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HomeMy WebLinkAboutCC 07-31-2000 . . . CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING JULY 31, 2000 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: City Administrator Joe Lynch. Also present were Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; City Engineer, Greg Brown, BRW; Parks & Recreation Director, Tom Moore; City Planner, Jennifer Chaput; and Recording Secretary, Mary Mullen. ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to adopt the agenda for the July 31, 2000, regular City Council meeting, with the following changes: Move Item 6E, Order #319, Rubbish Hauler Collection Schedule, to New Item 6B Move Item 4F, Parks Maintenance Department, Authorization to Purchase Replacement Vehicle #17, to Item 6H. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. July 10,2000 Regular Council Meeting Mr. Post requested the following changes: On page 3, third paragraph from bottom, first line, replace "might" with "would". On page 4, under the motion, add findings of fact which were deleted from the motion: "1. A physical hardship was created by the unique geometry ofthe lot and the placement ofthe existing structures as a result of the location of the two public streets abutting the property; and 2. Work with Staff on an appropriate landscaping plan and timetable to address the current violations." On page 9, fifth paragraph, first line, replace "wish" with "ask". Councilmember Grant requested the following change: On page 6, third paragraph, last line, insert "The Council agreed to request that the Task Force provide recommendations for events to be included in the celebration." Councilmember Aplikowski requested the following change: On page 7, ninth paragraph, replace "meeting" with "held meetings". . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 2 Councilmember Rem requested the following change: On page 10, fourth paragraph, last line, delete "with curbs and gutters being the primary objection." B. July 17,2000 Council Worksession MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to approve the meeting minutes as amended. The motion carried unanimously (5- 0). CONSENT CALENDAR Mr. Post noted that a specific recommendation from Mr. Lynch under Item 48, Water Quality Task Force, would be presented under the City Administrator Comments portion of the meeting. He added this recommendation pertains to the development of a request for quotation with regard to the storm water management plan update. A. B. C. D. E. Claims and Payroll Water Quality Task Force, Receive Recommendations Regular Employee Status, Joe Lynch Emergency Operations Plan, Annual Review Parks and Recreation Connnittee, Change of Committee Name to Parks, Trails and Recreation Committee Resolution #00-25, Approval of Raffle Permit, Trinity Lutheran Church F. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. UNFINISHED AND NEW BUSINESS A. Metropolitan Council Update, Roger Williams Mr. Roger Williams, a representative JTom the Metropolitan Council, presented a plaque to Mayor Probst in recognition of the City's participation in the Livable Communities Program in which the City has been active since 1996. He thanked the Council for its active leadership in the 35W Corridor Coalition, adding that the Metropolitan Council uses the coalition as a model for other subregional planning efforts. ARDEN HILLS CITY COUNCIL - July 31, 2000 3 . Mr. Williams stated that the Metropolitan Council also recognizes the City's leadership in TCAAP property planning, which represents an important piece of land in the Metro area. He encouraged the Council to consider affordable housing options as well as diverse transit opportunities when that property is in the development stage. Mayor Probst thanked Mr. Williams for his efforts on the Metropolitan Council as well as his active participation in the 35W Corridor Coalition. Mr. Williams reiterated his thanks and congratulations to the community. B. Ordinance #319, Ruhbish Hauler Collection Schedule Mr. Post introduced Mark Kelliher, Chairman of the Operations and Finance Committee. He noted the Committee, which was formed several months ago, has identified several key issues to be researched with rubbish hauling being one of them. He invited Mr. Kelliher to address the Council. Mr. Kelliher stated that the Operations and Finance Committee recently identified a number of problems associated with residential garbage hauling within the city which could be corrected if scheduling changes arc made. He added that four haulers arc licensed to pick up residential trash in the City, and each requires two days to complete their routes. He noted this results in trash hauling taking place every week day. . Mr. Kelliher stated that various problems are associated with this, including interaction with City maintenance vehicles, noise pollution, and safety issues. He added that the Committee felt that if trash hauling were coordinated with recycling pickup, there would also be an increase in residential recycling. Mr. Kelliher stated the Committee discussed these issues with the four residential haulers operating in the City, and came up witll some solutions. He added the garbage haulers are in agreement that the plan can be implemented. He noted the plan consists of City-imposed restrictions for the haulers to operate south of 694 on Tuesdays and north of 694 on Wednesdays. Mr. Kelliher recommended that the Council might wish to discuss this schedule with the City's current recycler and possibly mandate schedule coordination with trash pickup. Mr. Kelliher stated that this plan docs not reduce road tratIic as it is simply condensed. He noted that the option of a single trash hauler licensed by the City was not a good solution Councilmember Grant asked how the 694 split was decided upon. Mr. Kelliher stated that 694 is a natural demarcation used by one of the haulers, and it provides an easily interpreted point of reference for residents. . Councilmember Larson stated he supports the recommendation. He asked whether surrounding communities have a single day for trash rather than two days. Mr. Kelliher stated that the trash haulers indicated that most communities require two days. He added the Committee was concerned that the solution should not be burdensome to haulers. . