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HomeMy WebLinkAboutCC 11-27-2000 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING NOVEMBER 27,2000 . 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p,m, Present: Mayor Dcnnis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem, Absent: None, Also present were City Administrator, Joe Lynch; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; City Engineer, Greg Brown, BRW; City Attorney, Jerry Filla; and Recording Secretary, Nancy Czajkowski, ADOPT AGENDA Mr. Lynch requested Council approval to pull the following agenda items from the agenda: . I. Consent Calendar, D. Authorization to Pursue Requests for Proposals (RFP's), 2001 City Attorney Contract. 2, Unfinished and New Business, 6a, City Logo, item 1, Adopt New Standard Design/Color Scheme, 3, Unfinished and New Business, 6d, New City Hall Project, item 2, Architectural Alliance, Professional Design Services Fee Request. MOTION: Councilmember Aplikowski moved and CounciImember Larson seconded a motion to adopt the agenda for the November 27,2000, regular City Council meeting, as amended, The motion carried unanimously (5-0), APPROVAL OF MINUTES A, October 30, 2000 Closed Executive Session B. October 30, 2000 Regular Council Meeting C. October 30, 2000 Closed Executive Session (Continuation) Councilmember Grant requested the following changes: amendment of the motion on page 9, of the October 30, 2000 Regular Council Meeting minutes, to reflect that the motion was to table acceptance ofthe recommendations, but to leave the Website Task Force in place in order to give the members an opportunity to complete their work. . Councilmember Larson stated on page 2 ofthe October 30, 2000 Regular Council Meeting minutes, in the second line of the first paragraph of the Consent Calendar something is missing in --, ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 2 the sentence wherc Councilmember Rem states "inclusion of sales tax exemption and . Metropolitan Council authority as a priority item". Councilmember Larson requested the following change: on page 4 of the October 30, Regular Council Meeting minutes, in the motion replace the" following reasons" with the "following conditions". Councilmember Larson stated he was confused about page 9 of the October 30 Regular Council meeting minutes in that he remembered taking action with regard to the Association of Metropolitan Municipalities Policies, but that the Council agreed to leave off one policy which was not acted on, Mayor Probst concurred and stated in the minutes the last paragraph of page 9, which continues on page 10, should be amended to reflect that point. Councilmember Larson stated the October 30, Regular Council Meeting minutes should be changed as follows: on page 12, fourth paragraph from the bottom, "1.5 million in unrestricted net assets" should be replaced with "1,5 million in equipment replacement funds under the gcneral category of unrestricted assets", Councilmember Larson requested the following changes: on page 12 of the October 30 Regular Council Meeting minutes, in the first line of the second paragraph from the bottom of the page, . replace "interested" with "interest". Councilmember Rem stated the Closed Executive Session was held in the conference room and not in the City Council chambers. Mayor Probst stated he had the same comments as Councilmember Larson on pages 9 and 10 of the October 30, Regular Council Meeting minutes. He suggested deleting the last paragraph on page 9 and correcting the first paragraph on page 10 to reflect Councilmember Larson's comments. Councilmember Larson asked if the Council goes into a closed session and then reconvenes in open session as stated on page 13 of the October 30 minutes, does the Council have some responsibility to state that they took no action in the closed session, He noted in his previous experience if an action was taken that could be reported than it was reported, Mr. Filla stated it depends what has been discussed in the session, Mr. Lynch stated it was a closed session to discuss litigation, Mayor Probst asked if the Council needs to state why it went into a closed session, Mr. Filla stated the minutes should reflect the Council went into closed session to discuss litigation in court files related to the Lake Josephine and the Vaughan Tower litigation, He noted beyond that . they do not have to say what was discussed and whether or not they took action. He added there are some provisions under the open meeting laws, which may require them to make minutes or tapes public after the litigation is over. ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 3 . Councilmember Larson stated he was thinking of an instance where they went into closed session to discuss joining a lawsuit. He asked if it would be incumhent to state publicly the reason for the session, Mr. Filla stated it should not be a closed session, unless it is to discuss pending or current litigation, He noted pending litigation is when someone has told you they are going to sue you, He added he could provide the file number for the litigation discussed in this closed seSSIOn, MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the October 30, 2000 Closed Executive Session minutes, the October 30,2000 Regular Council meeting minutes, and the October 30, 2000 Closed Executive Session (continuation) minutes as corrected above. The motion carried unanimously (5-0), CONSENT CALENDAR A. Claims and Payroll B, Resolution #00-44, Resolution Adopting and Confirming Annual Special Assessments for Delinquent Utilities C, Authorization to Cancel December 26, 2000 Regular Council Meeting D. (This item was removed,) E. Curbside Recycling Contract, Annual Renewal . MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0), PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. Mr. Lynch noted the City did receive a memorandum regarding a matter on the agenda, Mayor Probst stated