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HomeMy WebLinkAboutCC 11-29-1999 MINUTES CITY OF ARDEN HILLS, MINNESOTA CITV COUNCIL MEETING . NOVEMBER 29, 1999 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 Dennis Probst, Councilmembers Beverly Aplikowski, Gregg Larson, Paul Malone, and Lois Rem. Absent: None Also present were City Administrator, Joseph Lynch; City Accountant, Terrance Post; Public Works Director, Dwayne Stafford; Associate Planner, Nancy Randall; City Engineer, Greg Brown, BRW; and Recording Secretary, Lori Rolfson. ADOPT AGENDA MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a . motion to adopt the agenda for the November 29, 1999, regular City Council meeting. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. November 8, 1999 Regular Council Meeting B. November IS, 1999 Council Worksession Councilmember Larson requested the following changes to the November 8, 1999 minutes: On page 4, second paragraph, the last sentence should read, "...was proposed to be placed..." On page 15, last paragraph, first sentence, the word "inert" should be changed to "N. U .R.P." On page 17, third paragraph, the second sentence should read, "...borrowing State Aid !;.ould result.. " Councilmember Malone requested the following change to the November 8, 1999 minutes: On page five, third paragraph, the fourth sentence should read, "...would require excavation across the entire parking lot.." Councilmember Rem requested the following change to the November 8, 1999 minutes: On page 22, the third paragraph should read, "Councilmember Rem stated that she was also planning to attend the Alcohol and Crime Conference on hehalf of her emplover. Mayor Probst asked . how much registration for the Human Rights conference cost. Councilmember Aplikowski stated that the registration cost was $95. Mayor Probst stated that it would be acceptable for Councilmember Rem and Ms. Shah to attend that conference." ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 2 Mayor Probst requested the following change to the November 8, 1999 minutes: On page II, . fifth paragraph, the word "to" should be removed from the end ofthe first sentence. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve the minutes of the November 8, 1999 Regular Council Meetings, as amended, and the November 15, 1999 Council W orksession, as submitted. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Authorization to Cancel December 27, 1999 Regular Council Meeting C. Resolution #99-42, A Resolution Opposing Proposed Legislation to Remove Local Authority of Franchised Cable Companies D. Resolution #99-43, A Resolution Changing Corporate Authorization E. Resolution #99-44, A Resolution for Transfer of Funds by Telephonic Instructions F. City Events Task Force, Appointments G. Residential Water Meter Installation Project, Authorization to Execute Contract H. Operations and Finance Committee Recommendation, "No Parking During School Hours," Chatham Avenue I. Abdo, Abdo, Eick and Meyers, Authorization for 1999 Audit Agreement . With regard to item C, Resolution #99-42, Mayor Probst stated that he had issues with the recommendation and requested that this item be removed from the Consent Calendar and be considered as the first item under Unfinished and New Business. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to approve the Consent Calendar, as amended, 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. With regard to proposed Resolution #99-42, Mr. Craig Wilson, 1677 Lake Valentine Road, asked what proposed legislation this Resolution addressed. Councilmember Malone explained that Resolution #99-42 addressed legislation that would stop the ability oflocal governments to regulate franchised cable companies and to charge taxes to these franchises. Mr. Wilson confirmed that the proposed legislation would be the rewrite of Minnesota State Statute Chapters 237 and 238. Mr. Lynch stated that the proposed legislation would repeal Minnesota State Statute Chapter 238. . Mr. Wilson confirmed that the City of Arden Hills was opposing the idea of giving up the local franchise authority. Mayor Probst stated that this was correct. ARDEN HILLS CITY COUNCIL - NOVEMBER 29,1999 " j . Mr. Wilson stated that he had met with the Cable Commission to discuss access issues, and has testified before Joint Telecommunication Committees. He indicated that he has been following the bill to rewrite the State Statute for some time and was concerned by the City of Arden Hills standing in opposition to the legislation before the rewrite is complete. He understood that the City does not want to lose its local authority, however, he felt the authority might be best given up in return for other items the legislation may provide. An attorney representing many Cable Commissions has indicated that, due to the activities of the telecommunication and cable industries, he was inclined to agree that it might be worth while for local governments to give up the authority in return for not having to deal with upcoming issues. Litigation cases have begun to arise throughout the country and the concern is that these issues will eventually get down to the individual city level and there will be many lawsuits. Mr. Wilson stated that it was not fair that the telecommunications field was not level. Telecommunication companies that began as telephone companies are subject to certain regulations and taxes. These taxes and regulations are different for wireless and cable companies. At this time, cable companies are providing Internet access and local dial tone in addition to cable services. Additionally, telephone companies are providing Internet access, cable and movies. These companies are all competing within the same market, however, they are not competing under the same rules and are not being taxed equally. Councilmember Malone stated that he understood the Cable Commissions do not want to lose . revenue. However, the City of Arden Hills wants to maintain its local authority over franchised cable companies. During a recent fiber optics npgrade the City had received numerous complaints from local citizens about their yards being dug up. The blame for these problems was placed upon the City and the concern for the City was that it must deal with the infrastructure issues. Councilmember Malone stated that he was not sure that the State of Minnesota would be able to effectively control these issues. Mr. Wilson stated that the proposed Bill did not remove the local control over infrastructure. The proposed legislation prohibits discrimination against telecommunication companies and requires that all fees must be applied evenly. Councilmember Malone noted that these fees camlot be assessed to Northern States Power Company or US West. Mr. Wilson stated that the proposed regulations state that the fees must bc applied evenly across the board. UNFINISHED AND NEW BUSINESS A. Resolution #99-42, A Resolution Opposiug Proposed Legislation to Remove Loeal Authority of Franehised Cable Companies Mayor Probst stated that he supported the proposed Resolution for a number of reasons. In addition to the concerns expressed by Councilmember Malone, Mayor Probst expressed concern abont the continued erosion of community rights as it relates to State Government controls. . Although he may be willing to consider some sort of legislation, he was not supportive of the current proposed legislation on the table. ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 4 Mayor Probst stated that one reason he wished to discuss the proposed Resolution was that the . recommendation discussed sending the Resolution with correspondence din;ctly to local legislators, as well as having an official attend the Senate Sub-Committee meeting on Tuesday, December 14, 1999. Rather than dealing with this item under the Consent Calendar, he felt that the City Council should specifically discuss the recommendation. Councilmember Aplikowski expressed concern that if the City was not allowed some control rights, it would end up with no rights at all. She felt that allowing cable companies to come and go as they please would be a bad situation. Councilmember Malone concurred. Councilmember Larson felt that it might be premature to take a position on legislation that has not yet been formally introduced. He suggested that the Resolution be amended to state that, in the absence of an acceptable alternative, the City must retain its authority. He was concerned that during the Legislative session an acceptable alternative may come up. Mayor Probst stated that he would not have a problem with amending the Resolution as proposed. Councilmember Larson confirmed that the last paragraph of Resolution #99-42 would be amended to state, "...ofthe City of Arden Hills, Minnesota, in the absence of any acceptable alternative, that the City must retain its authority..." Council member Rem concurred with Councilmember Larson. She indicated that she had questioned the appropriateness of the City making such a strong statement without knowing the . final contents of the Legislation. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to adopt Resolution #99-42, A Resolution Opposing Proposed Legislation to Remove Local Authority of Franchised Cable Companies, as amended. The motion carried unanimously (5-0). Mayor Probst asked for a consensus ofthe City Council regarding the distribution ofthe Resolution and whether or not a Councilmember was willing to attend the Senate Sub- Committee meeting, or if a City staff member should attend the meeting. Council member Larson noted that Mr. Dave Sand was the City's cable representative. COlillcilmember Aplikowski stated that she would be available to attend the Senate Sub- Committee meeting. Councilmember Malone suggested that staff contact Mr. Sand regarding thc meeting. Mayor Probst confirmed the approval of sending the Resolution to the local legislators. The Councilmembers concurred. . ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 5 . B. Planning Cases 1. Case #99-22, City of Arden Hills, Civic Center Zoning District and Rezoning Ms. Randall explained that the City of Arden Hills was requesting the creation of a Civic Center Zoning District and rezoning of a portion of the TCAAP for the Civic Center District. The City Council, at their August 30, 1999, regular Council meeting, accepted a proposal from McCombs, Frank, Roos, and Associates for planning services associated with the creation of a Civic Center Zoning District. Ms. Randall presented a map showing the parcels being proposed for rezoning, currently zoned R-l and 1-2, and pointed out the City of Arden Hills and Ramsey County portions. McCombs, Frank, Roos, and Associates had prepared a draft Ordinance which was discussed at the November 3, 1999 Planning Commission meeting. The Planning Commission made several changes that evening. Because of the number of changes, the Planning Commission requested to see a draft prior to submittal to the City Council. Staff mailed a draft to the Planning Commission on Friday, November 12, 1999, for review. Staff did not receive comments from the Planning Commission and assumed that the Planning Commission had no concerns with the changes that were made to the draft Ordinance. . The Planning Commission recommended approval of Planning Case #99-22, approving a Civic Center Zoning District, as modified by the November 3, 1999 discussion, and Rezoning for a portion of the TCAAP property. Ms. Randall advised that staff recommends the City Council approve Planning Case #99-22 and direct staff to modify the Zoning Ordinance with the condition that the rezoning take effect after the Metropolitan Council adopts the Draft Comprehensive Plan and a legal description depicting the exact area being rezoned be added to the Ordinance for publication. She stated that BRW was preparing the legal description for the area to be rezoned. It was her understanding that it would be possible to adopt and publish the portion ofthe Ordinance that would create the actual Ordinance change. However, the City would have to delay the rezoning ofthe property pending the legal description of the parcel and the Metropolitan Council review of the Draft Comprehensive Plan. Ms. Randall stated that this process was similar to the creation of the Neighborhood Business District. That Ordinance has been adopted, however, no parcels have been formally rezoned at this time. Ms. Randall noted that a four-fifths majority of the full City Council was required for action to amend the Zoning Ordinance. Due to the fast pace at which this Ordinance was created, Ms. Randall suggested that the City Council consider a future review of the City Center Zoning District. She indicated that a more . extensive study would normally have been done and felt that the City should take a closer look as some of the details, such as consistency with the lighting. She also suggested that the study be broadened to include the land surrounding the proposed Civic Center Zoning District. ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 6 . Ms. Randall stated that she had provided McCombs, Frank, Roos, and Associates with these suggestions. The consultant has indicated a willingness to pursue further study, or, if the Council chose, staff could create an additional request for proposal to perform the study. She invited Ms. Meg McMonigal, McCombs, Frank, Roos, and Associates, to review the draft Ordinance. Mayor Probst confirmed that thc area ofland being proposed for rezoning was consistent with the Comprehensive Plan. Ms. Randall stated that this was correct. Ms. McMonigal stated that work on the proposed Civic Center Zoning District began with the review of the City of Arden Hills' Comprehensive Plan and TCAAP Reuse Plan. She stated that she worked closely with City staff and had visited the site early in the process. Ms. McMonigal explained that all uses listed within the Civic Center Zoning District were proposed to be special uses, with the exception office which would be permitted. The list of uses was generated from the general parameters outlined in the TCAAP Reuse Plan and the Comprehensive Plan. The intent was for small retail uses, some multiple residential, civic and institutional uses, and entertainment. Office uses were viewed to have the least impact on surrounding uses and were included as permitted uses. Special uses require a public hearing and public notice in order for each use to be reviewed as it is proposed. Ms. McMonigal stated that Zoning Ordinances are prescriptive by nature, which means that the . listed uses are allowed and all other uses are not allowed. The City of Arden Hills goes one step further in that it also lists prohibited uses within the Zoning Ordinance. The prohibited uses within this Ordinance included outdoor storage of equipment, vehicles, and materials; towers for telecommunications; open sales, rental or storage lots; fast food establishments; drive-in businesses; single and two-family housing; gasoline service stations; casinos; and uses that the City may determine are incompatible with its objcctives. Councilmember Malone noted that at the Planning Commission meeting comments had been made regarding the stacking of materials for outdoor storage. He requested clarification regarding these comments. Ms. McMonigal stated that vehicles and equipment had been added to the staging area special requirements section in order to clarify that the staging areas must be free of these items at the close of each business day. Councilmember Malone asked if comments had been made at the Planning Commission meeting regarding the stacking of material. Ms. Randall stated that the Planning Commission had discussed the staging of equipment and materials, not stacking. Councilmember Larson asked if the restriction to not store equipment and vehicles outside will causc issues with Ramsey County's proposed Public Works facility. He noted that both the Ramsey County facility on Rice Street and the Hennepin County facility store vehicles and equipment outdoors. Ms. McMonigal stated that other Public Works facilities had been reviewed and Hennepin County houses most equipment indoors, however, some equipment is stored . outside, as well as some materials which are left outdoors for a short period of time. She indicated that, while most public works facilities try to store items outside, some do store everything inside. ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 7 . Councilmember Malone stated that the new Zoning District should begin with some firm restrictions. If the restrictions become an issue for future development, they could be dealt with on a case-by-case basis. Councilmember Larson noted that the storage of vehicles, equipment and materials was considered a prohibited use. He asked if the City would be able to compromise on a prohibited use. Ms. McMonigal stated that in order to allow a use that was prohibited the Ordinance would have to be changed. Mayor Probst asked if a variance could be used to allow an otherwise prohibited use. Ms. McMonigal stated that the Minnesota State Law does not allow variances for prohibited uses. Councilmember Aplikowski ifthere was a difference between the definitions for a drive-in business and a drive-thm business. Ms. McMonigal stated that she was not sure if the Ordinance included a definition for drive-in businesses. However, she believed that a drive-in business would include a drive-thm, such as a fast-food restaurant. Councilmember Aplikowski noted that there were many ditlerent types of drive-in businesses, such as dry cleaners and grocery stores. Ms. McMonigal indicated that the restriction on drive- in businesses was aimed at a business that would involve the stacking of vehicles. Ms. Randall stated that the definition for drive-in businesses are establishments at which people do not have to leave their vehicles to do business, including drive-in banks and drive-in laundry or dry cleaning. The definition does not included businesses where accommodations such as prepared food, beverages, or dairy products are sold. . Councilmember Larson noted that mixed residential type uses was listed as a special use. He asked what a mixed residential type use would be. Ms. McMonigal stated that mixed residential uses could be a variety of residential type uses in one building, or it could be a mixture of residential with commercial uses. She noted that single-family uses would be prohibited. Mayor Probst confirmed that a mixed residential use could include a building with a commercial business on the main floor with residential housing on upper levels. Ms. McMonigal stated that this was correct. Councilmember Aplikowski asked why multiple family uses would be allowed in the Civic Center Zoning District. Ms. McMonigal explained that the Planning Commission had discussed allowing senior housing or apartment uses mixed with commercial businesses in one building. Additionally, the TCAAP Reuse Plan had initially envisioned some residential uses within the Civic Center Zoning District. With regard to the Special Requirements section, Ms. McMonigal stated that the Ordinance addressed staging areas, stating that staging areas shall be free of materials, equipment or vehicles at the close of each business day. Another special provision within this Ordinance included fencing, which stated that, iffences are for landscape screening they must conform with the following: . 1. No higher than six feet in rear yards and no higher than 36 inches in front yards. 2. No barbed wire, razor wire, or spikes allowed. ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 8 3. Fences must blend into the landscape. Wood, brick, stone or wrougbt iron are . encouraged. If chain link is allowed by the City Council, it must have black or dark green vinyl coating. 