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 4 Couneilmember Larson asked whether the recycling contractors are willing to set up another day. Mr. Kelliher stated he has not spoken direetly with the contractor, adding this could be introduced to them at upcoming contract negotiations. Mr. Post stated that representatives of the City's recycler have expressed a willingness to cooperate, but would wish to begin this new service at the start of the next contract on January 1, 2001. He suggested the ordinance might be made effective January 1 to coincide willi the recycling contract. Councilmember Aplikowski stated she reluctantly supports the proposal, adding she does not think it is something on which the City should bemandating. She added that residents should be able to have their garbage picked up whenever they wish. She noted she is against an ordinance- driven mandate such as this proposal. She applauded the committee for their efforts and for working with the City's garbage haulers to arrive at a solution. Mayor Probst stated he supports the proposal and would be interested in moving it along. Councilmember Rem asked whether the proposed ordinance would affect the hours of hauling. Mr. Kelliher stated that was not part of the discussions. He added that early trash pick-up will only occur one day of the week, condensing noise pollution. Counci1member Aplikowski asked whether the garbage haulers would notify residents of the change. Mr. Kelliher confirmed that it will be the hauler's responsibility to notify their customers. MOTION: Councilmember Grant moved and Counci1member Aplikowski seconded a motion to approve Ordinance #319, relating to the collection of garbage and refuse, with the following amendment: Change effective date to January 1,2001. The motion carried unanimously (5-0). C. Planning Cases 1. Case #00-27, ALBS, 1296 County Road F, SUP Amendment Ms. Chaput explained that the applicant is requesting an amendment to the Special Use Permit (SUP) for 1296 County Road F to allow for the installation of one antenna onto the existing tower (at a height of 265' with a six foot mount) and the installation of a new supporting platform on the ground level. The property at 1296 County Road F is primarily used for a single antenna tower, with accessory structures to support it. The existing antenna tower was constructed in 1972. Since this time, the City's Zoning Ordinance has been amended to 110 longer allow antennas as a primary use in any ARDEN HILLS CITY COUNCIL - July 31, 2000 5 . district of the City. The current Zoning Ordinance allows for antennas that are accessory to the primary use on a property through the SUP process in all zoning districts. This application is for an amendment to the original SUP to allow the installation of an antenna on the main antenna tower. The applicant requests the installation of an antenna to be placed at an elevation of 265 feet on the existing antenna tower. The proposed antenna requires a six foot mount at this elevation as well as a new platform and radio mount with GPS and microwave dish inside the existing compound. Section VI (I) #2 of the Zoning Ordinance states that, "Antennas, satellite dishes and towers are allowed only as special accessory uses. They are therefore allowed only on property containing a principal use to which the antenna, dish antenna or tower is accessory". The existing antenna is nonconforming by use since it is the principa1 use for this property. The structures that exist on the property are accessory to the tower. The height of antenna towers can not exceed seventy-five feet (75') in any district as stated in Section VI (I) #3 (b) of tl1e Zoning Ordinance. The existing antenna on this property exceeds 265' in height and the applicant proposes to place an antenna at approximately this height. Therefore, the existing antenna is also nonconforming by height. Being nonconforming by height, the antenna tower is also nonconforming by location since it is nearer to the property line (approximately 50' from the antenna) than the height of the tower (Section VI (1) #4 (d)). . Section IX (D) of the Zoning Ordinance states that, "No noncontornling use shall be changed to a different nonconforming use, enlarged, intensified, increased, extended to occupy a greater area of the lot on which it is located, moved to any other part of the lot on which or building in which it is located, constructed, reconstructed, structurally altered or remodeled. . ." The addition of this antenna onto an existing nonconforming antenna tower is not permitted (as stated above) since it would physically increase or expand the nonconformity. Permitting additional antennas on an already nonconforming use is contrary to the intent of the Zoning Ordinance which does not encourage antennas as a primary use. Ms. Chaput stated that the Planning Commission recommends denial of Planning Case #00-27, amendment to the Special Use Permit for 1296 County Road F, to allow for the installation of one antelma onto the existing tower and the installation of a new supporting platform on the ground, for the following reasons: 1. The physical enlargement of an existing nonconforming use by an additional antenna is not permitted by Section 1X (D) of the City's Zoning Ordinance; 2. It appears that antennas have been illegally added to tile existing tower in the past and the current tower appears to be taller than the original SUP permitted in 1972. . Mayor Probst asked what type of antennas have been added to the tower in the past. Ms. Chaput stated there is no documentation of planning cases changing the height of the tower, approved for 240 feet and currently at 265 feet. ARDEN HILLS CITY COUNCIL - July 31,2000 6 . Counci1member Larson asked for clarification with regard to the applicant. Ms. Chaput stated the applicant is ALBS, a company operating out of Illinois, working with Skytel. Councilmember Larson asked whether previous changes were made to the structure since tbe zoning ordinance was amended. Ms. Chaput stated that a building permit was approved in 1982 for building a shed, and a planning case was withdrawn in 1996. Councilmember Grant asked whether the proposed antenna will add to the height of the tower. Ms. Chaput stated it would not add to the height, adding that the addition is not permitted by City Code and would add to the tower's nonconformity. Counci1member Rem asked whether Staff had heard from the applicant since their recommendation for denial was made. Ms. Chaput stated she has not heard from the applicant. Mr. George Reiling stated he is the owner of the property, adding he does not believe the tower has been expanded. Councilmember Aplikowski stated the tower was constructed before the zoning ordinance was revised. She added the toweris visually balanced, and the addition of antennas would make it appear lopsided. She asked how antennas could have been added witl10ut the City's knowledge, and who would be responsible for that. She asked whether tbe illegally added antennas could be removed. . City Attorney Jerry Filla stated that he is not familiar with this case, adding that tile Council seems to be expressing a wish for further information with regard to the tower's height and number of antennas. He added he is unsure whether Mr. Reiling has the authority to give the City more time to investigate that. Mr. Filla stated tl1e legal issue seems to be whether the request is an expansion of a nonconforming use, or an expansion of an illegal use. He expressed concern that this is the last day tor making a decision on tile matter. He recommended the Council take more time to review the