they would discuss the memorandum at that time, There were no public comments. UNFINISHED AND NEW BUSINESS A. City Logo 1. Adopt New Standard Design/Color Scheme . This item was removed from the agenda, ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 4 2. Sign Ordinance Recommendations (Banners for 50th Anniversary Celebration) . Ms, Chaput explained that the City Events Committee is planning to have banners attached to utility poles along public streets to acknowledge the City's 50th Anniversary, Staff has reviewed thc City's sign ordinance and found that it was quite restrictive and prohibitivc, Ms. Chaput noted that by adding in or amending the ordinance language, other sign types may be affected or the language may not be exclusive of everything that it should, After consultation, staff decided this request meets the rcquirements of a civic promotion sign (temporary), However, since the banners will not be set back from the right-of-way, stafTrecommends the Events Committee, once they decide the types of banners to be used, make application and appear before the Planning Commission and City Council for approval of their request. Thc Planning Commission plans to revisit this ordinance next year, Mayor Probst asked if they could be declared a civic promotion sign. Ms. Chaput stated the signs would not be allowed in the right-of-way or allowed to be there for more than 30 days, Mayor Probst asked ifthere would be a timing problem, Councilmember Aplikowski stated she assumes they would have to see the Planning Commission in January and she assumes that they would not say no, She added her concern that going before the Planning Commission would disturb the consensus of the Council, which directed them to do whatever they had to do to have the signs, Ms, Chaput stated the Planning Commission has on its workplan to address this banner ordinance, She noted the only other option is to review it right away, . Councilmember Aplikowski stated thc plan was to put up a 30 inch by 8 foot banner and kickoff the celehration sometime the week of February 14, She added they are hoping to pick up samples on Wednesday, Mayor Probst stated another option would be to bypass the Planning Commission and go directly before the Council. He noted since the 50th Anniversary only happens once it would not be setting a precedent. Ms. Chaput stated that was a viable option, Mayor Probst agreed with staff, stating he did not want to change the ordinance. He noted staff needs to check the wind resistance on the light poles, He added this is a rather large sign, which raises a structural issue that must be addressed, He stated this issue could come back before the Council at the December meeting. He noted staff should let the Planning Commission know next week what action the Council has taken, City Engineer, Greg Brown statcd it would he good to know the type of material as well as the fastener strength they are planning to use, Mayor Probst asked if anyone has a problem with this issue going directly to the Council. He . noted someone from the Events Committee should work with staff on the application and the Council would see it on the December II agenda, ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 5 3. Adopt Design for 50th Anniversary Banners . Mr. Lynch presented the design proposed for the 50'h Anniversary banners and the official communications to be presented wherever they do signage announcements as the City enters the course of the anniversary event. The Group would like Council's approval of the design. He noted that it does not have to be exact color scheme as shown on the sample, These colors are the preference of the City Events Task Force, Council concurred on the basic dcsign ofthe 50th Anniversary logo, indicating that the color scheme would be discussed at a Worksession soon, B. Lift Station #8 Reconstruction Project, Project Scope for 2001 Sanitary Sewer Rehabilitation City Engineer, Greg Brown presented the project scope for the 2001 sanitary sewer rehabilitation which is proposed to begin in January of 200 I to utilize winter weather conditions for lift station #8 and trunk sewer rehabilitation work. He describcd the location of the proposed project and advised the current Engineer's estimate for this project is approximatcly $170,000, It was noted the City hudget includes $175,000 for the project. Staff recommends that thc Council authorize staff to advertise for bids for Lift Station #8 rehabilitation, sanitary sewer rehabilitation, and televising work as outlined. . Councilmember Grant asked about replacing the 50 horsepower pumps with a 25 horsepower pump, He further qucstioned the number of pumps, Mr. Brown stated the current plan is to rcplace them with two pumps based on the flow test, but no final decision has been made, Councilmember Rem asked about an odor coming from the system, She noted there would be two 3-inch ventilation pipes and asked if that would be sufficient. Mr. Stafford stated there would not be a spccial system, lIe noted there would be gravity vents, but no special work to treat the system with chemicals, He added some of those systems are quite expensive. He stated there are not a lot of complaints about this lift station. Councilmember Larson asked with the additional capacity how does this lift station compare with the others that have been reconstructed, Mr. Brown responded it is a critical station because the flow is so large, He stated he hopes the sealing of the trunkline coming into it will have a great impact. He hoped keeping down infiltration would buy additional time due to the increase in capacity, Councilmember Grant stated he noticed this would go out on one bid (the lift station, sanitary sewer repair, and televising work), He asked ifthere are ample vendors that could do all three, Mr. Brown responded the lift station work would tend to be a separate company, He stated there would probably be one general contractor and subcontractors