Loading...
HomeMy WebLinkAboutCC 09-25-2000 . . . CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING SEPTEMBER 25, 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, and Lois Rem, Absent: Councilmember Gregg Larson, as previously indicated due to a scheduling conflict, Also present were City Administrator, Joe Lynch; City Planner, Jennifer Chaput; and Recording Secretary, Mary Mullen, ADOPT AGENDA MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the September 25,2000, regular City Council meeting, as submitted, The motion carried unanimously (4-0), APPROVAL OF MINUTES A. August 21, 2000 Council Worksession MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the meeting minutes of the August 21, 2000 Council Worksession, as amended, The motion carried unanimously (4-0), CONSENT CALENDAR A. Claims and Payroll B. Resolution #00-32, Supporting Minnesota Cities: Building Quality Communities C. Resolution #00-33, Establishing Rate for the Year 2001 - Curbside Recycling Program D, Resolution #00-34, Authorizing Application for Recycling Grant Funds for 2001 MOTION: Counci1member Grant 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 (4-0), PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 25, 2000 2 There were no public comments, UNFINISHED AND NEW BUSINESS Mayor Probst noted that a discussion regarding plans for the Ingerson Neighborhood, previously scheduled for this evening's meeting, had been postponed to the October 10 regular Council meeting, A. Planning Cases 1. Case #00-31, Hood Flexible Packaging, 1887 Gateway Boulevard, Planned Unit Development (PUD) Amendment Ms, Chaput explained that the applicant is requesting to amend the Planned Unit Development for 1887 Gateway Blvd, to allow the placement of a make-up air unit (~1 T x 5'9") and a chiller condenser (- T x 5 '6") in front of one of the husiness' existing loading doors, Hood Flexible Packaging came before the City Council with Planning Case #00-17a to request the addition of two exterior solvent tanks, a catalytic oxidizer and the expansion of one overhead door to accommodate these additions, This case was approved with the following conditions: 1, A minimum of three protective bollards he placed to protect the fence structure, 2, The dock door closest to the oxidizer not be used once the oxidizer is in place, 3, Solvent tank and oxidizer screening be cedar wood construction, painted to match the building, 4, All rooftop mechanical devices he screened per code requirements, 5, Solvent tank placement meet building/fire code regulations, 6, No detectable odors from the printing process be present on the exterior of the building, Planner Chaput stated that the proposed make-up air unit is required for the operation of Hood Flexible Packaging to bring warm air into the building in the wintertime to equalize airflow, A lot of air is exhausted out of the building and air must be returned to the building so that negative air pressure is not created, It would be difficult to open doors or efficiently dry printed materials without it This would be located directly in front of one of the dock doors so the loading dock would no longer be utilized, The chiller condenser is also required to chill water that in turn cools down presses and machinery for the operation of the business, This would be placcd to the south of the make-up air unit along the huilding, Section VI, E, 4, j of the Zoning Ordinance requires that, "Screening shall also be provided where mechanical operating equipment is located on the ground or on the roof of the premises, , ,constructed and located to prevent direct view of the equipment", Screening types may be a fence, wall or landscaping area, It is the property owner's responsibility to provide screening, as required, . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 25, 2000 3 The applicant is proposing that two types of mechanical equipment be located on the ground on this property, There is no screening plan provided with this application but the applicant is willing to screen the units according to City Council recommendation, Planning Case #00-17a required the same applicants at the same address to screen their proposed outdoor units with cedar wood construction, painted to match the exterior of the building, Ms, Chaput stated that the Planning Commission recommends approval of Planning Case #00- 31, planned unit development amendment for 1887 Gateway Blvd, for the addition of a make-up air unit and a chiller condenser, as shown in the applicant's submittal, with the following conditions: 1, Screening of the make-up air unit and chiller condenser must be constructed of opaque colored webbed fencing (materials as agreed on with statl) of a color to match the building and built to a height equal to the equipment being screened, 2, Application for a building permit must be made, meeting all building and fire code regulations, Ms, Chaput presented photographs of opaque webbed fencing which was reco111l11ended by the Planning Commission, Councilmember Grant asked whether this type of fencing had been approved at 1987 Gateway Boulevard, Ms, Chaput stated the photographs were taken at 4300 Round Lake Boulevard, Mayor Probst expressed frustration that the two units in question arc directly associated with another application only a few months ago, He asked whether the property owners knew in advance that the applications would be made separately and whether the screening requirements originally approved might have been different for purposes of unification, He asked whether the previously approved screening had been constructed, Ms, Chaput stated that the Planning C0111l11ission had discussed this and expressed concern that the applicant had not come forward initially with plans for all the screening required on site, Kelly artley, a representative of United Properties, stated that the height