($100 to $200), but overall it came very close to breaking even. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Resolution No. 03-79: Approving Amendments to the 2003 Budget. The motion carried unanimously (5-0). 8. OPERATIONS & MAINTENANCE A. Pavment #9 FINAL, 2003 Sanitary Sewer Rehabilitation Proiect (Visi-Sewer Clean & Seal) Mr. Brown stated the contractor had successfully completed all work associated with this contract and had supplied the City with Lien Waivers. He recommended Council approve the final payment to Visi-Sewer Clean & Seal in the amount of$38,058.65. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to authorize Final payment to Visi-Sewer Clean & Seal in the amount of $38,058.65. . The motion carried unanimously (5-0). ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 24, 2003 7 . B. Approval of Bid - EnComm Midwest. Inc.: Booster Station Mr. Brown stated five bids were received for the Booster Station Project with the low bid coming in from EnComm Midwest, Inc. for the total amount of$168,440. He indicated the City Engineer has had no direct experience working with EnComm Midwest, Inc. and had requested they provide a list of five projects in the Twin Cities that resembled the Booster Station Project. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to award the Booster Station Project and Bid Alternate 1 to EnComm Midwest, Inc. in the amount of$168,440. The motion carried unanimously (5-0). 9. ADMINISTRATION A. 2004 Liquor Licenses Ms. Young stated seven businesses within the City had requested liquor licenses for 2004. She indicated all required materials had been received and all Certificates of Insurance had been provided. She noted the Big Ten Supper Club and Blue Fox, Inc. had applied for the 2:00 a.m. closing special license, which must be renewed through the State in August, 2004. . Councilmember Rem asked if the City had reached their limit for liquor licenses. Ms. Young replied the limit for on-sale licenses has been reached and the off-sale licenses were up to the discretion of the Council. MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to approve the 2004 Liquor Licenses as amended. The motion carried unanimously (5-0). CITY COUNCIL REPORTS Ms. Wolfe - None. Mr. Parrish - None. Councilmember Grant - Thanked Ms. Olson and Mr. Moore for monitoring the construction of the Cummings Park Shelter. Councilmember Larson - None. Councilmember Holden - Thanked Mr. Parrish for his assistance with the cable services. . Councilmember Rem - Stated she had attended the North Heights public meeting last Thursday. She indicated they had agreed to start a neighborhood group. She suggested for future meetings that staff review the project and process for the residents. Mr. Parrish suggested Council have a discussion in the future to decide what role they want staff to play in neighborhood meetings. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 24, 2003 8 . Mayor Aplikowski - Stated she had received a phone call from Karen Anderson regarding the City's membership in the National League of Cities. She asked the Council if they wanted to reconsider membership in this organization. Council decided to not rejoin at this time. She noted she was in favor of forming a business council/committee and requested staff put this on a future agenda for discussion. She noted the Cub opening on Lexington A venue was scheduled for Thursday, December 4 from 3-5 p.m. Mayor Aplikowski adjourned the regular City Council meeting at 9:06 p.m. ~~ ~b~ Beverly Aplik ski Michelle Wolfe Mayor City Administrator NOTICE OF MEETINGS . The next Special Council Meeting will be held Monday, December 15, 2003 at 7:00 p.m. in the Arden Hills Council Chambers. 4t