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HomeMy WebLinkAbout09-24-12-R '!Tt --A1EN ILLS Approved: October 29, 2012 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 24,2012 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:01 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Nick Tamble, and Ed Werner Absent: None Also present: City Administrator Patrick Klaers; City Attorney Jerry Filla; and City Planner Meagan Beekman PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested the addition of Item 7A to the agenda to allow an opportunity for public comment related to Item 8A, Planning Case 12-014—Zoning Code Amendment—Multi-Family Dwelling Units. Councilmember Tamble requested that a short discussion of Gateway signs at Lexington Avenue and County Road E be added to the agenda as Item 9A. MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Nancy Kneeland, 1716 Chatham Avenue, addressed the Council regarding the fireworks display at the Celebrating Arden Hills event on September 15. She noted that for the past seven to eight years, the fireworks are launched at the Tony Schmidt Regional Park and they are directed north rather than over the beach. She indicated that her property is approximately 100 to 110 yards ARDEN HILLS CITY COUNCIL— SEPTEMBER 24, 2012 2 north of the area where the fireworks are launched, and this year, debris from the fireworks landed in and around her property. Ms. Kneeland brought in Ziploc baggies full of debris that she collected from her yard, garden, driveway, and roof. She noted that she is attending the meeting for two reasons. The first reason is to ensure that her complaint is noted in the meeting minutes as a means of becoming permanent record. The second reason is to request that future fireworks be launched to the south over the lake, or to the west over the wetland area. She indicated that she will be getting a new roof in the next year or two and any damage caused by firework debris landing on her home will not be tolerated. Mayor Grant thanked Ms. Kneeland for bringing this issue to the Council's attention and for bringing in the examples of the firework debris. He apologized and noted that it was not intended for the firework debris to land on her property. 3. STAFF COMMENTS A. Transportation Update City Administrator Klaers stated that the Highway 10 bridges over 1-35W between Mounds View and Arden Hills opened for traffic last week. Traffic still cannot exit southbound 1-35W onto Highway 10 or northbound 1-35W to West Highway 10; however, full access on and off I- 35W is expected sometime in November. City Administrator Klaers stated that the Hamline Avenue and County Road F intersection will be closed beginning October 1. There is a 30-day window for the construction that MnDOT has scheduled for signal and road improvements at that intersection. City Administrator Klaers announced that the northbound Snelling Avenue and southbound Hamline Avenue access is scheduled to be open in November, and eastbound Highway 10 from County Road 96 to 1-694 is also scheduled to open this November. Eastbound 1-694 at the Lexington Avenue ramp is scheduled to be closed in early October for approximately one month, and this exit off 1-694 will be closed. City Administrator Klaers noted that Councilmember Holden expressed concern at a previous meeting regarding the signalized light at Lexington Avenue and the Grey and Red Fox areas. He stated that the timing was changed to allow for the hauling of materials from the 1-694 project. The hauling of material has ended and the signal will be programmed back to what it was when it was functioning better. Mayor Grant talked about the 1-694 stretch that goes over Old Snelling Avenue. He stated that the City had an interest in putting in a trail when the construction in that area was finished. He asked staff to speak with the Public Works Director in terms of final grading so MnDOT does not grade all the way out to the road. He wanted to make sure that MnDOT remembered the discussion regarding the City wanting a trail. Councilmember Holden inquired if the City could be informed when changes to the signals are scheduled. The City could then pass this information along to residents. ARDEN HILLS CITY COUNCIL—SEPTEMBER 24, 2012 3 City Administrator Klaers stated that he would pass along to the County the fact that the City would like to receive advance notice for significant changes in the timing of the signals. B. Fall Cleanup Day Update City Planner Beekman stated that the Fall Cleanup Day is scheduled for Saturday, October 6, 2012, from 8:00 a.m. until 3:00 p.m. It will be held at the Ramsey County Public Works facility located at Hamline Avenue and County Road 96. She noted that signs will be out directing traffic where to go, and information and the price list of acceptable materials can be found on the City's website. Mayor Grant inquired if a mailing to all residents was done regarding the Fall Cleanup Day. City Planner Beekman stated that a mailing did go out to all the residents of Arden Hills. 