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HomeMy WebLinkAbout11-28-16-R I't -- DVEEN HILLS Approved: January 9, 2017 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 28,2016 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 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Jonathan Wicklund Absent: None Also present: Interim City Administrator and Director of Finance and Administrative Services Sue Iverson, Interim Public Works Director/City Engineer Sue Polka, Interim City Planner Eric Zweber, and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item 5B be amended to have the Resolution read 16-036. Councilmember Holmes requested Items 513, 5C and 5E be pulled from the Consent Agenda for further discussion. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Steve Gericke, 1840 West County Road E, stated he attended the TCAAP Open House and had problems with the proposed density. He expressed concern with the proposed building height as well stating this was not the original intention of the City. He questioned why the City had gone away from the energy efficient homes and geothermal options for the site. He encouraged the City to reconsider making TCAAP an energy efficient site as was originally discussed. ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 2 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority(JDA)Update Interim City Administrator and Director of Finance and Administrative Services Iverson provided the following update on TCAAP: Meetings • On November 14, 2016, the City Council met with the communications consultant to overview and provide input on the survey for the public open house on the updated TCAAP Plans. In addition, staff provided cost estimates for the proposed park improvements for review and discussion with the Council. • On November 16, 2016, the City and Master Development Team hosted a public open house from 4:30 to 7:30 to overview the updated plans and to receive community feedback. There were approximately 158 attendees that signed in. • On November 21, 2016, the City Council met in a work session with the Master Development Team to review the 125 survey responses and discuss next steps for approval of the updated TRC. The Planning Commission will hold the required public hearing on the updated TRC on December 7, 2016. Staff and the Master Development Team are working on finalizing information related to park development costs and the land zoned for civic use prior to the Council approval of the updated TRC which will be scheduled for either the December 12th regular Council meeting or December 19th special Council meeting. • On November 23, 2016, the City and County Staff and consultants met with the Master Development Team and their consultants to discuss project updates. Councilmember Holden requested staff provide the Council with a summary of matters discussed at the development team/staff meetings. B. Transportation Update None. 4. APPROVAL OF MINUTES A. October 17, 2016, City Council Worksession B. October 24, 2016, Special City Council Worksession C. October 24, 2016, Special Regular City Council D. October 31, 2016, Special City Council Worksession MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the October 17, 2016, City Council Worksession meeting _minutes, October 24, 2016, Special City Council Work Session meeting minutes, October 24, 2016, Special Regular City Council meeting minutes; ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 3 and October 31, 2016, Special City Council Worksession meeting minutes as presented. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll 4-48I --ou*ty-Road-E- D. Motion to Approve Planning Case 16-031 — Master PUD and Phase 2 Final PUD Development Agreement— Land O'Lakes—4001 Lexington Avenue N F. Motion to Accept Donation from the Arden Hills Foundation MOTION. Councilmember Holden moved and Councilmember Holmes seconded a _motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS A. Motion to Approve Planning Case 16-023—Minor Subdivision and Variance— 1401 County Road E Mayor Grant requested a full presentation from staff on this Planning Case. Interim City Planner Zweber explained the heir of the property at 1401 E County Road E has applied for a Minor Subdivision and two Variances to split the existing parcel into two lots. The minor subdivision and variances requested are to allow for the subdivision of a single parcel located at 1401 County Road E into two parcels (Parcel A and Parcel B) to facilitate the sale of both parcels to settle the estate of Rhoda Behr, a resident for almost 70 years. Over the past several decades, their much larger original parcel has been split several times to facilitate sales and new construction of homes along Arden Oaks Drive. This last subdivision would result in the fourth and final lot being split from the larger original parcel. This fourth lot had previously received subdivision approval in 1979, but was never recorded. Interim City Planner Zweber stated an existing house is located on the current parcel, with existing connections to sewer, water, and utilities. The sewer line that serves the house is located on the eastern side of the house, which extends southeasterly and over the proposed lot line. An easement is proposed along the inside of each Parcel A (6 feet) and Parcel B (12 feet) to accommodate the existing sewer line. Interim City Planner Zweber reported two variances are also being requested. The first is to allow a 5-foot deviation from Section 1320.06 District Requirements Chart of city code, which requires a lot width of 95 feet. The second variance is to allow a deviation from the requirement in ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 4 Section 1150.04 of city code, which requires that requests for subdivision meet the required dimensions in order to be eligible for division. Interim City Planner Zweber reviewed the Plan Evaluation and offered the following Findings of Fact: 1. The property at 1401 County Road E is located in the LDR-Low Density Residential Land Use District and the R-1 Single Family Residential zoning district; 2. The property is properly guided and zoned for the development of an additional single family home; 3. The