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HomeMy WebLinkAboutCC 08-30-1993 , . . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING August 30, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst; Mayor Sather. Also present were: Publ i c Works Superintendent, Dan Winkel; Ci ty Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. ADOPT AGENDA MOTION: Hicks moved, seconded by Aplikowski, to adopt the August 30, 1993 agenda as presented. Motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTES MOTION: Probst moved, seconded by Aplikowski, to approve the minutes of the August 9, 1993 Regular Council Meeting as prepared. Motion carried unanimously (5-0). CONSENT CALENDAR Councilmember Malone asked that in addition to approving the Consent Calendar item "Approve Request for Door-to-Door Solicitation from Asphalt Driveway Company", the subject of door-to-door solicitation be further discussed under Council Comments for clarification. Administrator Person advised that Consent Calendar item "Approve a One-Year Renewal Contract for EZ Recycling" (item a) should be deleted from the Consent Calendar, and it is expected to be considered on an upcoming Council agenda. MOTION: Hicks moved, seconded by Malone, to approve the Consent calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5 -0) . a. b. Deleted Approve Resolution #93-39 Ordering a Revised Feasibil i ty Report in the Matter of Arden pi ace Drainage Improvement of 1993. Approve Resolution #93-40 Ordering Preparation of Plans and Specifications and Order Document for Utility Easement - Arden Place Storm Sewer Project. c. . . . Arden Hills Council August 30, 1993 2 d. Set Public Hearing Date of l2/13/93 for "Truth-in- Taxation" Hearing. e. Authorize Advertisement for Bids for Public Works Vehicles. f. Approve Request for Door-to-Door Solicitation from Asphalt Driveway Company. g. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments at this time. Public comments wi th regard to Arden P I ace drainage issues were received during Council Comments. UNFINISHED AND NEW BUSINESS 9ASE #93-l1 - SPECIAL USE PERMIT GEORGE'S GARDEN. l37l EIDE CIRCLE Community Planning Coordinator Fritsinger explained that for approximately four years, as a hobby, George Weiss has operated a retail sales operation at l37l Eide Circle (George's Garden) selling perennial flowers and other plants during the months of April to September. He noted that the operation is wi thin the R-l zoning district and the City' s zoning ordinance requires that a nursery operation in an R-l district secure a Special Use Permit (SUP). Fritsinger explained that during a general review of local businesses, staff learned that George's Garden has been operating without a required SUP. He added that the primary concern to be addressed in issuance of an SUP is the safety of the neighborhood. He noted that no complaints have been received from neighbors surrounding George's Garden. Fritsinger reported that the Planning commission has reviewed this case and unanimously recommended approval of the SUP with the following conditions: 1. Parking be 1 imi ted to a minimum of two spaces in the driveway to reduce on-street parking. All signage be approved through the City's sign ordinance/permit process. (Directional signs located on Hamline Avenue to be removed.) All sal est cash transacti ons are to occur wi thin the primary structure (home/garage) located on the site. Any required City/County/State business licenses be secured. Sales be limited to perennial and related plants (no woody-type plants, trees or shrubs.) 2. 3. 4. 5. . Arden Hills Council 3 August 30, 1993 6. No accessory structure be added for the use of the nursery (i.e., greenhouse). 7. The SUP be subject to review if any of the above conditions are not met, other concerns are observed, or a change in ownership occurs. Councilmember Malone commented that home occupations typically are permitted only with no exterior activity. Fritsinger concurred, stating that this case is appropriately addressed as an SUP rather than a home occupation. Councilmembers Malone and Aplikowski expressed desire that the SUP be tied specifically to George Weiss, that should Weiss move from the residence or 1371 Eide Circle change ownership, the SUP would terminate. Council concurred. MOTION: . 1. 2. 3. 4. 5. 6. 7. 