4. APPROVAL OF MINUTES A. August 27, 2012, Regular City Council B. September 4, 2012, Special City Council Budget Work Session C. September 10, 2012, Closed City Council Work Session MOTION: Councilmember Tamble moved and Mayor Grant seconded a motion to approve the August 27, 2012, Regular City Council meeting minutes, the September 4, 2012, Special City Council Budget Work Session meeting minutes, and the September 10, 2012, Closed City Council Work Session meeting minutes as presented. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll MOTION: Councilmember Werner moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS Mayor Grant noted that Item 8A being a Zoning Code amendment that would affect and encompass the entire City, felt it necessary to allow for public comment. Mayor Grant opened the Public Hearing at 7:17 p.m. ARDEN HILLS CITY COUNCIL–SEPTEMBER 24, 2012 4 Rob Davidson, TAT Properties, stated that he and his business partner Stu Nolan, own the property at 1201 County Road E, which is in the middle of the B2 District, which is affected by the proposed Zoning Code amendment changes. He indicated that he is a property owner and developer of 20 years and has significant investments in the City. He is opposed to the proposed Zoning Code amendment changes. He noted that some of the proposed changes are appropriate and applicable to newly constructed buildings, but make it impossible for an existing building to comply with the Zoning Code changes. The proposed Zoning Code changes require existing facilities to follow the same ordinances as a newly constructed building. He is discouraged and disappointed with the proposal. He stated that staff has promoted the notion that a 350 square foot apartment is not attractive, functional, or sustainable, and he has been told that an apartment of that size and type would create a"flop house". He emphasized that the apartments are targeted for college students, young adults, and professionals who eat out a lot and are connected socially by cell phones and electronic media. The size of their rooms is not important. Mr. Davidson stated that it is a growing trend across the country; not just Los Angeles or New York, but in similar size cities as Arden Hills, to develop "smart size" housing—apartments of 300 square feet or less--to meet an ever changing market that young people are demanding. The emphasis is on small living areas with expansive common areas. He asked that everyone see sustainability for what it is...the ability to adapt to a changing environment, responsible management, and the stewardship of a resource. He stated that the notion that "smart size" is unsustainable is wrong. The 1201 County Road E project is 80-85% housing and 15-20% retail. For the project to work, the housing component has to work. He would like to develop apartments at that site that are consistent with the zoning currently in place. By changing the zoning as proposed tonight, he may be forced to consider other options such as hotel, protected class, or senior/elder care. He noted that the structure as it exits is too substantial to ignore, and he asked that the zoning changes not be adopted tonight. Mayor Grant closed the Public Hearing at 7:24 p.m. 8. NEW BUSINESS A. Planning Case 12-014 – Zoning Code Amendment – Multi-Family Dwelling Units Mayor Grant reminded the Council that the applicant in this case is the City and comments should be addressed towards City staff. This is a city-wide zoning that affects all properties. City Planner Beekman stated that at the June 25, 2012, regular City Council meeting, the City Council approved a city-wide moratorium on multi-family dwelling units while the City conducted a zoning study to look at possible design standards for multi-family housing. She noted that at the July 11, 2012, Planning Commission meeting, the commission reviewed the scope of the work for the design standards study and provided direction to staff on high priority items. Staff met with representatives from the League of Minnesota Cities, the City Attorney, and reviewed the zoning regulations of surrounding communities subsequent to meeting with the Planning Commission. She explained that staff prepared draft regulations of design standards for multi-family dwellings, and the draft was presented to the Planning Commission at their August 8, 2012, work session meeting. The Planning Commission provided further direction on a number ARDEN HILLS CITY COUNCIL— SEPTEMBER 24, 2012 5 of items, including special requirements for senior housing and the participation of multi-family housing in the City's rental registration program. City Planner Beekman noted that staff revised the draft regulations and presented them to the City Council at their August 20, 2012, work session meeting. The Council provided additional direction and revisions and directed staff to move forward with a public hearing and Planning Commission review. Staff also sent the draft regulations to identified stakeholders in the community and asked for