matter. Councilmember Larson asked whether the applicant could submit a new application in six months if the application were denied. Ms. Chaput agreed, adding the applicant could also change their application and resubmit it immediately. Mr. Filla asked whether Mr. Reiling would be willing to allow City staff to review permits regarding the property. Mayor Probst expressed concern that there is no way to determine whether Mr. Reiling has the appropriate authority. . Mr. Filla stated he would recommend an alternative motion to continue the request for 60 days to allow the City to investigate the issue. Mayor Probst asked whether an action could be taken to deny the request but waive the six month requirement, allowing the applicant to return next month. Mr. Filla stated the six month restriction is contained in the zoning code. ARDEN HILLS CITY COUNCIL - July 31, 2000 7 . Councilmember Larson stated the recommendations ofthe Planning Commission to deny the request is based on the fact that it is a nonconforming use, and as such the City should not allow an expansion of a nonconforming use. Mr. Filla stated it could be argued that no expansion of any kind is permitted on a nonconforming use, and part of the tower should come down. He noted that adding antennas to towers when no height is added to the tower is not considered expansion of a nonconforming use. Councilmember Grant stated the Council would be basing a decision on lack of information. He added that it has not been confirmed that the tower is actually 265 feet in height. He noted that page five of the staff memo shows the tower height to be 235 feet. He asked whether staff has confirmed the height ofthe tower. Ms. Chaput stated that staff was referring to the application which shows 265 feet. Mr. Filla stated that if the application is to expand the tower from 235 feet to 265 feet, that is a physical expansion of a nonconforming use and would not be allowed. Mr. Reiling asked for clarification. Mr. Filla stated that nonconforming uses should find a graceful termination. He added that if the City allows nonconfornling uses to perpetuate themselves, regulations will never be enforced. Mayor Probst stated that he would wish to proceed with tl1e Planning Commission's recommendation to deny the request, adding the applicant can pursue the issue if they wish. . Councilmember Rem asked whether contact had been made with the applicant. Ms. Chaput stated that she spoke with a representative of tbe applicant prior to the Planning Commission meeting at which the issue was discussed. Staff was told that there would be representation at the Planning Commission meeting although the person failed to appear. Councilmember Rem asked whether the City would have some liability if the tower were not originally constructed to tolerate the additional height. Mr. Filla stated it is a possibility, adding he is not familiar with the facts in this case. Mr. Filla stated the record should show that the City was inclined to take more time to review the case, that the applicant was unresponsive to the City's inquiries, and consequently a decision was made based upon these circumstances. MOTION: Council member Larson moved and Councilmember Aplikowski seconded a motion to deny Planning Case #00-27, amendment to the Special Use Permit for 1296 County Road F, to allow for installation of one antenna onto the existing tower and the installation of a new supporting platform on the ground, for the following reasons: 1. The physical enlargement of an existing nonconforming use by an additional antenna is not permitted by Section 1X (D) of tile City's Zoning Ordinance; . . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 8 2. It appears that antennas have been illegally added to the existing tower in the past and the current tower appears to be taller than the original SUP permitted in 1972; Additional plans submitted by the applicant indicate that the tower will exceed the height specitied in the Special Use Permit. 3. The motion carried unanimously (5-0). 2. Case #00-29, MNDOT, 5400 Highway 8, Site Plan Review Ms. Chaput explained that the applicant is requesting a site plan review of a proposed expansion and remodeling of the existing Minnesota Department of Transportation drivers testing facility, located at 5400 Highway 8. The applicant proposes: a 2,765 square foot addition to the east and south sides of the structure; remodeling the existing building with new windows, mechanical system, finishes, etc.; simplifying the auto access for checking into the facility; relocating the motorcycle test area to tile block west of the current building; converting the motorcycle test area to the east oftl1e building to a staff parking lot; adding a public parking lot on the block to the north of the building. The State of Minnesota agencies are not required by law to abide by City Ordinance; however, they are choosing to follow City Ordinances. The applicant is proposing an addition of 2,765 square feet onto the east and south sides of the existing drivers testing building, increasing the total footprint of the building to 6,500 square feet from 3,735 square feet. Rice Creek Watershed District will require final site drainage plan approval of this proposal because there will be an impervious addition on a site that is greater than 2.5 acres in size. Following Council action, the applical1t will have to make application with the watershed district. The existing motorcycle test area to the east of the structure will be reconstructed as an employee parking lot, allowing for 34 spaces. A new parking lot is being constructed to the north of the structure, accommodating 42 spaces. To the west of the building is the new motorcycle test area. The total number of spaces available on site is 76 with the proposed addition and changes. There appear to be an adequate number of parking spaces on site for the employees and visitors. Ms. Chaput stated that the Planning Commission recommends approval of Planning Case #00- 29, Site Plan Review of the Minnesota Department of Transportation drivers testing facility, located at 5400 County Road I, with 3 conditions. Mayor Probst asked whether the north portion of the site, which appears to be a drainage basin, would provide ponding for the site. Ms. Chaput stated that issue did not come up at the Planning Commission meeting, adding it would be brought forth when Rice Creek Watershed approval was obtained. . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 9 Mayor Probst stated the facility has been a good neighbor, and ideas are floating around with regard to the future of their property. He asked whether that issue was discussed with City staff. Ms. Chaput stated it was not discussed at the Planning Commission meeting, as it was decided that the development of the surrounding TCAAP property would be a long way down the road and future proposed zoning designations should not be imposed at this time. Councilmember Larson stated the retention pond on site would be made smaller by the proposed additional parking spaces. He asked how m8llY spaces the site currently has. Ms. Chaput stated there are 18 existing spaces. Counci1member Larson asked whether the site's practice roads have curbs and gutters. Ms. Chaput confirmed this. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve Planning Case #00-29, Site Plan Review of the Minnesota Department of Transportation drivers testing facility, located at 5400 County Road 1, with the following conditions: 1. The existing temporary strnctures must be removed from the site following completion of the proposed expansion; 2. Rice Creek Watershed approval must be obtained following City Council approval; 3. A building permit must be obtained prior to eonstruction. The motion carried unanimously (5-0). 3. Case #00-11, City of Arden Hills, Zoning Ordinancc Amendment Mr. Post noted that a number of faxes and letters had been received by Staff from residents witl1 regard to this case, all of which were presented at the bench or the Council's review. Mayor Probst stated that the Council will not take action to adopt the ordinance, but rather to direct StatI!o prepare the ordinance for adoption and publication. Ms. Chaput explained that in response to resident complaints, staff has identified some portions of the Zoning Ordinance that require revision in order to properly address complaints. The revisions are a result ofresearching other cities' ordinances as well as staff and Planning Commission discussions. Ms. Chaput reviewed amendments to Section II (D), Definitions, with regard to Item 1, pertaining to single family homes that are being used as student housing. The City has had a number of complaints on single family homes that have been converted into housing for numerous students attending the local colleges. The current code does not have any language in it to deter this type of activity within single family districts. This can be changed by amcnding some ofthe definitions. . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 10 Mayor Probst asked whether the City Attorney was comfortable with the proposed amendments. Mr. Filla stated he is comfortable with the proposed language, adding that most cities have include such definition in their code. He noted that the definition is a legally acceptable concept and as such is defensible. Ms. Chaput reviewed amendments to Section II (D), Definitions; Seetion VI (A) #5, Size; and Section VI (F) #1 h, Parking Structures, with regard to Item 2, pertaining to accessory structures. Since there are restrictions on accessory buildings, a definition should be clearly defined and amended to include all accessory structures. Also, there is no limit on the amount of accessory structures permitted. Typically, cities limit this to one structure in addition to a detached garage, which is what is proposed. The accessory structure setbacks are in conflict in some sections (10' for accessory but some principal structures only require a 5' setback) so this language is proposed to be amended. Finally, the term "parking structure" is not detined in the code so it has been amended for "private garage" which is defined. Councilmember Larson stated the intention was that there be no more than two accessory structures on a lot. He asked whether a home with attached garage could still have two accessory structures. Ms. Chaput confirmcd that the Planning Commission had agreed on that point. Ms. Chaput reviewed amendments to Section VI (F) #3, Traffic and Circulation, with regard to Item 3, pertaining to accessibility to public streets. It is not clear in the ordinance that all newly created properties need to abut a public street. The only information that is provided does not refer to all districts. Ms. Chaput reviewed amendments to Section VI (F) #1 C, Construction Standards, and Section VI (F), #3 C, Driveways, with regard to Item 4, pertaining to driveways. There are no regulations on the number of driveways that a property has or that parking vehicles in the front yard is prohibited. Plus, there is no language that specifically states that new driveways for any type of dwelling unit must be paved. There is also concern about existing language that allows tor the paving of a driveway to occur rigbt up to a lot line without a setback. Finally, State and County regulations for streets should be contirmed with these regulatory bodies at that time and the code should not list their requirements, in the case that they have changed or are incorrect. Mayor Probst asked how this item will affect nonconforming properties. Ms. Chaput stated that nonconforming uses would not be allowed to be created. Council member Larson asked whether curb and gutter will be required for residential properties. Ms. Chaput stated the recommended changes with regard to eurb and gutter do not apply to single family homes. ARDEN HILLS CITY COUNCIL - July 31, 2000 11 . Counci1member Larson expressed concern that a limit ofthree cars parked in a driveway is too limiting, particularly if tour unrelated individuals reside there. Ms. Chaput stated the Planning Commission's decision was based on the assumption that most properties have at least a single car garage, adding it was though to be fair to allow three cars parked on the driveway. Councilmember Larson stated it is still a problem if the is no garage on the property. Councilmember Aplikowski agreed, adding she would wish to see the amendment changed to a limit oftour cars. Ms. Chaput reviewed amendments to Section VI (E) #4 D, Barbs or Spikes on Fences, with regard to Item 5, pertaining to fences. There are regulations for agricultural fences in the City. Thcse types offences are typically prohibited in cities that do not have agricultural districts or vacant land that may be used for agricultural purposes in the future. Staff proposes that they be prohibited. The term "agricultural use" is identified as a permitted and accessory use in the City. From a planning perspective, encouraging agricultural uses does not meet the intentions of the Comprehensive Plan. This use should be eliminated from the land use chart so that it is no longer permitted. . Councilmember Aplikowski asked whether this amendment would impact the business community. Ms. Chaput stated the amendment would apply to all fences within the City until they are removed. Mayor Probst stated that the fence surrounding the arsenal property would be in violation of this anlendment. Councilmember i\plikowski stated that some businesses should be allowed to have protective fences, particularly those bordering railroad tracks. Mayor Probst suggested this section could be revised to allow such fences under a special use permit only _ Ms. Chaput agreed. Ms. Chaput reviewed amendments to Section IX (H), Amortization of Nonconforming Use, with regard to Item 6, pertaining to amortization. In the 1999 Legislative Session, the City's power to amortize land uses was revoked, as stated in Chapter 96-S.F. No. 854. The only uses that a city may amortize are those relating to, " . . . adult-only bookstores, adults-only theatres, or similar adults-only business as defined by ordinance. . ." and for ". . . the prevention or abatement of nuisances. . . or eliminating a use determined to be a public nuisance. . .". Therefore, the language that is currently in the Zoning Ordinance regarding amortizing nonconforming uses should be revised. . Ms. Chaput reviewed amendments and renumbering of all pages, Sections and the Table of Contents in the City of Arden Hills Zoning Ordinance, with regard to Item 7, pertaining to the ordinauce numbering system. The numbering system ofthe ordinance is currently in Roman numerals and is difficult to follow. Staff proposes that this be changed for ease of use as well as the page numbering system, numbering pages from one (I) to the last page of the document. Also, for ease of future revisions, the document should be placed in a binder with section tabs. . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 12 Ms. Chaput stated that the Planning Commission recommends that Planning Case #00-11, Zoning Ordinance Amendments, be approved and staffbe directed to prepare the formal ordinance for adoption at the next regular City Council meeting. Councilmember Aplikowski stated that some residences might have a problem with limiting the number of driveways. Ms. Chaput stated only one access should be permitted, but such change can not be mandated on existing homes who exceed that limit. Mayor Probst stated a variance could be requested for future cases. Ms. Aplikowski asked why tile word "paved" was used under Item 4. Ms. Chaput stated the Planning Commission decided that the term "paved" included many possibilities. Kirk Soldner, 1923 Noble Road, stated he moved to the community 13 years ago because it was different from other communities and had a rural feel. He added he believes the proposed ordinance amendments take away from the original village aspects of the community and he objects to the changes in principle as well as having some issues with the proposed wording. He noted that legislation should only be enacted if there is a demonstrated need, consideration of a variety of viewpoints, minimum legislation necessary, and anticipation of unintended consequences. Mr. Soldner stated he likes to see students in his neighborhood as long as they abide by the rules of the City. He added in his opinion it is unfair to assume that many students living in one dwelling will result in problems. He noted it is prejudiced to assume they will have numerous vehicles. Mr. Soldner suggested the following wording changes: Under Definition 43, Dwelling, replace "dwelling" with "dwelling unit". Under Definition 47, Dwelling Unit, retain existing wording. Under Dcfinition 53, Family, retain existing wording as proposed amendments are limiting. He added the proposed wording might be challenged as discriminatory. Mr. Soldner stated, with regard to Item 2, Accessory Structures, he is unsure why the term "private garage" is necessary and the existing wording should be retained. Mr. Soldner stated, with regard to Item 4, Driveways and Parking, surfaces other than paved surfaces should be acceptable and residents should be allowed to try other options. He expressed concern tbat the proposed chmlges are restrictive, and a limit ofthree cars is unacceptable. He added that the term "regular basis" should be detined. Mr. Soldner stated, with regard to Item 5, Fencing, that agricultural uses within the City should not bc discouraged, and electrical and barbed fences should be allowed for commercial properties. He added that electric fences for use in private gardens should be allowed as they are inconspicuous, harmless to humans and do not kill animals. Mr. Soldner urged the Council to enact legislation only where it is needed and address only real problems with the minimum amount of restriction imposed on residents. ARDEN HILLS CITY COUNCIL - July 31, 2000 13 . Mayor Probst stated that the proposed ordinance amendments are the result of resident complaints which have been di fficult to resolve. LauraValenziano, 1890 Noble Road, stated she lives next door to a home where students are living, adding she has no problems with the home. She noted tllat residents should be more accepting of their neighbors rather than limiting the City to a certain class of people. Ms. Valenziano stated that her student neighbors are friendly, helpful and quiet. She expressed concern that other neighbors brought the issue to the Council rather than discuss it with the homeowners to be resolved within the community. She added she believes the Council is opening the door for discrimination legislation, and the creation of an elitist community. Ms. Va1enziano stated the proposed amendment restricting the number of cars parked in a driveway to three cars would affect a majority of homes in the City. She added the problems which might be caused by a group of students, such as noise pollution or crime, can be resolved under existing laws_ Councilmember Aplikowski asked how many students live next door to Ms. Valenziano. She stated she believes there are eleven students. She added that noise is not a problem. . Ferdinand Peters, 1708 Portland Avenue, St. Paul, stated he is a legal representative of homeowners Jerry and Julie Warner, 1898 Noble Road, who own the home in question. He added he would wish Staff to review the issue further before enactment of the proposed amendments. He noted the neighbors' main concern with the Warner's property is parking, adding the homeovmers have always worked with the City and neighbors whenever necessary. Mr. Peters stated he contacted the Assistant Dean of Student Housing at Bethel College, and learned they do not have donnitory spaces for all their students. He added that his clients have a strict lease policy which follows the rules and protocol of Bethel College. Mr. Peters stated his clients have obtained the necessary permits for parking on their property, adding the proposed changes could result in legal action. Councilmember Aplikowski asked how many cars are parked at the home. Mr. Warner stated there are spaces for 11 cars. Dick Wenzel, 1931 Noble Road, stated he has lived on this street for 28 years and has never had any problems with the students. He asked why the Council would add more legislation when the City does not enforce the laws already enacted. Mayor Probst stated that City staffrespond to issues on a complaint basis. Jerry Warner, owner ofthe property at 1898 Noble Road, stated he purchased the property wben his two daughters, students at the City's colleges, were unable to find a suitable rental property. He added the colleges do not have sufficient housing for student enrollment. He noted the . property at 1898 Noble Road is a two family dwelling which fit their needs perfectly. . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 14 Mr. Warner stated that parking issues were resolved when he obtained a permit through the City to create additional parking spaces for the students. He added the garage is used for study space, and he enforces a strict lease. He reiterated he has sufficient offstreet parking for his tenants. Mayor Probst asked for Mr. Warner's ideas with regard to his intentions for the property. Mr. Warner stated he might sell the home after his daughters are out of college, and convert it back to a single family home. Mayor Probst stated the fundamental concern expressed by neighbors is the amount of parking, and the way such a home changes the character of the neighborhood. He added that the next owner of the home might not have the same management approach as Mr. Warner. Rick Patzlaff, 1885 Noble Road, stated he supports the resolution regardless of how the home at 1898 Noble Road is maintained. He added tbe neighborhood is in an R-2 zone, and the equivalent of an apartment eomplex is not desirable. SueKath, 1895 Noble Road, stated she built her home 23 years ago on that street because of its residential nature. She added that although the students are well-behaved, the home has become a commercial property and will affect her property value. She noted she would have moved to a college campus if that was the type of neighborhood in which she wished to live. Councihnember Larson stated this issue has been raised in otber neighborhoods, including his o'wn, adding it will come up again in tile future. He added it is not the City's responsibility to provide housing for college students who need places to live. He noted the ordinance still allows four unrelated individuals to live in a home, which is reasonable. Councilmember Larson stated that the City must control the number of homes that may be turned into dormitories because of the overflow of college students. Councilmember Aplikowski stated this is a management issue, adding that good housing depends upon good management. She noted that although Mr. Warner manages his property well, tile next owner might not do so. Councilmember Aplikowski expressed opposition to the proposed changes to Definition 47, Family. Councilmember Rem stated it is necessary to have restrictions on the number of people living in a home, adding the Planning Commission is responding to that issue. She expressed her support of enacting guidelines to address the issue more explicitly. Councilmember Grant stated that the number of people living in a home, parking, and activity on the property are issues that need to be dealt with by the City. Mayor Probst stated there are many areas in the community other than Noble Road where the conversion of single family homes has been an issue. He added he agrees with Councilmember . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 15 Larson's comment that the it is not the City's responsibility to create housing for college students. Mayor Probst stated that many of the City's residents bought their homes based on the nature of the community. He added the Council has an obligation to restrict the future proliferation of such rental properties. He noted that reasonable limits would be imposed by the proposed amendments. COLillcilmember Larson suggested the proposed changes could be reviewed at an upcoming worksession or tl1e next Council meeting, due to the late hour. Mayor Probst agreed. Councilmember Aplikowski stated that more information is necessary before the Council could make decisions. Councilmember Rem noted that Councilmembers will be absent at various upcoming meetings. Mr. villa stated four votes are required to pass the amendments. Mr. Soldner urged the Council to refrain from showing prejudice against any group such as students. Councilmember Larson stated the proposed amendments do not specifically target students, but rather attempt to find an aeceptable definition offamily, either related or umelated individuals. He stressed that there is no arglrment of prejudice. MOTION: Counci1member Aplikowski moved and Councilmember Larson seconded a motion to consider Planning Case #00-11, Zoning Ordinance Amendments, at the August 14, 2000 regular Council meeting. The motion carried unanimously (5-0). D. Request for Parking Variance - Snelling Avenue Mr. Post stated that North Heights Lutlleran Church is hosting an event at their site on August 12,2000. He added that Outtront Minnesota will demonstrate at this event, and has requested that the City allow them to park on the west side of Snelling Avenue from the intersection of Highway 96 to Floral Park. Councilmember Larson stated he is a member of Outfront Minnesota, and excused himself trom the vote due to conflict of interest. Mayor Probst stated the demonstration is a free speech issue, adding he is glad the City is in a position to provide a safe location and some control over the events. Councilmember Grant stated the church has every right to host whatever event they wish, adding they should be advised of the Council's recommendation. Councilmember Rem stated the group has checked with all the necessary agencies, and there is no reason to deny or question the request. ARDEN HILLS CITY COUNCIL - July 31, 2000 16 MOTION: . . Councilmember Rem moved and Councilmember Aplikowski seconded a motion to approve a request from Outfront Minnesota to allow parking on the west side of Snelling Avenue from 7:00 a.m. to 10:00 a.m. on August 12,2000 to allow demonstrators the ability to park and obtain access to Highway 96 and the defined protest area, with the following conditions: 1. No demonstration would occur on Snelling Avenue, either at or along the entrance/exit point for North Heights Lutheran Church, at any time during this event. No group or individual will interfere with any resident or visitor to the Snelling A venue area, including but not limited to the distribution of material, and blocking Snelling Avenue for access or exit for local traffic. All demonstrators are to stay within the defined demonstration area for the duration of the planned protest. No individual or group is to block the entrance/exit to the St. Katherine's Ukrainian Orthodox Church parsonage on Highway 96. The Outtront Minnesota group will promptly remove all trash, including any signs, or any extraordinary cost to do so that are incurred by the City of Arden Hills will be charged to Outfront Minnesota. Outfront Minnesota will be responsible for developing a notice, with editorial prerogative by City staff, to be sent to all residents along Snelling Avenue and Highway 96, communicating the date, time and expected duration of this event. 2. 3. 4. 5. 