for the other parts of the job. . MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to authorize staff to advertise for bids for Lift Station #8 rehabilitation, ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 6 sanitary sewer rehabilitation, and televising work as outlined. The motion carried . unanimously (5-0), Mayor Probst stated once they arc ready to do the work, there nceds to be an effective notification process to neighboring residents, C. Planning Cases 1. Casc #OO-l1b, Zoning Ordinance Amendmcnts, City of Ardcn Hills (Family and Driveway Dcfinitions) a. Ordinance No. 00-322, Amending Ordinance No. 291, thc City of Arden Hills' Zoning Ordinancc Ms, Chaput eXplained that ajoint worksession was held between the Planning Commission and City Council to discuss the proposed zoning amendments that failed from Planning Case #00-0 I, Since action had already been taken on these items at a previous Council meeting, another public hearing was held by the Planning Commission on November 1,2000, Ms, Chaput presented the proposed ordnance amendments by reading the new definitions of Dwelling, Dwelling Unit, Family, and Household, noting that each has been amended to make sense together. The Family definition had come up because of complaints that homes are . becoming dormitories, which raises related issues (i,e" parking, noise, trash, etc.), Ms, Chaput stated that the Planning Commission recommends approval of the proposed changes to the Zoning Ordinance, as outlined in tlle "Proposed Amendments" section of the staff memorandum dated November 2, 2000, Councilmember Aplikowski asked about group homes, Ms, Chaput stated that is a separate definition, Councilmember Aplikowski asked about the number of complaints received, Ms. Chaput stated she has received calls on two specific homes and there is the possibility of another opening up, She noted they do not keep records on all the complaints, but they do get quite a few. She added the issue came up because they were receiving a lot of calls on the Cleveland A venue home, Ms, Chaput explained the driveway specifications, She stated it is specifically to address parking locations on the property. She noted there have been problems with people parking on the grass, She read the construction standards, the driveway section, the section on proximity to lot lines, and the section on driveway access to the street. It was noted no more than three vehicles may be parked on the driveway. Councilmember Aplikowski asked about driveways, which are currently Class 5, Ms, Chaput . stated existing driveways would remain the same unless there are major changes or the location is changed. She noted it would put regulations on new driveways and could stop single family homes from becoming dormitories, ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 7 . Councilmember Aplikowski stated she knows the intent, but the language is "shall be improved", She asked why they no longer offered options, Ms. Chaput stated there were a long list of things that could be classified as paved and they did not want to limit it to just a few types, Councilmember Aplikowski stated this Council has said a Class 5 driveway could stay that way forever. She added she also objects to dropping the language "regularly" parked, She noted she does not agree with limiting the number of cars to three, She added her concern to make these changes for three dorm houses, Ms, Chaput stated "regularly" is pretty hard to enforce, She noted code enforcement is done on a complaint basis and they do not go out on the day the complaint is received, She added that after the visit they send a letter giving the person 10 days to remedy the situation. She stated if the response is that it is a short-term situation due to a family event, then the City tries to work with the family. Council member Aplikowski stated she would listen to the presentation, but did not agree with the number three. Councilmember Grant asked about a clarification on the definition of family, He stated if there is a family with a husband, wife, two kids and a renter boarder, by this definition it would not conform to this definition. Mr. Filla stated if there is concern about adopting this kind of regulation, they have been reviewcd by federal courts and have been found to be constitutional. He notcd he would say a family of people who are related may be of any size, . Councilmember Grant asked about his example, Mr. Filla stated Councilmember Grant has identified a weakness in the language since it would not be one or the other. Councilmember Grant asked if a family took in a college student would they then fall into a group of not more than four. Mr. Filla stated he would read the statute that way. He noted as long as the extra group does not exceed four. He added a family could take up to four other people, He stated the other control would be parking, He noted if a statute could be interpreted more than one way, it would interpreted liberally in favor ofthe property owner. He added if the Council is not happy with the result, they need new language. Councilmember Larson statcd he feels it is restrictive, He noted it is a difficult one to write. Councilmember Aplikowski stated it is her understanding that an adopted or blended family could bc of any number and that they can take in up to three boarders, She noted it is the group that has no connection to one another that could only have four people, Mr. Filla stated the critical point is the perception that a group of people acts differently than a traditional family and that creates parking problems. He noted the City does have the authority to adopt such an ordinance. Councilmcmber Larson asked if "or" should be stricken and "and" be inserted. Mr. Filla stated it . would not be his choicc since it would defeat the whole purpose, He noted they might want to ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 8 expand the first group with a boarder or