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HomeMy WebLinkAbout08-27-18-RAPPROVAL OF AGENDA PUBLIC INQUIRIES/INFORMATIONAL 7KLVLVDQRSSRUWXQLW\IRUFLWL]HQVWREULQJWRWKH&RXQFLO ¶s attention any items not currently on the agenda which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each SHUVRQZLVKLQJWRDGGUHVVWKH&RXQFLOVSHDNHUVPXVWOLPLWWKHLUFRPPHQWVWRWKUHH (3) minutes. Written documents may be distributed to the Council prior to the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council meeting. RESPONSE TO PUBLIC INQUIRIES Public Inquiry Response From August 13, 2018 City Council Meeting Dave Perrault, City Administrator MEMO.PDF PUBLIC PRESENTATIONS CTV Introduction Dave Perrault, City Administrator MEMO.PDF Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung 6WHYH6FRWW Regular City Council Agenda $XJXVW 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. CALL TO ORDER 1. 2. 3. 3.A. Documents: 4. 4.A. Documents: STAFF COMMENTS Rice Creek Commons (TCAAP) And Joint Development Authority (JDA) Update Dave Perrault, City Administrator MEMO.PDF Transportation Update Dave Perrault, City Administrator MEMO.PDF APPROVAL OF MINUTES July 16, 2018 City Council Work Session 07 -16 -18 -WS.PDF July 23, 2018 Regular City Council 07 -23 -18 -R.PDF CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the &LW\&RXQFLODQGZLOOEHHQDFWHGE\RQHPRWLRQXQGHUD&RQVHQW&DOHQGDUIRUPDW There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst MEMO.PDF Motion To Approve Ordinance 2018 -002 In Planning Case 18 -019 For Proposed Amendments To Chapter 11 ±Subdivisions Of City Code And Motion To Approve Publishing A Summary Of Ordinance 2018 -002 Jane Kansier, Consultant 5. 5.A. Documents: 5.B. Documents: 6. 6.A. Documents: 6.B. Documents: 7. 7.A. Documents: 7.B. Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF Motion To Approve Planning Case 18 -020 For A Minor Subdivision For A Lot Consolidation At 3385, 3401, And 3411 Snelling Avenue North Jane Kansier, Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF Motion To Approve Ordinance 2018 -003 In Planning Case 18 -018 For A Proposed Amendment Regarding Rezoning ±3243 New Brighton Road And Motion To Approve Publishing A Summary Of Ordinance 2018 -003 Jane Kansier, Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF ATTACHMENT J.PDF Motion To Approve Appointment Of Senior Engineering Technician Dave Perrault, City Administrator MEMO.PDF Motion To Approve Resolution 2018 -050 Accepting Donation Julie Hanson, City Clerk MEMO.PDF ATTACHMENT A.PDF 7.C. Documents: 7.D. Documents: 7.E. Documents: 7.F. Documents: Motion To Approve Gate Valve Replacement ±County Road E And Pascal Avenue ±Northdale Construction Co. Inc. Sue Polka, Public Works Director MEMO.PDF ATTACHMENT A.PDF PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. PUBLIC HEARINGS Abatement Of Nuisance At 3246 New Brighton Road Jane Kansier, Consultant MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF NEW BUSINESS Resolution 2018 -051 ±Abatement Of Nuisance At 3246 New Brighton Road Jane Kansier, Consultant MEMO.PDF ATTACHMENT A.PDF UNFINISHED BUSINESS COUNCIL COMMENTS ADJOURN 7.G. Documents: 8. 9. 9.A. Documents: 10. 10.A. Documents: 11. 12. Page 1 of 1 STAFF COMMENTS – 3A MEMORANDUM DATE: August 27, 2018 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Public Inquiry Response from August 13, 2018 City Council meeting Budgeted Amount: Actual Amount: Funding Source: $$$ A verbal update will be provided at the City Council meeting. DATE:August 27, 2018 TO:Honorable Mayor and City Councilmembers FROM:Dave Perrault, City Administrator SUBJECT:CTV Executive Director Dana Healy Introduction Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A CTV Executive Director Dana Healy will be present to introduce herself to the Council. PUBLIC PRESENTATION – 4A MEMORANDUM Page 1 of 1 STAFF COMMENTS – 5A MEMORANDUM DATE: August 27, 2018 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update Budgeted Amount: Actual Amount: Funding Source: $$$ A verbal update will be provided at the City Council meeting. Page 1 of 1 STAFF COMMENTS – 5B MEMORANDUM DATE: August 27, 2018 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Transportation Update Budgeted Amount: Actual Amount: Funding Source: $$$ A verbal update will be provided at the City Council meeting. Approved: August 27, 2018 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION JULY 16, 2018 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present:Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent:None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Sue Polka; City Planner Matthew Bachler; Finance Director Gayle Bauman; Deputy Clerk Jolene Trauba; and City Attorney Joel Jamnik Councilmember Brenda Holden requested the noise at Northwestern be added to the agenda as a discussion item. In addition, she asked if the Council wanted to discuss the B2 Setback information. Mayor David Grant noted these items would be addressed under the Council Tracker Update and stated the agenda would stand as published. 1. AGENDA ITEMS A. Vegetation Removal and Clear Cutting City Planner Matthew Bachler stated the City Council has requested that the City review its existing regulations on vegetation removal and clear cutting, and discuss whether the regulations need to be updated to be more effective. It was noted the City Attorney provided two memos that provide examples of clear cutting ordinances from other cities and possible options for regulating vegetation removal. It was noted the City Attorney was in attendance to respond to questions. City Planner Bachler explained the City Code defines “clear cutting” as “the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.” Section 1325.05, Subd. 1 (Landscaping Design Standards) prohibits clear cutting on all parcels in the City. Section 1330 ARDEN HILLS CITY COUNCIL WORK SESSION – JULY 16, 2018 2 includes additional restrictions on tree and vegetation removal within the Shore Impact Zone and on steep slopes in the Shoreland Management District. City Planner Bachler explained to mitigate the impacts of the removal of significant trees, the City has adopted a Tree Preservation Ordinance (Section 1325.055). A Tree Preservation Plan is required as part of an application for new building construction, expansion of an existing building or hard surface by 10 percent or more, projects that requires a Grading and Erosion Control Permit, and for a plat or minor subdivision. The Tree Preservation Ordinance does not prohibit the removal of significant trees, but it does give the City authority to work with a property owner to designate certain trees for preservation and to require replacement tree plantings. City Attorney Joel Jamnik explained he had a difficult time finding an Ordinance that addressed vegetation removal and clear cutting. He commented further on how these Ordinances handle violations and discussed the proposed fines. He was of the opinion courts would not impose the full $1,000 fine. He anticipated a $300-400 fine could be imposed on a first-time offense. He reported staff could fashion language to address landscape enhancements and clear cutting that would have to occur for this type of activity. Councilmember Holden discussed the amount of time the City spends addressing homeowners along Lake Johanna that have cleared large amounts of vegetation. City Attorney Jamnik commented cleanup costs could be abated back to a homeowner, but noted staff and attorneys’ fees would be difficult to recover. City Planner Bachler stated one of the difficulties facing the City at this time was defining clear cutting. Councilmember Holden recommended information regarding clear cutting and vegetative removal be included in the new resident packet, along with being posted on the City’s website. She explained she was really concerned with the clear cutting that was occurring on Lake Johanna. City Attorney Jamnik reported it would be difficult to close the loopholes that are occurring now without stricter enforcement on the City’s part. Further discussion ensued regarding the Thom Drive situation. Councilmember Fran Holmes stated she did not believe the Thom Drive issue was a concern. Councilmember Holden expressed concern with how the Thom Drive property was clear cut prior to seeking approval to the City for the subdivision. City Attorney Jamnik commented if the City Council was interested, staff could continue to work on this to address intensive vegetation removal, separate from a development or landscaping activity. Secondarily, he would also address holding up building permits and certificates of occupancy if a restoration order was necessary. ARDEN HILLS CITY COUNCIL WORK SESSION – JULY 16, 2018 3 Councilmember Holden supported staff proceeding in this manner. She also recommended lakeshore owners be notified of the proposed changes coming to this Ordinance. City Attorney Jamnik recommended information not be provided to homeowners until the Ordinance amendments were more finalized. Councilmember Holmes asked that staff also better define the City’s definition of clear cutting. Council consensus was to direct staff to continue working on this item and report back at the August work session meeting. B. SLWA City Administrator Dave Perrault explained at the June 11, 2018 City Council meeting the City Council directed staff to bring back the SLWA marketing agreement for further discussion. Per the agreement, the City is obligated to do at least two campaigns per year for three years. The original agreement allows the company to use the City’s logo. The next mailing is set for the fall (dates have not yet been set). If the City would like SLWA to change their marketing material, one option SLWA presented was a co-branded mailing. SLWA is willing to consider other options at the City’s request, but would still like the City to commit to future mailings. Councilmember Holden expressed concern with the fact SLWA sent bad information to the City’s residents in their first mailing. She believed City staff needed to talk with their legal team. She was of the opinion SLWA needed to get their act together prior to the City moving forward with a second mailing. Mayor Grant asked if the City Council would have to approval power over a second letter. City Administrator Perrault reported this was the case. Mayor Grant recommended staff inform SLWA that the City would be diligently reviewing any future letters. Councilmember Steve Scott stated he was irked when he received the previous mailing. He feared the mailing appeared to be the City trying to sell a service. He recommended language be placed in the next letter stating the City has partnered with SLWA. Mayor Grant commented this language would not be correct either because the City has not partnered with SLWA. Rather, the City has permitted SLWA to offer insurance in the City. Councilmember Holden stated there was no difference between SLWA and the clothing recycling company that was completing pickups in the City. Mayor Grant noted the clothing recycling pickup was completed at no cost to homeowners. City Planner Bachler reported this was the case. ARDEN HILLS CITY COUNCIL WORK SESSION – JULY 16, 2018 4 Mayor Grant recommended all future language state SLWA was proposing to provide an optional program and that the City Council be allowed to review all drafts of their future mailings. City Administrator Perrault thanked the Council for their feedback. C. State of the City City Planner Bachler stated the City Council discussed the 2018 State of the City at their Work Session on June 18. Staff has confirmed the Tavern Grill restaurant is available for the morning event on Thursday, September 27. The event will run from 7:30 –9:00 a.m. The City Council recommended that the event be filmed by CTV and shown at City Hall the evening of October 2. CTV no longer allocates annual hours to member cities for video production and the cost of producing the video is estimated at $300. Staff is requesting direction from the Council on whether to still have CTV film the morning event, or whether the presentation should be given again at the October 2 event. Staff is also requesting direction from the City Council on topics to cover in the State of the City presentation. In the past, topics covered have been TCAAP redevelopment, current development projects, transportation improvement projects, public safety, parks and trails and financials and budgets. City Planner Bachler commented in past years, the City has invited a representative from MnDOT to present on current and planned State road improvements project as well. Staff is requesting direction from the City Council on whether MnDOT should be invited to attend the State of the City this year. Staff anticipates a draft of the presentation and presenter notes will be distributed at the City Council meeting on September 10. Mayor Grant stated he supported paying for CTV to film the event. He explained this would allow the event to be streamed on the City’s website. The Council was in agreement to contract with CTV to record the State of the City event. Mayor Grant requested MnDOT provide an update on the I-35W project. Councilmember Holden suggested an item be added to address ways to communicate with the City and staff. D. Council Tracker Update City Administrator Perrault provided the Council with a Council Tracker update, noting that Council should review and decide which items could be removed. After discussion the following items were removed from the list: Chatham Trail (mowing), Katie Lane Turf Restoration, and Average PCI Report. The following items were requested to be added to the Council Tracker: Establish a Garden Club, Green Core Intern, and Rain Garden Maintenance. ARDEN HILLS CITY COUNCIL WORK SESSION – JULY 16, 2018 5 E. HGA Facility Assessment City Administrator Perrault stated the City Council entered into an agreement with HGA in June of 2017 to provide an existing and future needs assessment for the City of Arden Hills to include the City Hall and Public Works facilities. The information gathering process was completed in 2017. The report is focusing on the space needs, and not necessarily the actual employee needs moving forward. The employee count represented for 2017 included future projections, but may not reflect actual employee counts in 2017. For the Public Works portion, they did not account for the actual number of employees projected, but rather the projected space needed. Councilmember Holden requested further information regarding the number of FTE’s being projected. City Administrator Perrault reviewed the FTE numbers with the Council. Councilmember Holmes stated she was confused by the fact the City would be almost doubling in size and no additional staff members were needed. City Administrator Perrault commented on the positions that were added in 2017 along with those that would be added in 2019. Councilmember Holden indicated the information presented to the Council concludes that the current City Hall would be able to support the City after TCAAP was developed. Public Works Director/City Engineer Sue Polka noted that additional public work employees would be needed. Councilmember Holden suggested the key findings on Page 1 of 1 be forwarded to the Civic Task Force group. Mayor Grant agreed with this recommendation. F. CIP Finance Director Gayle Bauman stated annually, the City prepares a five (5) year Capital Improvement Plan for budgeting and forecasting. The focus of the CIP is on the maintenance and protection of the City’s existing assets, redevelopment, and investment in new initiatives. The CIP does not commit the council to the proposed projects, nor implement the assumptions made during the preparation; however, this is the basis for the 2019 Budget as we continue with its preparation. Staff reviewed the CIP in detail with the Council and asked for comments or questions. Mayor Grant recommended the TCAAP equipment expenses be pushed back one year. He noted some infrastructure expenses may occur in 2019. Discussion ensued regarding gateway signs. ARDEN HILLS CITY COUNCIL WORK SESSION – JULY 16, 2018 6 Councilmember Holmes recommended the expenses be flipped and that only $40,000 be budgeted for the coming year. The remainder of the funds for gateway signs was to be pushed back to 2021. The Council requested staff investigate the condenser and chiller replacement further with Dave Scherbel and report back to the Council. In addition, the Council requested further information regarding the tennis court and parking lot replacement. Mayor Grant supported the City replacing playground equipment in two parks in 2019. He asked that staff review the numbers to ensure they are accurate. Councilmember Holden asked why staff was considering the purchase of a new SCADA system. Public Works Director/City Engineer Polka explained staff was exploring all options in order to accommodate the City after the TCAAP build out and noted the City was having trouble with the current web-based system. Mayor Grant recommended the pump expense for Karth Lake be charged to the Karth Lake Improvement District. Public Works Director/City Engineer Polka clarified that the expenses for Karth Lake were to improve the retaining wall and railing. The Council requested further pricing information and photographs from staff for several pieces of public works equipment. Mayor Grant asked if it was necessary to purchase another vehicle for the Public Works Department. He questioned if the CIP would come back to the Council at a future meeting. City Administrator Perrault reported the Council would receive a summary CIP in September and revisit an updated CIP with the full budget in October. Councilmember Holden inquired if staff received any complaints regarding the increased rates on the water bills. Finance Director Bauman stated one person called in stating they were not aware of the increase. Councilmember Holden reported the fire department would be relocating a fire station in Shoreview. She anticipated this relocation would not occur for another 8 to 10 years. Councilmember McClung estimated the cost for a new fire station would be $5 million. ARDEN HILLS CITY COUNCIL WORK SESSION – JULY 16, 2018 7 G. Temporary Admin Mayor Grant stated Britt Pease will be out for an extended period of time. He stated the thought was to cover the work load with existing staff members. If this was not feasible, staff could hire a temp. Councilmember Scott supported staff being able to hire a temp if deemed necessary. 