of the units in this planning case makes cedar fencing difficult Ms. Chaput stated that the applicant had expressed a willingness to modify their original screening plan so that the other units match what is proposed in this planning case, She added that the applicant would have to go through the approval process again as the previous case was approved by the CounciL Mayor Probst asked whether the previous case could be modified as a condition of approval for this case, Mr. Lynch stated that the Council could modifY the conditions to reflect that change, Council member Grant stated that the opaque fencing in the photographs did not hide the equipment which it is intended to screen, He added he would wish the units to be screened more effectively, He asked whether the units could be painted to match the building, Mike Hill, Hood Flexible Packaging, stated he would prefer that option, ARDEN HILLS CITY COUNCIL - SEPTEMBER 25,2000 4 Councilmember Aplikowski stated it would be desirable to have all the screening match, She . added it would be preferable not to require that the applicant go through the process again, Councilmember Grant stated that the fence in the photograph is a chain link fence with vertical polymer slats, He noted that the space between the slats does not completely mask the equipment. Mr. Hill stated that a better grade fencing could be installed, Mayor Probst stated that double slats would increase the density of the fence, Ms, Ortley stated that the property owners would prefer a chain link fence with vinyl screening which is easier for maintenance than wood, She added that the height of the equipment is prohibitive, She noted the owners would prefer to install identical screening on all the units, Ms, Chaput stated the Planning Commission was unsure whether the previous case could be amended, Mr. Lynch stated it might not be advisable to alter the previous case, citing a planning case in which a fencing variance was sought and the Council required cement blocks to match the building, He added it might be preferable to provide complete screening with the cedar fencing previously approved, Councilmember Aplikowski stated that the case to which Mr. Lynch referred was on a very visible corner, adding this case pertains to a warehouse site, She noted she would support a chain link fence with vinyl webbing, as well as amending the previous case to reflect that identical fencing would be used on all units, . Mayor Probst stated he would support a chain link system with vinyl slats, He added he would be uncomfortable taking action on this case without knowing exactly what type and grade of fencing the applicant would instalL Ms, Chaput stated the City has the right to extend the case 60 days to December 5, 2000, for final action, Ms, Ortley stated that the tenant in question is interested in expediting their move, and a delay by the Council until December would significantly hurt their operations, She suggested that staff. approval of screening could be specified once the tenant determines the type of screening desired, Mayor Probst asked why the all the enclosures were not included in the same request to ensure conformity with regard to screening, Ms, Ortley stated that her predecessor, Donna Becker of Welsh Companies handled the previous planning case, before United Properties took over ownership, Councilmember Grant stated that since the area is a warehouse district, a chain link fence system would be appropriate and reasonable, He added he would support approving the screening conditioned upon staff approvaL . Mayor Probst noted to Council that the area is a business district and not a warehouse district. He added that the City is currently working with another developer for a much higher level of development on adjacent sites, noting that strict requirements should continue to be imposed in ARDEN HILLS CITY COUNCIL - SEPTEMBER 25,2000 5 . the district and not be allowed to deteriorate, He asked whether the screening approval could be deferred to staff Mr. Lynch stated that the Council had detem1ined in a past planning case which items could be subject to staff approval in the future, He added that it might be inconsistent with that decision to allow staff approval in different applications, Councilmember Aplikowski stated that the Council could be specific with regard to the required screening, adding that nothing would be allowed by staff which was not contained in the approval, MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve Planning Case #00-31, Planned Unit Development Amendment for 1887 Gateway Boulevard for the addition of a make-up air unit and chiller condenser, as shown in the applicant's submittal, with the following conditions: L Screening of the make-up air unit and chiller condenser, as well as those units approved in Planning Case #00-17a, must be constructed of opaque colored webbed fencing (materials as agreed on with staff) of a color to match the building and built to a height equal to the equipment being screened, Application for a building permit must be made, meeting all building and fire code regulations, 2, . The motion carried unanimously (4-0), 2. Case #00-32, MA Peterson Design Build, 1228 Karth Lake Drive, Variance from OHW Setback Ms, Chaput explained that the applicant is requesting a variance from the ordinary high water mark setback of Karth Lake (69 feet proposed, when 75 feet is required) for the removal of an existing screen porch and deck and the construction of a smaller screen porch with stairs and an addition to the single family home, zoned R-L The proposed construction of the screen porch with stairs and addition to the home actually decreases the current area of the house by 162 square feet The addition onto the house is an additional 229 square feet However, the size of the deck and steps decreases by 172 square feet and the