two, He added the second group is nontraditional. He . stated they are trying to protect the character of neighborhood, Councilmember Larson stated he agreed with Councilmember Grant's interpretation. He noted with a family offour if the number rose to five with one unrelated individual, on the face it would not be allowed. He added he is not concerned with that since they are trying to keep certain types of development out of their area. He stated as Ms, Chaput indicated the City tends to follow up on this issue on a complaint basis, He noted the key is would someone really complain about the use, He added the concern is whether the City has a way to prevent the way some homes are used. He stated this would give the City ammunition to deal with these homes at the start. He noted if there are three renters, then there might be some complaints. Mayor Probst stated a reminder that an ordinance needs four votes for approval. He noted this is the third time this has been discussed, He added it has been through the Planning Commission twice, He stated rather than wordsmithing this language, he would urge approval as proposed, Councilmember Larson stated parking was discussed at the Planning Commission meeting, He noted there are only three vehicles allowed in the driveway, but there is still the garage, Councilmember Rcm stated thc family definition has been back around many times and noted therc are plenty of things on thc record of what is meant by the language, She added she can think of some examples of four cars in a driveway. She stated she hopes these ordinance changes . affect the results hoped for. Councilmember Aplikowski asked if the changes can be taken one at a time, She noted she would prefer that approach, Mr. Lynch statcd the definitions cascade and a change in one affects all ofthem, MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve the proposed changes to the Zoning Ordinance Number 291, Section 2 (D) Definitions, as outlined in the "Proposed Amendments" section of the staff memorandum dated November 2, 2000. The motion carried unanimously (5-0). MOTION: Councilmembcr Aplikowski moved and Councilmember Rem seconded a motion to approve the proposed changes to the Zoning Ordinance Number 291, Section 6 (F), as outlined in the "Proposed Amendments" scction of the staff memorandum dated November 2, 2000, except amending 3 (C), 7 to strike "three" and replace with "four", The motion carried (4-1 Councilmember Larson opposed). MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to adopt Ordinance No, 00-322, Amending Ordinance No, 291, the City of . Arden Hills' Zoning Ordinance, with the amendment in section 3 (C) 7 striking "three" and replacing with "four", The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 9 a. Ordinance Summary No. 00-322, (for publication) . MOTION: Councilmember Rem moved and Councilmembcr Grant seconded a motion to adopt Ordinance Summary No, 00-322 for the purpose of publication. The motion carried unanimously (5-0), 2. Case #00-38, Amending Section IV (A) of Ordinance No. 291, zoning Map (Rezoning Propcrties to Neighborhood Business) Mr. Lynch noted the receipt of the memorandum from the Lindemer family on the proposed zonmg, Ms, Chaput explained that the applicant, the City of Arden Hills, is requesting that Section IV (A) of Zoning Ordinance #291, Zoning Map, be amended to include the Neighborhood Business District. She reviewed the background of this request by explaining that on September 27, 1999, the language for a new zoning district, the Neighborhood Business District, was adopted by the City Council and inserted into the City's Zoning Ordinance. Although the new district and language were adopted, the properties under discussion for this district were not rezoned, Therefore, at this time, there are no properties in the City in the Neighborhood Business District. Ms, Chaput explained that the language for this district was adopted according to Comprehensive Plan and future planning discussions as well as the identification of properties that didn't . necessarily fit into the current zoning districts, The Planning Commission, in Planning Case #99-04, identified and discussed seven sites within the community that should be considered for inclusion into the Neighborhood Business District, Ms, Chaput reviewed the language in Section VII, D, of the City's Zoning Ordinance which outlines the procedural requirements for zoning ordinance amendments and rezonings, Mayor Probst asked if this would affect the existing use in any of the cases and if it is essentially bcing put in place for future redevelopment. Ms, Chaput stated some of the properties are currently vacant so there would be restrictions on future use. She noted the others would be permi ttcd, Mayor Probst stated there is onc location identified for neighborhood business on Highway 96, which previous Councils have been favorable to having it move toward housing. He asked if anything would prevent such a use, Ms. Chaput stated right now it would just be used for business, but there is a public hearing next week on changing it to allow housing in the district. Mayor Probst stated the proposal for this parcel is for townhomes, He asked if the Council should wait until the other changes are ready to make this change. Ms. Chaput stated the two are quite different. She noted this changes the zoning for specific properties and the other is amending the ordinance itself. . Councilmember Larson stated Mr. Lindemer has expressed concern about the designation concerning his property at the Planning Commission meeting, He indicated hc does not know if ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 10 Mr. Lindemer left satisfied or not. He added it was pointed out that Mr. Lindemer would be . allowed to operate as he does now, He stated ifMr, Lindemer is concerned about selling the property but it would probably be more attractive now than it was. He noted he is not sure