2. COUNCIL COMMENTS AND STAFF UPDATES Councilmember McClung reported he would not be in town for the August 13th City Council meeting. He noted he may be late to the July 23rd meeting. Councilmember Holden requested staff speak with the seasonal employees to ensure they were coming to a complete stop at all stop signs. Councilmember Scott discussed the Change of Command event he recently attended. Mayor Grant commented on the work Xcel completed at the Linde’s triangle. City Administrator Perrault thanked the Council for their support on the temporary staffing. He asked if the Council wanted staff to investigate a policy of some sort for greeting cards. The Council supported this item moving forward. ADJOURN Mayor Grant adjourned the City Council Work Session meeting at 7:48 p.m. __________________________ __________________________ Jolene Trauba David Grant Deputy Clerk Mayor Approved: August 27, 2018 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 23, 2018 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 Steve Scott Absent:None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Sue Polka; Finance Director Gayle Bauman; City Planner Matthew Bachler; City Attorney Joel Jamnik; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES A. Public Inquiry Response from July 9, 2018 City Council Meeting City Planner Bachler stated at the July 9 City Council meeting the property owner at 4030 Valentine Court addressed the City Council regarding a basketball hoop located within the City right-of-way. He commented on the City’s Right-of-Way Ordinance noting this restricts major obstructions from being located within 15 feet of the pavement. He noted staff inspected the property at 4030 Valentine Court and determined the in-ground basketball hoop was an ARDEN HILLS CITY COUNCIL – JULY 23, 2018 2 obstruction. Staff had concerns about the damage that could be caused if a plow truck were to hit this hoop while plowing. He explained the resident was notified of the violation and was asked to relocate the basketball hoop. Mayor Grant asked if a portable basketball hoop could be located on the property at the curb. City Planner Bachler commented he would have to speak with the Public Works Director regarding this matter. Councilmember Holden stated she supported staff following through with this matter per City Code. She encouraged the resident to consider purchasing a portable basketball hoop. Councilmember McClung agreed with Councilmember Holden and stated this hoop would be a liability to the City if it were to remain in place. He feared that a precedent could be set if the basketball hoop were to remain in place on the cul-de-sac. Councilmember Scott concurred with Councilmember Holden as well. He understood that cul- de-sacs were attractive venues for recreational activities. However, he noted cul-de-sacs were quite challenging to plow and had to be free and clear of all obstructions in order to be plowed properly. Councilmember Holmes agreed and stated she did not approve of recreational activities occurring in the City’s streets. Mayor Grant agreed with the comments that were made and recommended the basketball hoop be removed and relocated. 4. STAFF COMMENTS A. GFOA Award Josh Feldman, Treasurer of the Minnesota Government Finance Officers Association (MnGFOA), presented the City Council with three awards from the GFOA. He commended the City Council and the Finance Department for their tremendous efforts. A round of applause was offered by all in attendance. Mayor Grant congratulated Finance Director Bauman and her staff for their dedicated service to the City of Arden Hills. B. GreenStep Cities Award City Planner Bachler explained the Minnesota GreenStep Cities Program is a voluntary challenge and assistance program to help cities achieve sustainability and quality-of-life goals. Cities participating in the program were recognized at the League of Minnesota Cities annual conference on June 21, 2018. The City of Arden Hills received a recognition for advancing to become a Step 2 city in the GreenStep Cities Program. Recognition is based on a review of city- reported progress toward completing actions and measuring performance metrics. As the City ARDEN HILLS CITY COUNCIL – JULY 23, 2018 3 completes Steps 1 through 5, it will earn a recognition block that will be displayed in the lobby at City Hall. Councilmember Holden thanked City Planner Bachler for his efforts. 5. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update City Administrator Perrault provided an update on TCAAP noting the Wednesday, July 25 JDA meeting has been canceled. He explained the JDA would meet next on Monday, August 6. Councilmember Holden asked when the JDA would be receiving a copy of the final MDA. City Administrator Perrault anticipated the JDA would be receiving a copy of an executive summary for the MDA prior to their August meeting. He noted the vote on the MDA would be pushed back. Councilmember Holmes requested the Council review the green infrastructure feasibility study at a future worksession meeting. Mayor Grant recommended the Council dust this document off when the City gets closer to developing TCAAP, perhaps in July of 2019. B. Transportation Update Public Works Director/City Engineer Polka reported there were issues with a retaining wall along Old Snelling which was delaying the opening of this roadway. She explained she would have more information regarding this matter on Tuesday, July 24 and would pass this information along to the Council through an administrative update. Public Works Director/City Engineer Polka stated the Johanna Marsh playground equipment had been installed and the slabs would be poured on Tuesday, July 24. Public Works Director/City Engineer Polka explained construction on the traffic signal along Highway 96 would be delayed this week due to the funeral being held for the corrections officer. She commented further on the traffic closures that would occur in the City for the funeral in order to make adequate room for the number of squad cars that would be at the funeral. C. Night to Unite Update City Clerk Hanson stated the 2018 Night to Unite will be held Tuesday, August 7. Those interested in hosting an event were encouraged to register their party with the Ramsey County Sheriff’s Office by Friday, July 20, 2018. Individuals may still register their party but are not guaranteed a visit by local representatives, though they will do their best to accommodate all. ARDEN HILLS CITY COUNCIL – JULY 23, 2018 4 City Clerk Hanson reported Night to Unite information can be found on the Ramsey County Sheriff’s Office website or by calling the Crime Prevention Unit at 651-266-7339. We also have a link to this information on the City’s website. As of Wednesday, July 18, nineteen (19) hosts had registered their event. A final list of those participating in Night to Unite will be provided to the City Council when it becomes available. The Ramsey County Sheriff’s Office has asked the Mayor and all City Councilmembers to sign a Night to Unite 2018 Proclamation. 6. APPROVAL OF MINUTES A. June 25, 2018, Special City Council Work Session B. June 25, 2018, Regular City Council C. July 9, 2018, Special Executive Closed Session D. July 9, 2018, Regular City Council MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the June 25,2018, Special City Council Work Session meeting minutes, June 25, 2018, Regular City Council meeting minutes, July 9, 2018, Special Executive Closed Session meeting minutes; and July 9, 2018, Regular City Council meeting minutes as presented. The motion carried unanimously (5-0). 7. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve 2 nd Quarter Financials C. Motion to Authorize the City Administrator to Enter into a Professional Services Agreement with Bolton & Menk, Inc., for On-Call Planning Support Services D. Motion to Approve City Administrator Performance Evaluation E. Motion to Approve an Extension until September 30, 2018 for the Deadline to File the Lake Johanna Station No. 1 Final Plat with Ramsey County F. Motion to Approve an Extension to November 15, 2018 for the Deadline to File the Minor Subdivision for a Lot Line Adjustment at 1377 Arden Oaks Drive and 1415 County Road E G. Motion to Approve Proposal from Valley Rich – Lametti Lane Catch Basin Replacement H. Motion to Approve Payment No. 3 – Osseo Construction Co., LLC – 0.5 MG Water Tower Rehabilitation I. Motion to Approve Payment No. 1 – Sunram Construction, Inc. – Johanna Marsh Park Improvements J. Motion to Accept Resignation of City Planner K. Motion to Authorize to Post for City Planner Position MOTION: Councilmember Holden 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). ARDEN HILLS CITY COUNCIL – JULY 23, 2018 5 8. PULLED CONSENT ITEMS None. 9. PUBLIC HEARINGS None. 10. NEW BUSINESS None. 11. UNFINISHED BUSINESS A. Terminate WSB Engineering Services Contract City Administrator Perrault stated the City Council tabled this item from the July 9, 2018 City Council meeting for future discussion. If City Council directs staff to terminate this contract, that is sufficient authority, staff will not need a resolution or signature from the City Council. Councilmember Holden asked if the posting had been extended. City Administrator Perrault reported the posting had been extended one week. He noted the City has received three applications to date. Public Works Director/City Engineer Polka stated she would like the City Council to wait to terminate the WSB contract until interviews are conducted. She noted she spoke with Andy Brotzler of WSB and explained he would be flexible with the City regarding a future termination date. Councilmember McClung stated given the number of applicants and the fact that the application deadline had been extended, he was not comfortable moving forward with this item. He recommended this item be postponed for one month. Councilmember Holden recommended this item not return to the City Council until the City Administrator, Mayor and Public Works Director make a determination. Councilmember Scott asked what the new deadline was for the job posting. Public Works Director/City Engineer Polka stated the new deadline was Friday, July 27. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to table action on this item to a time when the City Administrator, Public Works Director and Mayor determines. The motion carried (5-0). 12. COUNCIL COMMENTS ARDEN HILLS CITY COUNCIL – JULY 23, 2018 6 City Planner Bachler reported his last day with the City would be Thursday, August 9. He indicated he has enjoyed his time with the City and its residents. He explained he would be moving to a small town in New Hampshire where he would be working as a Community Development Director. He noted this move would allow him to be closer to family. Councilmember Scott stated he appreciated City Planner Bachler’s service to the City and wished him well in his move. He commended staff for achieving Step 2 in the GreenStep Cities program and for achieving three distinguished budgeting awards from the MGFOA. Councilmember Scott thanked the Public Works Department staff for properly repairing the landscaping that was disturbed during a recent sewer line repair. Councilmember McClung thanked Finance Director Bauman and her staff for their great work on behalf of the City. He wished City Planner Bachler all the best and thanked him for his thoughtful service to the community. Councilmember Holmes congratulated the Finance Department for their efforts. She indicated the City would greatly miss City Planner Bachler and wished him well in his new venture. Councilmember Holmes reported the Penny Carnival would be held on Friday, July 27 from 1:00 p.m. to 3:00 p.m. at Perry Park. She noted Bark and Rec would be held on Saturday, July 28 from 1:00 p.m. to 3:00 p.m. at Perry Park. Councilmember Holmes stated she would be serving on the League of Minnesota Cities Policy Committee. Councilmember Holden commented she attended Hot Dog with a Deputy on Wednesday, July 11. She noted this was a well-attended event at Perry Park. Councilmember Holden requested the Council discuss the City’s investment policy with Finance Director Bauman at a future worksession meeting. Councilmember Holden thanked City Planner Bachler for all of his efforts on behalf of the City and wished him well in his move. Mayor Grant stated City Planner Bachler and his professionalism would be greatly missed. He wished City Planner Bachler well in his move to New England. Mayor Grant congratulated staff and the City Council for achieving the Step 2 GreenStep Cities award. He also commended the Finance Department for their efforts and for receiving three distinguished awards from the MGFOA. Mayor Grant explained he attended the Hot Dog with a Deputy event and thanked all who were in attendance. He stated this was a great community event. Mayor Grant requested an update from staff regarding the upcoming election deadlines. ARDEN HILLS CITY COUNCIL – JULY 23, 2018 7 City Clerk Hanson reviewed the upcoming deadlines for the City’s local elections. ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adjourn. The motion carried unanimously (5-0). 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Motion to approve Ordinance 2018-002in Planning Case 18-019for proposed amendments to Chapter 11 – Subdivisions of the City Code, as presented in the August 27, 2018 Report to the City Council. 2. Motion to approve publishing a Summary of Ordinance 2018-002 (4/5 vote required). Background The City has initiated proposed amendments to Chapter 11 – Subdivisions of the City Code. The amendments would address the following: 1. Reference the Arden Hills Public Works Design Manual and require that subdivisions meet the standards included in the manual. 2. Amend Section 1130.08, Subd. 3 pertaining to public use dedication requirements for commercial and industrial properties. The proposed amendments have been provided in Attachment A. The City Attorney has reviewed and approved of the proposed changes. City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 2 of 3 Public Works Design Manual The City is currently working with Kimley-Horn on a Public Works Design Manual that will detail requirements for street and utility construction within the City. Staff anticipates the manual will be completed in fall 2018. Staff is recommending an amendment to the Subdivision Code that would require developers to complete street and utility improvements for subdivisions in accordance with the Public Works Design Manual. Going forward, the City will be able to update the Public Works Design Manual as needed without having to amend the Subdivision Code each time construction standards change. Public Use Dedication Development results in new residents and employees that have an impact on a community’s existing public infrastructure. State law authorizes cities to require as part of a subdivision approval that a reasonable portion of land be dedicated to the public for parks, recreational facilities, trails, or open space. The City’s current public use dedication requirements are found in Chapter 11 – Subdivisions, Section 1130.08 of the Arden Hills City Code (Attachment C). The City last updated its public uses dedication requirements in December 2015 to ensure that sufficient land and funds will be available for park development on the former Twin Cities Army Ammunition Plant (TCAAP) site. In December 2016, the City Council entered into a Memorandum of Understanding (MOU) with the TCAAP Master Developer that formalizes the agreed upon improvements for the three public parks in the Creek, Hill, and Town neighborhoods on TCAAP. Staff and the Master Developer evaluated the anticipated cost of the planned improvements and determined that the current park dedication fees would not be sufficient. It was recommended that the park dedication fees be adjusted to cover the anticipated cost of the park development on TCAAP. The City has since increased its residential per unit park dedication fee as part of the adopted 2018 fee schedule. Staff has been working with the City’s financial consultant and the City Attorney to update the commercial park dedication requirements and these revisions are included in the Planning Case 18-019 amendments. Findings of Fact Municipalities have broad discretion when reviewing and adopting subdivision regulations. The Subdivision Code is a tool used to implement the City’s comprehensive plan and it is important to understand the connection between the two documents when reviewing proposed amendments to the Subdivision Code. The Planning Commission offers the following findings of fact for consideration: 1. The proposed amendment advances the public facilities, services, and infrastructure goals in the 2030 Comprehensive Plan by ensuring subdivisions are developed to provide reliable and high-quality transportation, water, sanitary sewer, and stormwater systems. City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 3 of 3 2. The proposed amendment advances the land use goals in the 2030 Comprehensive Plan by ensuring a balanced mix of residential, park, open space, and commercial land uses are provided in the City. 3. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by supporting the development of a system of neighborhood parks and pathways that are safe and engaging. 4. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by supporting the protection of access to lakes, marshes, and wooded areas for active and passive recreation. 5. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by establishing financing and funding options to improve and expand the City’s parks and recreation system. Public Notice and Comments Notice on this planning case was published in the Arden Hills/Shoreview Bulletin onJuly25, 2018. The City has not received any public comments regarding this case. The Planning Commission held the required public hearing for the proposed City Code amendment on August 8, 2018. There were no public comments. Draft minutes from the Planning Commission meeting are included in Attachment D. Attachments A. Ordinance 2018-002 B. Summary Ordinance C. Chapter 11 – Subdivisions Code with Proposed Amendments D. Planning Commission Draft Meeting Minutes, August 8, 2018 1 184087 ORDINANCE NO. 2018-002 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 11 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1.Chapter 11 - Subdivisions, Section 1100 and Section 1130.08 shall be amended to read as follows: Section 1100 General Provisions 1100.04 Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. x Public Works Design Manual. A manual adopted by the City Council that details the requirements for public street and utility construction within the City. 1100.07 Arden Hills Public Works Design Manual. All platted subdivisions within the incorporated limits of the City shall be developed in conformance with the Arden Hills Public Works Design Manual, unless a waiver is granted by the City Council. The Public Works Design Manual may be amended from time to time by the City Council. In cases where there is a conflict between the Public Works Design Manual and this chapter, the Public Works Design Manual shall supersede. Section 1130.08 Public Use Dedications Subd. 3 Park, trails, and open space land dedication and development. This subsection is adopted for the purpose of providing for the recreation, health, and well-being of the public through the orderly development of an interconnected system of parks, trails, and open spaces. The City finds that the dedication and improvement requirements as defined in this subsection are necessary to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from development subject to Section 1130.08. At its discretion, the City may require subdividers or developers to satisfy the land dedication requirement or the park development fee requirement, or both. In evaluating the land dedication and park development requirements for a specific application, the City may consider whether in conjunction with a previous subdivision an adequate area of land was conveyed or dedicated to the City to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from the subject development proposal. B. Commercial and industrial dedication. Attachment A 2 184087 1. In commercial or industrial subdivisions where a land dedication is required, the following formula shall be used to determine the parkland dedication: seven and a half (7.5) percent of the gross area of the subdivision. 