patio area decreases by 219 square feel. Overall, the construction reduces the footprint of the house, . The setback, determined by the DNR and adopted by the City, from the ordinary high water mark ofKarth Lake (934,95) is 75', It appears that a number of homes along Karth Lake are unable to meet this setback as they currently exist Minnesota Rules 6120.3200 states that lakes classified as "general development" (Karth Lake) should have a structure setback of 75' from the ordinary high water level for unsewered lots and 50' for sewered lots, Current City code states the ARDEN HILLS CITY COUNCIL - SEPTEMBER 25,2000 6 setback is 75' and, since this is the more restrictive of the two, this case must be evaluated . according to this setback from the ordinary high water leveL In order to grant a variance, a hardship must be identified, as defined by the City and State criteria outlined above, The applicant has responded to the hardship criteria in a letter, as provided in Exhibit B. Staffrccommended denial of this application, However, Planner Chaput stated that the Planning Commission recommended that Planning Case #00-32, variance from the ordinary high water mark setback of Karth Lake (69 feet proposed, when 75 feet is required), be approved based on the following findings and conditions: 1, The amount oflot coverage and size ofthe nonconformity is reduced by the proposal; 2, The shape of the wetland on the property creates an oddly configured parcel; 3, The proposal reduces the amount of encroachment into the setback; 4, If the structure is damaged in excess of the building code threshold for damage, the variance would no longer be valid, Mayor Probst stated that the Council would be reducing the property's nonconformity if the case is approved, Ms, Chaput stated that any future expansion other than what is approved would , ' reqll1re a vanance, . COlillcilmember Grant asked whether the lot is sewered, Ms, Chaput confirmed this, stating the City does not have any unsewered lots, Councilmember Grant stated the Department of Natural Resources (DNR) requires fifty feet setback. Mr. Lynch stated that if the City's ordinance were amended to reflect that, the applicant would not need to come back for approvaL MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve Planning Case #00-32, variance from the ordinary high water mark setback of Karth Lake (69 feet proposed when 75 feet is required) be approved based on the following findings and conditions: 1. The amount of lot coverage and size of the nonconformity is reduced by the proposal; 2, The shape of the wetland on the property creates an oddly configured parcel; 3, The proposal reduces the amount of encroachment into the setback; 4, If the structure is damaged in excess of the building code threshold for damage, the variance would no longer be valid, The motion carried unanimously (4-0), . Mr. Lynch asked whether the Council might wish to consider discussing an amendment to the zoning ordinance to address updating the DNR standards that the City adopted, specifically in relation to setbacks from certain lakes with sewered lots, He added that such an amendment would conform to DNR regulations, Mayor Probst stated he would not be inclined to change the ordinance, adding that 75 feet is reasonable, ARDEN HILLS CITY COUNCIL - SEPTEMBER 25, 2000 7 . Ms, Chaput stated the setbacks on the City's lakes vary from 50-100 feet depending on the type of water body, Council member Grant stated the DNR's setback is based upon the lake classification, Mayor Probst stated that land issues were a topic of discussion at a recent mayor conference, adding that a recommendation was made that such issues should be dealt with in advance of and not in association with specific cases, 3. Case #00-33, Gayle Gulsvig, 3810 New Brighton Road, Special Usc Permit (SUP) Home Occupation Ms, Chaput explained that the applicant is requesting approval of a Special Use Permit (Class II Home Occupation) for the operation of her business, Always Wood Flooring, in her existing single-family home, located at 3810 New Brighton Road, zoned R-2, Earlier this year, staff received a few complaints regarding a business being operated out of a home at 3810 New Brighton Road, The situation was investigated and it was found that the home did not have approval for a homc occupation (either Class I or Class II) at this location, The property owner was notified that she was out of compliance with the zoning ordinance and asked that she respond to staff with a plan for compliance, As a result of this action, the property owner has made application for a Class II Home Occupation, . As stated in her letter, the property owner has been operating Always Wood Flooring at this location for almost three years, Prior to this, she was operating the same business in Shoreview for seven years, The business furnishes materials for wood floors, installs and repairs, resands and finishes existing wood flooring and does maintenance coating for wood flooring, The business owns a total of six vehicles with a working crew of seven people plus one office person, Work is done off-site with the exception of a part-time office person who offices on-site, Always Wood Flooring has been in operation at this location for three years without the required approvals from the City, The applicant was unaware that this was a requirement and was not made aware of this until this past Spring, The applicant has worked to provide everything necessary to the City for the approval of this business and is open to any suggestions on how she could improve the current situation, However, the business, as it currently operates, does not meet the requirements of the Zoning Ordinance for a Class II Home Occupation, Ms, Chaput stated that the Planning Commission recommended that Planning Case #00-33, Special Use Permit (Class II Home Occupation) for the operation of a business (Always Wood Flooring) in a single-family home, located at 3810 New Brighton Road, be denied since the application is unable to meet the following minimum requirements of the Zoning Ordinance for a Class II Home Occupation: . L It is noticeable that thc property is being used for non-residential purposes due to the number of employee vehicles and work related vehicles on the site; . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 25, 2000 8 2, More than one person not residing in the residence is employed to assist in the business activity; and 3, The business in not permitted to have more than two vehicles on-site, in addition to those required by the residents, on a daily basis and this limitation is exceeded, Ms, Chaput stated that City Attorney Jerry Filla suggested that ifthe Council took action on the Planning Commission's recommendation, it would be acceptable for the City to terminate the business and require immediate relocation, allowing two weeks by letter. She added that an inspection could be made after two weeks and a citation issued if necessary. Councilmember Aplikowski stated the issue of the permissible number of cars parked in a driveway was discussed recently, She added that the number of cars parked in the applicant's driveway could not be approved, She noted it would be unreasonable to expect the applicant to find alternative parking, Councilmember Rem stated she had been in attendance at the recent Planning Commission at which this case was discussed, She added that the applicant had commented that she was aware of the fact that her business had outgrown the site and was willing to look at other options, She noted that a two-week notice to terminate her home business is umeasonablc, Ms, Chaput stated that a two-week notice was the City Attorney's recommendation and not a requirement She added the City typically sends a letter and inspects after ten days, Councilmember Grant stated the business has grown outside the bounds of a Class IT home occupation as the nature of the business requires people and vehicles on site, He agreed that relocation might take some time and the City should be lenient in its requirements, Councilmember Grant asked for clarification with regard to a citation, Ms, Chaput stated a criminal complaint would go to court to determine a fine of up to $700, while a civil complaint would result in a lawsuit Ms, Gulsvig stated she has begun a search for a new location for her business with much difficulty, She added the Planning Commission had indicated that she would be given six months to a year, and two weeks would be impossible, She noted she can rent space for the vehicles on New Brighton Road, but employees will continue to come to the horne, Mayor Probst expressed his interest in avoiding the creation ofundue hardship for the applicant Mr. Lynch stated the City typically gives ten days for cessation of illegal activity, He added, in this case, it might be appropriate for the applicant to contact City staff by that deadline to establish a time frame for the business to be moved, Councilmember Rem stated that this course of action would be preferable and reasonable, Councilmember Aplikowski stated she would favor a 30-day time limit for the applicant to find a new location or provide a proposal to staff Councilmember Grant stated that a 30-day time limit is reasonable, ARDEN HILLS CITY COUNCIL - SEPTEMBER 25,2000 9 MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to deny Planning Case #00-33, Special Use Permit (Class II Home Occupation) for the operation of a business (Always Wood Flooring) in a single-family home, located at 3810 New Brighton Road, be denied since the application is unable to meet the following minimum requirements of the Zoning Ordinance for a Class II Home Occupation: . 1, It is noticeable that the property is being used for non-residential purposes due to the number of employee vehicles and work related vehicles on the site; 2, More than one person not residing in the residence is employed to assist in the business activity; and 3, The business in not pemlitted to have more than two vehicles on-site, in addition to those required by the residents, on a daily basis and this limitation is exceeded4, The applicant is provided with 30 days to seek another location for the business or provide City staff with a plan of action for removal of the business from the home at 3810 New Brighton Road, The motion carried unanimously (4-0), Ms, Gulsvig requested clarification with regard to the type of plan which would be required by staff Mayor Probst stated that she should share any information regarding the removal of her business with staff if she is unable to accomplish this within 30 days, . Mayor Probst asked whether staff could provide the applicant with a list of possible locations, He added that the 35W Corridor Coalition had purchased a database with a real estate component which would allow staff to identify particular types of property within the seven county area, Planner Chaput stated she would check into it. ADMINISTRATOR COMMENTS A. Council Directive, Planning Commission Vacancy Mr. Lynch stated that the Council should consider advertising the two Planning Commission vacancies which currently exist, Mayor Probst stated he would support commencing that process and identifying two candidates, He added that a pool of applicants could be identified after advertising and if an obvious choice exists, interviews might be foregone, Councilmember Grant stated that advertising could be started in mid-November with interviews conducted between Thanksgiving and Christmas for appointments when Commissioner Nelson leaves in January, Mayor Probst stated he would favor filling the current vacancy as soon as possible, . Councilmember Rem asked whether the current number of commissioners is sufficient, Mayor Probst stated that an even number of commissioners creates the risk oftie votes, Mr. Lynch . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 25, 2000 10 stated one or two commissioners are usually absent from every meeting, He suggested the Council might wish to consider reducing the Commission from seven to five commissioners, Councilmember Aplikowski stated she would not support a reduction in numbers, She added she would wish the advertising to be done immediately with interviews after elections for a decision in mid-November. She noted she would urge that the Council interview whomever applies, Councilmember Rem stated she would prefer to wait until after elections as there are Council seats open, She added one or two new commissioners could be ready for December. Mayor Probst stated that it might be preferable for the Council not to commit to a selection process at this time, He added that no one might apply, or an applicant who is an obvious choice might be appointed immediately, Councilmember Aplikowski stated she would support interviewing every candidate, Councilmember Rem stated it is the Council's responsibility to meet with everyone who applies, Mayor Probst stated he was not suggesting that the Council should not interview, but rather that such a decision is not necessary, Councilmember Aplikowski stated it might be prudent to review the areas of strength and weakness of the current Commission, She added it might be determined by whomever applies, Mayor Probst stated that advertising could commence on October 13 or 14 to allow for a few weeks prior to the elections, B. Community Events Banner Mr. Lynch requested that the Council's consideration of proposed banners to be associated with the City's 50th anniversary celebration, He added that City staff requires direction with regard to potential changes in the sign ordinance which might be addressed at an upcoming worksession, Councilmember Aplikowski stated that the Events Committee was unsure whether the banners were a City project or a civic project, which would affect funding sources and ordinance compliance, Mayor Probst stated the sign ordinance should be amended to allow the City to erect civic banners, He added that most communities have that ability, Councilmember Aplikowski agreed that the ordinance should be changed, and businesses should be allowed to sponsor banners, Mayor Probst requested that City staff review the necessary changes to the ordinance for review by the Council at an upcoming meeting, . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 25, 2000 I1 COUNCIL COMMENTS Councilmember Grant reviewed a recent meeting of the Parks, Trails and Recreation Committee at which presentations from Ingram Associates and BRW, Inc, were made with regard to parks planning, He added that recommendations for the 2000/2001 winter season were also discussed, Council member Aplikowski stated that it would be appreciated if updates with regard to the TCAAP property could be given to councilmembers on a regular basis, She added it is difficult to answer residents' questions without having the opportunity to take part in discussions, She expressed an interest in having such a discussion at an upcoming worksession, Councilmember Aplikowski stated, with regard to Council worksessions, that more than one presentation makes them too lengthy, COlmcilmember Aplikowski expressed concern that the new City logo is similar to that of another community and might not be an identifYing factor. Councilmember Aplikowski stated she received an advertisement proof from the Suburban Chamber director which might be amended to include a reference to the Golden Celebration, Mayor Probst stated, with regard to TCAAP discussions, that City staffhas done an excellent job of including progress notes in the Council packets, He added that specific requests for confidentiality are received and must be respected, Mayor Probst stated, with regard to Council packets, that he would not wish staff to feel obligated to produce a packet ifthere is no information to be included, He added that items need not be reserved for the second and last week of the month but could be circulated as needed, Council member Rem stated, with regard to Council worksessions, that City staff might present their reports early in the meeting as they need not attend the entire meeting, She added that two worksessions could be scheduled per month to cut down on meeting length, or special sessions could be scheduled as needed, Mayor Probst stated he would be willing to have a Council retreat to discuss these issues after elections, Mayor Probst stated that a groundbreaking for the new City Hall facility is scheduled for mid- October depending upon the availability oflegislators, Mayor Probst stated that the 35W Corridor Coalition is currently focusing on analysis and response with regard to the buildout study, Mayor Probst stated he attended the Operations and Finance Committee meeting recently at which the new City Hall and TCAAP property was discussed, among other issues, . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 25,2000 12 Mayor Probst stated he received correspondence from the National Association of Stormwater Management Agencies with regard to flood insurance for the City. He added he would refer the, issue to Mr, Lynch for review, Mayor Probst stated he attended a mayor's conference at which land use issues were discussed at some length, He added it was an excellent session, He noted that they recommend that denial votes be tabled to allow for preparation of findings of fact. ADJOURN MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:17 p,m, The motion carried unanimously (4-0), 4d~ J en' C ty/f\dministrator NOTICE OF MEETINGS The next regular City Council meeting will be held Tuesday, October 10,2000 at 7:30 p,m, at the Arden Hills Council chambers,