comments. She noted that the comments that were received were included in the packet for this agenda item. City Planner Beekman stated that based on stakeholder and City Council comments as well as interviewing staff at other communities, staff revised the draft regulations and presented them to the Planning Commission at their September 5, 2012, meeting. She noted that the Planning Commission reviewed the documents that were presented, held a public hearing, and voted 3-3 to approve the regulations as submitted. Since a majority vote was not made, the item moved forward to the City Council without a recommendation from the Planning Commission. City Planner Beekman explained that the purpose of the Zoning Code amendments is to revise the review process for multi-family housing. It would allow multi-family housing through a Conditional Use Permit (CUP) process rather than the current Planned Unit Development (PUD) process. Staff drafted conditions of approval of a Conditional Use Permit, which also include a definition for enclosed parking, a revised minimum parking requirement (lowered it to accommodate for smaller units requiring less parking demands), and creating additional Conditional Use Permit criteria for multi-family dwellings. City Planner Beekman noted that within the Zoning Code, additional conditions can be added to conditional uses. Additional Conditional Use Permit criteria would include: • Minimum unit sizes of 600 square feet • Submission of a security plan and lighting plan at the time of development proposal • A requirement that enclosed parking be provided on a per unit basis • A requirement that common areas be provided • A maximum of 15%of efficiency apartments allowed within a specific development • Minimum bike parking requirements • A requirement that secured bike parking be provided • Window covering requirements City Planner Beekman stated that an applicant may review the Zoning Code and submit an application in compliance with the Zoning Code regulations through the CUP process. Or, the applicant may deviate from the minimum requirements in the Zoning Code and request a PUD process through the City. Through the PUD, the City can grant flexibility, and essentially, the City and applicant may negotiate on a number of items. Certain aspects of the Zoning Code may not be met by the application; however, some may be exceeded. The purpose of a PUD is to achieve a project that is better than could have been achieved if the underlying zoning regulations were adhered to. ARDEN HILLS CITY COUNCIL— SEPTEMBER 24, 2012 6 City Planner Beekman explained that if the Zoning Code regulations are approved tonight, a follow-up item at a future meeting would be required to repeal the moratorium if the Council is ready to do that. It would be repealed by resolution. Additionally, there was discussion, both at the Council and Planning Commission levels regarding participation in Ramsey County's Crime Free Multi-family Housing Program and that it should become a requirement in participation in the City's rental registration program. Therefore, the rental registration ordinance is being revised to include all multi-family rental properties, and require that those properties participate in the Ramsey County Crime Free Multi-Family Housing Program. Since this is a City Code amendment rather than a Zoning Code amendment, it is not required to go back to the Planning Commission. Mayor Grant thanked City Planner Beekman and the Planning Commission for addressing this topic so quickly. When this topic was originally discussed at the June 25, 2012, City Council meeting, the Council directed staff to work on the zoning study quickly and he acknowledged that staff and the Planning Commission met that goal. Mayor Grant asked City Planner Beekman to elaborate on the research that she did on multi- family dwelling requirements. City Planner Beekman stated that she contacted 14 other cities in the metro area. She called and interviewed staff in those cities to clarify their multi-family dwelling regulations and to gauge how well things have gone with those regulations. She also inquired about what amendments they would make if they were to change the regulations. Mayor Grant said that it is important to note that City Planner Beekman's recommendations are based on her conversations with other cities while researching their multi-family regulations, and that she did not come up with the proposed regulations on her own. Mayor Grant stated that this Zoning Code amendment is for the entire City; however, he questioned whether Mr. Rob Davidson, who spoke during the public hearing portion of the meeting, could bring his application forward as a PUD. He asked City Planner Beekman to explain the difference between CUP and PUD. City Planner Beekman indicated that if the applicant chose to submit the application as a PUD, he could. She explained that districts are divided within a Zoning Code and the uses that are permitted within those districts are defined. When it is a conditional use, it means