2. A cash contribution in lieu of land dedication may be required at the discretion of the City. The cash contribution fee shall be seven and a half (7.5) percent of the fair market value of the unimproved land. C. Park development. In addition to the land dedication requirements as defined in this subsection, the City may require a park development fee for subdivisions subject to Section 1130.08 for the purpose of making certain improvements needed to develop parks, playgrounds, trails, and open spaces, including but not limited to finished grading, ground cover, landscaping, recreational facilities and equipment, paving, and utilities. The City may considera proportionate reduction in the required park development fee in cases where the subdivider or developer commits to making certain required park, trail, or open space improvements within the subdivision area as agreed upon in the development agreement. 2. Commercial and industrial park development fee. In commercial or industrial subdivisions where a park development fee is required, the fee shall be seven and a half (7.5) percent of the fair market value of the unimproved land. SECTION 2. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 27th day of August, 2018, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: _____________________________ Julie Hanson, City Clerk Published in the Shoreview-Arden Hills Bulletin on September 5, 201. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2018-002 On the 27 th day of August, 2018, the Arden Hills City Council adopted Ordinance No. 2018-002, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2018-002 be published. Ordinance 2018-002 amends Chapter 11 – Subdivisions of the Arden Hills City Code. The primary purpose of the amendment is the update the Subdivision Code requirements regarding compliance with the Public Works Design Manual, and to update the public use dedication requirements. A full copy of Ordinance 2018-002 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org. Published in the Shoreview-Arden Hills Bulletin on September 5, 201. $WWDFKPHQW% City of Arden Hills Chapter 11 - Subdivisions 11 - 1 Adopted August 12, 2002 Chapter 11 - Subdivisions Section 1100 - General Provisions 1100.01 Purpose and Interpretation. Each new subdivision becomes a permanent unit in the basic physical structure of the future community, a unit to which the future community will of necessity be forced to adhere. Piecemeal planning of such subdivisions without correlation to the City plan, will bring a disastrous disconnected patchwork of plats and poor circulation of traffic. in order that new subdivisions will contribute toward an attractiv e, orderly, stable and wholesome community environment, adequate municipal services and safe streets, all subdivisions platted within the incorporated limits of the City following the adoption of this code, shall in all respects, fully comply with the regulations set forth in this chapter. In their interpretation and application, the provisions of this chapter shall be the minimum requirements adopted for the protection of the public health, safety and general welfare. State law reference - Subdivision regulations, M.S.A. § 462.358 1100.02 Scope. Subd. 1 Except in the case of a resubdivision, this chapter shall not apply to any lot or lots forming a part of subdivision plats recorded in the office of the register of deeds or registrar of titles prior to March 27, 1967, nor is it intended by this chapter to impair or interfere with existing provisions of other laws or provisions of this code except those specifically repealed by, or in conflict with, this chapter, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the City is a party; provided however, that such private restrictions or restrictive covenants may impose stricter requirements than established by this chapter, but may not decrease the requirements imposed in this section. Subd. 2 In any case where the division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development does not come within the definition of subdivision as defined by this chapter, a description of such land division shall be filed with the city administrator who shall submit copies of such division of land to the city engineer and the Planning Commission. No building permit for such lots or parcels shall be issued until the description has been filed with the City. 1100.03 Building Permit. No building permit shall be issued for the construction of any building, structure or improvement on any land required to be subdivided by this chapter until all requirements of this chapter have been fully complied with. 1100.04 Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. y Arden Hills Public Works Design Manual. A manual adopted by the City Council that details the requirements for public street and utility construction within the City. y Butt Lot. A lot at the end of a block and located between two (2) corner lots. Attachment C City of Arden Hills Chapter 11 - Subdivisions 11 - 2 Adopted August 12, 2002 y City Plan. A comprehensive plan adopted by the City Council indicating the general locations recommended for the various functional classes of public works, places and structures, and for the general physical development of the City, and includes any unit or part of the plan separately adopted and any amendment to such plan or parts thereof. y Final Plat. The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the City Council for approval and which, if approved, will be submitted to the county register of deeds or registrar of titles. y Lot. A parcel of land in a subdivision, or plat of land, distinguished from other parcels by description as on a subdivision or record-of-survey map or by metes and bounds, for the purpose of sale or lease or separate use thereof. y Easement. A right granted by an owner of land for the specific use of the land by the public generally, or to a person or persons. y Minimum Subdivision Design Standards. The guides, principles and specifications for the preparation of subdivision plans indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan. y Owner. Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. y Pedestrian Way. A way, public or private, running across or located within a block for use by pedestrian traffic, whether designated as a “Pedestrian Way,” crosswalk or however otherwise designated. y Planning Commission. The person or persons designated by the City Council to advise it on planning matters. y Preliminary Plan. The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the City Council for its consideration. y Protective Covenants. Contracts entered into between private parties and constitute a restriction on the, use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values. y Setback Line, Building. A required open space on a lot, which space is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter and other City ordinances. y Streets. A public way for the conveyance of vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated. City of Arden Hills Chapter 11 - Subdivisions 11 - 3 Adopted August 12, 2002 ▶ Community Street. Refers to a street that provides access to the residences, institutions and businesses on that street, providing a route through the neighborhood or business district for residents of other neighborhoods ▶ Cul-de-sac. A street with only one outlet. ▶ Major Arterial. A divided highway with four or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desires. The “Major Arterial” carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part, of this class. ▶ Minor Arterial. A street system which interconnects with and augments the urban major arterial system and provides service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. ▶ Neighborhood Street. A street that provides access to residences of that street and provides a route through the neighborhood for residences on other streets. A large proportion of trips have neither an origin nor destination on that street. ▶ Residential Street. A street that primarily serves adjoining residences with little or no through traffic. Almost all trips have either an origin or a destination on that street. ▶ Street Width. The shortest distance between the lines delineating the right-of-way of a street. y Subdivider. Any person commencing proceedings to effect a subdivision of land hereunder for himself or herself or another. y Subdivision. The division of a parcel of land into two (2) or more lots or parcels, any of which resultant parcels is less than five (5) acres in area or is less than three hundred (300) feet in width. The term “Subdivision” includes resubdivision and, when appropriate to the context, shall apply to the process of subdividing or to the land subdivided. The acquisition of land by any means for purposes of erecting or installing utility lines, including underground gas lines, overhead power lines, transmitting towers, or similar utility sites, or easements shall be considered a subdivision when such utilities are designed to serve more than one lot. 1100.05 Zoning. The separate document known as the City of Arden Hills Zoning Ordinance, as adopted and from time to time amended by the City Council, as incorporated as Appendix B. 1100.06 Copies of Plats. Copies of all of such plats of subdivisions, after the same have been submitted and approved as provided in this chapter, shall be filed and kept by the city administrator among the records of the City. 1100.07 Arden Hills Public Works Design Manual. All platted subdivisions within the incorporated limits of the City shall be developed in conformance with the Arden Hills Public Works Design City of Arden Hills Chapter 11 - Subdivisions 11 - 4 Adopted August 12, 2002 Manual, unless a waiver is granted by the City Council. The Public Works Design Manual may be amended from time to time by the City Council. In cases where there is a conflict between the Public Works Design Manual and this chapter, the Public Works Design Manual shall supersede. City of Arden Hills Chapter 11 - Subdivisions 11 - 5 Adopted August 12, 2002 1130.08 Public Use Dedications. (Amended by Ordinance 2015-009 12/14/15) Subd. 1 Public Use Dedications Required. A. Pursuant to Minn. Stat. Section 462.358, Subd. 2b, except as otherwise provided in this section, the City requires all owners or developers, as a prerequisite to approval of a subdivision to convey to the City or dedicate to the public use a reasonable portion of any such proposal for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities, playgrounds, trails, wetlands, or open space, in such portions to be approved and acceptable to the City. B. As a condition of any conditional use permit or planned unit development under City Code Section 1355.06, the City may require as a term and condition of approval, the dedication of land or payment in lieu of dedication and park improvement fees if the project is determined to result in an increased demand for park land or park improvements. In establishing the amount required the City will take into consideration land and facilities provided by the developer and previous payments or dedications. Subd. 2 Suitability of dedicated land. As determined by the City, land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access, and location. Subd. 3 Park, trails, and open space land dedication and development. This subsection is adopted for the purpose of providing for the recreation, health, and well- being of the public through the orderly development of an interconnected system of parks, trails, and open spaces. The City finds that the dedication and improvement requirements as defined in this subsection are necessary to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from development subject to Section 1130.08. At its discretion, the City may require subdividers or developers to satisfy the land dedication requirement or the park development fee requirement, or both. In evaluating the land dedication and park development requirements for a specific application, the City may consider whether in conjunction with a previous subdivision an adequate area of land was conveyed or dedicated to the City to meet the minimum needs for parks, trails, wetlands, and open spaces resulting from the subject development proposal. A. Residential dedication. 1. In residential subdivisions where a land dedication is required, the following formula shall be used to determine the parkland dedication: City of Arden Hills Chapter 11 - Subdivisions 11 - 6 Adopted August 12, 2002 Category Units Per Acre Percentage Park Dedication/Acres of Development Low Density Residential Up to 2.5 10 percent Medium Density Residential More than 2.5 to 8.0 15 percent High Density Residential More than 8.0 20 percent 2. A cash contribution in lieu of land dedication may be required at the discretion of the City. The cash payment shall be determined based on the fair market of the land that would otherwise be dedicated to the City. B. Commercial and industrial dedication. 1. In commercial or industrial subdivisions where a land dedication is required, the following formula shall be used to determine the parkland dedication: seven and a half five (7.55) percent of the gross area of the subdivision. 2. A cash contribution in lieu of land dedication may be required at the discretion of the City. The cash contribution fee shall be five seven and a half (7.55) percent of the fair market value of the unimproved land. C. Park development. In addition to the land dedication requirements as defined in this subsection, the City may require a park development fee for subdivisions subject to Section 1130.08 for the purpose of making certain improvements needed to develop parks, playgrounds, trails, and open spaces, including but not limited to finished grading, ground cover, landscaping, recreational facilities and equipment, paving, and utilities. The City may consider a proportionate reduction in the required park development fee in cases where the subdivider or developer commits to making certain required park, trail, or open space improvements within the subdivision area as agreed upon in the development agreement. 1. Residential park development fee. In residential subdivisions where a park development fee is required, the City shall apply the fee on a per unit basis. The park development fee shall be established by ordinance on a regular basis. 2. Commercial and industrial park development fee. In commercial or industrial subdivisions where a park development fee is required, the fee shall be five seven and a half (7.55) percent of the fair market value of the unimproved land. D. Trail connections. In cases where a subdivision borders a trail identified in the City’s comprehensive plan, the subdivider or developer shall be City of Arden Hills Chapter 11 - Subdivisions 11 - 7 Adopted August 12, 2002 responsible for constructing trail improvements that provide connections from the subdivision area to this trail. The location and specifications of the trail connections shall be determined by the City Engineer and Community Development Director. E. Contribution combination. The City may, at its discretion, require the subdivider or developer to make a combination of cash and land dedication for parkland. Where a combination of land and cash dedication is made, the land dedicated will be deducted from the total park dedication land requirement, and the balance of required dedication acreage will be converted into a cash contribution in lieu of land dedication pursuant to the fair market value of the property in the subdivision. F. Miscellaneous requirements. The following requirements apply to all dedications or conveyances for park, playground, trails, or public open space purposes: 1. City staff recommendation. In each case City staff shall recommend to the City Council the total area and location of such land that should be conveyed or dedicated within the development for park, trails, or open space purposes, or whether a cash contribution in lieu of land dedication should be required. Such recommendation may take into consideration items such as the zoning classification of the land to be developed, the particular use proposed for such land, amenities to be provided and factors of density and site development as proposed by the developer. 2. Acquisition of sites proposed on official map or comprehensive plan. Where a proposed park, playground, trail, open space or other recreational area that has been indicated on the official map or comprehensive plan is located in whole or in part within a proposed subdivision, such proposed site shall be designated as such on the plat and be dedicated to the City. If the subdivider chooses not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may consider acquiring the site through purchase or condemnation. 3. Calculating density. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Code and shall be in addition to and not in lieu of private open space requirements prescribed in the Zoning Code. 4. Park dedication and development fund. Cash contributions shall be deposited in a designated park dedication and development fund and shall only be used for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space. 5. Fair Market Value. Fair market value shall be determined as of the time of filing the Final Plat in accordance with the following: City of Arden Hills Chapter 11 - Subdivisions 11 - 8 Adopted August 12, 2002 (i) The City and developer may agree as to the fair market value; or (ii) The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider’s expense. The appraisal shall be made by an appraiser who is an approved member of the SREA or MAI, or equivalent real estate appraisal societies. (iii) If the City disputes such appraisal, the City may, at the subdivider’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. 6. Property being subdivided without an increase in the number of lots shall be exempt from park dedication requirements if similar requirements were satisfied in conjunction with an earlier subdivision. If the number of lots is increased, then the dedication shall be based on the additional lots created. 7. Any land required to be dedicated for park, trails, or open space purposes as defined in this section shall be conveyed to the City prior to the City’s release of the Final Plat for filing. 8. Cash contributions for land dedication or park improvements are to be calculated at the time of the Final Plat approval. The City may require the payment at the time of the Final Plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the City. Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, AUGUST 8, 2018 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Steven Jones called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Steven Jones, Commissioners Paul Vijums, James Lambeth and Clayton Zimmerman. Absent: Commissioner Brent Bartel, Matt Dixon, Nick Gehrig, Angela Hames and Phillip Neururer. Also present were: City Planner Matthew Bachler, Jane Kansier – Bolton & Menk, and Councilmember Steve Scott. APPROVAL OF AGENDA – AUGUST 8, 2018 Chair Jones stated the agenda will stand as published. City Planner Bachler reported his last day with the City of Arden Hills would be Thursday, August 9th. He explained he would be moving to New Hampshire to take a new position and to be close to his family. He indicated Bolton & Menk would be providing the City with interim planning services. Jane Kansier, Bolton & Menk, introduced herself to the Commission and stated she looked forward to working with the City over the next several months. The Commission welcomed Ms. Kansier to the City and wished City Planner Bachler all the best in his new position. APPROVAL OF MINUTES June 6, 2018 – Planning Commission Regular Meeting Commissioner Lambeth moved, seconded by Commissioner Gehrig, to approve the June 6, 2018, Planning Commission Regular Meeting as presented. The motion carried unanimously (4-0). Attachment D ARDEN HILLS PLANNING COMMISSION – August 8, 2018 2 PLANNING CASES A. Planning Case 18-020; 3385,3401, 3411 Snelling Avenue North – Minor Subdivision – Public Hearing City Planner Bachler stated a Minor Subdivision is being requested for a lot consolidation for the properties located at 3385, 3401, and 3411 Snelling Avenue. The lot consolidation would result in the three properties being reconfigured into two lots. The applicant is the current owner of 3385 and 3401 Snelling Avenue. The applicant’s parents are the owners of 3411 Snelling Avenue and they are in the process of transferring this property to the applicant. The property transfer would need to occur before the Minor Subdivision can be recorded with Ramsey County. City Planner Bachler explained the property at 3385 Snelling Avenue has an existing single- family residential dwelling. The northern lot line of this property would be shifted 50 feet to the north (Parcel 1). The applicant currently resides at 3385 Snelling Avenue and they have a purchase agreement in place to sell the property based on the current proposal. City Planner Bachler reported the properties at 3401 and 3411 Snelling Avenue are located immediately to the north of 3385 Snelling Avenue and are currently vacant. It appears that the two lots could technically be developed based on their dimensions and setback requirements, but there is significant topography change in the area that would make the development of two dwellings challenging. City Planner Bachler commented the applicant is planning on constructing a new single-family residential dwelling on the proposed second lot, which would be comprised of 3411 Snelling Avenue and a portion of 3401 Snelling Avenue (Parcel 2). The submitted survey shows a preliminary footprint for the new dwelling on the lot and access driveway. The plan does not include a final grading plan to accommodate the new dwelling, and this would be required as part of the Building Permit application process. The grading plan will likely require changes to Parcel 1 as well. City Planner Bachler noted the three subject properties all have frontage on the east side of Lake Johanna. The property at 3385 Snelling Avenue has approximately 40 feet of public street frontage. The two properties to the north do not have frontage on a public street, but are granted access by an existing access easement that covers the majority of 3385 Snelling Avenue between the dwelling and Snelling Avenue. This access easement also provides access to the adjacent property to the south, 3377 Snelling Avenue. The proposed Minor Subdivision would not modify the existing easement and the proposed dwelling on Parcel 2 would be accessed using this easement. Site Data Land Use Plan: 3385 Snelling Avenue: LDR – Low Density Residential 3401 Snelling Avenue: LDR – Low Density Residential 3411 Snelling Avenue: LDR – Low Density Residential Existing Land Use: 3385 Snelling Avenue: Single-Family Dwelling 3401 Snelling Avenue: Single-Family Dwelling 3411 Snelling Avenue: Single-Family Dwelling Zoning: 3385 Snelling Avenue: R-1 – Single-Family Residential ARDEN HILLS PLANNING COMMISSION – August 8, 2018 3 3401 Snelling Avenue: R-1 – Single-Family Residential 3411 Snelling Avenue: R-1 – Single-Family Residential Current Lot Sizes: 3385 Snelling Avenue: 39,596 square feet 3401 Snelling Avenue: 18,700 square feet 3411 Snelling Avenue: 22,699 square feet Topography: There is significant topography variation across the three properties. The highest point on the site is approximately 916 feet on 3401 Snelling Avenue. The site slopes down to the east to an elevation of approximately 906 feet along Snelling Avenue, and slopes down to the west to an elevation of approximately 880 feet along Lake Johanna. City Planner Bachler reviewed the surrounding area and the Plan Evaluation. Staff offered the following Findings of Fact for review: 1. The properties at 3385, 3401, and 3411 Snelling Avenue North are located in the R-1 – Single-Family Residential Zoning District. 2. The Arden Hills 2030 Comprehensive Plan designates the properties at 3385, 3401, and 3411 Snelling Avenue North as LDR – Low Density Residential. 3. The properties at 3401 and 3411 Snelling Avenue North are landlocked parcels without frontage on a public street. The properties are able to be accessed across an access easement located on 3385 Snelling Avenue North. 4. The current configuration of the lots was approved through a Minor Subdivision process in Planning Case #81-037. 5. The applicant has submitted an application for a Minor Subdivision for a lot consolidation that would result in the three subject properties being reconfigured for two residential lots. 6. The property at 3385 Snelling Avenue North has an existing single-family residential dwelling that is proposed to remain. 7. The applicants have stated that they intend to develop the proposed Parcel 2 for a new single-family residential dwelling. 8. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. City Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Jones opened the floor to Commissioner comments. Commissioner Lambeth asked if the 3401 address would cease to exist. City Planner Bachler indicated the 3385 address would be retained and the City’s building official would need to determine the appropriate address for the new lot. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 4 Commissioner Vijums asked who would be in charge of the easement going forward. City Planner Bachler explained there was a shared access easement between the two properties but noted the easement was located entirely on the 3385 property. He stated the property owner at 3385 would retain ownership of the land within the easement. Chair Jones opened the public hearing at 6:47 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. There being no comment Chair Jones closed the public hearing at 6:48 p.m. Chair Jones stated he supported the proposed request. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-020 for a Minor Subdivision at 3385, 3401 and 3411 Snelling Avenue North based on the findings of fact and the submitted plans, as amended by the six (6) conditions in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). B. Planning Case 18-018; 3243 New Brighton Road - Rezoning – Public Hearing City Planner Bachler stated the City has initiated a rezoning of the property located at 3243 New Brighton Road. The property is owned by Trinity Lutheran Lake Johanna and is now used as a House of Worship. The current zoning of the property is R-2 – Single & Two Family Residential District. The City has proposed rezoning the property to R-1 – Single Family Residential District. The subject property is approximately 2.9 acres in size and is located north of County Road D, east of Cleveland Avenue, south of Beckman Avenue, and west of Lake Johanna. City Planner Bachler explained a House of Worship is allowed as a conditional use in both the R-1 and R-2 District and the zoning change would not affect the continued use of the property as a House of Worship by Trinity Lutheran. At this time, there are no proposed changes to the current use on the property. If the property were to be redeveloped in the future, it would be required to be developed under the R-1 District requirements. City Planner Bachler reported the Trinity Lutheran property is bordered on the north and the west by Hazelnut Park. The City and the church currently have a joint use agreement that allows the City and the public to use the church parking lot in conjunction with their use of Hazelnut Park. The proposed rezoning would not impact the joint use agreement. The properties to the east and south are predominantly single-family detached residential and are zoned R-2 District. While the residential properties in the surrounding area are zoned R-2, many of the properties, and in particular those on the eastern side of New Brighton Road, have lot areas more consistent with the minimum requirements for the R-1 District. Site Data Land Use Plan: Public and Institutional Existing Land Use: Institutional Zoning: R-2 – Single & Two Family Residential ARDEN HILLS PLANNING COMMISSION – August 8, 2018 5 Current Lot Sizes: 2.93 acres Topography: Relatively flat City Planner Bachler reviewed the surrounding area, the Zoning Code Review and provided the following Findings of Fact for review: 1. The property located at 3243 New Brighton Road is located in the R-2 – Single and Two Family Residential District and is guided for Public and Institutional use in the 2030 Comprehensive Plan. 2. The subject property is owned by Trinity Lutheran Lake Johanna and is currently used as a House of Worship. 3. A House of Worship is an allowed conditional use in the R-2 District. 4. The City has initiated a rezoning of the subject property to R-1 – Single Family Residential District. 5. A House of Worship is an allowed conditional use in the R-1 District and the subject property would continue to be used as a House of Worship by Trinity Lutheran Lake Johanna. 6. The current use of the subject property as a House of Worship is consistent with the purposes of the R-1 District. 7. The subject property would be in conformance with the minimum lot area and dimension requirements for the R-1 District. 8. The proposed rezoning does not include any change to the existing structures or lot coverage on the subject property. 9. The proposed rezoning is consistent with the 2030 Comprehensive Plan because religious uses are allowed by Conditional Use Permit in the R-1 District. 10. The properties in the immediate surrounding area are zoned Parks and Open Space District and R-2 District. 11. The proposed rezoning is not expected to adversely affect the surrounding area of the community as a whole. City Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Jones opened the floor to Commissioner comments. Commissioner Vijums asked why the City initiated this rezoning. City Planner Bachler explained staff received direction from the City Council regarding this rezoning. He noted the property in the surrounding area was consistent with the R-1 zoning district and therefore staff was taking a proactive or preemptive step to rezone the property. Commissioner Lambeth questioned if the rezoning was consistent with the City’s Comprehensive Plan. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 6 City Planner Bachler reported the proposed change was consistent with the City’s Comprehensive Plan. He noted the primary reason for the rezoning was to prepare the property, should the church elect to sell the parcel at some point in the future. Chair Jones asked if the City would still have access to the church parking lot for the adjacent park. City Planner Bachler commented the adjacent property was Hazelnut Park. He explained the City had a joint use agreement in place between the City and the church for use of the parking lot. He reported this joint use agreement has been in place since 2011. Chair Jones opened the public hearing at 7:06 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. Ida Nan Adair, 3332 New Brighton Road, stated she has lived in Arden Hills since before the City was Arden Hills. She asked why the property was being rezoned. She was of the opinion the rezoning was not necessary. Councilmember Scott explained the Council would like to have the parcel rezoned as a defensive move and to protect the current character of the neighborhood. Virginia Anderson, 1896 Gerald Avenue, stated she supported the zoning change. Karen Cloutier, 1890 Gerald Avenue, explained she also supported the zoning change and applauded the City for their efforts. There being no additional comment Chair Jones closed the public hearing at 7:10 p.m. City Planner Bachler reviewed several emails City staff had received from the public offering their support for the rezoning request. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-018 for a Rezoning 3243 New Brighton Road to R-1 – Single Family Residential District based on the findings of fact and the submitted plans in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). C. Planning Case 18-019; City Code Amendment – Chapter 11 - Subdivisions – Public Hearing City Planner Bachler stated the City has initiated proposed amendments to Chapter 11 – Subdivisions of the City Code. The amendments would address the following: 1. Reference the Arden Hills Public Works Design Manual and require that subdivisions meet the standards included in the manual. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 7 2. Amend Section 1130.08, Subd. 3 pertaining to public use dedication requirements for commercial and industrial properties. City Planner Bachler explained the City is currently working with Kimley-Horn on a Public Works Design Manual that will detail requirements for street and utility construction within the City. Staff anticipates the manual will be completed in fall 2018. Staff is recommending an amendment to Section 1100 – General Provisions of the Subdivision Code that would require developers to complete street and utility improvements for subdivisions in accordance with the Public Works Design Manual. Going forward, the City will be able to update the Public Works Design Manual as needed without having to amend the Subdivision Code each time construction standards change. City Planner Bachler reported State law authorizes cities to require as part of a subdivision approval that a reasonable portion of land be dedicated to the public for parks, recreational facilities, trails, or open space. The public use dedication requirements are found in Chapter 11 – Subdivisions, Section 1130.08 of the City Code. City Planner Bachler indicated the City last updated its public uses dedication requirements in 2015 to ensure that sufficient land and funds will be available for park development on the former Twin Cities Army Ammunition Plant (TCAAP) site. In December 2016, the City Council entered into a Memorandum of Understanding (MOU) with the TCAAP Master Developer that formalizes the agreed upon improvements for the three public parks in the Creek, Hill, and Town neighborhoods on TCAAP. Staff and the Master Developer evaluated the anticipated cost of the planned improvements and determined that the current park dedication fees would not be sufficient. It was recommended that the park dedication fees be adjusted to cover the anticipated cost of the park development on TCAAP. City Planner Bachler stated the City has since increased its residential per unit park dedication fee as part of the adopted 2018 fee schedule. Staff has been working with the City’s financial consultant and the City Attorney to update the commercial park dedication requirements, and these revisions are included in the Planning Case 18-019 amendments. City Planner Bachler provided the Findings of Fact for review: 1. The proposed amendment advances the public facilities, services, and infrastructure goals in the 2030 Comprehensive Plan by ensuring subdivisions are developed to provide reliable and high-quality transportation, water, sanitary sewer, and stormwater systems. 2. The proposed amendment advances the land use goals in the 2030 Comprehensive Plan by ensuring a balanced mix of residential, park, open space, and commercial land uses are provided in the City. 3. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by supporting the development of a system of neighborhood parks and pathways that are safe and engaging. 4. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by supporting the protection of access to lakes, marshes, and wooded areas for active and passive recreation. 5. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by establishing financing and funding options to improve and expand the City’s parks and recreation system. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 8 City Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval as Submitted 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Jones opened the floor to Commissioner comments. Commissioner Lambeth commented on the park dedication fee schedule and asked if it was sufficient to support TCAAP. City Planner Bachler reported amendments to the park dedication fee schedule were necessary in order to properly support the three public parks being constructed in the TCAAP development. He provided further comment on the proposed changes that were being recommended to the park dedication fee schedule. Chair Jones opened the public hearing at 7:19 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. There being no comment Chair Jones closed the public hearing at 7:20 p.m. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-019 for the proposed amendments to Chapter 11 – Subdivisions of the City Code, based on the findings of fact and the submitted plans in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Scott updated the Planning Commission on City Council activities from the June 11, 2018 City Council Regular Meeting stating the City Council voted to approve (5-0) Planning Case 18-011 for a Minor Subdivision for a lot line adjustment that would transfer a 3,000 square foot parcel of land from the property at 1415 County Road E to 1377 Arden Oaks Drive. The Planning Commission review this case at their meeting on June 6, 2018, and recommended approval to the City Council. Councilmember Scott updated the Planning Commission on City Council activities from the June 18, 2018 City Council Work Session stating the City Council considered a Concept Plan ARDEN HILLS PLANNING COMMISSION – August 8, 2018 9 Review from Public Storage for a proposed self-storage facility at 1155 and 1143 Red Fox Road. The proposal would require a Master Planned Unit Development, and a Zoning Code Amendment to create a new land use category for self-storage facility and to allow the use by Conditional Use Permit. The City Council expressed concerns about the compatibility of this type of business with the purpose of the B-3 Zoning District. In addition, the City Council reviewed the existing building and parking setback requirements for properties in the B-2 Zoning District. The City Council was supportive of staff making recommendations that would allow for more flexibility in the placement of buildings and parking. This item will be reviewed by the Planning Commission at a future meeting. Councilmember Scott thanked all of the residents that participated in Night to Unite and noted the City had 24 neighborhood events registered with the City. Councilmember Scott noted the City Council would have three Council seats up for election in November. He explained the Mayor had filed for reelection along with the two City Councilmembers and another member of the community. He reported there was still time for residents to file for these positions. He indicated additional information was available at City Hall. B. Planning Commission Comments and Requests Chair Jones wished City Planner Bachler all the best in the future. C. Staff Comments None. ADJOURN Commissioner Zimmerman moved, seconded by Commissioner Lambeth, to adjourn the August 8, 2018, Planning Commission Meeting at 7:28 p.m. The motion carried unanimously (4-0). City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 1 of 4 CONSENT ITEM – 7C MEMORANDUM DATE:August 27, 2018 TO:Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM:Jane Kansier, Planning Consultant SUBJECT: Planning Case #18-020 Applicant: Sara Mohn and Bill Schultz Property Location: 3385, 3401, and 3411 Snelling Avenue North Request: Minor Subdivision for Lot Consolidation Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider 1. Approve with Conditions: Motion to approve Planning Case 18-020 for a Minor Subdivision for a lot consolidation for the properties at 3385, 3401, and 3411 Snelling Avenue North, based on the findings of fact and the submitted plans, with the following six (6) conditions, as presented in the August 27, 2018 Report to the City Council. a. The applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within 180 days of the City’s approval. b. Monument stakes shall be installed to demarcate the new property lines for Parcel 1 and Parcel 2. c. A Grading and Erosion Control Plan shall be submitted to the Public Works Director/City Engineer for review and approval prior to the issuance of a Building Permit. d. A Building Permit shall be required for the development of Parcel 2. e. The property owner shall be required to submit a Tree Preservation Plan as part of the Building Permit application for the development of Parcel 2. f. The extension of City services for Parcel 2 shall subject to approval by the City Engineer and all associated costs shall be the responsibility of the property owner. City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 2 of 4 2. Approve: Motion to approve Planning Case 18-020 for a Minor Subdivision for a lot consolidation for the properties at 3385, 3401, and 3411 Snelling Avenue North, based on the findings of fact and the submitted plans, as presented in the August 27, 2018 Report to the City Council. 