8. Malone moved, seconded by Aplikowski, relative to Case #93-ll, George's Garden, l37l Eide Circle, to approve a Special Use Permit, with the following conditions: Parking be 1 imi ted to a minimum of two spaces in the driveway to reduce on-street parking. All signage be approved through the City's sign ordinance/permit process. (Directional signs located on Hamline Avenue need to be removed.) All sal est cash transactions are to occur wi thin the primary structure (home/garage) located on the site. Any required City/County/State business licenses be secured. Sales be limited to perennial and related plants (no woody-type plants, trees or shrubs.) No accessory structure be added for the use of the nursery (i.e., greenhouse). The Special Use Permit be subject to review if any of the above conditions are not met or other concerns are observed. The Special Use Permit shall terminate immediate when George Weiss no longer resides at l37l Eide Circle or there is a change in ownership of l37l Eide Circle. Motion carried unanimously (5-0). CASE #93-l3 - FRONT YARD VARIANCE NED & JULIE VANHAMM, 1448 INDIAN OAKS TRAIL Community Planning Coordinator Fritsinger reported that Ned and Julie VanHamm are seeking a front yard variance to allow the construction of a 6-foot-wide roofed deck or open porch across the main portion of their house. . . Arden Hills Council 4 August 30, 1993 Fritsinger explained that Section VI. c. 2. a of the Ordinance requi res a 40-foot front yard setback, and allows a 3-foot encroachment for eaves, canopies, decks, steps, etc. if part of the principal structure. He noted that the subject house is located at the end of a cul-de-sac with the current setback (without the proposed deck/porch) varying from 38.5 feet on the south end, 38 feet at the nearest point, and 43 feet on the north end. Summarizing these figures, Fritsinger stated that a 5-foot front yard setback is being requested (38 foot current setback at nearest point less 6 foot width of proposed deck/porch plus 3 foot permitted encroachment). Fritsinger reported that the City planner reviewed this case and concluded that although some of the issues presented by the applicant (environmental, safety and reasonableness) are supported by the intent and purpose of the Zoning Ordinance, they do not strictly meet the requirements for the granting of a variance. The City Planner's recommendation was to approve a 2-foot front yard setback variance as a compromise. . Fritsinger explained that the Planning Commission reviewed this case and unanimously recommended approval of the 5-foot front yard setback variance based on the following rationale: l) Drainage from the street into the front yard causes run-off problems, creating a hardship to the property, 2) The location of the house is at the end of the cul-de-sac, therefore, there is no front yard alignment issue with neighboring houses, 3) All neighbors who would be affected by the requested variance have indicated their support for the variance and their belief that the proposed renovation would improve the neighborhood and not adversely affect anyone. Councilmember Probst stated that he will support the recommendation of the Planning Commission, but it should be clearly understood that the circumstances surrounding this particular variance request are unique, that granting of this variance would not be a precedent-setting action. . Councilmember Malone concurred with Probst's comments adding that though the typical findings required for the granting of a variance may not be strictly satisfied in this case, it should be understood that front yard setback requirements outlined in the ordinance are intended to assure that houses in a line along any given street have consistent front yard setbacks. He emphasized that the subject property is located at the end of a cul-de-sac rather than being situated amongst a line of other houses, therefore, strict enforcement of the ordinance may be inappropriate in this case. . . . Arden Hills Council August 30, 1993 5 MOTION: Hicks moved, seconded by Aplikowski, to approve a 5-foot front yard setback variance to allow Ned & Julie VanHamm to construct a 6-foot-wide roofed deck or open porch across the main portion of their house at 1448 Indian Oaks Trail. Motion carried unanimously (5-0). DISCUSSION OF EXPENDITURE OF $3,500 FOR PAINTING OF CITY NAME OR LOGO ON FERNWOOD WATER TOWER Mayor sather stated that at a recent worksession, the Council discussed the option of painting the City logo or name on the recently painted Fernwood Water tower at a cost of $3,500 and the Council was somewhat divided on this issue. Counci lmember Probst expressed opposi ti on to painting the City logo or name on the water tower based on the fact that $3,500 is a significant cost, the work is unnecessary, and it is acceptable for Arden Hills to be a little anonymous. Councilmember ApI ikowski commented that al though she recognizes that a $3,500 expenditure is significant, she believes painting the City logo or name on the tower would dress up the tower and signify community pride. Councilmember Malone stated that while he appreciates Councilmember Probst's opposition, he