4. All other requirements of Section VI.E. must be followed. CounciImember Aplikowski stated that she disagreed with the requirement that chain link fences be vinyl coated. She indicated that this was not a requirement anywhere else in the City and she questioned the purpose of the restriction in this Zoning District. Ms. McMonigal explained that aesthetics had been taken into consideration and the intent was to discourage non-decorative fencing. Councilmember Malone pointed out that this was a special restriction that would not necessarily apply to residential areas. He did not see the requirement of vinyl coating chain link fences as a problem since the aesthetics of this Zoning District was important. CounciImember Aplikowski noted that the fencing currently in place on the Army National Guard property was not aesthetically pleasing and would surround the Civic Center District. She asked if the City would have control over this fencing and ifit would be subject to compliance with the Ordinance. Councilmember Malone stated that since the fencing was on the National Guard property, the City would not have control over it. Ms. McMonigal concurred and indicated that the restrictions within the Ordinance would apply to any new construction in the Civic Ccnter District. With regard to building exteriors, Ms. McMonigal indicated that the Ordinance stated exterior . building materials sball be of brick, stone, glass or any combination thereof. The Planning Commission had discussed limiting the percentage of glass to bc used, however, a final decision had not been made and this portion of the Ordinance had not been changed. The Ordinance provided more detail and attention to exterior lighting and required any development proposal to include a lighting plan. Ms. McMonigal highlighted other issues that were raised at the Planning Commission meeting. Under the landscaping and screening special requirements section, item number four required that special attention to screening from roadways must be given. Screening along Highway 96 must be consistent in appearance and materials. Ms. McMonigal noted that the Ordinance did not define what these materials must be in order to be consistent. Additionally, item number five stated that special attention must be given to the Gateway entrances at Highway 96 and Hamline A venue, and at Highway 96 and Lexington A venue as specified in the community gateway study. Ms. McMonigal stated that requirements for consistency may actually be Public Works issues. She was not sure if these requirements should remain a part of the Ordinance, or whether the word consistency should be replaced with a more appropriate term. One other option would be to define the word consistency in the Ordinance. Mayor Probst pointed out that it was likely for tbe new City Hall to be the first development within the Civic Center District. He indicated that this development will establish the baseline for the consistency standards. Although the new City Hall development may not address every . requirement, it will provide a starting point to definc the expectations of the District. Ms. McMonigal agreed that the consistency requirements of the Ordinance will make more sense once the City Hall is constructcd. ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 9 . With regard to building setbacks, Ms. McMonigal stated that the Ordinance required a 60-foot setback from State Highways or County Roads. The building setbacks from State Highways or County Roads are measured from roadway easement line, rather than the center of the road. She added that the new City Hall will bc setback 60- feet from the roadway. With regard to parking setbacks, the Ordinance stated that parking between the front of the building and the roadway is not permitted. Ms. McMonigal stated that this issue had been discussed by the Planning Commission and the intent was for buildings to be set closer to the streets, with no parking lots between the streets and buildings, for a downtown effect. The parking would be along side, or to the rear of the building. The Ordinance would require a 20- foot building setback from the roadways to allow some green space between the roadways and the buildings. Ms. McMonigal stated that the Planning Commission had discussed two separate sets of development standards, downtown and traditional. The downtown standards allowed reduced setbacks for buildings to bring the buildings closer to the front. Lot sizes and minimum landscape lot area in the downtown standards were reduced and the lot covered by structure was increased. The Planning Commission had recommended the downtown set of development standards, with some modifications. Mayor Probst stated that he had some conflicts with what was being accomplished. He indicated . that the proposal was for more of a town center development with two or three story buildings containing commercial on the first floor and residential on the upper floors. This seemed to him to be a down-sizing of the suburban model, not an urban town center model. He asked if other urban centers, such as Celebration, had been studied. Ms. McMonigal stated that, although she had visited Celebration, other urban centers had not been given a great deal of study. She had discussed with staff and the Planning Commission that the next step should be for additional study on the actual model of a downtown area. It was her belief that the City should take the time to consider items such as setbacks and the layout of the streets Mr. Post noted that steps to tinalize this portion of the Civic Center Zoning District were not timc critical since the Army National Guard will control the majority of the property for several years. Additionally, the only immediate uses that were proposed were the City Hall and the Ramsey County Public Works facility and the actual Civic Center area may be more of a long term vision. Mayor Probst concurred. With regard to the previous concern of prohibited uses, he indicated that the immediate projects which will occur within the next couple of years will deal with the issues that have been discussed. He indicated that it was likely issues will arise with Ramsey County regarding outdoor storage. . If the intent of the Civic Center Zoning District was to create a town center atmosphere, it will need to include active, vital pedestrian triendly spaces. In order to accomplish this, the ARDEN HILLS CITY COUNCIL - NOVEMBER 29,1999 10 . Ordinance would need to consider zero lot lines and smaller parcels, although this type of development may not be appropriate over the entire property. He felt that the intent of this process would be to place controls over the immediate projects while continuing to look with more detail into how the town center notion will layout and reorienting some of the restrictions. Councilmember Larson stated that he had a difficult time visualizing how the goal of a downtown center will be accomplished. He noted that other cities with this sort of development start out in a different manner. He felt that in order for the City of Arden Hills to develop a downtown center, it would have to begin with a large planned unit development, rather than allowing the center to simply fill out. It was his belief that with too much flexibility, the Civic Center District will not have the appearance that was visualized. Councilmember Larson was not sure if the City should be attempting to zone the District in such a way that it could be developed by individuals, or ifthe town center area should be set aside for one developer with a larger vision of the outcome. He asked if the District could be zoned for a planned unit development. Ms. McMonigal stated that this could be done. Councilmember Larson stated it was unlikely that