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HomeMy WebLinkAbout09-27-21-R -AVEEN HILLS Approved: October 1 l, 2021 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 27,2021 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 Fran Holmes, Dave McClung (attending via Zoom) and Steve Scott Absent: Councilmember Brenda Holden (excused) Also present: City Administrator Dave Perrault; Interim Public Works Director David Swearingen; Senior Planner Jessica Jagoe; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to approve the meeting agenda as amended. A roll call vote was taken. The motion carried (4-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES A. Public Inquiry Response from August 9, 2021 City Council Meeting City Administrator Perrault stated a resident approached the Council regarding the Public Inquiry section of the agenda. He noted the Council discussed this topic at the August and September worksession meetings. He reported the Council decided to move forward with relaxing language surrounding the public inquiry portion of the agenda and would be working ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 2 with the City Attorney on this matter. Staff anticipated this language would be available in October. 4. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported the 2021 PMP Street and Utility project was nearing completion. He reported the final section of paving was scheduled for October 13 and 14. He noted topsoil and sod would be installed yet this fall. He encouraged residents seeking up to date information to review the City's website. B. Clean Up Day Update City Administrator Perrault stated Clean Up Day will be held on Saturday, October 2 at Green Lights Recycling in Blaine from 9:00 a.m. to 12:00 p.m. He reported a list of accepted items and coupons were available online or in the most recent edition of Arden Hills Notes. 5. APPROVAL OF MINUTES A. August 16, 2021, City Council Work Session B. August 23, 2021, Regular City Council Councilmember Holmes reported she had a small change to the Work Session minutes on Page 6 and noted the changes were discussed with City staff. Councilmember Scott noted he had small change to the Work Session minutes and noted the change was sent to City staff. MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to approve the August 16, 2021, City Council Work Session meeting minutes as amended, and August 23, 2021, Regular City Council meeting minutes as presented. A roll call vote was taken. The motion carried (4-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Resolution 2021-052 Accepting a Donation from the Arden Hills Foundation C. Motion to Approve Convention and Tourism Bureau Agreement with Minnesota Metro North Tourism D. Motion to Approve Payment No. 1 and Change Order No. 1 — Pember Construction—Hamline Avenue and Shorewood Drive Improvements E. Motion to Approve Appointment of Public Works Director ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 3 MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. A roll call vote was taken. The motion carried (4-0). 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated water customers whose account is 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Mayor Grant opened the public hearing at 7:11 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:12 p.m. B. Special Assessments for False Alarm Charges Finance Director Bauman stated notices were mailed to property owners on August 18, 2021, informing them of their account status and the City's intent to certify any unpaid delinquent amounts to Ramsey County for collection with property taxes. They were asked to pay the delinquent balance prior to the public hearing, which is scheduled for September 27. The public hearing allows the property owners the opportunity to address the City Council on this matter prior to certification. To date, two accounts remain unpaid. Arden Hills' Municipal Code authorizes the certification of delinquent charges against the properties on which the alarm systems are installed. Mayor Grant opened the public hearing at 7:13 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:13 p.m. C. Planning Case 21-020 — Planned Unit Development Amendment — Bethel University Senior Planner Jagoe stated Bethel University ("The Applicant") is requesting a Planned Unit Development Amendment for a proposed project located on Outlot A ("Subject Property") within the 2 Pine Tree North Plat for a multi-tenant freestanding sign. The subject property falls within Sign District 7. With the recent subdivision of land, the Applicant no longer owns the parcel of land where their existing multi-tenant sign is located. The existing sign exceeds the height and sign area as allowed in this sign district. With the construction of a new sign, the Applicant is ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 4 subject to compliance with the applicable sign district regulations. The Applicant is seeking flexibility to Sign District 4. Senior Planner Jagoe explained in 2013, Bethel University acquired the Country Financial facility at 2 Pine Tree Drive. The subject property is located within the B-2 General Business District, where higher educational uses are permitted by Conditional Use Permit (CUP). At its November 25, 2013 meeting, the City Council approved a CUP for Bethel University to use the existing facility as higher education. The campus is referenced as their "Anderson Center" location. The approx. 