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HomeMy WebLinkAboutCC 08-25-1997 . . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 25, 1997 7:30 P.M. - NEW BRIGHTON 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 7:32 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks, Susan Keirn, and Paul Malone. Absent: None. Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Community Development Director, Kevin Ringwald; Public Works Superintendent, Dwayne Stafford; City Engineer, Greg Stonehouse; Administrative Secretary, Sheila Stowell, and Recording Secretary, Cindy Schneider. After calling roll, it was decided unanimously that from this time forward, it would be noted for the record who was present and absent at the meeting without calling roll. ADOPT AGENDA MOTION: Aplikowski moved and Keirn seconded a motion to adopt the agenda for the August 25, 1997, Regular City Council meeting as presented. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. August 18, 1997, Council Worksession B. August 25,1997, Regular Council Meeting Councilmember Keirn referred to Councilmember Aplikowski's questions raised regarding lakeshore setbacks on Page 2 of the Regular City Council minutes. Councilmember Keirn stated that these questions appeared to remain open and unanswered, and inquired if the questions had, in fact, been answered. Mr. Brian Fritsinger, City Administrator, stated they had not been answered. MOTION: Malone moved and Keirn seconded a motion to approve the August 25,1997, Regular Council Meeting minutes as presented. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - AUGUST 25. 1997 2 . CONSENT CALENDAR A. Claims and Payroll MOTION: Hicks moved and Aplikowski seconded a motion to approve the Consent Calendar as submitted and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS TIlere were no public comments. UNFINISHED AND NEW BUSINESS A-I. Planning Case #97-15, Variances (Fence) - Michael Welsh, 1509 Colleen Avenue Mr. Ringwald stated the applicant is requesting approval of variances to allow for the continuing existence of a fence. Specifically, these variances are for a fence that exceeds the height requirement in the tront yard, is not 30% open for air flow and does not have its finished side out. . On August 6, 1997, the Planning Commission recommended denial ofthe variances to allow for the continuing existence of a fence on height and direction of finished side, and recommended approval of a variance for 30% open for air flow, because this section of the Code is being proposed for elimination Mike Welsh, 580 Clevelaud Avenue SW, #12, New Brighton (Formerly of 1509 Colleen Avenue), came forward to address Council. He urged Council to reconsider this matter, as the Mayor was not in attendance at the meeting where the administrative appeal was originally denied. He noted that the Planning Commission originally approved these variances, and was surprised to have their decision reversed by the City Council. He stated he and his wife feel they are being harassed by the City. He stated a variance was applied for last Fall, which was not mentioned in Mr. Ringwald's background memo, and was awaiting a decision on the conflict of code at that time. He inquired if the Code has now been changed. Mr. Ringwald stated a proposal is before Council for later in the meeting to eliminate the requirement of30% open for air flow. Mayor Probst inquired why the applicant was before Council tonight if he is no longer the property owner of record. Mr. Welsh explained he received the violation notice in May, and they closed on their house in June. Mr. Ringwald added the City assumes Mr. Welsh has told the present owner of the code enforcement action currently against this address, as they were informed prior to tlle sale. Mr. Ringwald also noted that he had notified the real estate agent representing the Welsh's about the violation. . . . . ARDEN HILLS CITY COUNCIL - AUGUST 25.1997 3 Mayor Probst inquired if the only section of Code that was unclear was the 30% open for air flow. Mr. Ringwald stated that was correct, and added the applicant was told last fall that all other sections of the code would be enforced except for possibly the 30% open air flow requirement. When the fence was observed this spring, it was noted that the required repairs had not been made, and a notice was sent at that time. Councilmember Hicks inquired regarding the height variance request. Mr. Ringwald stated the part of the fence that faces Colleen Court in front needs to be lowered to 36 inches. Mr. Welsh stated Colleen Court did not exist when this fence was originally built. Councilmember Aplikowski inquired if the applicant was presently living at this address. Mr. Welsh stated he was not. Councilmember Aplikowski inquired why the applicant was before Council and not the present owner of the property. Mr. Welsh stated that based on Mr. Ringwald's statements, he held off on any repairs made to the fence until the code is changed. Mrs. Francesca Welsh stated she has seen fences in the City with similar circumstances as