if all Mr. Lindemer's concerns were addressed, Councilmember Aplikowski asked if Lindey's would be able to change their operation to stay open until later. Ms. Chaput stated it restricts hours of operation, Mr. Filla stated Lindey's and the Big Ten would both be non-conforming uses, which would usually have limited hours of operation. He noted both have liquor licenses, which allow them to operate until 1 :00 a,m, He added under state law any business with a liquor license cannot be restricted any more than any other business with such a license, He stated they have the ability to opcrate until 1 :00 a.m, as long as they renew the liquor license, He noted they might not choosc to do it, but they could, Councilmember Rem stated she could see the sense of applying this zoning to vacant sites, but not on sites that are currently business locations, She noted she is aware it only would affect them if there are major changes, but there is also an issue about allowing dwelling units. She would prefer to table the matter until they can look more into these issues and whether the hours of operation need to be changed, etc, Councilmember Grant stated if that is a motion, he would second it, He noted he would like to . see this come before the Council in a work session, Mayor Probst stated that this has been discussed by the Council on several occasions. He noted it is fundamentally a planning issue and a Comprehensive Plan process, He added it seems to have no affect on an existing business unless there are major changes or it bums down. He stated one of these properties is in play right now for significant changes, He noted he suggests the Council move the matter forward and have the Planning Commission move expeditiously on the dwclling issue, Councilmember Rem stated she recalls from previous planning sessions that the sites would probably be done one at a time, She retracted the motion and noted to apply this zoning to vacant sites is no problem, but given some of the conditions she would like more time to reconsider the affect on the sitcs where the businesses are located, She added she believes housing does affect the sites, Ms, Chaput stated they do have an application coming forward, She noted in order for it to be redeveloped, it would be to the City's benefit for it to be rezoned. She added without the rezoning they would not be able to move forward because of the setbacks, Councilmember Aplikowski asked about the Baptist Conference site. Ms, Chaput stated it is indicated in the Comprehensive Plan to be future business, . MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve Planning Case #00-38, Amending Section IV (A) ofthe Zoning ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 11 Ordinance, Zoning Map, to include the Neighborhood Business District as stated . in Ordinance #315, except for the properties located at 3600 Snelling Avenue and 4703 Highway 10, Councilmember Larson stated this section deals with the items discussed like hours of operation and bicycle racks, He noted the preamble states the Council would make final determination of consistency with this provision, He asked for clarification from the City Attorney, Mr. Filla stated all new construction would have to adhere to the restrictions and requirements. He noted it could also be used as a barometer to see how non-compliant the existing structures are, He added the existing use could be non-conforming on all of them, but would be allowed to continue to cause pre-existing use, He stated the Council is the final determiner of review for an application to comply with the standards. Councilmember Larson asked if Big Ten or Lindey's would be able to continue as they are today, Mr. Filla stated each site has to be considered as they are on November 27,2000. He noted someone should make au inventory of what is there to determine the condition ofthe non- conforming use as the standard for measuring change. He added if they want to add an addition they would need to comply, Councilmember Aplikowski stated that taking more time to look at the properties and see what works for them does not preclude what they would eventually become, She noted the businesses have been there a long time and the Council is limiting them from growing, . Mayor Probst stated this designation gives them more opportunities, Ms, Chaput stated the setbacks arc less restrictive. Mr, Filla stated Lindey' s could expand their hours of operation, He noted cities effectively "take" properties if they adopt overly restrictive regulations, Hc added the standard is whether the property owner is left with reasonable use to the land rather than the best use, He stated the Lindey's site is allowed to do everything they could under the old regulations. He noted the City does not have to leave them with the highest and most profitable use of the land, He added that in many cases history has shown it has increased the value of the land. He stated it is the Council's choice, He noted state law imposes deadlines on bringing zoning into compliance with the Comprehensive Plan. I-Ie added this rezoning has been brought forward to try to address that. Councilmember Larson stated he would like to speak in opposition to the motion. He noted having heard the comments by the City Attorney, it is not clear where the two existing businesses are hurt. He added this rezoning does add some protection, He stated he would like to see these properties prevented from use as a nightclub in an area surrounded by residential properties, He noted thc rezoning would help the properties since they would have additional uses not present under the existing zoning. . Mayor Probst stated hc is torn since he does not want to lose five properties to save two. He noted two members ofthe Council have lived through the experience where the Comprehensive Plan and the zoning do not match. He added this issue has been discussed at length over the past -----..-- ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 12 two years. He statcd he thinks they should move ahead with all seven properties, He noted he . has difficulty understanding the objection of this particular property owner. He asked if the motion fails could another action be taken, Mr, Filla stated if it is at the same meeting, a motion to reconsider must be introduced by a member of the prevailing side, Mayor Probst stated the whole public hearing process has been completed and asked if it would need to be done again if two properties are pulled out. Mr. Filla stated the Council could table two and act on five, He noted there are no time limits since the City is the applicant. Councilmember Grant stated this rezoning does require a four/fifths vote, Councilmember Aplikowski stated ifthe motion fails, it can be brought back to the table when the dwelling language is considered, Mr. Filla stated if they have an applicant, they should take some action if they like the regulations. Councilmember Larson stated he is concerned with the hours of operation, He noted if businesses are allowed to operate between 1 :00 a,m, and 6:00 a.m" it is inconsistent with what they have in the neighborhoods, He added there are restrictions because they did not want uses that go past 11 :00 p,m, He stated he is comfortable knowing this is an overreaching consideration, but the current businesses can still operate the way they are now, He noted if the . members are waiting to see if the language would loosen this, then he is not sure it is consistent with what they wanted to do with this issue, Councilmember Aplikowski stated she is strongly against using regulations to drive a business out of the City, Mayor Probst asked what is the concern that would drive the business out of the City, Councilmember Aplikowski stated she is not saying this would, but it has been used in the past. She stated she knows they are saying the business can still operate as they are now but her primary concern is asking for more time on two properties so they can take another look at it. Councilmemher Grant asked if it was ever the intent to have establishments that serve liquor fitting into the Neighborhood Business District. Ms. Chaput stated she believes bars and rcstaurants do fit. The question was called. Those in Javor (Aplikowski, Grant and Rem), The motion failed (3-2) with Mayor Probst, and Counci1member Larson opposed, Councilmember Aplikowski asked to be convinced that Lindey's would not have to do one single thing differently. . Mr. Filla stated Lindey's could go on as before and expand its hours of operation until 1 :00 a,m, He noted some building additions would be permissible under the new regulations, He added if ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 I3 . anybody is not affected adversely, it would be Lindey's, He stated Lindey's appears not to be comfortable with the non-conforming use continued. Mayor Probst asked if the state liquor laws "tnunp" the zoning, Mr. Filla stated all liquor license holders must be treated equally, Council member Aplikowski asked about the bicycle racks. Ms, Chaput stated it is not a requirement. She noted staff hopes they would put it in, but would not have to unless they revise the site plan, Councilmcmber Aplikowski stated bars should not have bicycle racks, Councilmember Grant asked if the surrounding properties have been notified, Ms, Chaput stated all thc properties within 300 feet havc been notified, Councilmember Larson asked what the zoning is currently for the Lindey's site. Ms, Chaput responded B-2, She stated restaurants can exist in a Neighborhood Business District. She noted the Planning Commission did not think they were losing anything. Councilmember Aplikowski stated having been given assurances that nothing would change for the two businesses in operation, she would make a motion, . MOTTON: Council member Aplikowski moved and Councilmember Larson seconded a motion to approve Planning Case #00-38, Amending Section IV (A) of the Zoning Ordinance, Zoning Map, to include the Neighborhood Business District as stated in Ordinance #315, The motion failed (Councilmembers Grant, Rem opposed), Mayor Probst asked for comments on the opposing view. COlU1cilmember Rem stated part of her discomfort is the way the ordinance is written saying thesc things should be done, Shc noted that basically they would see non-conforming businesses going out of business and becoming conforming. She added she does not have a problem with rezoning the other five sites, Mayor Probst statcd the only issue of non-conformity is the hours of operation and state law on liquor license holders overrides that. Councilmember Grant stated there would be no effect on the properties if they do not rezone them, He noted that ifthey expand the uses it would affect the other properties. Mayor Probst stated his concern with not dealing with these two properties is the Comprehensive Plan. He noted the Comprehensive Plan was approved and went through the public hearing process, He added the plan included these properties being rezoned, He stated he thinks they . should continue down the path since there is no hardship or effect on any of the properties, He noted he is not sure what would cause them to have to come back and revisit these properties, -- ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 14 COilllcilmember Rem asked why this was left so long, Mayor Probst stated it was a sequencing . Issue, Ms, Chaput stated they are still waiting for Comprehensive Plan approval. She noted they left it unchanged since they were not sure the plan was going to pass, She added in addition there were three staff people during that time, Mayor Probst statcd one parcel is in play right now and the parties are looking for this rezoning. Councilmember Aplikowski stated with regard to the way it is currently laid out the new zoning provides more options, Councilmember Larson stated they do not want to drive out the