it is a permitted use with conditions. The conditions have to be tied to certain aspects and depend on the areas the CUP is evaluating, such as impacts on parking, traffic, noise, odor, glare, etc. She stated that conditional use criteria can also be added for any type of conditional use. She noted that a PUD is an alternative review process and may be requested by an applicant for any type of application or development. With a PUD, the City can grant flexibility on certain aspects for a greater end- product project. She mentioned that Presbyterian Homes is a good example. That site was zoned R-4 and they requested flexibility on the height of the building. In exchange, they provided substantially more green space, landscaping, and storm water management than what would have been required by the minimum standards. When all was said and done, the project was more attractive than it would have been had just the minimum requirements been met. ARDEN HILLS CITY COUNCIL—SEPTEMBER 24, 2012 7 Councilmember Holmes inquired about Section 1320.05 of Ordinance 2012-007. She stated that according to the land use chart, it appears that it is a PUD in a mixed use residential area, which is the TCAAP area. City Planner Beekman explained the "P" on the land use chart represents "permitted". At some point, the City may choose to amend that. She stated that TCAAP will be developed through a master planned unit development. By the time the building is being built, it will have gone through a very thorough master PUD and final PUD for each phase. In the future, when TCAAP is fully developed and redevelopment starts happening on that site, the City may want to change the land use in those districts. Currently, almost all the land uses on that property are considered permitted. Councilmember Holmes stated that a permitted use according to Section 1320.05 would apply to people who are thinking about building apartments in the TCAAP area. Councilmember Holden inquired where the 600 square foot minimum unit size came from. City Planner Beekman explained that in researching other cities, minimum unit apartment sizes, ranged in size from 450 to 650 square feet. After a lengthy Planning Commission discussion, they decided to recommend 600 square feet as the minimum size requirement. When the City Council discussed it, the general consensus among the Council was to not change that number. Councilmember Tamble stated that it is important to note that the Planning Commission could not reach a definitive decision, which raises the question of whether the City should be going to certain extremes. He also noted that it is unfortunate that there is an applicant that had a proposal going on at the same time as these discussions. He announced that he is not in favor of some of the proposed adjustments. Councilmember Holden inquired about Section 1325.045, Subd. 5 referring to the common area requirement. She requested more details about the common area. City Planner Beekman noted that firm numbers were originally provided, however, the Planning Commission wanted to eliminate the numbers. Therefore, it will be up to the applicant to provide an acceptable common area. Councilmember Holden stated that a common area could technically be a room with a computer. City Planner Beekman said that it would be up to the City to decide if that need is being met. Councilmember Holden questioned what would happen if an applicant stated that a certain group of people, such as people aged 55+, were going to be renting the apartments, but later, the apartments were rented to people who were not 55+years old. City Planner Beekman stated that it would not matter. Changes like that would be a private matter between the people living in the building and the building management. If it were senior assisted housing or a nursing home, it would be different because that is a different land use as designated by the Zoning Code. In that situation, it would have to come back for review. ARDEN HILLS CITY COUNCIL—SEPTEMBER 24, 2012 8 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Planning Case 12-014 to adopt Ordinance 12-007 entitled "Amendments to Add Sections 1305.04 Subd 70 and 1325.045, and to Amend Sections 1320.05 and 1325.06 Subd 1.J of the Zoning Code Regarding Multi-family Dwelling Units in the City", as presented in the September 24, 2012, report to the City Council. Councilmember Tamble stated that he would like to consider some of the items and changes individually, such as the 600 square foot minimum unit size. He would also like to address the minimum parking requirements. He noted that it is hard to quantify 1.5 spaces until you start thinking in larger terms (i.e. 1.5 parking spaces for ten efficiency and one bedroom apartments, which is 15 parking spots). Mayor Grant noted that there is a motion on the floor. Procedurally, if Councilmember Tamble would like the Council to discuss amendments, they can. If each amendment is discussed one at a time, it helps keep the focus on each issue. Councilmember Tamble stated that he