the City will achieve its objectives for the Civic Center District if the area is developed by many different individuals. Ms. McMonigal stated that it may be possible for the City to have a definite plan in place and put out a request for proposal for a developer to take on the entire area. However, the intent at this point would be have something in place in the event the area does develop individually. . Councilmember Aplikowski stated that she had a difficult time visualizing an urban center around the City Hall. It had been her understanding that the Civic Center District would include businesses such as a City Hall, libraries or police department. Because of this, she was having a difficult time with the parking restrictions. She asked if the proposal for the new City Hall will comply with the parking restrictions. Ms. McMonigal stated that the parking for the new City Hall would be to the side of the building. Councilmember Aplikowski noted that the employee parking was proposed to be on the Highway 96 side of the building. Ms. Randall pointed out that the City Hall building will not face Highway 96. Givcn the fact that this was a fluid situation that was subject to change, Councilmember Malone stated it was likely that the City would be reviewing and modifying the Zoning District requirements. Therefore, the initial intent was to place strict controls on the land to ensure the land is developed in the best interest of the City. It was his belief that the layout of the proposed Ordinance accomplished this intent. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to approve Planning Case #99-22, Civic Center Zoning District, as modified by the November 3, 1999 Planning Commission discussion, and direct staffto create Ordinances with the condition that the rezoning take effect after the Metropolitan Council adopts the Draft Comprehensive Plan and a legal description depicting . the exact area being rezoned be added to the Ordinance for publication. ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 II . Mayor Probst requested confirmation that the proposed City Hall was verified to meet the requirements of the Civic Center Zoning District. Ms. Randall stated that she believed the proposed City Hall met the requirements and that she would verify this prior to publishing the Ordinance. If the Ordinance is adopted, Councilmember Larson asked what the next step will be in the process. Ms. Randall explained that the Ordinance will brought back to the City Council in its final form for approval under the Consent Calendar. From that point, there will be a two step process. Step one will be the creation of the Ordinance language into the Zoning Ordinance. The second step would be the actual rezoning of the parcel. The rezoning will have to be delayed until the Mctropolitan Council adopts the Draft Comprehensive Plan and the legal description is created. The Ordinance can be adopted providing the Ordinance specified that those conditions be met prior to publishing. Mayor Probst confirmed that the legal description was in process. Mr. Brown stated that the legal description may be completed this week and available for the next City Council meeting. Ms. Randall noted that the Ordinance could thcn be ready for publication, pending a response from the Metropolitan Council. The motion carried unanimously (5-0). 2. Case #99-23, Arden Hills Jack II, LLC, 2015 Gateway Boulevard, Planned . Unit Development Amendment Ms. Randall explained that the petitioner was requesting approval of an amendment to the planned unit development to add vehicle parking spaces on the north side of the building, in the loading dock area. On July 14, 1997, the City Council approved Planning Case #97-06, Planned Unit Development Master Plan and Final Plan (including variances), preliminary and final plat, and street vacation for the construction of three office/industrial buildings. The parking was originally designed to accommodate 20 percent office and 80 percent warehouse. The applicant was proposing to have 34 percent ot1ice and 66 percent warehouse for the entire building. Although the percentage is figured for the building as a whole, the owner had concerns renting to one tenant at a greater level than the 20 percent, which would place a restriction on the rest of the building. The owner was asking the potential tenant to secure the required parking so the rest of the building can still be leased at the 20 percent office ratio. At this time, the applicant does not plan to construct the proposed parking in the loading dock area and off Round Lake Court, however, there are several vacant spaces within the building and, once filled, the parking may be required. Staff was comfortable with the proof of parking being shown now and striped as needed. . Staff had some concerns with the original proposal. The parking may cause difficulty for a semi- driver using the fourth stall from the east. Staff had created an alternative plan, Exhibit B, by ARDEN HILLS CITY COUNCIL - NOVEMBER 29,1999 12 . adding eight parking spaces to the parking area off of Round Lake Court, eliminating two parking spaces, and changing some of the parking stalls from perpendicular to parallel so the semi-drivers should not have any problems maneuvering around the parked vehicles. Staff also modified the parallel parking to 20 feet in length were the applicant proposed 24 feet. The Minnesota Building Code rcquires seven bandicap spaces for the proposed site. The original plan only required six handicap spaces. The applicant has added one space in the front of the building to accommodate the requirement. The Planning Commission recommended approval of Planning Case #99-23, planned unit development amendment, to add vehicle parking spaces on the north side of the building, with the following conditions: 1. One handicap parking space be added to the east side ofthe existing handicap parking. 2. The parking be constructed as needed per City staff request. 3. The parking in the loading dock area be removed when this tenant vacates the building. 4. The bay doors are not to be used once the parking in the loading dock area is in place. 