3. Deny: Motion to deny Planning Case 18-020 for a Minor Subdivision for a lot consolidation for the properties at 3385, 3401, and 3411 Snelling Avenue North, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. x Table: Motion to table Planning Case 18-020 for a Minor Subdivision for a lot consolidation for the properties at 3385, 3401, and 3411 Snelling Avenue North: a specific reason and information request should be included with a motion to table. Background A Minor Subdivision is being requested for a lot consolidation for the properties located at 3385, 3401, and 3411 Snelling Avenue. The lot consolidation would result in the three properties being reconfigured into two lots. The applicant is the current owner of 3385 and 3401 Snelling Avenue. The applicant’s parents are the owners of 3411 Snelling Avenue and they are in the process of transferring this property to the applicant (Attachment A). The property transfer would need to occur before the Minor Subdivision can be recorded with Ramsey County. The property at 3385 Snelling Avenue has an existing single-family residential dwelling. The northern lot line of this property would be shifted 50 feet to the north (Parcel 1). The applicant currently resides at 3385 Snelling Avenue and they have a purchase agreement in place to sell the property based on the current proposal. The properties at 3401 and 3411 Snelling Avenue are located immediately to the north of 3385 Snelling Avenue and are currently vacant. It appears that the two lots could technically be developed based on their dimensions and setback requirements, but there is significant topography change in the area that would make the development of two dwellings challenging. The applicant is planning on constructing a new single-family residential dwelling on the proposed second lot, which would be comprised of 3411 Snelling Avenue and a portion of 3401 Snelling Avenue (Parcel 2). The submitted survey shows a preliminary footprint for the new dwelling on the lot and access driveway. The plan does not include a final grading plan to accommodate the new dwelling, and this would be required as part of the Building Permit application process. The grading plan will likely require changes to Parcel 1 as well. The three subject properties all have frontage on the east side of Lake Johanna. The property at 3385 Snelling Avenue has approximately 40 feet of public street frontage. The two properties to the north do not have frontage on a public street, but are granted access by an existing access City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 3 of 4 easement that covers the majority of 3385 Snelling Avenue between the dwelling and Snelling Avenue. This access easement also provides access to the adjacent property to the south, 3377 Snelling Avenue. The proposed Minor Subdivision would not modify the existing easement and the proposed dwelling on Parcel 2 would be accessed using this easement. Findings of Fact The City Council must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: 1. The properties at 3385, 3401, and 3411 Snelling Avenue North are located in the R-1 – Single-Family Residential Zoning District. 2. The Arden Hills 2030 Comprehensive Plan designates the properties at 3385, 3401, and 3411 Snelling Avenue North as LDR – Low Density Residential. 3. The properties at 3401 and 3411 Snelling Avenue North are landlocked parcels without frontage on a public street. The properties are able to be accessed across an access easement located on 3385 Snelling Avenue North. 4. The current configuration of the lots was approved through a Minor Subdivision process in Planning Case #81-037. 5. The applicant has submitted an application for a Minor Subdivision for a lot consolidation that would result in the three subject properties being reconfigured for two residential lots. 6. The property at 3385 Snelling Avenue North has an existing single-family residential dwelling that is proposed to remain. 7. The applicants have stated that they intend to develop the proposed Parcel 2 for a new single-family residential dwelling. 8. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Public Notice and Comments A public hearing notice was mailed to all properties within 500 feet of the subject property and published in the Shoreview-Arden Hills Bulletin on July 25, 2018. The Planning Commission held the required public hearing on August 8, 2018. There were no public comments. Draft minutes from the Planning Commission meeting are included in Attachment E. Public Comments Staff received an email from the resident at 3377 Snelling Avenue North expressing their support for the proposal. A copy of the correspondence is included in Attachment D. City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 4 of 4 Attachments A. Land Use Application B. Site and Aerial Map C. Survey for Minor Subdivision D. Public Comments E. Planning Commission Draft Meeting Minutes, August 8, 2018 Attachment A 3385, 3401, 3411 Snelling Avenue N Legend Municipal Boundary City Mask July 2, 2018 Map Powered by DataLink from WSB & Associates 1 in = 376 ft ± Attachment B 3385, 3401, 3411 Snelling Avenue NLegendMunicipal BoundaryCity MaskJuly 2, 2018 Map Powered by DataLink from WSB & Associates1 in = 94 ft± Job No. Drawing: By:Web:Boundary Split ExhibitMohn/Shultz PropertyNORTH060LEGAL DESCRIPTIONI hereby certify that this survey, plan, or report was prepared by me orunder my direct supervision and that I am a duly Licensed Land Surveyorunder the laws of the state of Minnesota.Signature shown is a digital reproduction of original. Wet signed copy ofthis plan on file at Landform Professional Services, LLC office and isavailable upon request.Lynn P. CaswellLicense No:Date:7/26/2018 Attachment C From:Gregg Larson To:Matthew Bachler Cc:Sara Mohn & Bill Schultz;Rob Carlson;Gregg Larson Subject:PLANNING CASE #18-020 Date:Monday, July 30, 2018 7:38:14 AM Dear Mr. Bachler, We live on the adjacent property, immediately to the south of the lot consolidation properties, at 3377 North Snelling Avenue. We support the minor subdivision proposed by the applicants, and we have no objection to the consolidation of the three existing properties into two lots. Thanks. Gregg Larson -- Gregg Larson 3377 North Snelling Avenue Arden Hills, MN 55112 Cell: 651-895-2064 Email:larso279@umn.edu Attachment D Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, AUGUST 8, 2018 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Steven Jones called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Steven Jones, Commissioners Paul Vijums, James Lambeth and Clayton Zimmerman. Absent: Commissioner Brent Bartel, Matt Dixon, Nick Gehrig, Angela Hames and Phillip Neururer. Also present were: City Planner Matthew Bachler, Jane Kansier – Bolton & Menk, and Councilmember Steve Scott. APPROVAL OF AGENDA – AUGUST 8, 2018 Chair Jones stated the agenda will stand as published. City Planner Bachler reported his last day with the City of Arden Hills would be Thursday, August 9th. He explained he would be moving to New Hampshire to take a new position and to be close to his family. He indicated Bolton & Menk would be providing the City with interim planning services. Jane Kansier, Bolton & Menk, introduced herself to the Commission and stated she looked forward to working with the City over the next several months. The Commission welcomed Ms. Kansier to the City and wished City Planner Bachler all the best in his new position. APPROVAL OF MINUTES June 6, 2018 – Planning Commission Regular Meeting Commissioner Lambeth moved, seconded by Commissioner Gehrig, to approve the June 6, 2018, Planning Commission Regular Meeting as presented. The motion carried unanimously (4-0). $WWDFKPHQW( ARDEN HILLS PLANNING COMMISSION – August 8, 2018 2 PLANNING CASES A. Planning Case 18-020; 3385,3401, 3411 Snelling Avenue North – Minor Subdivision – Public Hearing City Planner Bachler stated a Minor Subdivision is being requested for a lot consolidation for the properties located at 3385, 3401, and 3411 Snelling Avenue. The lot consolidation would result in the three properties being reconfigured into two lots. The applicant is the current owner of 3385 and 3401 Snelling Avenue. The applicant’s parents are the owners of 3411 Snelling Avenue and they are in the process of transferring this property to the applicant. The property transfer would need to occur before the Minor Subdivision can be recorded with Ramsey County. City Planner Bachler explained the property at 3385 Snelling Avenue has an existing single- family residential dwelling. The northern lot line of this property would be shifted 50 feet to the north (Parcel 1). The applicant currently resides at 3385 Snelling Avenue and they have a purchase agreement in place to sell the property based on the current proposal. City Planner Bachler reported the properties at 3401 and 3411 Snelling Avenue are located immediately to the north of 3385 Snelling Avenue and are currently vacant. It appears that the two lots could technically be developed based on their dimensions and setback requirements, but there is significant topography change in the area that would make the development of two dwellings challenging. City Planner Bachler commented the applicant is planning on constructing a new single-family residential dwelling on the proposed second lot, which would be comprised of 3411 Snelling Avenue and a portion of 3401 Snelling Avenue (Parcel 2). The submitted survey shows a preliminary footprint for the new dwelling on the lot and access driveway. The plan does not include a final grading plan to accommodate the new dwelling, and this would be required as part of the Building Permit application process. The grading plan will likely require changes to Parcel 1 as well. City Planner Bachler noted the three subject properties all have frontage on the east side of Lake Johanna. The property at 3385 Snelling Avenue has approximately 40 feet of public street frontage. The two properties to the north do not have frontage on a public street, but are granted access by an existing access easement that covers the majority of 3385 Snelling Avenue between the dwelling and Snelling Avenue. This access easement also provides access to the adjacent property to the south, 3377 Snelling Avenue. The proposed Minor Subdivision would not modify the existing easement and the proposed dwelling on Parcel 2 would be accessed using this easement. Site Data Land Use Plan: 3385 Snelling Avenue: LDR – Low Density Residential 3401 Snelling Avenue: LDR – Low Density Residential 3411 Snelling Avenue: LDR – Low Density Residential Existing Land Use: 3385 Snelling Avenue: Single-Family Dwelling 3401 Snelling Avenue: Single-Family Dwelling 3411 Snelling Avenue: Single-Family Dwelling ARDEN HILLS PLANNING COMMISSION – August 8, 2018 3 Zoning: 3385 Snelling Avenue: R-1 – Single-Family Residential 3401 Snelling Avenue: R-1 – Single-Family Residential 3411 Snelling Avenue: R-1 – Single-Family Residential Current Lot Sizes: 3385 Snelling Avenue: 39,596 square feet 3401 Snelling Avenue: 18,700 square feet 3411 Snelling Avenue: 22,699 square feet Topography: There is significant topography variation across the three properties. The highest point on the site is approximately 916 feet on 3401 Snelling Avenue. The site slopes down to the east to an elevation of approximately 906 feet along Snelling Avenue, and slopes down to the west to an elevation of approximately 880 feet along Lake Johanna. City Planner Bachler reviewed the surrounding area and the Plan Evaluation. Staff offered the following Findings of Fact for review: 1. The properties at 3385, 3401, and 3411 Snelling Avenue North are located in the R-1 – Single-Family Residential Zoning District. 2. The Arden Hills 2030 Comprehensive Plan designates the properties at 3385, 3401, and 3411 Snelling Avenue North as LDR – Low Density Residential. 3. The properties at 3401 and 3411 Snelling Avenue North are landlocked parcels without frontage on a public street. The properties are able to be accessed across an access easement located on 3385 Snelling Avenue North. 4. The current configuration of the lots was approved through a Minor Subdivision process in Planning Case #81-037. 5. The applicant has submitted an application for a Minor Subdivision for a lot consolidation that would result in the three subject properties being reconfigured for two residential lots. 6. The property at 3385 Snelling Avenue North has an existing single-family residential dwelling that is proposed to remain. 7. The applicants have stated that they intend to develop the proposed Parcel 2 for a new single-family residential dwelling. 8. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. City Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Jones opened the floor to Commissioner comments. Commissioner Lambeth asked if the 3401 address would cease to exist. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 4 City Planner Bachler indicated the 3385 address would be retained and the City’s building official would need to determine the appropriate address for the new lot. Commissioner Vijums asked who would be in charge of the easement going forward. City Planner Bachler explained there was a shared access easement between the two properties but noted the easement was located entirely on the 3385 property. He stated the property owner at 3385 would retain ownership of the land within the easement. Chair Jones opened the public hearing at 6:47 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. There being no comment Chair Jones closed the public hearing at 6:48 p.m. Chair Jones stated he supported the proposed request. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-020 for a Minor Subdivision at 3385, 3401 and 3411 Snelling Avenue North based on the findings of fact and the submitted plans, as amended by the six (6) conditions in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). B. Planning Case 18-018; 3243 New Brighton Road - Rezoning – Public Hearing City Planner Bachler stated the City has initiated a rezoning of the property located at 3243 New Brighton Road. The property is owned by Trinity Lutheran Lake Johanna and is now used as a House of Worship. The current zoning of the property is R-2 – Single & Two Family Residential District. The City has proposed rezoning the property to R-1 – Single Family Residential District. The subject property is approximately 2.9 acres in size and is located north of County Road D, east of Cleveland Avenue, south of Beckman Avenue, and west of Lake Johanna. City Planner Bachler explained a House of Worship is allowed as a conditional use in both the R-1 and R-2 District and the zoning change would not affect the continued use of the property as a House of Worship by Trinity Lutheran. At this time, there are no proposed changes to the current use on the property. If the property were to be redeveloped in the future, it would be required to be developed under the R-1 District requirements. City Planner Bachler reported the Trinity Lutheran property is bordered on the north and the west by Hazelnut Park. The City and the church currently have a joint use agreement that allows the City and the public to use the church parking lot in conjunction with their use of Hazelnut Park. The proposed rezoning would not impact the joint use agreement. The properties to the east and south are predominantly single-family detached residential and are zoned R-2 District. While the residential properties in the surrounding area are zoned R-2, many of the properties, and in particular those on the eastern side of New Brighton Road, have lot areas more consistent with the minimum requirements for the R-1 District. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 5 Site Data Land Use Plan: Public and Institutional Existing Land Use: Institutional Zoning: R-2 – Single & Two Family Residential Current Lot Sizes: 2.93 acres Topography: Relatively flat City Planner Bachler reviewed the surrounding area, the Zoning Code Review and provided the following Findings of Fact for review: 1. The property located at 3243 New Brighton Road is located in the R-2 – Single and Two Family Residential District and is guided for Public and Institutional use in the 2030 Comprehensive Plan. 2. The subject property is owned by Trinity Lutheran Lake Johanna and is currently used as a House of Worship. 3. A House of Worship is an allowed conditional use in the R-2 District. 4. The City has initiated a rezoning of the subject property to R-1 – Single Family Residential District. 5. A House of Worship is an allowed conditional use in the R-1 District and the subject property would continue to be used as a House of Worship by Trinity Lutheran Lake Johanna. 6. The current use of the subject property as a House of Worship is consistent with the purposes of the R-1 District. 7. The subject property would be in conformance with the minimum lot area and dimension requirements for the R-1 District. 8. The proposed rezoning does not include any change to the existing structures or lot coverage on the subject property. 9. The proposed rezoning is consistent with the 2030 Comprehensive Plan because religious uses are allowed by Conditional Use Permit in the R-1 District. 10. The properties in the immediate surrounding area are zoned Parks and Open Space District and R-2 District. 11. The proposed rezoning is not expected to adversely affect the surrounding area of the community as a whole. City Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Jones opened the floor to Commissioner comments. Commissioner Vijums asked why the City initiated this rezoning. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 6 City Planner Bachler explained staff received direction from the City Council regarding this rezoning. He noted the property in the surrounding area was consistent with the R-1 zoning district and therefore staff was taking a proactive or preemptive step to rezone the property. Commissioner Lambeth questioned if the rezoning was consistent with the City’s Comprehensive Plan. City Planner Bachler reported the proposed change was consistent with the City’s Comprehensive Plan. He noted the primary reason for the rezoning was to prepare the property, should the church elect to sell the parcel at some point in the future. Chair Jones asked if the City would still have access to the church parking lot for the adjacent park. City Planner Bachler commented the adjacent property was Hazelnut Park. He explained the City had a joint use agreement in place between the City and the church for use of the parking lot. He reported this joint use agreement has been in place since 2011. Chair Jones opened the public hearing at 7:06 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. Ida Nan Adair, 3332 New Brighton Road, stated she has lived in Arden Hills since before the City was Arden Hills. She asked why the property was being rezoned. She was of the opinion the rezoning was not necessary. Councilmember Scott explained the Council would like to have the parcel rezoned as a defensive move and to protect the current character of the neighborhood. Virginia Anderson, 1896 Gerald Avenue, stated she supported the zoning change. Karen Cloutier, 1890 Gerald Avenue, explained she also supported the zoning change and applauded the City for their efforts. There being no additional comment Chair Jones closed the public hearing at 7:10 p.m. City Planner Bachler reviewed several emails City staff had received from the public offering their support for the rezoning request. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-018 for a Rezoning 3243 New Brighton Road to R-1 – Single Family Residential District based on the findings of fact and the submitted plans in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). ARDEN HILLS PLANNING COMMISSION – August 8, 2018 7 C. Planning Case 18-019; City Code Amendment – Chapter 11 - Subdivisions – Public Hearing City Planner Bachler stated the City has initiated proposed amendments to Chapter 11 – Subdivisions of the City Code. The amendments would address the following: 1. Reference the Arden Hills Public Works Design Manual and require that subdivisions meet the standards included in the manual. 2. Amend Section 1130.08, Subd. 3 pertaining to public use dedication requirements for commercial and industrial properties. City Planner Bachler explained the City is currently working with Kimley-Horn on a Public Works Design Manual that will detail requirements for street and utility construction within the City. Staff anticipates the manual will be completed in fall 2018. Staff is recommending an amendment to Section 1100 – General Provisions of the Subdivision Code that would require developers to complete street and utility improvements for subdivisions in accordance with the Public Works Design Manual. Going forward, the City will be able to update the Public Works Design Manual as needed without having to amend the Subdivision Code each time construction standards change. City Planner Bachler reported State law authorizes cities to require as part of a subdivision approval that a reasonable portion of land be dedicated to the public for parks, recreational facilities, trails, or open space. The public use dedication requirements are found in Chapter 11 – Subdivisions, Section 1130.08 of the City Code. City Planner Bachler indicated the City last updated its public uses dedication requirements in 2015 to ensure that sufficient land and funds will be available for park development on the former Twin Cities Army Ammunition Plant (TCAAP) site. In December 2016, the City Council entered into a Memorandum of Understanding (MOU) with the TCAAP Master Developer that formalizes the agreed upon improvements for the three public parks in the Creek, Hill, and Town neighborhoods on TCAAP. Staff and the Master Developer evaluated the anticipated cost of the planned improvements and determined that the current park dedication fees would not be sufficient. It was recommended that the park dedication fees be adjusted to cover the anticipated cost of the park development on TCAAP. City Planner Bachler stated the City has since increased its residential per unit park dedication fee as part of the adopted 2018 fee schedule. Staff has been working with the City’s financial consultant and the City Attorney to update the commercial park dedication requirements, and these revisions are included in the Planning Case 18-019 amendments. City Planner Bachler provided the Findings of Fact for review: 1. The proposed amendment advances the public facilities, services, and infrastructure goals in the 2030 Comprehensive Plan by ensuring subdivisions are developed to provide reliable and high-quality transportation, water, sanitary sewer, and stormwater systems. 2. The proposed amendment advances the land use goals in the 2030 Comprehensive Plan by ensuring a balanced mix of residential, park, open space, and commercial land uses are provided in the City. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 8 3. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by supporting the development of a system of neighborhood parks and pathways that are safe and engaging. 4. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by supporting the protection of access to lakes, marshes, and wooded areas for active and passive recreation. 5. The proposed amendment advances the parks and recreation goals in the 2030 Comprehensive Plan by establishing financing and funding options to improve and expand the City’s parks and recreation system. City Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval as Submitted 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Jones opened the floor to Commissioner comments. Commissioner Lambeth commented on the park dedication fee schedule and asked if it was sufficient to support TCAAP. City Planner Bachler reported amendments to the park dedication fee schedule were necessary in order to properly support the three public parks being constructed in the TCAAP development. He provided further comment on the proposed changes that were being recommended to the park dedication fee schedule. Chair Jones opened the public hearing at 7:19 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. There being no comment Chair Jones closed the public hearing at 7:20 p.m. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-019 for the proposed amendments to Chapter 11 – Subdivisions of the City Code, based on the findings of fact and the submitted plans in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). UNFINISHED AND NEW BUSINESS None. REPORTS ARDEN HILLS PLANNING COMMISSION – August 8, 2018 9 A. Report from the City Council Councilmember Scott updated the Planning Commission on City Council activities from the June 11, 2018 City Council Regular Meeting stating the City Council voted to approve (5-0) Planning Case 18-011 for a Minor Subdivision for a lot line adjustment that would transfer a 3,000 square foot parcel of land from the property at 1415 County Road E to 1377 Arden Oaks Drive. The Planning Commission review this case at their meeting on June 6, 2018, and recommended approval to the City Council. Councilmember Scott updated the Planning Commission on City Council activities from the June 18, 2018 City Council Work Session stating the City Council considered a Concept Plan Review from Public Storage for a proposed self-storage facility at 1155 and 1143 Red Fox Road. The proposal would require a Master Planned Unit Development, and a Zoning Code Amendment to create a new land use category for self-storage facility and to allow the use by Conditional Use Permit. The City Council expressed concerns about the compatibility of this type of business with the purpose of the B-3 Zoning District. In addition, the City Council reviewed the existing building and parking setback requirements for properties in the B-2 Zoning District. The City Council was supportive of staff making recommendations that would allow for more flexibility in the placement of buildings and parking. This item will be reviewed by the Planning Commission at a future meeting. Councilmember Scott thanked all of the residents that participated in Night to Unite and noted the City had 24 neighborhood events registered with the City. Councilmember Scott noted the City Council would have three Council seats up for election in November. He explained the Mayor had filed for reelection along with the two City Councilmembers and another member of the community. He reported there was still time for residents to file for these positions. He indicated additional information was available at City Hall. B. Planning Commission Comments and Requests Chair Jones wished City Planner Bachler all the best in the future. C. Staff Comments None. ADJOURN Commissioner Zimmerman moved, seconded by Commissioner Lambeth, to adjourn the August 8, 2018, Planning Commission Meeting at 7:28 p.m. The motion carried unanimously (4-0). City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 1 of 4 CONSENT – 7D MEMORANDUM DATE:August 27, 2018 TO:Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM:Jane Kansier, Planning Consultant SUBJECT: Planning Case #18-018 Applicant: City of Arden Hills Property Location: 3243 New Brighton Road Request: Rezoning Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following Options Proposed Rezoning 1. Approve: Motion to approve Ordinance 2018-003 in Planning Case 18-018 for a Rezoning of the property at 3243 New Brighton Road to R-1 – Single Family Residential District, based on the findings of fact, in the August 27, 2018 Report to the City Council. 2. Deny: Motion to deny Ordinance 2018-003 in Planning Case 18-018 for a Rezoning of the property at 3243 New Brighton Road to R-1 – Single Family Residential District, based on the following findings of fact:findings to deny should specifically reference the reasons for denial. 3. Table: Motion to table Ordinance 2018-003 in Planning Case 18-018 for a Rezoning of the property at 3243 New Brighton Road to R-1 – Single Family Residential District:a specific reason and/or information request should be included with a motion to table. Publication Summary 1. Approve: Motion to approve publishing a summary of Ordinance 2018-003 (4/5 vote required). City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 2 of 4 2. Deny: Motion to deny publishing a summary of Ordinance 2018-003. Background The City has initiated a rezoning of the property located at 3243 New Brighton Road. The property is owned by Trinity Lutheran Lake Johanna and is now used as a House of Worship. The current zoning of the property is R-2 – Single & Two Family Residential District. The City has proposed rezoning the property to R-1 – Single Family Residential District. The subject property is approximately 2.9 acres in size and is located north of County Road D, east of Cleveland Avenue, south of Beckman Avenue, and west of Lake Johanna. A House of Worship is allowed as a conditional use in both the R-1 and R-2 District and the zoning change would not affect the continued use of the property as a House of Worship by Trinity Lutheran. At this time, there are no proposed changes to the current use on the property. If the property were to be redeveloped in the future, it would be required to be developed under the R-1 District requirements. The Trinity Lutheran property is bordered on the north and the west by Hazelnut Park. The City and the church currently have a joint use agreement that allows the City and the public to use the church parking lot in conjunction with their use of Hazelnut Park. The proposed rezoning would not impact the joint use agreement. The properties to the east and south are predominantly single- family detached residential and are zoned R-2 District. While the residential properties in the surrounding area are zoned R-2, many of the properties, and in particular those on the eastern side of New Brighton Road, have lot areas more consistent with the minimum requirements for the R- 1 District. Planning Commission Review A full evaluation of the proposal was presented to the Planning Commission on August 8, 2018. The staff report to the Planning Commission on this case is provided in Attachment I. Draft minutes from the August 8, 2018 meeting are included in Attachment J. Arden Hills 2030 Comprehensive Plan The property at 3243 New Brighton Road is guided for Public and Institutional use in the 2030 Comprehensive Plan. This future land use classification is defined as, “areas designated for uses such as government buildings, colleges, schools, and religious uses, but not medical uses.” The current use of the property by Trinity Lutheran is consistent with the Comprehensive Plan. City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 3 of 4 The proposed rezoning of the property does not require an amendment to the Comprehensive Plan. The R-1 District zoning is consistent with the Public and Institutional future land use designation because the zoning district allows religious uses by Conditional Use Permit. Findings of Fact The Planning Commission reviewed Planning Case 18-018 at their meeting August 8, 2018 and offers the following findings of fact for consideration: 1. The property located at 3243 New Brighton Road is located in the R-2 – Single and Two Family Residential District and is guided for Public and Institutional use in the 2030 Comprehensive Plan. 2. The subject property is owned by Trinity Lutheran Lake Johanna and is currently used as a House of Worship. 3. A House of Worship is an allowed conditional use in the R-2 District. 4. The City has initiated a rezoning of the subject property to R-1 – Single Family Residential District. 5. A House of Worship is an allowed conditional use in the R-1 District and the subject property would continue to be used as a House of Worship by Trinity Lutheran Lake Johanna. 6. The current use of the subject property as a House of Worship is consistent with the purposes of the R-1 District. 7. The subject property would be in conformance with the minimum lot area and dimension requirements for the R-1 District. 8. The proposed rezoning does not include any change to the existing structures or lot coverage on the subject property. 9. The proposed rezoning is consistent with the 2030 Comprehensive Plan because religious uses are allowed by Conditional Use Permit in the R-1 District. 10. The properties in the immediate surrounding area are zoned Parks and Open Space District and R-2 District. 11. The proposed rezoning is not expected to adversely affect the surrounding area of the community as a whole. Public Notice and Comments Notice on this planning case was published in the Arden Hills/Shoreview Bulletin on July 25, 2018. A mailing regarding the proposed rezoning was mailed to property owners within 500 feet of the subject property. Staff received an email from a resident in the neighborhood expressing their support for the proposed rezoning. A copy of the correspondence is included in Attachment F. City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 4 of 4 A letter was sent to Trinity Lutheran Lake Johanna on June 21, 2018 notifying them of the proposed rezoning. Staff has not received any comments from the church. The Planning Commission held the required public hearing for the proposed rezoning at their meeting on August 8, 2018. The following comments were provided: two residents were in favor of the rezoning, while one resident did not feel it was necessary. Attachments A. Ordinance 2018-003 B. Publication Summary C. Location and Aerial Maps D. 3243 New Brighton Road Survey E. Existing and Proposed Zoning Classification F. Section 1320.05 – Land Use Chart G. Section 1320.06 – District Requirements Chart H. Public Comments I. Planning Commission Report, August 8, 2018 J. Planning Commission Draft Meeting Minutes, August 8, 2018 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2018-003 AN ORDINANCE AMENDING SECTION 1315.01, THE OFFICIAL ZONING MAP OF ARDEN HILLS, MINNESOTA RELATING TO THE RE-ZONING OF PROPERTY The Arden Hills City Council hereby ordains that the official Zoning Map of Arden Hills, Minnesota, as described in Section 1315.01 of the City Code, is hereby amended as follows: The official Zoning Map for the City of Arden Hills has been amended to indicate that the following described property has been re-zoned to an R-1 – Single-Family Residential District: Described Property 1. The property located at 3243 New Brighton Road with Property Identification Number 333023310046 and legally described as follows: Lot 1, Block 1 of Trinity Lutheran of Lake Johanna Addition Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date.Passed by the City Council of the City of Arden Hills the 27th Day of August, 2018. By ___ David Grant, Mayor ATTEST: Julie Hanson, City Clerk Published in the Shoreview-Arden Hills Bulletin on September 5, 2018. Attachment A CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2018-003 On the 27 th day of August, 2018, the Arden Hills City Council adopted Ordinance No. 2018-003, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2018-003 be published. Ordinance 2018-003 amends the official Zoning Map of Arden Hills, Minnesota, as described in Section 1315.01 of the City Code. The Ordinance amends the official Zoning Map to indicate that the following properties have been re-zoned to an R-1 – Single Family Residential District: 3243 New Brighton Road. A full copy of Ordinance 2018-003 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.cityofardenhills.org. Published in the Shoreview-Arden Hills Bulletin on September 5, 2018. $WWDFKPHQW% 324 New Brighton RoadLegendMunicipal BoundaryCity MaskJune 26, 2018 Map Powered by DataLink from WSB & Associates1 in = 752 ft±ATTACHMENT C 324 New Brighton RoadLegendMunicipal BoundaryCity MaskJune 26, 2018 Map Powered by DataLink from WSB & Associates1 in = 188 ft± N:\Projects\10230\10230.dwg, 01/17/2011 01:19:32 PMTRINITY LUTHERAN OF LAKE JOHANNA ADDITIONATTACHMENT D STOWE AVEGLEN PAUL AVEEDGEWATER AVEJERROLD AVEOR AVE NKATIE LNBECKMAN AVEKATIE CTSANDEEN RDLAKE JOHANNA BLVDKATIE LNPAUL AVENEW B RI G H T O N R D KATIE CTPlanning Case #18-018324 New Brighton RoadRezoning05001,000250Feet²Existing ZoningLegendParks and Open Space DistrictR-1 - Single Family ResidentialR-2 - Single & Two Family Residential DistrictR-3 - Townhouse & Low Density Multiple Dwelling DistrictR-4 - Multiple Dwelling DistrictB-1 - Limited Business DistrictB-2 - General Business DistrictB-3 - Service Business DistrictB-4 - Retail Center DistrictN-B - Neigborhood BusinessC-C - Civic Center DistrictG-B - Gateway BusinessI-1 - Limited Industrial DistrictI-2 - General Industrial DistrictI-FLEX DistrictRailroadRight-of-WayWaterATTACHMENT E STOWE AVEGLEN PAUL AVEEDGEWATER AVEJERROLD AVEOR AVE NKATIE LNBECKMAN AVEKATIE CTSANDEEN RDLAKE JOHANNA BLVDKATIE LNPAUL AVENEW B RI G H T O N R D KATIE CTPlanning Case #18-018324 New Brighton RoadRezoning05001,000250Feet²Proposed ZoningLegendParks and Open Space DistrictR-1 - Single Family ResidentialR-2 - Single & Two Family Residential DistrictR-3 - Townhouse & Low Density Multiple Dwelling DistrictR-4 - Multiple Dwelling DistrictB-1 - Limited Business DistrictB-2 - General Business DistrictB-3 - Service Business DistrictB-4 - Retail Center DistrictN-B - Neigborhood BusinessC-C - Civic Center DistrictG-B - Gateway BusinessI-1 - Limited Industrial DistrictI-2 - General Industrial DistrictI-FLEX DistrictRailroadRight-of-WayWater 1320.05 Land Use Chart.