businesses, but to give them more flexibility, Hc noted it gives the City more options on the vacant lots, He added the Council does recognize some restrictions on them, He stated they recognize the value of having neighborhood business as long as it is compatible with the surrounding neighborhood, Councilmember Aplikowski stated with more places like Lindey's it would create community, Couneilmember Grant asked if the Lindey's site is sold, what are the implications for the current zoning, Mr. Filla stated any purchaser would have the same non-conforming rights as Lindey's, . Coul1cilmember Grant asked what if they run a steakhouse, Mr. Filla stated they would have to comply, He noted that clearly not all B-2 uses are allowed, He added the tradeoff is to relax some other provisions. He stated they could expand the size as long as it is a permitted use, He read the uses from B-2 not allowed under the new zoning, Mayor Probst stated they also considered the character ofthe development that would occur. He noted a case could be made that Lindey's fits thc Neighborhood Business District. He added the idea is to relax the parking and setback requirements and to give credits for more pedestrian and public transit friendly development. Councilmember Larson asked what remedy the prevailing parties are seeking, He asked what they want to see differently iftviO are tabled, Councilmember Grant stated he is not sure these sites should be Neighborhood Business District. He noted he has no problems with the vacant propertics, He added they both have liquor licenses, but he sees no compelling reason for them to be changed, Mayor Probst stated the Comprehensive Plan is supposed to be their vision as to where they want to go in the future, He noted it was designed to cover these properties if redeveloped in the future, Councilmember Aplikowski stated once she was assured they could operate, as they are, she felt . it was good for Lindey's, She noted there are several boys in the family business both here and in other states, She added that ifthey want to proceed differently, they have more options with ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 15 this property, She stated it would give the Big Ten site more options to improve and is good for . the City, Councilmember Larson stated if one looks at some of the B-2 uses, they are not compatible with neighborhoods, He noted one such use is fast-food and another is a service station, He added he feels if either was proposed, there would be a battle from the neighbors. He stated if these sites are rezoned, neither of these uses would be possible, Councilmember Rcm stated that she is persuaded by Councilmember Aplikowski. She noted tlley have been given assuranccs that the present uses can continue, She added that clearly they have to have more communication with the property owners. She stated it has been two years and the owners of Lindey's are still unclear. She noted the City needs to give more information on zoning changes which are going to affect properties. Councilmember Grant stated there is some advantage in changing the zoning when he looks long term for tlle use of that property, MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to reconsider the motion and to approve Planning Case #00-38, Amending Section IV (A) of the Zoning Ordinance, Zoning Map, to include the Neighborhood Business District as stated in Ordinance #315, The motion passed unanimously (5-0), . a. Ordinance No. 00-323, Amending Section 4A ofthe City of Arden Hills' Zoning Ordinance Relating to the Re-Zoning of Property Ms, Chaput presentcd Ordinancc No. 00-323, Amending Section 4A ofthe City of Arden Hills' Zoning Ordinance Relating to the Re-Zoning of Property, MOTION: Councilmember Aplikowski moved and Councilmcmber Larson seconded a motion to adopt Ordinance No, 00-323, Amending Section 4A of the City of Arden Hills' Zoning Ordinance Relating to the Re-Zoning of Property. The motion carried unanimously (5-0), 3. Resolution #00-42, Resolution of Commitment to Adopt an Erosion and Sediment Control Ordinance Ms, Chaput presented Resolution #00-42, a Resolution of Commitment to Adopt an Erosion and Sedimcnt Control Ordinance. She explained that this and the following resolution are a result of a conversation with the Metropolitan Council. She stated these are needed for approval of the Comprehensive Plan. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to . adopt Resolution #00-42, a Resolution of Commitment to Adopt an Erosion and Sediment Control Ordinance, The motion carried unanimously (5-0), ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 16 4. Resolution #00-43, Resolution to Complete and Adopt a Stormwater Management . Plan Consistent with the Rice Creek Watershed District Second Generation Plan Ms, Chaput presented Resolution #00-43, a Resolution to Complete and Adopt a Stormwater Management Plan consistent with the Rice Creek Watershed District Second Generation Plan, She explained that the intent is that these plans would be established in one year's time. She stated this is also necessary for approval of the Comprehensive Plan, Councilmember Aplikowski noted the resolution stated the City would enter into a contract on January 8, 200 I and asked if that is enough time, Ms, Chaput stated a proposal is coming in during December and she felt it could be considered at the January meeting, Mayor Probst asked if a date is needed. Ms. Chaput stated the Metropolitan Council wanted a schedule, Councilmember Rem stated she recommends the end of February at the latest. She noted there are already items on the agenda, Ms, Chaput stated the process could take up to a year so the timing is important. Mr. Lynch stated the completion date is probably the important date. Ms, Chaput stated the Metropolitan Council wanted a contract date, . MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to adopt Resolution #00-43, Resolution to Complete and Adopt a