theirs, and feels the City is making these requirements more on principal than a desire for code enforcement. She stated she feels the fence should be "grandfathered" in, because it is nine years old. Mayor Probst stated this process started with a complaint to the City, and further noted the fence was never granted a building permit. Mrs. Welsh stated the adjacent neighbors have stated they don't mind the present appearance, and that it was neighbors further down the block that complained. Mr. Welsh stated he has seen at least four other fences in the City with the same problem as his fence. Councilmember Aplikowski inquired if the part ofthe fence with the height problem was an entrance fence. Mr. Ringwald stated this fence is technically on the front yard of the property, but appears as a side or rear property line due to how the house sits on the lot. Mr. Welsh stated that Colleen Court did not exist when the fence was built, and he did not find it logical to put the finished side out on an undeveloped acre of land. Councilmember Hicks stated the Welsh's shouldn't feel as if the City is harassing them; even if there are other fences in the City with the same problem, theirs has received a complaint and needs to be dealt with. He stated if the neighbors to the east had no problem, he could support a variance for the unfinished side and 30% open air flow, but would still support reducing the height. COlillcilmember Aplikowski stated it would be just as much work to repair one problem as it would be to repair both, and stated she is considering granting a variance for everything. . . . ARDEN HILLS CITY COUNCIL - AUGUST 25. 1997 4 Mayor Probst inquired where the front yard is on this property. Mr. Ringwald showed an overhead of the property. Mayor Probst stated the ordinance was in place when this fence was built, and to grant these variances would set a bad precedent, as the City can't arbitrarily approve one and not another. He stated it would be possible to approve a variance for height but not for the finished side out. Councilmember Malone stated the fence was also built without a permit, and a building contractor would have known the finished side belongs facing out. He stated others in the area have complied with the ordinance, and to grant a variance would send the wrong message to others in the area who have obtained permits and are in compliance with Code. Mr. Welsh stated he knows ofa fence built just last summer that does not comply with the 30% open for air flow ordinance. Mrs. Welsh stated the repairs would necessitate destroying the new owner's and adjacent neighbor's landscaping. Mr. Ringwald noted that neighbors directly adjacent to this property have talked to staff, as of last summer. MOTION: Malone moved and Hicks seconded a motion to deny the variance for height in front yard and finished side out, but approve the 30 percent open for air flow variance. Councilmember Keim noted an item can only be "grandfathered" in if no ordinance existed at the time of construction, and this was not the case with this fence. Councilmember Hicks inquired ifthe new owners had been informed of this issue, as it would be the new owner's responsibility to correct the problem. He stated he hopes they were told, as doing so would have been the responsibility of the Welsh's. Councilmember Aplikowski stated she knew of another similar problem in the area, and that fence was able to be brought up to Code without any major destruction oflandscaping. She further stated this problem was no longer the applicant's responsibility. Mrs. Welsh stated they are still the ones receiving notices from the City regarding this matter. Mayor Probst asked for a vote on the motion. The motion carried unanimously (5-0). A-2. Planning Case #97-16, Site Plan ReviewNariance (Height ofStrncture) - Friskies Pet Care, 4251 Fernwood Avenue Mr. Ringwald stated the petitioner is requesting approval of site plan review for a 672 square foot addition which is to accommodate an enclosed silo onto their existing facility, including a ARDEN HILLS CITY COUNCIL - AUGUST 25. 1997 5 . height variance (42 feet proposed, when 35 feet is allowed). This silo will make the operation of the plant more efficient, but is not expected to increase production. Mr. Ringwald showed overheads of the existing and proposed silos, and the screening to be provided. The Planning Commission at their August 6, 1997 meeting, required that additional screening in the form of evergreen trees be provided. The Planning Commission also recommend approval of the height variance and the site plan review at this meeting. Mayor Probst requested clarification that the proposed silo will look identical to the existing one. Mr. Ringwald stated that was correct. MOTION: Malone moved and Hicks seconded a motion to approve the height variance and site plan review in Planning Case #97-16, contingent upon the applicant complying with the Planning Commission recommendations for screening. The motion carried unanimously (5-0). A-3. Planning Case #97-18, Zoning Ordinance Modification - City of Arden Hills . Mr. Ringwald stated the Planning Commission recommended approval of the amendments to the following ordinances: VI, C, I, a; VI, C, I, d; VI, C, 2, a; VI, E, 4, c; VI, G, 3, a(2); VI, G, 6, a; and IX, A, 2; and to defer action on recommendations for the following ordinances: VI, E, 4, d and VI, F, I, e. If the City Council is supportive of the proposed modifications to the Zoning Ordinance, then the City Attorney should be directed to prepare the ordinance for Council's approval, which would incorporate these changes into the Zoning Ordinance. The Staff anticipates bringing sections VI,E,4,d and VI,F,I,c to the Planning Commission in October rather than September, due to the changes suggested requiring a republication of the Public Hearing notice. Councilmember Malone stated he was under the impression that this revision of section VI, F, I, c (Building Standards) requires that all driveways be paved. Mr. Ringwald stated it does require that driveways be paved, except for single and two-family homes. Councilmember Malone inquired regarding the 30% open for air flow requirement, stating the original intent was to not have solid fences. He stated variances have been denied for solid walls, but other sections in the Code permit walls. Councilmember Malone stated he is hesitant to approve deletion ofthe 30% open for air flow requirement. Mr. Ringwald stated this ordinance could be pulled and brought back for further discussion. Mayor Probst inquired if the recodification would be a separate action by Council. Mr. Fritsinger replied it would be separate. . Mr. Ringwald stated his preference to discuss the Code regarding walls at a later date. . . . ARDEN HILLS CITY COUNCIL - AUGUST 25. 1997 6 COlU1cilmember Malone sought clarification on the interpretation of Section VI, C, I, and that it was the intent that if houses on the same block were closer to the street or on a mean setback line, that became the setback line, not necessarily further back. The current code states that, where the principal buildings have a different setback from the minimum, the setback of the new structure is not less than the prevailing setback; allowing recognition of houses closer to the street than the prescribed 40 feet in certain neighborhoods. In situations where the principal buildings have a greater setback, Councilmember Malone suggested his interpretation of the intent was not to push other buildings back. Councilmember Malone inquired if there had been cases come before the City where prevailing setbacks greater than 40' were an issue. Mr. Ringwald replied affirmatively, and that variances for setbacks had been granted based on other houses in the area having corresponding setbacks. Mr. Ringwald cited several examples, and stated it was current City practice to require a variance for less than minimum setback, or lines were drawn and a median number used. A discussion ensued regarding related setback Issues. Mayor Probst stated he does not tully lU1derstand the 30% open for air flow requirement, stating there are many fences in the City that do not meet this requirement, but are still attractive to look at. Mr. Ringwald stated this issue could be set aside and discussed further in the future. Councilmember Aplikowski noted businesses have high fences and do not have open for air flow requirements. Mr. Ringwald stated this is for screening. Councilmember Aplikowski noted this could be taken as a double standard, as the ordinance reads "except for screening". MOTION: Hicks moved and Malone seconded a motion to authorize the City Attorney to make the changes to the Zoning Ordinance as recommended by the Planning Commission, excepting the sections outlined in the attached memo and section VI, E, 4, c for further clarification. Councilmember Malone requested an amendment to approve section VI, E, 4, c since the majority ofthe Council seemed to be in favor of this change. Councilmember Hicks accepted the amendment. Councilmember Aplikowski suggested this section should not be approved until the solid wall issue is completely clarified. Councilmember Malone withdrew the amendment. Councilmember Aplikowski inquired why Round Lake is classified as Recreational Development. Mr. Ringwald stated this classification is assigned by the Department of Natural Resources (DNR), not by the City. He suggested this classification may have been applied due to the normal recreational character of lakes, even though not applicable to Round Lake. . . . ARDEN HILLS CITY COUNCIL - AUGUST 25. 