(revised 4/25/16) CD POS INST Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Boarding house C C C C == == == C == == Brewpub CCC Business service ======== APPPCPPPP Clinic, medical office ========PPPPPCPPPP Club or lodge (non̻profit)== == == == P P P == C == == Club, sports & fitness == == == == A P P P C P P P Commercial recreation - indoor == == == == P P P == P Daycare Facility, over 10 PPPPP PPPP Daycare, family - 10 or less AAAAA A Daycare, group family - 14 or less CA CA CA CA CA CA Dog kennel == == == == C C == == == Dog run A A A == == == == == == Drive-up windows == == == == C C C A == Dry cleaning & laundry, pick-up station == == == == C A A == A == Dry cleaning & laundry, self-service laundry C==CC == ==== Dwelling: density zoning D D D D == == == == Dw elling: multiple family == == C C C C == == C C == Dwelling: single-family attached CCDD Dw elling: single̻family detached P P P P == == == == == Dw elling: tw o̻family C C P P C ====== ==== Dwelling: live-work unit == == == == C Financial institution & service ========PPPPPCPPPP Garage, truck == == == == == == == == C C Higher Educatoin, Campus C Home occupation: Class I AAAAA A Home occupation: Class II CA CA CA CA CA == == == C == == Hospital Hotel/motel == == == == C P C C C == C House of worship CCCCCCCCCC Manufactured home park ====C ============ ==== Manufacturing & processing: Class I AAA PPPP Manufacturing & processing: Class II == == == == == == == == P Microbrew ery CCC C C Microdistillery CCC C C Mortuary, funeral home == == == == P P == C == == Multiple occupancy building ========CCCCCCCCCC Nursery C C C C == == == == == I-2 I- FLEXUses: Zoning Districts: R̻1R̻2R̻3R̻4NBB̻1B̻2B̻3B̻4CCGBI̻1 ATTACHMENT F Office ========PPPPPPPPPP Park Facilities P Pawn shop Personal services CAPPPCP A Public use CCCCCCCCCCCCCCCC Research and development facility CPCCC PPPP Research animals CCC Residence Hall, dormitory == == == C C D == == == == == == == Residential facility, state licensed, serving 1-6 PPPP P P ========== Residential facility, state licensed, serving 7- 16 CCCCC C Restaurant and restaurant-fast food == == ====CAPPPCPCC Retail sales & service == == == == P A P P P C A A A A School, general education C C C C == == == C == == School, specialized education == == == == C C C C C == == Service station == == == == C C == C C C Storage, exterior == == == == == == == == == CA Studio ==== == == C C P P P C == == Theater, indoor == == ==== A C P == C == == Utility distribution line PPPPPPPPP PPPPAP Utility substation == == == == == == == == C C Utility transmission CCCCCCCCC CCCCCC Vehicle – motorized, leasing and rentals == == == == C C == == == Vehicle - motorized, service == == == == C C == == == Warehousing == == == == A A A A C P P C Zoning Districts: GB I̻1I-2 CD INSTPOS ³3´ 3HUPLWWHG³'´ 3ODQQHG8QLW³Ŷ´ 1RW3HUPLWWHG I- FLEX “C” = Conditional Use Permit; “A” = Accessory; “CA” = Conditional Accessory Use Permit, “I” = Interim Use Permit Uses: R̻1R̻2R̻3R̻4NBB̻1B̻2B̻3B̻4CC City of Arden Hills Chapter 13 Zoning CodeSection 1320 – District ProvisionsAdopted: November 13, 2006Page 4 of 4R-1 R-2 R-3 R-4 NB B-1 B-2 *B-3*B-4 CC *G-B I-1 I-2 I-FLEX CD POS1. Minimum Lot Area (SF per Dwelling Unit) Single Family14,000 11,000 11,000 11,000 == == ==== == == == == == ==== == Two Family 14,000 8,000 8,000 8,000 == == ==== == == == == == == == == Multiple Family PUD == == 5,450 3,630 == == 2,178== == == == == == == == ==2. Minimum Lot Area (SF)Non-Residential Uses 14,000 11,000 11,000 11,000 13,000 13,000 13,00013,000 == 20,000 5 AC 30,000 24,000 24,000 == ==Mixed Use Project or ==Multiple Occupancy Center== == == == == 13,000 ==5 AC == 20 AC == == ==Single Use Project or Free Standing Building== == == == == 13,000 == 2 AC== 10 AC == == == == ==3. Minimum Lot Size (ft) Width/Depth Non-residential== == == == 100/130 100/130 100/130100/130 100/130 100/100 100/130 100/130 100/130 100/130== == Single Family95/130 85/120 85/120 85/120 == == ==== == == == == == ==== == Two Family95/130 85/120 85/120 85/120 == == ==== == == == == == ==== ==4. Height (ft.)35 35 35 35 35 35 5035 35 35 35 35 45 45 35 355. Floor Area Ratio (F.A.R.)0.3 0.3 0.3 0.3 0.7 0.7 0.80.8 0.3 0.8 == 0.6 0.8 0.8 0.3 0.36. Lot Covered by Structure25% 25% 25% 25% 35% 35% 45%40% 25% 40% == 30% 40% 40%25% 25%7. Min. Landscape Lot Area65% 65% 65% 65% 35% 25% 20%25% 25% 20% 35% 35% 25% 25% 65% 65%8. Minimum Building Setbacks (ft) Front yard40 40 40 40 20 50 2050 50 20 50 55 50 50 40 40 Rear Yard (Principle)30 30 30 30 20 20 2020 20 20 20 20 20 2030 30 Rear Yard (Accessory)10 10 10 10 10 10 1010 10 10 10 10 10 10 10 10 Side Yard Interior - Principal (Min/total both yards on lot)10/25 5/15 5/15 5/15 5/15 20/40 10-2020/40 20/40 10-20 20/40 ** 20/40 20/40 20/4010/20 10/20 Side Yard Interior - Accessory10 10 10 10 10 10 1010 10 10 10 10 10 10 10 10 Side Yard Corner40 40 40 40 20 50 2050 50 20 50 50 50 50 40 40 Other Setbacks Lakeshore - High Water Mark*** Abutting Residential Zoning District== == == == 30 100 == 10010060100100 100 100 100 = = = = .20 12 == == ==== ==9. PUD & SUP Maximum Dwelling Unit Density Per Net Acre35.5812========20 == ==ATTACHMENT G From:Judy Labine To:Matthew Bachler Subject:support Planning Case #18-018 Rezoning Date:Tuesday, July 24, 2018 7:39:16 AM Mr. Bachler: I have lived on Beckman Avenue for 28 years and after review of your "Public Hearing Notice" regarding Planning Case #18-018 rezoning proposal, I support the proposal to rezone the property to R-1. Thank you. Judy Labine ATTACHMENT H City of Arden Hills Planning Commission Meeting for August 8, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 1 of 5 MEMORANDUM DATE:August 8, 2018 PC Agenda Item 4.B TO:Planning Commission Chair and Commissioners FROM:Matthew Bachler, City Planner SUBJECT: Planning Case #18-018 –Public Hearing Required Applicant: City of Arden Hills Property Location: 3243 New Brighton Road Request: Rezoning Requested Action The City has initiated a rezoning of the property located at 3243 New Brighton Road to R-1 – Single Family Residential District from its current zoning of R-2 – Single & Two Family Residential District. Background 1. Overview of Request: The City has initiated a rezoning of the property located at 3243 New Brighton Road. The property is owned by Trinity Lutheran Lake Johanna and is now used as a House of Worship. The current zoning of the property is R-2 – Single & Two Family Residential District. The City has proposed rezoning the propert y to R-1 – Single Family Residential District. The subject property is approximately 2.9 acres in size and is located north of County Road D, east of Cleveland Avenue, south of Beckman Avenue, and west of Lake Johanna. A House of Worship is allowed as a conditional use in both the R-1 and R-2 District and the zoning change would not affect the continued use of the property as a House of Worship by Trinity Lutheran. At this time, there are no proposed changes to the current use on the property. If the property were to be redeveloped in the future, it would be required to be developed under the R-1 District requirements. ATTACHMENT I City of Arden Hills Planning Commission Meeting for August 8, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 2 of 5 The Trinity Lutheran property is bordered on the north and the west by Hazelnut Park. The City and the church currently have a joint use agreement that allows the City and the public to use the church parking lot in conjunction with their use of Hazelnut Park. The proposed rezoning would not impact the joint use agreement. The properties to the east and south are predominantly single-family detached residential and are zoned R-2 District. While the residential properties in the surrounding area are zoned R-2, many of the properties, and in particular those on the eastern side of New Brighton Road, have lot areas more consistent with the minimum requirements for the R-1 District. 2. Surrounding Area: Direction Future Land Use Plan Zoning Existing Land Use North Parks and Open Space Parks and Open Space Parks, Recreational, or Preserve South Low Density Residential R-2 – Single & Two Family Residential Single Family Detached East Low Density Residential R-2 – Single & Two Family Residential Single Family Detached West Parks and Open Space Parks and Open Space Parks, Recreational, or Preserve 3. Site Data: Future Land Use Plan:Public and Institutional Existing Land Use:Institutional Zoning:R-2 – Single & Two Family Residential Size:2.93 acres Topography:Relatively flat Zoning Code Review A. Purpose of R-1 District –Section 1320.04, Subd. 1 The Zoning Code includes the following purposes of the R-1 District: 1. To establish areas for the development of single family detached housing at a maximum density of approximately three (3) units per net acre. 2. To reserve development areas for single-family housing. 3. To restrict encroachment of incompatible uses. 4. To maintain density limitations. 5. To take advantage of municipal utilities. 6. To preserve open space. 7. To allow educational uses on campus-like settings which are compatible with adjacent residential uses. City of Arden Hills Planning Commission Meeting for August 8, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 3 of 5 The existing use of the property as a House of Worship is consistent with the purpose of the R-1 District. B. Land Use –Section 1320.05 (Land Use Chart) A House of Worship is an allowed conditional use in the R-1 District. Trinity Lutheran would be permitted to continue to use the property for a House of Worship as a conditional use. A copy of the Land Use Chart from the Zoning Code is provided in Attachment D. C. Lot Area and Dimensions -Section 1320.06 (District Requirements Chart) The minimum lot area in the R-1 District is 14,000 square feet. The property is 2.93 acres in size, or approximately 127,630 square feet. The minimum lot width requirement is 95 feet and the minimum depth requirement is 130 feet. The property has a width of approximately 522 feet and a depth of approximately 328 feet. A copy of the District Requirements Chart is provided in Attachment E. Lot Area Lot Width Lot Depth R-1 District Requirements 14,000 square feet 95 feet 130 feet 3243 New Brighton Road 127,630 square feet 522 feet 328 feet D. Setbacks –Section 1320.06 (District Requirements Chart) The R-1 and R-2 Districts have the same principal structure setback requirements for the front yard and rear yard. The R-1 District has a greater side yard setback requirement than the R-2 District. No changes to the existing structures on the property are proposed as part of the rezoning. The existing church has a minor encroachment within the 40-foot front yard setback. The structure meets all other setback requirements. There are two accessory structures on the property, both of which meet the R-1 District setback requirements for accessory structures. Front Yard Setback Rear Yard Setback Side Yard Setback R-1 District Requirements 40 feet 30 feet 10 feet (minimum) / 25 feet (total both yards) 3243 New Brighton Road 38.1 feet 158.7 feet 51.4 (South) / 281.9 (North) E. Lot Coverage –Section 1320.06 (District Requirements Chart) The R-1 and R-2 Districts have the same lot coverage requirements as it relates to structure area and impervious surfaces. No changes to the exiting lot coverage on the property are proposed as part of the rezoning. City of Arden Hills Planning Commission Meeting for August 8, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 4 of 5 Arden Hills 2030 Comprehensive Plan The property at 3243 New Brighton Road is guided for Public and Institutional use in the 2030 Comprehensive Plan. This future land use classification is defined as, “areas designated for uses such as government buildings, colleges, schools, and religious uses, but not medical uses.” The current use of the property by Trinity Lutheran is consistent with the Comprehensive Plan. The proposed rezoning of the property does not require an amendment to the Comprehensive Plan. The R-1 District zoning is consistent with the Public and Institutional future land use designation because the zoning district allows religious uses by Conditional Use Permit. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed rezoning would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: 1. The property located at 3243 New Brighton Road is located in the R-2 – Single and Two Family Residential District and is guided for Public and Institutional use in the 2030 Comprehensive Plan. 2. The subject property is owned by Trinity Lutheran Lake Johanna and is currently used as a House of Worship. 3. A House of Worship is an allowed conditional use in the R-2 District. 4. The City has initiated a rezoning of the subject property to R-1 – Single Family Residential District. 5. A House of Worship is an allowed conditional use in the R-1 District and the subject property would continue to be used as a House of Worship by Trinity Lutheran Lake Johanna. 6. The current use of the subject property as a House of Worship is consistent with the purposes of the R-1 District. 7. The subject property would be in conformance with the minimum lot area and dimension requirements for the R-1 District. 8. The proposed rezoning does not include any change to the existing structures or lot coverage on the subject property. 9. The proposed rezoning is consistent with the 2030 Comprehensive Plan because religious uses are allowed by Conditional Use Permit in the R-1 District. 10. The properties in the immediate surrounding area are zoned Parks and Open Space District and R-2 District. 11. The proposed rezoning is not expected to adversely affect the surrounding area of the community as a whole. City of Arden Hills Planning Commission Meeting for August 8, 2018 P:\Planning\Planning Cases\2018\PC 18-018 - Trinity Lutheran Church Rezoning - 3243 New Brighton Road\Memos_Reports_18-018 Page 5 of 5 Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission may consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. 1. Recommend Approval: Motion to recommend approval of Planning Case 18-018 for a Rezoning of the property at 3243 New Brighton Road to R-1 – Single Family Residential District, based on the findings of fact and the submitted plans, in the August 8, 2018 Report to the Planning Commission. 2. Recommend Denial: Motion to recommend denial of Planning Case 18-018 for a Rezoning of the property at 3243 New Brighton Road to R-1 – Single Family Residential District, based on the following findings of fact:findings to deny should specifically reference the reasons for denial. 3. Table: Motion to table Planning Case 18-018 for a Rezoning of the property at 3243 New Brighton Road to R-1 – Single Family Residential District:a specific reason and/or information request should be included with a motion to table. Public Notice and Comments Notice on this planning case was published in the Arden Hills/Shoreview Bulletin on July 25, 2018. A mailing regarding the proposed rezoning was mailed to property owners within 500 feet of the subject property. Staff received an email from a resident in the neighborhood expressing their support for the proposed rezoning. A copy of the correspondence is included in Attachment F. A letter was sent to Trinity Lutheran Lake Johanna on June 21, 2018 notifying them of the proposed rezoning. Staff has not received any comments from the church. Attachments A. Location and Aerial Maps B. 3243 New Brighton Road Property Survey C. Existing and Proposed Zoning Classification D. Section 1320.05 – Land Use Chart E. Section 1320.06 – District Requirements Chart F. Public Comments ARDEN HILLS PLANNING COMMISSION – August 8, 2018 4 Commissioner Vijums asked who would be in charge of the easement going forward. City Planner Bachler explained there was a shared access easement between the two properties but noted the easement was located entirely on the 3385 property. He stated the property owner at 3385 would retain ownership of the land within the easement. Chair Jones opened the public hearing at 6:47 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. There being no comment Chair Jones closed the public hearing at 6:48 p.m. Chair Jones stated he supported the proposed request. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-020 for a Minor Subdivision at 3385, 3401 and 3411 Snelling Avenue North based on the findings of fact and the submitted plans, as amended by the six (6) conditions in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). B. Planning Case 18-018; 3243 New Brighton Road - Rezoning – Public Hearing City Planner Bachler stated the City has initiated a rezoning of the property located at 3243 New Brighton Road. The property is owned by Trinity Lutheran Lake Johanna and is now used as a House of Worship. The current zoning of the property is R-2 – Single & Two Family Residential District. The City has proposed rezoning the property to R-1 – Single Family Residential District. The subject property is approximately 2.9 acres in size and is located north of County Road D, east of Cleveland Avenue, south of Beckman Avenue, and west of Lake Johanna. City Planner Bachler explained a House of Worship is allowed as a conditional use in both the R-1 and R-2 District and the zoning change would not affect the continued use of the property as a House of Worship by Trinity Lutheran. At this time, there are no proposed changes to the current use on the property. If the property were to be redeveloped in the future, it would be required to be developed under the R-1 District requirements. City Planner Bachler reported the Trinity Lutheran property is bordered on the north and the west by Hazelnut Park. The City and the church currently have a joint use agreement that allows the City and the public to use the church parking lot in conjunction with their use of Hazelnut Park. The proposed rezoning would not impact the joint use agreement. The properties to the east and south are predominantly single-family detached residential and are zoned R-2 District. While the residential properties in the surrounding area are zoned R-2, many of the properties, and in particular those on the eastern side of New Brighton Road, have lot areas more consistent with the minimum requirements for the R-1 District. Site Data Land Use Plan: Public and Institutional Existing Land Use: Institutional Zoning: R-2 – Single & Two Family Residential $WWDFKPHQW- ARDEN HILLS PLANNING COMMISSION – August 8, 2018 5 Current Lot Sizes: 2.93 acres Topography: Relatively flat City Planner Bachler reviewed the surrounding area, the Zoning Code Review and provided the following Findings of Fact for review: 1. The property located at 3243 New Brighton Road is located in the R-2 – Single and Two Family Residential District and is guided for Public and Institutional use in the 2030 Comprehensive Plan. 2. The subject property is owned by Trinity Lutheran Lake Johanna and is currently used as a House of Worship. 3. A House of Worship is an allowed conditional use in the R-2 District. 4. The City has initiated a rezoning of the subject property to R-1 – Single Family Residential District. 5. A House of Worship is an allowed conditional use in the R-1 District and the subject property would continue to be used as a House of Worship by Trinity Lutheran Lake Johanna. 6. The current use of the subject property as a House of Worship is consistent with the purposes of the R-1 District. 7. The subject property would be in conformance with the minimum lot area and dimension requirements for the R-1 District. 8. The proposed rezoning does not include any change to the existing structures or lot coverage on the subject property. 9. The proposed rezoning is consistent with the 2030 Comprehensive Plan because religious uses are allowed by Conditional Use Permit in the R-1 District. 10. The properties in the immediate surrounding area are zoned Parks and Open Space District and R-2 District. 