5. The areas between the parking and building be striped for no parking. After reviewing interior plans, staff discovered the tenant would have one usable dock door, the fourth door from the east. The space the tenant will use is slightly larger than that shown on the . site plan. The percentage of office for the building as a whole would be 34 percent office and 66 percent warehouse. The tenant that would bring the office percent up from 20 perccnt would be at approximately 72 percent office and 28 percent warehouse. Mayor Probst confirmed that the request was essentially for proof of parking. Ms. Randall stated that this was correct. She indicated that the proposed tenant may not need the additional parking. The intent of the applicant was that, if the other two tenants were to leave the building, he would be able to advertise these spaces at the 20 percent office ratio. Mayor Probst confIrmed that the construction of the parking would only require striping. Ms. Randall concurred. However, she noted that the eight additional parking spaces to the north east would have to be constructed. Staff has recommended that this area remain natural landscaping until such time that the parking is needed. Councilmember Rem asked if the applicant had reviewed and accepted staffs alternate plan. Ms. Randall stated that staff had submitted the alternative plan to the applicant, however, the applicant has not responded to this plan. She has assumed that the applicant does not have any issues with the alternative plan. . Councilmember Larson asked if the building was currently short parking spaces. Ms. Randall stated that there wcrc currcntly only two tenants in the building and the building was not short any parking spaces at this time. ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 13 . Councihnember Larson stated he did not understand the purpose ofrequesting additional parking at this time. He asked why the applicant did not wait until there were more tenants that require additional parking spaces. He noted that this was the same building for which the City Council recently reviewed the dumpster facility. At that time, the Council was looking for information from the Welsh Company regarding how the parking Jot will be used for multiple tenants. It was his belief that the issue of additional parking should not be discussed until there is a problem that needs to be addressed. He would prefer that the Welsh Company discuss with the City Council how the parking lot could be better utilized. Ms. Randall stated that she had spoken with a representative of the Welsh Company regarding the dumpster issue. She relayed the message that the City wanted to see a consistent plan to handle the garbage needs of the tenants. The Welsh Company was hesitant to consider this building since there are separate tenants in place at this time. The other building on the property was still vacant and the owner had indicated that they will work to create a better plan for garbage disposal. Ms. Randall stated that she would follow up on this issue and inform the owner that the City is serious about this issue. With regard to the parking issue, Ms. Randall explained that the tenant that plans to lease the space had some reservations bccause the Welsh Company did not want to approve them for more than their share of parking with more than 20 percent office. The proposed tenant was concerned that their lease may be cut short when the rest of the building fills out because they would not . have adequate parking and may be forced to move out of the building prematurely. The proposed tenant felt more comfortable signing a long term lease ifthey could secure the adequate parking now. Councilmember Larson stated that he would prefer for the owner of the building to request a change in the office to warehouse ratio percentage and indicate how the rear lot may be changed to accommodate this. He felt that this piece-meal approach was not the best way to plan for space around the building. Mayor Probst expressed his frustration that the Welsh Company chooses to not attend the City Council meetings when issues at their development are discussed. He indicated that the reason he was not concerned about this request for proof of parking was the fact that the parking area was already asphalt and adding parking spaces would only require striping. He agreed, however, that the owner of this development was not dealing with problems in a comprehensive manner. Councilmember Malone noted that the owner of the development would most likely prefer to rent the building to one tenant. However, since this is not economically possible, they must deal with the parking issues as they arise. He did not see a problem with the request to paint striping on the existing asphalt, if the parking is needed. Councilmember Aplikowski asked if a trash dumpster will be located in one of the bays behind . the building. Ms. Randall stated that the tenant does plan to have a dumpster located in the rear of the building. She noted that, since the trash being generated by this tenant will be minimal, the applicant has discussed sharing the trash removal with the other tenants. ARDEN HILLS CITY COUNCIL - NOVEMBER 29 1999 14 , . . . MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve Planning Case #99-23, planned unit development amendment, to add vehicle parking spaces on the north side of the building, with the following condi ti ons: 1. One handicap parking space be added to the east side of the existing handicap parking. 2. The parking be constructed as needed per City staff request. 3. The parking in the loading dock area be removed when this tenant vacates the building. 4. The bay doors are not to be used once the parking in the loading dock area is in place. 5. The areas between the parking and building be striped for no parking. The motion carried (4-1, Councilmember Larson opposed). C. Resolution #99-40, Receiving Feasibility Report and Calling for Public Hearing in the Matter ofthe 2000 Street Improvement Project Mr. Stafford explained that, at its November 8, 1999 meeting, the City Council reviewed the Preliminary Feasibility Report in the matter of the 2000 Street Improvement Project. The . Council had asked that revisions be made in several areas. Some of these issues were related to cost and the Council made several suggestions that would enable cost reductions for the affected residents. The City Engineer has addressed these issues and has included them in the revised Feasibility Report. Mr. Stafford advised that staff recommends adoption of Resolution #99-40, Receiving Preliminary Report in the matter of the 2000 Street Improvement Project; and that the City Council authorize staff to hold an informational meeting on the proposed improvements on November 30, 1999, and hold a public hearing on the proposed improvements in conjunction with the January 10, 2000 City Council meeting. Mr. Stafford invited Mr. Brown to further address the revised Preliminary Feasibility Report. Mr. Brown stated that the revised Feasibility Report made some adjustments to the overall scope ofthe 2000 Street Improvement Project. He felt that the proposed project was feasible and will meet the City standards as well as the City Council's objectives. The project will include the reconstruction of Carlton Drive, Ingerson Avenue, Fernwood Road, Fernwood Court, Ingerson Court, Cannon Avenue and North Hamline Avenue south oflngerson Road. This alternative would consider the vacation of the portion of Hamline A venue between Ingerson Road and Tiller Lane. . The project will include the construction of regional storm water ponds and improvements to the Fernwood Court chmmel. The existing channel area does not contain enough land to construct a - .