land was previously approved for such subdivision by the Arden Hills City Council in 1979; 4. The request proposes to use the property in a reasonable manner(as a single-family home); 5. The need for the variance to lot size and minor subdivision requirements are not due to circumstances created by the property owner; 6. The variances, if granted, will not alter the essential character of the neighborhood; 7. Economic considerations are not the primary reason for the request for the variances; 8. Adequate access to sunlight will be maintained; 9. The requested variances meet the standard of practical difficulty; 10. The proposed use of land is consistent with the purpose and intent of the comprehensive plan,the zoning code, and is consistent with the surrounding land uses; 11. The proposed minor subdivision request meets all other applicable standards of city code. Interim City Planner Zweber stated the Planning Commission unanimously recommended approval (6-0) of Planning Case 16-023 for the Lot Width and Zoning Regulations Variances and the Minor Subdivision at 1401 W County Road E, based on the findings of fact and the submitted plans in the November 9, 2016, Report to the Planning Commission, as amended by the following two conditions: 1. Approval of a 5-foot variance to lot width, and a variance to the requirement that minor subdivisions comply with all zoning requirements. 2. The applicant shall record the Minor Subdivision and drainage and utility easements with Ramsey County within 180 days if the City's approval and a copy of the recording shall be provided to the City. Councilmember Holmes asked if a park dedication fee should be charged for minor subdivision. Interim City Planner Zweber recommended a third condition be added to the Resolution requiring the applicant to pay $5,300 in park dedication fees for the new lot that would be created. Councilmember Holden asked if a park dedication fee was charged to the three lots (Lots 1, 2 and 5)that were sold and recorded in 1979. Interim City Planner Zweber was uncertain and would have to investigate this matter further. Mayor Grant commented Lot 3 has a house on it and questioned when this lot was recorded. ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 5 Interim City Planner Zweber deferred this question to the applicant. Kathy Trussell, 932 Heritage Court in Vadnais Heights, explained the realtor that handled the sale of her parent's property had the lots recorded as they were sold. She understood that her parents were assessed $48,000 for the improvement of Arden Oaks Drive, which led to the sale of three lots. She noted Lots 5, 1 and 2 were sold and recorded to assist in paying the assessment. She stated Lot 4 was not sold at this time and for some reason was not recorded by the realtor. She requested the Council approve the recommendation from 1979. Councilmember Holden thanked Ms. Trussell for the clarification and indicated the only item she was struggling with was the park dedication fee. Ms. Trussell indicated she has been working with the City on this issue since August and at no time was a park dedication fee mentioned. Councilmember Holden questioned why Lot 4 received its own utility stub when it was never recorded as a separate lot. Ms. Trussell commented when the property was originally purchased by her parents they were assessed for three lots for utilities. Mayor Grant questioned if Ms. Trussell currently paid property taxes on one or two lots. Ms. Trussell stated she was paying property taxes for two lots. She provided further comment on the property description. Councilmember Holden expressed confusion with the entire situation. Dorothy McClung, 4370 Snelling Avenue North, stated she has worked with Kathy and understood her family has owned that property for the past 150 years. She explained she previously worked with the County in the Property Records and Revenue Department. She discussed the previous and current legal descriptions, and clarified how the properties had been subdivided over time. Councilmember Wicklund asked if parcel ID's were typically used for specific properties. Mayor Grant stated this was the case. Councilmember Wicklund questioned what the standard practice was for charging a park dedication fee. Mayor Grant explained park dedication fees were spelled out within the City's fee schedule, which was approved annually. He indicated that if a lot were split into two the new lot was responsible for paying a park dedication fee. He believed the question at hand was whether or not this was one parcel or two based on what had been done in the past. He stated the City recognized Lot 4 as a lot because it was assessed. ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 6 Councilmember Wicklund asked if there had been situations in the past where Ramsey County records were not in synch with the City's map. Mayor Grant stated this has happened in the past, but it was rare. Councilmember Holmes indicated she brought this up because the Planning Case was described as a Minor Subdivision and no park dedication fee was suggested. She commented if this was already two lots, she questioned why a subdivision was being requested. Mayor Grant explained there was the issue of the lot not being recorded. Councilmember Wicklund noted that going off of Ramsey County records,this was one lot. Further discussion ensued regarding the history of these parcels. Mayor Grant recommended the historical legal description against the property owner. Councilmember McClung agreed and suggested the Council take the necessary steps to codify the action that was taken by the City in 1979. Councilmember Holden questioned if the Council was in support of the park dedication fee. Mayor Grant did not sense the Council was supportive of this recommendation. MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to Approve Plannin Case 16-023 for two variances: a 5-foot variance to the lot width and a variance to the requirement that minor subdivisions comply with all zoning requirements based on the findings of fact and the submitted plans within the November 28, 2016, Report to the City Council. The motion carried (5-0). MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to Approve Resolution 2015-033 for a Minor Subdivision at 1401 W County _Road E in Planning Case 16-023, based on the findings of fact and the submitted plans, as amended by the two (2) conditions in the November 28, 2016, Report to the City Council. The motion carried (5-0). B. Motion to Approve Ramsey County Election Contract Extension 2017-2020 Councilmember Holmes commented the contract with Ramsey County for 2015-2016 was for $31,000. She asked if there would be any elections in 2017. Interim City Ad min istrator/Director of Finance and Administrative Services Iverson indicated there would be no elections in 2017, however the contract was being spread out over four years for budgeting purposes. Councilmember Holden requested the budget information be placed within the staff report. ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 7 MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to Approve the amendment between Ramsey County and the City of Arden Hills for Election Services for 2017-2020. Councilmember Holden asked if the City was getting its monies worth in this contract considering how much work staff was doing for the election. Interim City Ad min istrator/Director of Finance and Administrative Services Iverson commented this was being evaluated by staff but she believed that the City was receiving a great value from the County. Councilmember McClung appreciated the cost-effective partnership between the City and the County for elections. The motion carried (5-0). C. Motion to Approve Planning Case 16-024 — Final PUD Development Agreement—Med Express— 1150 County Road E W Councilmember Holmes commented on the $6,000 cash escrow and questioned who would be responsible for submitting the escrow. She expressed concern with the fact that Med Express would not have any easements to install a sidewalk. Interim City Planner Zweber reported the City Attorney drafted the Development Agreement and requires the developer to be responsible for submitting the cash escrow. He indicated the City has not received any response from the developer on the agreement. Councilmember Holden agreed with Councilmember Holmes. Mayor Grant believed it was acknowledged within the Development Agreement that while the sidewalk is escrowed, it may not be installed. Interim City Planner Zweber stated this was the case. Councilmember Holmes recommended the owner of the property (Arden Plaza) submit the escrow. Interim City Planner Zweber indicated the applicant would like this item to move forward and suggested developer be changed to property owner under Item 19. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to Approve Planning Case 16-024 a Final PUD Development Agreement, Phase 2, for the property at 1150 County Road E W (Med Express) amending Item 19 changing developer to property owner. The motion carried (5-0). ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 8 7. PUBLIC HEARINGS None. 8. NEW BUSINESS None. 9. UNFINISHED BUSINESS A. Approve Fund Balance Transfer from General Fund to PIR Fund and a Budget Amendment Interim City Administrator/Director of Finance and Administrative Services Iverson stated in 2014, the Council adopted a revised Fund Balance Policy which directs the Finance Director to transfer any excess funds over 50% of fund balance in the General Fund to the PIR Fund once the final audit is completed with Council approval. Interim City Administrator/Director of Finance and Administrative Services Iverson explained the final audit for 2015 was complete and the fund balance for year-end 2015 is 62.9% over the 2016 budgeted expenditures. The amount of the transfer according to the policy is $565,121. As the Council requested, this is being brought forward to the Council for approval and a budget amendment to the 2016 budget. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve a transfer from the General Fund to the PIR Fund of $565,121. Mayor Grant requested an amendment to the motion, reducing the amount being transferred by $40,000 with the intent of using these funds to reduce the levy. AMENDMENT: Mayor Grant moved and Councilmember McClung seconded a motion to reduce the transfer from the General Fund to the PIR Fund by $40,000 with the intent of using these funds to reduce the 2017 levy. Mayor Grant believed $525,000 would still be an adequate amount of funds to assist in completing trails and other infrastructure improvements. He wanted to see the surplus used to provide some break to taxpayers given the level of the surplus. He believed that $40,000 would not go very far when it came to trail connections, but would assist in buying down the levy amount. Councilmember Wicklund commented the Council was not making a levy decision this evening. Mayor Grant reported this was the case. The levy would be approved on December 121h. He commented the approval of the PIR transfer could be tabled until that meeting. ARDEN HILLS REGULAR CITY COUNCIL—NOVEMBER 28, 2016 9 Councilmember Holmes understood that Arden Hills' residents wanted money going into the City's park funds and trails based on the feedback brought to the City. While the amount may be minor, she wanted to see the City's PIR fund replenished. She supported the transfer of the full amount. Councilmember McClung supported $40,000 being used to buy down the levy and believed $525,000 would be an adequate amount to improve trails and parks in 2017. He believed this would be a responsible action for the City Council to take on behalf of the taxpayers. Councilmember Holden understood the City has been using reserves to buy down the levy in recent years. She stated this item had been discussed at a recent worksession and she wanted to see the item move forward. The amendment failed 2-3 (Holden,Holmes and Wicklund opposed). MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve a budget adjustment for 2016 for a transfer from the General Fund to the PIR Fund in the amount of $565,121. The motion carried 4-1 (McClung opposed). 10. COUNCIL COMMENTS None. ADJOURN MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adiourn. The motion carried unanimously (5-0). Mayor Grant adjo rn 'ed the Regular City Council Meeting at 8:02 rvd.lYc 4 Jul' Hanson David Grant Ci Clerk Mayor