believes painting the City name on the tower will help mark and identify Arden Hills. He commented that he is aware that people living around or traveling through Arden Hills often do not know when they are in Arden Hills. He emphasized that any painting must be tastefully done. Councilmember Hicks stated that while he understands the differing positions on this matter, he is opposed to a large unnecessary expenditure given the demands on the City budget. Since it appeared that a motion on this matter would pass, Council discussed specifics as to the type size, font and colors to be used in painting the City name on the water tower. Consensus of Council was that the name painting, if done, should be painted on the south side of the tower with the City colors and font consistent with authorized standards. MOTION: Malone moved, seconded by Aplikowski, to authorize the City Administrator to activate the appropriate optional portion of the Fernwood water tower painting contract necessary to accomplish painting of the City name on the south side of the Fernwood water tower. Motion carried (3-2; Probst and Hicks voted nay). . . . Arden Hills Council August 30, 1993 6 REOUEST TO RECONSIDER PRIOR ACTION - RETAIL SALES FEE REFUND REQUEST VICTOR SCEVERS Councilmember Hicks recalled that Victor Scevers was not in attendance at the August 9, 1993 Council meeting when Council took action not to refund to Scevers any portion of the fee he paid for a retail sales permit. Hicks reported that since August 9 he spoke directly with Scevers and, based upon information received as a result of that discussion, he believes it is appropriate to reconsider the August 9 action. Hicks explained that further review of Scevers' permit application revealed that on the first day of Scevers' sales he provided the City with a copy of the agreement between the Ramada Inn and himself with regard to conducting retail sales. Hicks commented that Scevers believes, and it appears that, he acted in good faith in holding up his end of the permit. Hicks recommend that one-half ($25) of the retail sales permit fee be returned to Scevers. MOTION: Hicks moved, seconded by Malone, to reverse the action taken by Council on August 9, 1993, and authorize staff to refund to Victor Scevers one-half ($25) of the fee he paid for a retail sales permit. Motion carried unanimously (5-0). COUNCIL COMMENTS Councilmember Hicks advised that he would not be attending September Council meetings or worksession. AMM PHILOSOPHY Councilmember Malone stated he personally supports the philosophy of the Association of Metropolitan Municipalities with regard to the Metropolitan Council, (i.e., Met Council members should be elected rather than appointed, the body should be more of a policy body than a regulatory body, etc.). As Arden Hills' representative to the AMM, Malone asked if support for AMM's philosophy reflects the council's position. Mayor Sather commented that the matter of elected versus appointed Met Council members is complex in that elected members may represent and be committed to their communities but not the larger Met Council district they represent and campaigning for elections may be difficult; on the other hand, appointed members are oftentimes at the mercy of those making appointments which may cause them to be less effective. . . . Arden Hills Council August 30, 1993 7 WETLAND CONSERVATION ACT Counci1member Malone reminded that effective the first of the year, permanent Wetland Conservation Act rules become effective whereby two to one mitigation for wetland will be required. He commented that some cities fear WCA rules may supersede or complicate their zoning regulations. Counci1member Ap1ikowski commented that the Housing Committee of the Association of Metropolitan Municipal i ties is doing what it can to assure that those concerns are considered and addressed. UPDATE - SANDEEN ROAD SEWER Counci1member Probst recalled that on August 9, 1993, the Council had tabled consideration of Steve Nelson's requests for sanitary sewer easement vacation and sewer reconnection/ extension (3280 Sandeen Road) until August 30. He reported that Nelson and neighbors are in further discussions and this matter will likely come before Council again at a later time. TCAAP UPDATE Counci1member Probst said he would be attending an upcoming meeting regarding the Twin Cities Army Ammunitions Plant and continued pursuit of property at that location. COUNCIL WORKSESSION Administrator Person reminded Council that a worksession must be set to finalize the 1994 City budget. MOTION: Malone moved, seconded by Probst, to set a Council worksession primarily for the purpose of finalizing the 1994 budget, for Wednesday, September l, 1993 at 4:45 