would like to recommend that 500 square foot minimum units be considered. MOTION: Councilmember Tamble moved and Councilmember Holden seconded a motion to amend Ordinance 2012-007, Section 1325.045, Subd. 1 minimum unit size to be 500 square feet. Councilmember Holden noted that a recent article in the New York Times discussed allowing apartments to go down to a minimum of 425 square feet, however, everything was built into the walls, so the 425 square feet was actually all open space. She is trying to imagine a 500 square foot size unit with a bed, a kitchen, and a bathroom. Mayor Grant stated that he thinks 600 square feet is reasonable. He might be willing to change it by a small amount, but not one hundred square feet to make the minimum 500 square feet. Mayor Grant called the vote for the amendment to subd. 1. The motion amendment failed (2-3) (Holmes,Holden, and Grant opposed). MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to amend Ordinance 2012-007, Section 1325.045, Subd. 1 minimum unit size to be 550 square feet. The motion amendment failed (1-4) (Holmes, Holden, Grant, and Werner opposed). MOTION: Councilmember Tamble moved and Councilmember Holden seconded a motion to amend Ordinance 2012-007, Section 1325.06, Subd. 1.J to amend the required number of off street parking spaces from 1.5 per efficiency and I bedroom dwelling units to I.I. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL— SEPTEMBER 24, 2012 9 Mayor Grant summarized that the Zoning Code as presented in Ordinance No. 2012-007 reads the same way as it was presented, but it was amended in one section. Section 1325.06, Subd. 1.J was amended from 1.5 parking spaces per efficiency and one bedroom dwelling units to 1.1. Mayor Grant calls a vote on the motion as amended. The motion carries (3-2) (Tamble and Werner opposed). MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to approve publication of a summary of Ordinance 12-007. The motion carried unanimously (5-0). 9. UNFINISHED BUSINESS A. Gateway Signs Councilmember Tamble stated that since Walgreen's started construction, there has been utility activity at that corner. There is a push button signal for the crosswalk and a utility box directly behind that, so the proposed Gateway sign would have to go behind both of those. Additionally, there is another utility to the left of the proposed sign that is quite large so anyone approaching from the south on Lexington Avenue would have an obstructed view of the sign. There is also a bus bench, Walgreens' sign, and telephone poles. There is a lot going on at that corner. He knows that this discussion has gone on for some time, but he does not want to put up a Gateway sign there and regret it later. There has been discussion about putting the sign on the Triangle property. He thinks that maybe the best spot for the sign would be at the northwest corner of County Road E and Lexington Avenue. Councilmember Holden inquired if there is enough easement on the northwest corner. City Planner Beekman stated that where the Gateway sign is currently proposed to go, the sign would have to go behind the utility box. It is the only location the sign can go because of the underground utilities, and it is County Right-of-Way. The County will allow us to put the Gateway sign there, but it should be noted that the County controls that area and could potentially put in additional utilities. The area that is across the street does not have enough Right-of-Way to allow for the sign, and the sign would be on private property. When the parcel redevelops, it has been made known that the City wants some form of easement on the parcel to be able to put a civic monument. The Triangle parcel is not owned yet by the City, but that should happen soon. An easement could be granted to the City before the transfer of ownership if the City requests it, which would allow enough time to get the sign installed before the end of the year. Councilmember Holden questioned whether or not Arden Plaza will still pay for half of the sign if the site location of the sign ends up moving. City Planner Beekman stated that Arden Plaza has already made the payment for half of the cost of the sign. She has not asked them if they are opposed to the sign not going in the original location, but the sense that she gets is that it will not matter to them. ARDEN HILLS CITY COUNCIL—SEPTEMBER 24, 2012 10 City Planner Beekman noted that there are basically three options. One, do nothing and put the sign in the proposed location. Two, talk with Presbyterian Homes and the sign manufacturer to see about putting this particular sign at that location. Three, wait for the Holiday Inn redevelopment to occur and the City would have the opportunity to get an easement to put the sign at that site. Councilmember Holden stated that she does not want to wait. She saw that the City has already paid the sign company $5,000, so she would like to proceed with the installation of the sign. She would like staff to ask if Arden Plaza would allow the sign to be installed at another location. City Administrator Klaers stated that staff will not proceed with the sign installation at this time at that site until we receive more information. Mayor Grant requested an update at the October 8, 2012, meeting. 10. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Holmes noted that Celebrating Arden Hills was on September 15 and she is concerned about the resident who came forward tonight regarding the fireworks issue. Apart from that, thought it was a nice celebration and a good event and she thanked Parks and Recreation Manager Michelle Olson and Kim Tamble for their hard work. Councilmember Werner stated that on Saturday, September 22, the rain garden was planted at Valentine Park, with the help and participation of volunteers from the neighborhood. He would also like to thank Parks and Recreation Manager Michelle Olson and Public Works Director Terry Maurer and a number of Public Works employees who helped. Between 1,300 and 1,400 plants were planted and it should look really good next year. Councilmember Werner also noted that he is the City representative on the Ramsey County League of Local Government. The next meeting will be at Irondale High School, and Irondale High School offers the opportunity to earn a two-year associate degree for free while still in high school. Ramsey County League of Local Government's annual meeting on November 15 from 6:00 to 8:30 p.m. will be at the Hilton Garden Inn in Shoreview. Councilmember Werner noted that at the last work session, the Elected Official Out-of-State Travel Policy was discussed. The policy states that out-of-state travel requires approval in advance by the City Council at an open meeting and must include an estimated amount for travel expenses. Since Councilmembers Holden and Holmes have stated their intention of going to Boston for the National League of Cities Convention beginning November 28, he requests the approval for travel be on the agenda for the October 8 City Council meeting. Councilmember Holden stated that Councilmember Werner was misinformed because she never said that she was going to Boston. She would not be able to fly to Boston because her health does not permit her to travel at this time. Councilmember Holmes clarified that she is not attending the National League of Cities Convention either. ARDEN HILLS CITY COUNCIL—SEPTEMBER 24, 2012 11 Councilmember Holden announced that the Fire Board met last week and voted on the budget. There were no surprises and the budget passed as proposed. At the meeting, they also brought forth an internal control policy for their financials, which is something she had been requesting for years. Councilmember Tamble stated that the Communications Committee met last week and learned that its long-serving chair of seven years, Arlene Mitchell, is not going to be renewing her appointment when it expires at the end of the year. He is uncertain at this time if someone else on the committee will be stepping up to that position. He encouraged anyone who is interested in serving on the Communications Committee to contact City Hall or email him. Mayor Grant inquired when Walgreens is opening. City Planner Beekman stated that they are currently working on the certificate of occupancy. She noted that the Building Official sent a punch list over last week, and they are probably looking to get the certificate of occupancy this week. Once the certificate of occupancy is issued, they will open up very quickly. Mayor Grant announced that a letter was received from the Government Finance Officers Association (GFOA) stating that the City received the Distinguished Budget Presentation award. He read the letter aloud and noted that this award is for current budget from the GFOA. It is the highest form of recognition in governmental budgeting and represents a significant achievement of the organization. It is awarded to the City of Arden Hill's Finance Department. He stated that the GFOA will be invited to a City Council meeting so they can present the award in person to the Finance Department. He noted that it is a significant accomplishment and should be celebrated. City Administrator Klaers stated that the Ramsey County Board of Commissioners will meet tomorrow, and their agenda includes an amendment to the agreement with Carl Bowlander & Sons for soil remediation of the TCAAP site. The contract was scheduled to expire on September 30, 2012, and County staff negotiated an amendment to the agreement. The County is not addressing the offer to purchase (OTP). The County has signed an extension to the rescinding date and that OTP document remains valid until December 31, and the County will continue negotiating with the GSA. ADJOURN MOTION: Mayor Grant moved and Councilmember Tamble seconded a motion to adiourn to a special City Council work session. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:42 p.m. to a special City Council work sessicT to discuss Residential Curbside Recycling and the Ci Attorney RFP. Patrick Klaers David Grant City Administrator Mayor