-- -------.-- -------- ARDEN HILLS CITY COUNCIL - NOVEMBER 29,1999 15 . pond, however, the project included the construction of a weir and some minor ditch excavation and clearing to provide as much water quality enhancement as possible. The total estimated project cost was $2,243,200. The proposed funding would be split between the General Fund budgeted amounts for 1999 and 2000, the PIR fund and assessments, the Surface Water Utility Fund and the Watermain Utility Fund. The Rice Creek Watershed District was anticipated to fund $100,000 of the project and the funding scenario assumed $200,000 in advance funding from Minnesota State Aid and $129,600 from the City's Non-Assessable Street Improvement Fund. With regard to the proposed vacation of the portion of Hamline Avenue, Mayor Probst confirmed that the connection would be removed under the proposed plan. Mr. Brown stated that the berm would remain and the asphalt would be removed. If the Resolution to receive the Preliminary Feasibility Report is adopted, Mayor Probst confirmed that a meeting will be held on Tuesday, November 30, 1999 at the City Hall. Mr. Brown stated that this was correct. Mayor Probst confirmed that the meeting will include an overview presentation and an opportunity for public comment. Mr. Brown stated that the intent was for an open house period for the first 20 to 30 minutes. Following the open house, an overview of the project will be presented and the meeting will be opened up to questions and answers. Mr. Brown indicated that the presentation will include several exhibits, including information regarding the proposed ponds. . Mayor Probst asked how much vegetation would be lost if the ponds were constructed as proposed. Mr. Brown stated that one benefit to continuing to divert water into Lake Josephine was that pond A will not need to be as large as previously anticipated. He anticipatcd that the Minnesota Department of Transportation will allow the encroachment into the ditch. There will be some tree loss, however, the entire screening will not be removed. Council member Larson confirmed that the estimated project cost did not include the reconstruction of Hamline A venue to Tiller Lane. Mr. Brown stated that this was correct. He indicated that the cost of including this portion of roadway into the project would be entirely the responsibility of the City. The City could consider borrowing additional funds from State Aid if the City elects to reconstruct that portion of Hamline Avenue Councilmember Larson asked what the assessment rate had been for the Lake Valentine Road project. Mr. Craig Wilson stated that the residents on Lake Valentine Road were assessed $32.00. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to adopt Resolution #99-40, Receiving Preliminary Report in the matter of the 2000 Street Improvement Project. The motion carried unanimously (5-0). . MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to authorize staff to hold an informational meeting on the proposed improvements on November 30, 1999, and hold a public hearing on the proposed ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 16 . improvements in conjunction with the January 10,2000 City Council meeting. The motion carried unanimously (5-0). Mayor Probst confirmed that the public meeting on November 30, 1999 had been publicized. Mr. Lynch stated that this was correct. D. Metro East Development Partnership, 2000 Membership Request Mr. Lynch explained that the City of Arden Hills has participated in the Metro East Development Partnership in the past. The Partnership provides information to the City on what is happening in other communities as well as prospective businesses and their needs. He indicated that he did not have an opinion on the value of this program to the City of Arden Hills and requested that Mr. Post address this issue. Mr. Post stated that the Metro East Development Partnership has operated as a lead generator and, to his knowledge, none of the leads have resulted in development activity within the City. The advantage to participating in the program was that the Partnership serves as a clearinghouse for relocating businesses and keeps cities abreast of current market needs. Mayor Probst asked how the current fee to participate in the Partnership compares to fees paid in the past. Mr. Post stated that the current fee was consistent with prior years. . Mayor Probst asked if staff was able to determine whether other 1-35W Corridor Coalition cities participate in this Partnership. Mr. Post stated he believed that most of the other 1-35W Corridor Coalition cities do participate in the Partnership. Councilmember Aplikowski stated that she had attended two functions with the Metro East Development Partnership and she indicated that all neighboring cities do participate. She was not certain that the Partnership was currently a value to the City of Arden Hills, however, the program was a good resource for trend tracking, which may be important to the City as the TCAAP property develops. MOTION: Councilmember Aplikowski moved and Councilmember Malone seconded a motion to approve paying for City membership in the Metro East Development Partnership. The motion carried unanimously (5-0). E. City Council Vacancy Discussion Mayor Probst stated that the City Council receivcd three applications for the Council vacancy. He suggested that the City Council proceed with interviewing the three candidates. Councilmember Aplikowski asked if the interviews could be added to the next Council worksession. Mr. Post stated that the next Council worksession included the discussion of . Highways 10/96 with the State of Minnesota and Ramsey County. Since the City Council has followed the practice of canceling the last meeting of December, the only other COlUlCil meeting available for the Council to take action would be the December 13, 1999 regular meeting. ARDEN HILLS CITY COUNCIL - NOVEMBER 29 1999 17 -,. - ~ Additionally, a public meeting was scheduled on December 6, 1999 for the Truth in Taxation hearing. He suggested that the interviews could be scheduled prior to, or following that meeting, with formal action being taken at the December 13, 1999 regular Council meeting. Council member Aplikowski expressed concern that there would not be enough time to properly conduct interviews if the interviews were to be scheduled around the Truth in Taxation hearing. Mayor Probst agreed and suggested that 30 to 40 minutes be allowed per interview. Mr. Post suggested that the interviews could be split before and after the Truth in Taxation hearing. Mayor Probst stated that he did not have time available prior to the Truth in Taxation hearing. He indicated that it may be diflicult to schedule a two-hour slot of time on December 6, 1999 and suggested that