p.m. Motion carried unanimously (5-0). DOOR-TO-DOOR SOLICITATION Mayor Sather commented that he was of the understanding that door-to-door solicitation requests approved by the Council in the past were only for non-profit organizations. Administrator Person clarified that the door-to-door solicitation request included in this evening's Consent calendar is from an organization which is not non-profit. She added that City Attorney Fill a has advised that internal clarification is needed with regard to consideration of door- to-door solicitation requests. She noted that Fi 11 a has . . . Arden Hills Council August 30, 1993 8 opined that limiting approvals to non-profit organizations is not possibl e due to conunerce concerns, but the City may require proof of a County Auditor's permit (which includes the posting of a bond) as part of the approval process. Council briefly discussed how the City can advise residents of their rights with regard to door-to-door solicitation. staff was directed to investigate and report back to the Council suggestions for informing residents as to their rights and reconunendations for appropriate Ordinance amendments to address this matter. MOTION: Hicks moved, seconded by Aplikowski, to make the approval of door-to-door solicitation by Asphalt Driveway Company (approved earlier during Consent Calendar) subject to the condition that the applicant provide proof of a County Auditor's permit. Motion carried unanimously (5-0). ARDEN PLACE DRAINAGE Warren McGuire, l553 Arden Place, stated that as of september l5, 1993, he and his family are moving out of state and he was in attendance to answer any questions the Council may have regarding drainage problems affecting his property. Public Works Superintendent Winkel conunented that a public hearing regarding the matter of Arden Hills drainage has been tentati vel y set f or the first regul ar October Counci 1 meeting. Administrator Person advised that proper protocol requires review of plans and specifications prior to ordering a hearing and proper advanced notice of the hearing. No changes to tentative public hearing dates were made. ~MPLOYEE REQUEST FOR REIMBURSEMENT Administrator Person reported that employees have requested that employees who are charged by the IRS an additional interest based on the Arden Hills 1991 - 1993 Section l25 plan be reimbursed. She conunented that employees realize they had use of the funds for one to three years, however, they believe they would not be subject to the interest charge if they had not been involved in the employer-provided section l25 Plan. Person noted that, to date, the cost to the City in correcting the problems caused by the erroneous Section l25 plan total $4,025 ($l,250 for tax preparation fee reimbursement, $2,775 for employee FICA, and $2,775 for employer FICA). , . , ~ .. Arden Hills Council August 30, 1993 9 Person reported that the average interest request currently is $32.00. She added that if the City reimbursed one-half of the interest to current employees only, that would total approximately $l70. Councilmember Hicks commented that $l70 is a small price to pay to deliver a good will message to current employees that the Council cares about this situation and realizes that it was not created by the employees. Councilmember Probst concurred adding that he would support the reimbursement suggested by the Administrator with the understanding that the entire matter would then be "put behind us" and no further reimbursement of any kind would be considered. Councilmember Malone commented that the Council has attempted to display good will to the employees with each past actions relative to the section l25 Plan, including paying FICA and other reimbursements. He emphasized that although it is true that the employees did not create the situation, neither did the City intend for the situation to occur. Malone asked why the recommendation is to reimburse only current employees. Administrator Person replied that no requests have been received from former employees and they may be difficult to locate, and the City's primary responsibility is to current employees. MOTION: Malone moved, seconded by Aplikowski, to reimburse current employees who are charged by the IRS an additional interest based on the Arden Hills 1991 - 1993 section l25 Plan up to one-half of the interest per year. This reimbursement is to be based on employee's interest as a result of income from the City (not household income). Motion carried unanimously (5-0). ADJOURN MOTION: Malone moved, seconded by Aplikowski, to adjourn the meeting at 8:22 p.m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator NOTICE OF MEETINGS: The next regular Council meeting will be held September l3, 1993 at 7:30 p.m.