6. Voting on the motion: Probst, Aplikowski, Grant and Rem voted aye. Larson abstained. The motion carried (4-0-1). E. Website Development Task Force, Receive Recommendations Ms. Cbaput stated she has provided some infonnation regarding the creation of a website relating to ber experiences at her previous position for the City oJ'Long Lake. She added she included the review in her memo to the Council of July 18, 2000, adding the information could be discussed at the Council's next worksession. Mr. Soldner stated the website is an outstanding use of taxpayer dollars. He asked when it will be completed. Councilmember Rem stated the website should be complete by September 2000. F. Maintenance Facility, Authorization for Roof Repair Mr. Stafford explained tllat the roof on the Arden Hills Maintenance Faeility leaks protusely in the Parks bay and minor leaks occur in the two Public Works bays. Three of the best known roofing contractors in the metro area inspected the rooj~ and two of the contractors indicated it was beyond repair. . . . . ARDEN HILLS CITY COUNCIL - Jnly 31, 2000 17 All three contractors, Berwald Rooting Co., Inc., John A. Dalsin & Son, Inc. and Walker Roofing Company Inc., submitted proposals to install a new roof and necessary tlashing on the facility. The low bidder was Walker Rooting with a bid of$44,039.00 Mr. Stafford recommended that the Council authorize Staff to award Walker Rooting Company Inc., of Minneapolis the contract to replace the Arden Hills Maintenance Facility roof at a cost of $44,039. This unbudgeted 2000 capital expenditure would be recorded in the Government Buildings Department of the General Fund. Walker Roofing Company Inc. has provided over fifty references of which four have been contacted randomly. All tour spoke favorably of the Walker Roofing Company Inc. Councilmember Grant asked whether the contractor would give a warranty on their work, and how long the roof could be expected to last. Mr. Staftord stated a 12 year warranty would be incl uded. Mayor Probst stated that the City should protect its current assets as Ramsey County as indicated they will not be in a position to pursue the new maintenance facility until 2006 at the earliest. Mayor Probst asked whether some ofthe insulation could be salvaged. Mr. Stafford stated that Staff is open to any cost saving measures, adding he believes the insulation is saturated. Councilmember Aplikowski stated the roof should be fixed, adding hopefully the trusses are in good shape. Councilmember Grant stated the roof needs to be fixed, adding he spoke witb the County Commissioner recently, who indicated their plans are many years in the future. Counci1member Larson asked whether one part of the roof could be completed rather than the whole roof. Mr. Stafford stated this would be possible but would not last as the whole roof is in bad condition. Councilmember Rem asked whether repairs had been done to the roof in the past few years. Mr. Stafford stated that some work had been done by City staft: but a contractor had not been hired. Mr. Post stated that the only major capital improvements to the facility have been makeup air units in the shop, and the security fence. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to award Walker Roofing Company Inc. of Minneapolis the contract to replace the Ardell Hills Maintenance Facility roof at a cost of $44,039.00. The motion carried unanimously (5-0). G. Change Order #3, Forest Lake Contracting, Round Lake Road, Phase I Mr. Brown stated the City awarded Forest Lake Contracting the West Round Lake Road, Phase I projcct on March 8,1999. '[he total awarded contract amount was $794,725.05, which included Bid Alternative A (topsoil excavation), and Bid Alternative B (landscaping). The Council ARDEN HILLS CITY COUNCIL - July 31, 2000 18 approved Change Order #1 on April 12, 1999 and Change Order #2 on August 9, 1999 increasing . the contract to $806,080.05. Mr. Brown stated that Change Order #3 includes the Highway 96/West Round Lake Road intersection modifications to include signage, striping, and landscaping. Councilmember Larson asked whether the contractor completed the remediation on West Round Lake Road. Mr. West stated that a contractor from US West was responsible for the sag there, adding that Forest Lake Contracting has been working to remedy that. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve payment of Contract Change Order #3 for West Round Lake Road Improvements, Phase I, for signage, striping and landscaping, in the amount of $8,198.50. The motion carried unanimously (5-0). Councilmember Larson asked, with regard to the Ingerson Road Improvement Review Group, whether a timeline for action could be communicated to that group. He noted that Mr. Brown was leaving the meeting. . Councilmember Larson stated the Review Groups report is due August 17, and asked whether it would be an agenda item at the Council's August 21 worksession, or August 28 regular meeting. He added that staff could be directed to amend the preliminary feasibility report and have a public hearing in preparation for the Council's final decision. Mayor Probst stated it could be addressed at the August 21 worksession before tormal presentation at the August 28 council meeting. He added he anticipates fairly substantial changes in the original feasibility study. Councilmember Grant asked what kind of discussion could be expected at the worksession. Mayor Probst stated the documents could be reviewed and questions prepared for Staff and the Review Group. Councilmember Larson asked whether the Ingerson Road Improvement Review Group will be expected to make a presentation at the worksession. Mayor Probst stated the Task Foree could prepare a brief presentation to clarify their intentions. Mayor Probst requested that COlillcilmember Larson or Councilmember Grant inform the Ingerson Road Improvement Review Group that their recommendations would be reviewed at the August 21 Council worksession before presentation at the August 28 Regular council meeting. H. Parks Maintenance Department, Authorization to Purchase Replaeement Vehicle #17 . ARDEN HILLS CITY COUNCIL - July 31, 2000 19 . Mr. Moore stated the Parks and Recreation Department have budgeted tor the replacement of Vehicle #17. He added the vehicle is undersized and underpowered for the duties it currently performs, and consequently has experienced front end and transmission problems. Mr. Moore stated thc replacement vehicle will be a 2000 Ford F-350 Super Duty 4x4 pickup the cost for which is $26,903.15, plus an additional $1,000 to have it painted Arden Hills tan. He added that the proper truck utilities are not included, the total cost for which is $14,401.00. He noted the final cost for the new vehicle is $42,304.15. Mr. Moore stated the 2000 Capital Improvement Plan Budget for the replacement of Vehicle #17 is $25,000, and the balance of the cost of the new vehicle will be covered through savings realized in two 2000 Parks Maintenance Capital Improvement Plan projects: replacement of the Ingerson Park playstructure, and the State mandated bleacher replacement. Mr. Moore recommended that the Council authorize the purchase ofa new 2000 Ford F-350 4x4 pickup, painted according to Arden Hills specs and installation of tile proper truck utilities, at a cost not to exceed $42,304.15. He recommended that Vehicle #17 be placed in the fall session of tile State Surplus Auction. Mayor Probst statcd that he was responsible tor moving this agenda item from the Consent Calendar. He asked whether the utilities on Vehic1e # 17 could be utilized on the new truck. Mr. Moore stated the utilities are too small and will not fit on the bigger truck. . Councilmember Grant asked for claritlcation with regard to the estimated life of the new truck. Mr. Moore stated he anticipates the truck will last tell years. Mayor Probst stated the City employs an eight-year cycle with trucks. Mr. Post confirmed this. MOTION: Councilmember Ap1ikowski moved and Councilmember Grant seconded a motion to authorize the purchase ofa new 2000 Ford F-350 4x4 pickup, painted according to Arden Hills specs and installation of proper truck utilities at a cost not to exceed $42,304.15, and that Vehicle #17 be placed in the fall session of the State Surplus Auction. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS A. Water Quality Task Force, Receive Recommendations Mr. Post stated that staff recommends that the Council receive the recommendations ofthe Water Quality Task Force, and thank the members publicly and personally for their participation. He added that the Council should direct staff to develop a Request for Qualifications (RFQ) for development of a Stormwater Management Plan for the City, and present the RFQ at the September 18, 2000 worksession. Counci1member Larson stated the Task Force's recommendations reflect the advice of the . Council, adding the Task Force did an excellent job. He noted he is unsure of the proper role of ARDEN HILLS CITY COUNCIL - July 31, 2000 20 a citizen group in the process of producing a plan, adding the Task Force's members might assist . agalll. Mayor Probst stated the Task Force's efJorts were greatly appreciated by the Council and City staff. MOTION: Counci1member Larson moved and Councilmember Ap1ikowski seconded a motion to receive the recommendations from the Water Quality Task Force, and thank the members publicly and personally for their participation, and to direct staff to develop a Request for Qualifications (RFQ) for development of a Stormwater Management Plan for the City of Arden Hills, as a direct result of one of the recommendations ofthe Water Quality Task Force, to be presented at the September 18, 2000 Worksession, with the intent to conduct the Stormwater Management Plan during the course of2001. The motion carried unanimously (5- 0). B. Twin City Area Labor Management Council, Inc. Request Mr. Post reviewed a request tor funding from Twin City Area Labor Management Council, Inc., adding he is generally unfamiliar with therequest. Mayor Probst stated that no action should be taken with regard to the request. . Mr. Post stated, with regard to construction of the new City Hall facility, that the Secretary of the Army is supportive of efforts to move the fence on the property to enable construction activities. Mayor Probst stated a special meeting might be necessary for the Council to take action on the contract, and the right of early entry should be receivedshortly. COUNCIL COMMENTS Coul1cilmember Grant stated the Fall Recreation Guide was mailed this week, and the summer playground program is over. He added the Arden Manor site had 51 participants. He noted the play structure at Ingerson Park will be constructed by the end ofthe week. Councilmember Grant stated that he recently became a member of the Association of Metropolitan Municipalities(AMM) Metropolitan Agencies Committee, the first meeting of which was recently held. He added the committee plans to address affordable housing, groundwater quality, and an enviromnental impact study. He noted tile group's next meeting will be held Thursday August 3. Councilmember Grant stated the Ingerson Task Force will meet Tuesday August 1, adding that be and Councilmember Larson will be in attendance to make the task force aware of the deadline. . COLlllcilmember Larson stated he reviewed the previous meeting's minutes, adding in his opinion the City should not employee both a full-time tire chief and tire inspector. . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 21 Councilmember Aplikowski stated the AMM Board has an opening for a new member with experience in environmental quality issues. She added the deadline for registration is Tuesday August I. Council member Aplikowski stated that she received a brochure on water quality from the City of New Brighton, which includes interesting information. Councilmember Ap1ikowski stated she received phone calls from businesses and residents concerned about insufficient sigllage on Lexington Avenue for Enterprise Business Park. She noted that the Council should review the sign ordinance with this problem in mind. Mayor Probst stated the property owner could replace the sign and solve the problem. He added there has been some concern expressed over the difference in signage on opposite sides of Lexington Avenue, and Shoreview City staff might be contacted. Councilmember Aplikowski stated that the Events Committee plans to have a budget for presentation at the Council's August 14 meeting, as well as an outline of possible events by the end of the month. Councilmember Rem stated the Operations and Finance Committee met on July 20 and reviewed the presentation regarding garbage hauling schedules. She noted that, in a conversation with the Mayor, Mr. Kelliher had expressed a willingness to meet with the committee to discuss City Hall funding. Mayor Probst confirmed this. Mayor Probst requested that Mr. Stafford keep an eye on striping being completed on County Road E to ensure that the original striping is replicated. Mayor Probst stated tbat National Night Out will be Tuesday, August I, adding the Council had received a list of five neighborhood group meetings. He encouraged Councilmembers to drop by the meetings. Mayor Probst stated a federally subsidized rental property contract will soon be over, adding he anticipates a request will be received by the City to help solve the increase to market rate problem for the residents. He cxpressed concern that the City support the residents but not mediate the solution. Mayor Probst expressed disappointment with regard to tax petitions outlined by Mr. Post. Mayor Probst stated the third buildout workshop held by the 35W corridor coalition will be held September 13 at the New Brighton Family Service Center. Councilmember Larson asked for an update with regard to the Bethel College athletic fields. Mr. Post stated the college has not tormally noticed the city regarding the delay lor the proposed fields. ADJOURN . . . ARDEN HILLS CITY COUNCIL - July 31, 2000 22 MOTION: Councilmember Grant moved and Counci1member Aplikowski seconded a motion to adjourn the meeting at 11 :54 p.m. The motion carried unanimously (5-0). NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, August 14, 2000 at 7:30 p.m. at the Arden Hills Council chambers.