Stormwater Management Plan consistent with the Rice Creek Watershed District Second Generation Plan, except the January 8,2001 meeting deadline shall be replaced with the date of the second regular meeting in February 2001, The motion carried unanimously (5-0), NEW CITY HALL PROJECT 1. Rochon Corporation, Payment Application No.2 Mr. Lynch reviewed Payment Application No.2 from Rochon Corporation which regard to the City Hall project which covers the period ending October 31, 2000, It was noted the percentage of the contract amount applied for is 5% (minus a 7% retainagc of $9,766,90), Mr. Lynch stated that City staff recommends payment of Payment Application No, 2 from Rochon Corporation in the amount of $132,847.45, Councilmember Larson asked where the City is on the title transfer. Mr. Lynch stated the document is the hands of the Army Corp of Engineers, He noted he could only assume they have some changes, He added they know ofthe urgency ofthe project. . ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 17 Councilmember Larson asked what the consequence would be if it is not recorded and . questioned if they would need to amend the agreement again, Mr. Lynch stated that would be one step. Councilmember Larson stated his only concern is there is no clear next step to make the Army Corp of Engineers respond, Mr. Lynch asked for recommendations on which he could follow up. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve payment of Pay Request #3 to Rochon Corporation with regard to the City Hall Project in the amount of $132,847.45, Councilmember Grant asked about the 5% retainage, Mr. Lynch stated they are withholding 7%, but the amount applied for is 5% of thc contract amount, He noted the contract calls for retaining 7%, The motion carried unanimously (5-0), ADMINISTRATOR COMMENTS Mr. Lynch stated that he has no comments. COUNCIL COMMENTS . Councilmember Aplikowski stated that they are going to get the banners for the 50th Anniversary if anyone wants to see them. She noted she is attending the Ramsey County League of Local Governments banquet on Thursday, She stated she does have concerns about the number of people that are being interviewed for the Planning Commission vacancy in the time allowed, Council member Rem stated that the Website Task Force would meet on Wednesday night, November 29th,to go over the agenda items, She noted that she thought the Council would set up questions in the same order for the Planning Commission interviews, Mayor Probst stated they did not discuss it, but they do want the interviews to be similar. Councilmember Rem asked when they could get together to discuss questions, Mayor Probst stated his appreciation of former Mayor Woodburn's letter and his offering of thoughts, Mayor Probst stated he is appreciative of getting a schedule of events for the anniversary year, . Mayor Probst stated there would be a Worksession to discuss pursuing the sales tax exemption in cooperation with the other communities, He noted he assumes part ofthe process is to make sure they do not expend efforts in needless duplication, ARDEN HILLS CITY COUNCIL - NOVEMBER 27, 2000 18 . Mayor Probst stated there is an 1-35W Corridor Coalition meeting on Wednesday, November 29, 2000, He noted there is a full agenda and officers for the next two years would be selected, He added the budget for the next year would be discussed, He stated they are recommending communities increase their contribution, but it would be coming back before the Council. Councilmember Larson noted the tentative dates for retreat in Ja1mary, He asked if they could consider a different facilitator to have a different perspective, He noted Mr. Jim Brimeyer's performance in conducting interviews a11d indicated he felt Mr. Brimeyer's would add pcrspective since he has been both an administrator and a council member. Mayor Probst stated the City has worked with Mr. Brimeyer's in the past. He noted one is in the hiring process and one is on a retreat. He added they have worked with three different facilitators, Councilmember Aplikowski stated it depends on what they are looking for. Mayor Probst statcd that its purpose is team building and working with staff. Councilmember Larson stated there are probably many possible facilitators available, Council member Aplikowski stated the lady who has helped with the personnel problems would . be good, She noted there is something to having a new person, Mr. Lynch stated that no contract has been signed, but due to scheduling there may not be time to obtain someone else, Councilmember Larson stated that he has no objections but thought it might be interesting to have another person this year, Councilmember Aplikowski stated that they could go ahead as planned this year and consider it later for the next retreat. Councilmember Rem stated that the second set of dates in January are better for her schedule, Councilmember Aplikowski asked for an update from Mr. Post. Mr. Post stated he met with Mr. Rick Cox regarding the triangle property on County Road D and New Brighton Road, He noted that the neighborhood information meeting was very positive and they are considering a seven- unit apartment building with minimum retail. He stated that structured parking is in the preliminary plan, Mayor Probst asked if they would request any other financial support. Mr. Post stated it was discussed, He noted there is a purchase agreement contingency. He added neighbors have . indicated there are two underground steel tanks on the site, He noted if contamination is found, there may be a request for a reduction in price, ARDEN HILLS CITY COUNCIL - NOVEMBER 27,2000 19 ADJOURN . MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 10:15 p,m, The motion carried unanimously (5-0), 441l t{C"t~ Dennis Pro15st Mayor NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, December II, 2000 at 7:30 p,m. at the Arden Hills Council chambers, . . - --------------...-- - ------------ ---