the interviews be conducted on December 7, 1999. Council members Rem and Larson indicated that they would be available to conduct the interviews on December 7, 1999. Mayor Probst suggested that the interviews be scheduled for 7:00 p.m. on December 7, 1999, allowing 40 minutes per interview. The Council agreed. Mayor Probst directed Mr. Lynch to tentatively schedule the interviews for the City Council vacancy for December 7, 1999, with a formal action being taken by the City Council at the December 13, 1999 regular Council meeting. ADMINISTRATOR COMMENTS . Mr. Lynch had no additional comments. COUNCIL COMMENTS AND COMMITTEE LIAISON ACTIVITY REPORTS Councilmember Larson stated that he had spoken with Mr. Dan Westlund who had expressed an interest in purchasing the property at the corner of New Brighton Road and Lake Johanna Boulevard, which currently contains the vacant coffee shop. Councilmember Larson indicated that Mr. Westlund had developed the property across the street in Roseville into a nice oflice development. Mr. Westlund had questions regarding tlle Neighborhood Business District and Councilmember Larson had suggested that Mayor Probst contact Mr. Westlund. Councilmember Larson indicated that Mr. Westlund had been concerned with the size and shape of the lot and wbat his chances would be of being granted a variance to accommodate parking. Mayor Probst stated tbat he would be willing to contact Mr. Westlund. Councilmember Rem stated tbat sbe and Ms. Sushila Shah bad attended the Human Rights meeting in tbe City of Shoreview. At the meeting, tbe Ramsey County Sheriff s Department did a presentation regarding crime. Councilmember Rem indicated that she had requested additional information regarding the presentation. Councilmember Rem stated that she will be attending the Human Rights Day Conference on Friday, December 3, 1999 in Brooklyn Center. . ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 18 . Mayor Probst stated that he had received an invitation to the Minnesota Work Force recognition event being held Thursday, December 2, 1999. Although he will not be ablc to attend, he invited the other Councilmembers to attend on behalf of the City Council. Mayor Probst statcd that the Metropolitan Council will be presenting an update on Tuesday, December 14,1999. Mayor Probst stated that he received an invitation to the Ramsey County League meeting and holiday event. Mayor Probst stated that a contractor using an Arden Hills address had been put on notice that they were advertising illegally. The contractor has been marketing themsel ves as a home insulation company for people who were eligible for the MAC program. The contractor had indicated in their proposal that the MAC would pay the cost for improvements. The contractor has since rescinded that proposal. Mayor Probst suggested that thc City Council discuss the Retreat for 2000. Councilmembcr Aplikowski stated that the Retreat should be held in January. Councilmember Larson concurred. Councilmember Aplikowski stated that the Retreat should be longer than one half-day. She also noted that Mr. Dennis Cheese brow had facilitated the Retreat for the last two years and suggested that he be contacted to facilitate the Retreat for 2000 as well. . Mayor Probst suggested that the Retreat be held over two half days. He indicated that he did not have a strong opinion on facilitators, although Mr. Cheesebrow and Mr. Roger Williams have both done a good job in the past. If the Retreat was to be held ina hotel, he suggested that the Holiday Inn of Arden Hills be considered. Councilmember Larson stated that he would prefer that the Retreat be held at a closer facility than it was last year. He also agreed with the suggestion that the Retreat be scheduled for two days and that he too did not have strong opinion regarding the facilitator. Councilmember Aplikowski suggested that staff be invited to the Retreat for at least one of the half day sessions. Mayor Probst agreed and also suggested that Department Heads be invited for a portion of the Retreat. Councilmember Rem agreed with the suggestions made regarding the 2000 Retreat. Mayor Probst noted that in the past, the Retreat has been started after lunch on Friday, with the second half being carried over to Saturday morning. He suggested that the City Council consider either the 15th or 22nd of January. Councilmembcr Aplikowski preferred that the Retreat be held as early in the month as possible. However, she noted that the actual date will depend upon the availability of a facilitator and the hotel. . Mayor Probst stated that he did not have any problems with the proposal for additional antennas on the south water tower. He asked staff to verify how this proposal compared to the current ------- ---- ARDEN HILLS CITY COUNCIL - NOVEMBER 29, 1999 19 . lease rate and whether or not there will be escalators. Mr. Post stated that the proposal included three five-year escalators. Mayor Probst requested additional information regarding the odor problem with the Bethel College sanitary sewer line. Mr. Stafford explained that Bethel College had intended to utilize a chemical application that had been bmmed by the Environmental Protection Agency. Mr. Stafford stated that he spoke with the Facility Manager at Bethel College last week and informed him that the City of Arden Hills was disappointed that Bethel College has not remedied the situation and insured him that the City will revisit this issue. Mayor Probst stated that he was encouraged by the correspondence from Mr. Nimmer regarding the City Hall land conveyance. Councilmember Malone stated that he was disappointed regarding the water leak. He asked staff if this leak was under control and if they were certain that the increase in water usage was due to this leak. Mr. Stafford stated that the leak was a serious situation which involved a large whole in the water line. He indicated that concerns had first been raised when Public Works Employees noticed the booster station was found to be pumping more water than it should for this time of the year. Councilmember Malone stated that this would be his last City Council meeting. He indicated that his time spent serving on the City Council has been an interesting II years and he . appreciated the friendships and experiences he has gained. He felt that the current City staff was the best group he had worked with and, since he is a resident of Arden Hills, he encouraged the staff to continue with their excellent work. Mayor Probst presented Councilmember Malone with a card from the City Council and thanked him for his years of service to the City of Arden Hills. ADJOURN MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to adjourn the meeting at 9:44 p.m. The motion carried unanimously (5-0). Jo Ci NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, December 13, 1999 at 7:30 p.m. at . the Arden Hills Council chambers.