1997 7 The motion carried unanimously (5-0). B. Comprehensive Plan, Reqnest for Proposals (RFP's) Mr. Ringwald stated Staff is requesting City Council authorization for a Request for Proposals for updating the City's Comprehensive Plan to a short list of planning firms in the Twin Cities (approximately 9). Mr. Ringwald advised the Council that Staff had received notification earlier that day that the City of Arden Hills has been awarded a grant of approximately $8,300 from the Metropolitan Council to aid in updating the City's Comprehensive Plan. Mr. Ringwald requested that Council review the dateline in the attached memo to see if these dates would work with their schedules. Mayor Probst inquired ifMr. Ringwald needed a commitment to these dates at tonight's meeting. Mr. Ringwald stated he would, if the Request for Proposals is approved. Council member Malone inquired if a large response is expected. Mr. Ringwald replied he expects replies from most of the firms sent a Request for Proposals. MOTION: Malone moved and Aplikowski seconded a motion to authorize Staff to prepare the Request for Proposals and that the RFP's be distributed to the planning firms identified. The motion carried unanimously (5-0). C. Award Contract for Sonth Water Tower Maintenance and Repairs Dwayne Stafford, Public Works Superintendent, stated engineers reviewed the South Water Tower and estimated the necessary repairs at approximately $25,000. Proposals for this work have now been received, and Staff wishes to award the bid to Odlund Protective Coatings for $20,450. This company also did repairs for the North Water Tower, and they are able to begin work this fall. MOTION: Malone moved and Keirn seconded a motion to award the bid for repairs to the South Water Tower to Odlund Protective Coatings in the amount 01'$20,450, with the work to be completed by October I, 1997. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Fritsinger stated he wished to comment on the absence of Gateway Business District items on the agenda, as these items were expeeted to consume a large portion of tonight's meeting. Mr. Fritsinger stated bids for the work on 14th Street have been received, and the City can move forward once the final purchase agreements from Welsh are signed. However, this has not . . . ARDEN HILLS CITY COUNCIL - AUGUST 25. 1997 8 happened yet He stated the City has 90 days to act on these bids, and could either return them to the bidders, or hold them for a short period oftime while the Welsh issues are being resolved. Mayor Probst suggested holding onto the bids for the moment, as the City has only just received them. He inquired what issues are holding up the Welsh agreements. Mr. Fritsinger stated the main issues are property acquisition dates. Mayor Probst inquired what the issue was with the property acquisitions. Mr. Fritsinger stated Welsh is mainly concerned with the high cost of soil correction on some of the parcels. Welsh is reluctant to close on these parcels until the exact soil correction figures are known. There are various soil experts working on proposals at the moment. Mayor Probst agreed that work should not continue in this area until those issues are resolved. Mr. Ringwald stated that work cannot continue until these issues are resolved, as the property would not be Welsh property until the purchase agreements are finalized. Mr. Stonehouse stated the figures for the 14th Street work came in slightly lower than originally estimated. Councilmember Malone stated the low bidder should be contacted and told of this situation, and that tlleir bid may not be acted on in the near future. Mr. Fritsinger stated the City's concern with these delays, stating the bid probably could not be awarded until mid- to late September, and the actual work would not be started until 2-3 weeks after that point. He stated Welsh is also aware of these construction delay issues, and stated the City will be meeting with Welsh on August 26, 1997, to discuss this project in more detail. COUNCIL COMMENTS Councilmember Keirn referred to a recent article in the Bulletin, stating the article may have misled citizens, as it is not clear whether a pedestrian trail will be constructed over 1-35W or over Highway 10. She stated it may be helpful to try and let citizens know of the City's position, and of the errors that were in this article. Mr. Fritsinger stated this issue was discussed with staff ofthe Bulletin, and they reported on the conversations that went on at the meeting. Mayor Probst stated the article may lead people to believe that a safe pedestrian trail with no vehicle conflicts will be built over 1-35W, and this is not the case. Councilmember Keirn agreed, stating the article makes the bridge sound much safer than the City believes it will be. - . . ARDEN HILLS CITY COUNCIL - AUGUST 25.1997 9 Mayor Probst wished to publicly thank resigning receptionist Carolyne Kapitan, and thanked her for ajob well done. Mayor Probst complimented Mr. Fritsinger's recent article in the Bulletin regarding bonding issues associated with this project. Mayor Probst requested clarification that the proposed agenda for the September 15th Council Worksession will be the agenda used. Mr. Fritsinger stated he wishes to discuss the topics as noted, as they are an extension of what was discussed at the recent Staff retreat. ADJOURN MOTION: alone moved and Hicks seconded a motion to adjourn the meeting at 8:45 p.m. e motion carried unanimously (5-0). "cilliU City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held September 8,1997, at 7:30 p.m. at the New Brighton Council Chambers.