227,000 square foot multi-tenant building is a mixture of higher education and office/commercial uses. Senior Planner Jagoe reported the property was subdivided in 2020 and split into three lots and an outlot to be used for utilities and access drive within the plat. Bethel University retained their parcel with existing development and Outlot A. At that same time, a Master Planned Unit Development was approved. Subsequently a Planned Unit Development (PUD) was approved in January 2021 for New Perspective Senior Living to be developed on Lot 1. Lot 2 was sold to the Lake Johanna Fire Department and is currently undeveloped. Bethel University has an existing multi-tenant freestanding sign that is located along Pine Tree Drive on Lot 2. They are planning to move the multi-tenant freestanding sign to Outlot A which is owned by Bethel University. With this relocation,the Applicant is planning upgrades to the freestanding sign design and size. Senior Planner Jagoe reviewed the Site Data and Plan Evaluation in further detail with the Council and requested the Council hold a Public Hearing. Mayor Grant stated there was 15 feet of right of way from the curb on Pine Tree Drive. Senior Planner Jagoe reported this was the case. She explained from the road edge to the sign front there would be 20 feet. Councilmember Holmes questioned how far south the sign would be from County Road E2. Senior Planner Jagoe indicated there was one property north of this, meaning the sign would be just south of the Old National Bank property. Councilmember Holmes reported this sign would be located along the new road. Senior Planner Jagoe stated this was the case. Further discussion ensued regarding the location of the new sign. Councilmember Scott clarified the existing sign was being removed in order for the new sign to be installed. Senior Planner Jagoe reported this would be done in order to move the sign from the fire department property to Bethel property. Mayor Grant opened the public hearing at 7:26 p.m. ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 5 With no one coming forward to speak, Mayor Grant closed the public hearing at 7:27 p.m. D. Planning Case 20-022 — Zoning Code Amendment — Chapter 13 — Section 1325.07, Subd. 6A—Keeping of Chickens Senior Planner Jagoe stated starting in 2020, the City Council began discussions on ordinance language with regards to the keeping of chickens in Arden Hills. A survey was conducted in November 2020 to garner input from residents on the relaxation of standards for the keeping of chickens. Those survey results were presented to the City Council at a work session in January. Staff was provided guidance on general parameters for consideration of a proposed chickens ordinance. That draft language was reviewed by the City Council at two work sessions on July 12th and July 26th, 2021. Senior Planner Jagoe reported in preparing the draft ordinance language, the City deferred to the document that is used by a number of adjacent communities titled "Recommendations for Municipal Regulation of Urban Chickens". This guide was the basis for development of ordinance standards and best practices for licensing requirements. Similar to the Cities of Stillwater and Falcon Heights, the proposed language includes a requirement that a resident who intends to keep chickens shall have read the document outlining best care practices. At the July 26th special work session, Staff was directed to bring forward the proposed ordinance to the Planning Commission in September for the first review and to hold a public hearing to receive public comment on the keeping of chickens. Staff discussed the Ordinance amendments in further detail and requested the Council hold a Public Hearing. Mayor Grant suggested the language within Subd. 6, Item D be reconsidered to address both single and double car detached garages. Councilmember McClung commented on the email he received from a property owner in the southwestern end of the City. He explained he supported keeping coop and detached structures under the 728 square feet. Mayor Grant opened the public hearing at 7:33 p.m. Mike Loosbrock, 4535 Lakeshore Place, discussed the proposed Ordinance amendments. He noted he and his wife did not make the Tuesday, September 8 Planning Commission meeting because it was the first day of school. He addressed the number of chickens that would be allowed. He noted chickens were a flock animal and he believed three chickens was too low of a number. He indicated the number of birds also assisted in keeping the birds warm during the winter months. He commented further on how egg production ebbs and flows during the winter months and with only three birds this would not provide very many eggs. He encouraged the City to reconsider having a maximum of eight birds. He proposed the language for the coop size be set with a minimum per bird (four square feet). He discussed the proposed temperature requirements and stated they were not practical. He noted chickens were cold hardy animals and noted supplemental heat was only needed to keep the eggs from freezing. He commented on how important it was to properly ventilate the coops, especially in the winter months. He believed it was onerous to require neighbor consent, especially given the strict rules that were in place for the keeping of chickens. He discussed the screening requirements and noted some neighbors may ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 6 enjoy seeing the chickens. He recommended neighbor consent not be required. He explained that leg banding was not common and suggested this not be required. He commented on the references that were made within the Chicken Ordinance and recommended the City refer to the University of Minnesota Extension Office for a better balance of information. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:44 p.m. 9. NEW BUSINESS A. Resolution 2021-053 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Finance Director Bauman stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated August 11, 2021 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by September 17, 2021. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2022. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The list of remaining delinquent utility accounts, as of September 21, 2021 was reviewed by staff. The City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to adopt Resolution #2021-053 —Adopting and Confirming Ouarterly Special Assessments for Delinquent Utilities. A roll call vote was taken. The motion carried (4-0). B. Resolution 2021-054 Adopting and Confirming Special Assessments for False Alarm Charges Finance Director Bauman stated the City Council held a public hearing under Item 8B regarding special assessment certification of delinquent false alarm charges. The City will request that Ramsey County levy the delinquent balances against the properties on which the alarm systems are installed. MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to adopt Resolution #2021-054 — Adopting and Confirming Special Assessments for False Alarm Charges. A roll call vote ii as taken. The motion carried (4-0). C. Planning Case 21-020 — Planned Unit Development Amendment — Bethel University Senior Planner Jagoe stated Bethel University ("The Applicant") is requesting a Planned Unit Development Amendment for a proposed project located on Outlot A ("Subject Property") within the 2 Pine Tree North Plat for a multi-tenant freestanding sign. The subject property falls within Sign District 7. With the recent subdivision of land, the Applicant no longer owns the parcel of ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 7 land where their existing multi-tenant sign is located. The existing sign exceeds the height and sign area as allowed in this sign district. With the construction of a new sign, the Applicant is subject to compliance with the applicable sign district regulations. The Applicant is seeking flexibility to Sign District 4. Senior Planner Jagoe reported the City Council was asked to hold the required public hearing for Planning Case 21-020 under Agenda Item 8C. A full evaluation of the proposed amendment and supporting documents are included in the staff report under Agenda Item 8C. Staff reviewed the request in further detail and offered the following Findings of Fact: 1. The Applicant submitted an application for a Planned Unit Development Amendment. 2. The Subject Property is located within the B-2 General Business District and is guided as CMU, Community Mixed Use on the Land Use Plan. 3. The Subject Property is approximately 1.2 acres and is owned by the Applicant as part of the 2 Pine Tree North plat. 4. The Applicant is proposing an amendment to the approved PUD and CUP to allow a multitenant freestanding sign located on the subject property. 5. The Applicant and New Perspective Senior Living have an approved PUD and shared parking agreement. 6. The PUD Development Agreement for New Perspective Senior Living provides for shared access and specified utilization of the subject property. 7. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. 8. The proposed plan does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Development Plan for the City. 9. A public hearing for a PUD Amendment request is required before the request can be brought before the City Council. 10. The Planning Commission conducted a public hearing on September 8, 2021. Senior Planner Jagoe explained the Planning Commission reviewed this application at their September 8, 2021 meeting. At that time, they recommended approval with conditions of the Bethel University application for a Planned Unit Development Amendment by a 5-0 vote. She reported staff recommends approval of Planning Case 21-020 for a Planned Unit Development Amendment at 2 Pine Tree Drive and Outlot A, based on the findings of fact and the submitted plans, as amended by the conditions in the September 27, 2021, Report to the City Council: 1) All conditions of the original Condition Use Permit and Planned Unit Development shall remain in full force and effect. 2) A separate sign permit shall be required and multi-tenant signage must meet all requirements of City Code Chapter 12. 3) Prior to issuance of a sign permit, the Applicant shall provide City Staff with a written statement from New Perspective Senior Living of their intent to forego a single-tenant monument sign and agreeing to the placement and utilization of the on-premise multitenant sign under the PUD. 4) All signage shall meet the requirements of Sign District 4. 5) The PUD Amendment shall limit Outlot A to only one freestanding sign, regardless of who owns or has an interest in the Outlot. ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 8 Councilmember Scott asked if the proposed exterior lighting would be a concern at this location, especially during the winter months. Senior Planner Jagoe deferred this question to the applicant. She noted externally lit signs were allowed in this zoning district. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve Planning Case 21-020 for a Planned Unit Development Amendment at 2 Pine Tree Drive and Outlot A, based on the findings of fact and the submitted plans, as amended by the conditions in the September 27, 2021,Report to the City Council. Councilmember Holmes requested further information regarding the conditions for approval. Senior Planner Jagoe reviewed the conditions for approval and noted New Perspective Senior Living would not be allowed to install their own single tenant monument sign. A roll call vote was taken. The motion carried (4-0). D. Ordinance 2021-008 Amending Zoning Code Chapter 13 — Section 1325.07, Subd. 6A—Planning Case 20-022—Keeping of Chickens Senior Planner Jagoe stated the City Council was asked to hold the required public hearing for Planning Case 21-022 under Agenda Item 8D. A full evaluation of the proposed amendment and supporting documents are included in the staff report under Agenda Item 8D. The Planning Commission reviewed this application at their September 8, 2021, meeting and have offered the following findings of fact for your consideration: 1. The City of Arden Hills is proposing to amend ordinance language to allow for the keeping of chickens. 2. The proposed ordinance will include amendments to the language of Chapter 13 —Zoning Code of the City Code. 3. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 4. The Planning Commission conducted a public hearing on September 8, 2021 Senior Planner Jagoe reported the Planning Commission reviewed this application at their September 8, 2021 meeting. At that time, they recommended approval of Planning Case 21-022 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to add language to the ordinance to allow chickens coops as an accessory structure in the residential zoning districts and revisions to the City Code amending Section 400.01, Definitions and adding language to Section 410.01, Subd. 3, Chickens License by a 5-0 vote. Staff recommended the Council approve adoption of ordinance and authorization to publish summary ordinance for Planning Case 21- 022 for a Zoning Code Amendment to Chapter 13 and Sections 400 and 410 of the Arden Hills City Code to allow the keeping of chickens in residential zoning districts based on the findings of fact and the September 27, 2021 Report to the City Council. ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 9 MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to approve an ordinance No. 2021-008 for Planning Case 21-022 for a Zoning Code Amendment to Chapter 13 and Sections 400 and 410 of the Arden Hills City Code to allow the keeping of chickens in residential zoning districts based on the findings of fact and the September 27, 2021 Report to the City Council with a language change striking the term single car from Sub 6A, Subsection B so that it reads detached garage. Councilmember Holmes stated she was pleased the City was following the Urban Chicken information, but noted the leg banding was a Council recommendation. She explained the Council believed it would be valuable to have chickens leg banded in the event they were to escape their coop. However, she was second guessing this recommendation now due to the fact the Urban Chicken people did not support leg banding. She suggested the Council discuss this topic further. Councilmember Scott explained the City required vaccinations and tags for other domesticated animals and for this reason, he would support leg banding for chickens. Councilmember McClung reported he supported keeping the language as is. Mayor Grant commented he would like to leave the language in place as well. He understood that the language was not common but would help the City identify missing or stray birds. Councilmember Holmes thanked the Council for their feedback. She asked that the chicken keeping Ordinance be reviewed at a Council work session in one year. Councilmember Scott stated he agreed with the resident that spoke this evening and recommended the number of birds in the flock be raised to at least four but no more than six. Councilmember Holmes explained the Council discussed this topic a number of times'and the idea was to start with three with the understanding the chicken keeping Ordinance would be reviewed after one year. Councilmember McClung stated he was comfortable leaving the number of birds at three knowing this would be reviewed again in one year. Mayor Grant concurred noting the keeping of chickens in general, including the number of birds, could be reviewed in one year. A roll call vote was taken. The motion carried (4-0). MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to Authorize Publication of Summary Ordinance 2021-008. A roll call vote was taken. The motion carried (4-0). ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 10 E. Ordinance 2021-009 Amending the 2021 Fee Schedule in Relation to Chicken License Fees and Zoning Permit (Chicken Coops) and Authorizing Publication of Summary Ordinance Mayor Grant noted that in conjunction with the Ordinance update as discussed in the previous agenda item regarding the keeping of chickens, a fee for a chicken license and a zoning permit would need to be included in the City's Fee Schedule. Councilmember Scott noted the proposed fee was for a two year license to keep chickens. Mayor Grant stated this was the case, noting it was a flat fee, not per bird. MOTION: Mayor Giant moved and Councilmember McClung seconded a motion to adopt Ordinance 2021-009 Amending Appendix A — 2021 Fee Schedule regarding a license for the keeping of chickens and zoning permit (chicken coop) and Authorizing Publication of Summary Ordinance 2021-009. A roll call vote was taken. The motion carried (4-0). 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember McClung congratulated David Swearingen for his new appointment as the City's Public Works Director. He stated he looked forward to working with him in his new position. Councilmember McClung commented the fall cleanup day would be Saturday, October 2 from 9:00 a.m. to 12:00 p.m. at Green Lights Recycling in Blaine. He encouraged all residents to participate in this event. Councilmember Scott congratulated David Swearingen for his new appointment as the City's Public Works Director. Councilmember Scott reported last week a send off breakfast was held for 350 members of the National Guard who were deploying to Fort Riley Kansas. Councilmember Holmes congratulated David Swearingen for his new appointment as the City's Public Works Director. Councilmember Holmes commented the City has been working with the Mounds View High School and the Ramsey County Sheriff's Department to address parking and pedestrian safety. Councilmember Holmes thanked the Rotary Club for painting the hockey rink at Perry Park. ARDEN HILLS CITY COUNCIL—SEPTEMBER 27, 2021 11 Councilmember Holmes suggested the Council approve a Resolution that would set hours for City parks. She noted Ramsey County is discussing changes to their ordinances that would allow County parks to be open 24 hours a day. Mayor Grant explained he has received comments from several residents about opening Tony Schmidt Park 24 hours a day. He indicated after dark there were different things happening within the park and for this reason, he supported the City adopting a Resolution or sending a letter to Ramsey County voicing the City's concerns. Council discussed and directed staff to begin preparing a letter. Mayor Grant congratulated David Swearingen on his new position with the City as the Public Works Director. He reported this year's PMP went very well. He indicated this was a very well deserved promotion. Mayor Grant stated St. Paul Water Authority has removed the watering ban. ADJOURN MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to adiourn. A roll call vote was taken. The motion carried (4-0). Mayor Grant adjourned the Regular City Council Meeting at 8:17 p.m. za/ rAuv/-- W- Juli anson David Grant Cit Jerk Mayor x