11. The proposed rezoning is not expected to adversely affect the surrounding area of the community as a whole. City Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Jones opened the floor to Commissioner comments. Commissioner Vijums asked why the City initiated this rezoning. City Planner Bachler explained staff received direction from the City Council regarding this rezoning. He noted the property in the surrounding area was consistent with the R-1 zoning district and therefore staff was taking a proactive or preemptive step to rezone the property. Commissioner Lambeth questioned if the rezoning was consistent with the City’s Comprehensive Plan. ARDEN HILLS PLANNING COMMISSION – August 8, 2018 6 City Planner Bachler reported the proposed change was consistent with the City’s Comprehensive Plan. He noted the primary reason for the rezoning was to prepare the property, should the church elect to sell the parcel at some point in the future. Chair Jones asked if the City would still have access to the church parking lot for the adjacent park. City Planner Bachler commented the adjacent property was Hazelnut Park. He explained the City had a joint use agreement in place between the City and the church for use of the parking lot. He reported this joint use agreement has been in place since 2011. Chair Jones opened the public hearing at 7:06 p.m. Chair Jones invited anyone for or against the application to come forward and make comment. Ida Nan Adair, 3332 New Brighton Road, stated she has lived in Arden Hills since before the City was Arden Hills. She asked why the property was being rezoned. She was of the opinion the rezoning was not necessary. Councilmember Scott explained the Council would like to have the parcel rezoned as a defensive move and to protect the current character of the neighborhood. Virginia Anderson, 1896 Jerrold Avenue, stated she supported the zoning change. Karen Cloutier, 1890 Jerrold Avenue, explained she also supported the zoning change and applauded the City for their efforts. There being no additional comment Chair Jones closed the public hearing at 7:10 p.m. City Planner Bachler reviewed several emails City staff had received from the public offering their support for the rezoning request. Commissioner Zimmerman moved and Commissioner Lambeth seconded a motion to recommend approval of Planning Case 18-018 for a Rezoning 3243 New Brighton Road to R-1 – Single Family Residential District based on the findings of fact and the submitted plans in the August 8, 2018, report to the Planning Commission. The motion carried unanimously (4-0). C. Planning Case 18-019; City Code Amendment – Chapter 11 - Subdivisions – Public Hearing City Planner Bachler stated the City has initiated proposed amendments to Chapter 11 – Subdivisions of the City Code. The amendments would address the following: 1. Reference the Arden Hills Public Works Design Manual and require that subdivisions meet the standards included in the manual. DATE:August 27, 2018 TO:Honorable Mayor and City Councilmembers FROM:Dave Perrault, City Administrator SUBJECT:Authorization to Appoint Senior Engineering Technician Budgeted Amount: Estimated Amount: Funding Source: N/A $12,000 Salary Allocation Council Should Consider The Council should consider appointing David Swearingen to the position of Senior Engineering Technician at Grade Twelve, Step Seven of the compensation scale and all associated benefits. Background The City Council authorized City Staff to post for a Senior Engineering Technician at the June 25, 2018 City Council meeting. After the closing of the posting period, the City had received three candidates, all of which were interviewed. The City identified David Swearingen as the top candidate, and in consultation with the Personnel Committee, has made a conditional offer for employment. Attachment N/A CONSENTITEM – 7E MEMORANDUM Page 1 of 1 CONSENT ITEM – 7F MEMORANDUM DATE: August 27, 2018 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, City Clerk SUBJECT: Resolution 2018-050 Accepting Donation from the Arden Hills Foundation Budgeted Amount: Actual Amount: Funding Source: $$$ Council Should Consider Approving Resolution 2018-050 Accepting Donation from the Arden Hills Foundation in the amount of $650.00. Background The Arden Hills Foundation has been established as a 501c3 organization. Pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, cities are authorized to accept gifts and bequests for the benefits of recreational services Discussion The Arden Hills Foundation has donated $650.00 to the City of Arden Hills for a park bench to be located at Johanna Marsh Park. This donation was submitted by Michael Remmers. To comply with State Statutes, the City needs to acknowledge the donations and issue receipt of the donations to the Arden Hills Foundation. Attachments Attachment A: Resolution 2018-050 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2018-050 A RESOLUTION ACCEPTING DONATION WHEREAS,Arden Hills (“City”) is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS,The following entity has offered to contribute the cash amount set forth below to the city: Name of Donor Amount Arden Hills Foundation $650.00 WHEREAS,All such donations have been contributed to assist the City in the establishment and operation of recreational facilities and programs either alone or in cooperation with others, as allowed by law; and WHEREAS, The City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, THAT: 1. The donation described above is accepted and shall be used to establish recreational facilities either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the City’s receipt of the donor’s donation. PASSED AND ADOPTED on this 27th day of August, 2018. _______________________________ David Grant, Mayor ATTEST: ______________________________________ Julie Hanson, City Clerk Attachment A Page 1 of 1 CONSENT ITEM – 7G MEMORANDUM DATE: August 27, 2018 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Sue Polka, Public Works Director/City Engineer SUBJECT: Gate Valve Replacement – W County Road E Budgeted Amount: Actual Amount: Funding Source: N/A $7,141.50 Water Utility Council Should Consider Approving an 8”gate valve replacement in the amount of $7,141.50. Background/Discussion A leaking 8” gate valve was discovered at the intersection of County Road E and Pascal Avenue during the Xcel Energy Pipeline Reconstruction Project. Staff contacted Northdale Construction Co. Inc., as they are the pipe subcontractor for the Old Snelling Trail project o provide a quote for the work. The price for the replacement is $7,141.50. Staff directed Northdale Construction Co. Inc. to complete the replacement work because they were in the area for other project work and to avoid disturbing final paving and restoration work for the Xcel Energy Pipeline Reconstruction Project and the Old Snelling Trail and Watermain Improvement Project, in addition to the water loss. The gate valve has been replaced. Staff recommends that the Council authorize payment to Northdale Construction Co. Inc., in the amount of $7,141.50. Attachments Attachment A – Invoice INVOICE NORTHDALE CONST. CO. INC. 9760 71st St NE -Albertville, MN 55301 Office: 763-428-4868 Fax: 763-428-4997 QUANTITY UNIT 1.00 LS Questions concerning this Invoice? Call: Philip B. Lesnar (763) 428-4868 Install 8" Gate Valve $7,141.50 $7,141.50 8/17/2018 City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Old Snelling Trail Arden Hills BILLED TO: DESCRIPTION UNIT PRICE AMOUNT Install 8" Gate Valve at County Road E and Pascal. INVOICE DATE: INVOICE# OUR JOB # JOB NAME: LOCATION: DATE OF WORK: 8/23/2018 201805-X14 Attn: Sue Polka - Public Works Director/City Engineer BALANCE DUE: $7,141.50 $7,141.50SUBTOTAL: 201805 DESCRIPTION OF WORK: MAKE ALL CHECKS PAYABLE TO: Northdale Construction Co., Inc. 9760 71st St NE Albertville, MN 55301 Attachment A City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 1 of 2 PUBLIC HEARING – 9A MEMORANDUM DATE:August 27, 2018 TO:Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM:Jane Kansier, Planning Consultant SUBJECT: Accelerated Nuisance Abatement Public Hearing 3246 New Brighton Road Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Requested Action Hold the required public hearing for the proposed accelerated nuisance abatement at 3246 New Brighton Road. The City Council will be asked to make a formal decision regarding the application under Agenda Item 10A on August 27, 2018. Background Due to a complaint, staff inspected 3246 New Brighton Road on August 8, 2018. Staff noted excessive vegetation growth and the accumulation of tree branches, and determined the property was in violation of the following subsections of City Code Section 602.02 Public Nuisance Affecting Health: x Subd. 6. All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. x Subd. 9. Accumulation of manure, tree branches, cut trees, grass clippings, bottles, rubbish, trash, refuse, junk and other abandoned materials, metals including aluminum or tin cans, or lumber Following the initial inspection, staff sent a letter to the property owner requesting they correct the issues by August 17, 2018. A follow-up inspection on August 20, 2018, revealed the violations City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 2 of 2 had not been corrected. Code enforcement files indicate this is the second complaint received in 2018 for the same issues. In accordance with the City’s accelerated abatement procedures in Section 602.07 of the City Code, a letter was mailed to the property owner on August 8, 2018. Based on the accelerated abatement procedures, the property owner was given seven working days, or until August 17, 2018, to abate the nuisance. A follow-up inspection showed that no action has been taken. Due to the reoccurring nature of these types of violations, staff is requesting the City Council issue an order for abatement of the property and to continue the abatement order for a two year period. The two year period would expire on August 27, 2020. The property owner has seven days from the Council’s order to complete the work before the City can have the work completed. Public Notice and Comments The letter to the property owner dated August 8, 2018, provided notice of Notice of the public hearing on August 27, 2018, should the nuisance not be corrected. At this time, staff has not received any comments from the public regarding this planning case. Attachments A. Final Letter to the Property Owner of 3246 New Brighton Road B. Aerial Photo and Pictures of Property Attachment A 3246 New Brighton Road Legend Municipal Boundary City Mask August 22, 2018 Map Powered by DataLink from WSB & Associates 1 in = 188 ft ± $WWDFKPHQW% City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 1 of 2 NEW BUSINESS – 10A MEMORANDUM DATE:August 27, 2018 TO:Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM:Jane Kansier, Planning Consultant SUBJECT: Accelerated Nuisance Abatement 3246 New Brighton Road Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Requested Action Motion to approve Resolution 2018-051 ordering accelerated nuisance abatement at 3246 New Brighton Road for excessive vegetation growth and the accumulation of debris not in compliance with City regulations. Background Due to a complaint, staff inspected 3246 New Brighton Road on August 8, 2018. Staff noted excessive vegetation growth and the accumulation of tree branches, and determined the property was in violation of the following subsections of City Code Section 602.02 Public Nuisance Affecting Health: x Subd. 6. All noxious weeds and other growths of vegetation upon public or private property in excess of eight (8) inches. x Subd. 9. Accumulation of manure, tree branches, cut trees, grass clippings, bottles, rubbish, trash, refuse, junk and other abandoned materials, metals including aluminum or tin cans, or lumber Following the initial inspection, staff sent a letter to the property owner requesting they correct the issues by August 17, 2018. A follow-up inspection on August 20, 2018, revealed the violations had not been corrected. Code enforcement files indicate this is the second complaint received in 2018 for the same issues. City of Arden Hills City Council Meeting for August 27, 2018 P:\Planning\Planning Cases\2018\PC 18-019 - Subdivision Code Amendment - Park Dedication Ordinance\Memos_18-019 Page 2 of 2 In accordance with the City’s accelerated abatement procedures in Section 602.07 of the City Code, a letter was mailed to the property owner on August 8, 2018. Based on the accelerated abatement procedures, the property owner was given seven working days, or until August 17, 2018, to abate the nuisance. A follow-up inspection showed that no action has been taken. Due to the reoccurring nature of these types of violations, staff is requesting the City Council issue an order for abatement of the property and to continue the abatement order for a two year period. The two year period would expire on August 27, 2020. The propert y owner has seven days from the Council’s order to complete the work before the City can have the work completed. An abatement order allows the City to hire a contractor to complete the work on the property and charge the cost back to the property owner. The charge is 125 percent of the cost of the work plus administrative costs. If the charges are not paid, the charge will be certified against the property for collection with the property taxes. If the same violation reoccurs within two years of the Council’s order, staff could order abatement without an additional Council hearing or action. A letter would be sent to the property owner ordering future violations to be resolved within seven working days. If the violation is not resolved, staff can order the abatement and charge the expense back to the property owner. The City Council held the required Public Hearing earlier this evening (see item 9A and attachments). Recommendation Motion to approve Resolution 2018-051 ordering accelerated nuisance abatement at 3246 New Brighton Road for excessive vegetation growth and the accumulation of debris not in compliance with City regulations. Attachments A. Resolution 2018-051 198964v1 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2018-051 ABATEMENT OF A NUISANCE AT 3246 NEW BRIGHTON ROAD WHEREAS,Journey Home Minnesota is the propertyowner of the following describedproperty: Address: 3246 New Brighton Road Arden Hills, Minnesota 55112 PID: 333023340102 Legal Description:See Exhibit A attached hereto WHEREAS,notice therefore was posted on said property and sent certified mail to the property owner pursuant to CityRegulations; and, WHEREAS,this abatement was initiated pursuant to the City of Arden Hills Municipal Code; and, WHEREAS,the Arden Hills CityCouncil held a hearing on August 27, 2018. All personspresent at said meeting were given an opportunityto be heard and present written statements. The Council also considered the recommendation of the CityStaff that this abatement be approved; and, NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL hereby adopts Resolution 2018-051, ordering the abatement of violations of City Code Section 602.02 that does not comply with City regulations at 3246 New Brighton Road, Arden Hills, Minnesota, and to charge the property owner for 125 percent of the cost of abatement, including administrative costs. The City Administrator is authorized to monitor the property through August 27, 2020; and to abate any nuisances that do not comply with City regulations, and to charge to the propertyowner for each subsequent abatement 125 percent of the cost of abatement, including administrative costs; and BE IT FURTHER RESOLVED, in the event that the property owner does not pay any portion of the charges, that the unpaid amount shall be assessed against the Property, to be collected with the real estate taxes in the year in which this Resolution is recorded, together with an Affidavit of Cost incurred, and that any assessments levied pursuant to this Resolution shall bear interest at the Attachment A 198964v1 rate of 4.5% per annum from the date of recording until September 1 st of the year in which the special assessment is paid in full. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 27 TH DAY OF AUGUST, 2018. CITY OF ARDEN HILLS By ______________________________ David Grant, Mayor ATTEST: By ________________________________ Julie Hanson, City Clerk 198964v1 EXHIBIT “A” to RESOLUTION NO. 2018-051 ABATEMENT OF A NUISANCE AT 3246 NEW BRIGHTON ROAD That part of the Southeast Quarter of the Southwest Quarter, Section 33, Township 30, Range 23, Ramsey County, Minnesota, described as follows: Beginning at a point on the centerline of New Brighton Road distant 1170 feet northwesterly from the south line of said Southeast Quarter of the Southwest Quarter, measured on the center line running northwesterly at an angle of 63 degrees 37 minutes 30 seconds to the south line of said Southeast Quarter of the Southwest Quarter from a point distant 30.4 feet west of the southeast corner of said Southwest Quarter; thence northwesterly on said centerline 75 feet; thence northeasterly at right angles to said centerline, 158 feet; thence southeasterly parallel with said center line 75 feet, thence southwesterly 158 feet to the point of beginning. Subject to New Brighton Road; and All that part of the Southeast Quarter of the Southwest Quarter, Section 33, Township 30, Range 23, Ramsey County, Minnesota, and of Lot 32, Auditor's Subdivision No. 80, Ramsey County Minnesota, described as follows: Commencing at a point on the centerline of New Brighton Road distant 1170 feet northwesterly from the south line of said Southeast Quarter of the Southwest Quarter measured on said centerline running northwesterly at an angle of 63 degrees 37 minutes 30 seconds to the south line of said Southeast Quarter of the Southwest Quarter from a point distant 30.4 feet west of the southeast corner of said Southwest Quarter; thence northeast at a right angle to said centerline 213.00 feet to the point of beginning of the land to be described; thence returning southwesterly along the last described line 55 feet; thence northwesterly parallel to said centerline 259.55 feet; thence northeasterly at a right angle approximately 108.1 feet to a point distant 1226 feet south of the north line of said Southwest Quarter; thence east parallel to said north line of said Southwest Quarter to a point distant 217.8 feet west of the east line of said Southwest Quarter; thence south parallel to said east line to an intersection with the north line of the east 217.8 feet of the south 135 feet of the north 1711 feet of said Southwest Quarter; thence westerly along an extension of the last described north line to an intersection with a line parallel to and 213 feet northeasterly of said centerline of said New Brighton Road; thence northwesterly to the point of beginning. and That part of Lot 32, Auditor's Subdivision No. 80 and of the Southwest Quarter, Section 33, Township 30, Range 23, Ramsey County, Minnesota, described as follows: Beginning at a point on the center line of New Brighton Road distant 1497 feet northwesterly from the south line of said Southwest Quarter, measured on said center line running northwesterly at an angle of 63 degrees 37 minutes 30 seconds to the south line of said Southwest Quarter from a point distant 30.4 feet west of the southeast corner of said Southwest Quarter; thence southeast on said 198964v1 center line 252 feet; thence at a right angle northeast 158 feet; thence at a right angle northwest 184.55 feet; thence at a right angle northeast 108.l feet, more or less, to the intersection with a line running parallel to and distant 1226 feet south of the north line of said Southwest Quarter; thence east on said parallel line to the intersection with a line running parallel to and distant 300 feet northeasterly from said center line; thence northwest on the last parallel line to the intersection with a line northeast at a right angle to said center line from the aforedescribed point of beginning; thence southwest 300 feet to the point of beginning. Subject to New Brighton Road.