Loading...
HomeMy WebLinkAbout02-22-10-R EN HILLS Approved: March 8, 2010 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING FEBRUARY 22, 2010 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead, Council Members David Grant, Brenda Holden, Fran Holmes, and David McClung Absent: None. Also present: Acting City Administrator/Finance Director Susan Iverson; City Attorney, Jerry Filla; City Planner Meagan Beekman; Community Development Director James Lehnhoff; Parks and Recreation Manager, Michelle Olson; Civil Engineer, Kristine Giga; and Recording Secretary, Tina Borg PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the meeting agenda as presented. The motion carried unanimously(5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL A. Discussion of the Future of the Ramsey County Library in Arden Hills Ms. Susan Nemitz, Director of the Ramsey County Library, reviewed what was discussed at the City Council work session in January, regarding the Arden Hills Library. She explained the outlook for the library including the decline in the budget and the condition of the current building. The Arden Hills community has been vocal about keeping a library in the community. She explained the strategies used by North St. Paul when their library was closed and stated she would like to see Arden Hills use similar strategies to resolve the long term issues. ARDEN HILLS CITY COUNCIL—February 22, 2010 2 2.A. Discussion of the Future of the Ramsey County Library in Arden Hills (continued) Councilmember Holden clarified that in North St. Paul the library was moved into a City owned building and Arden Hills does not own the building the current Library is in. -- Mr. Nemitz stated this was correct. Ramsey County had sold a building they had owned then constructed an addition to a building that was owned by the City of North St. Paul. They also worked out a generous lease agreement for that Library. She outlined the basic needs for the Arden Hills Library including the building size, parking, and preferred locations. She discussed the ideas that the Library has for potential partners, their strategies, and what the City of Arden Hills could do to potentially help the Library which included economic development, Staff assistance and connections, and resources. Councilmember Holden asked if Bethel University or The Baptist Conference had any ideas for the current location or on their sites. Ms. Nemitz clarified that the Baptist Conference owns two acres adjacent to the Library. They have also recently gone through a merger with the Iowa Baptist Conference and they need to determine what their space needs are and if their was a way for them to work with the Library to develop a building that would serve all the needs of both parties. She clarified if the Library partnered with the Baptist Conference this partnership would be a legal/business partnership. The conversation with Bethel University revolved around potential classroom needs they could bring to the Library site. Councilmember Holden stated that the Library is "Seeking a plan to reinvent the Library into a sustainable 21 St century library in 201 L" She asked for clarification on what this meant. Ms. Nemitz stated that the Library's master plan is to move to either portal/gateway or regional libraries. A 21 St century library would be making the transition to a technology-based library, which changes the service model of the library. These community-based libraries will be different based on the needs of the communities that they service. Councilmember Grant asked how Presbyterian Homes had responded to partnering with the Library. Ms. Nemitz stated Presbyterian Homes had been very receptive. The Stafford Library in Woodbury is next to a Presbyterian Homes and has a skyway from the library to the home site. This has been perceived by Presbyterian Homes as a nice selling point for them. Councilmember Grant stated if Arden Hills loses the library, the area would be under-served and it would be a negative for the community. The Library does a good job in its current location and is well utilized by the community. Councilmember Holmes stated the Council wants to see the Library stay in the community but the Library would not be able to be combined with any City owned buildings at this time. She clarified that the current location for the Library would be the best. ARDEN HILLS CITY COUNCIL—February 22, 2010 3 B. TCAAP Update Community Development Director James Lehnhoff stated the next conference call with the GSA is scheduled for Wednesday, February 24 at 2:00 p.m. In accordance with Council direction, - there will be a TCAAP community meeting on April 20, 2010, from 6:30 p.m. to 8:00 p.m. in the Marsden Conference room at the Ramsey County Public Works building. A multi jurisdictional meeting to discuss TCAAP will be held on a date prior to the community meeting. The Planning Commission will be holding a work session on March 3, 2010, after their regular meeting to begin review of the draft regulations for TCAAP, which will be based on the 2030 Comprehensive Plan. It is the City's goal to implement the TCAAP zoning regulations prior to the public auction, which is anticipated to occur in June 2010. Staff is preparing a request for proposals (RFP) for planning and legal services to assist the City's efforts in preparing zoning regulations for the TCAAP property. Staff is aiming for a March 8, 2010, Council review of the submitted proposals. C. City Administrator Recruitment Update Acting City Administrator Sue Iverson stated the application deadline was February 15, 2010. As of today the consultant reports that there are 123 applicants for the position. The consultant will narrow this field down to twenty-five candidates to interview. A work session is scheduled with the City Council on March 8, 2010, to present the top ten candidates from whom the Council will choose the finalists. March 26 and 27 have been scheduled for interviews. Councilmember Holden stated she would like Acting City Administrator Iverson to get clarification from the consultant about his recent e-mail stating that six of the candidates would be from Minnesota and how he would know this if he has not reviewed and interviewed the candidates yet. She also stated that the consultant has not been communicating well with the Council and this should be addressed, and she expressed concerns that the Council is responsible for planning all the events that the consultant wants to have happen including the open houses and dinner. Acting City Administrator Iverson stated she would contact the consultant and ask him for clarification regarding the candidates from Minnesota and get back to Councilmember Holden. PUBLIC Mayor Harpstead opened the Public Inquiries/Informational at 7:16 p.m. Mr. Michael Mergens, Larkin Hoffman, stated that he was before the Council regarding a petition that was filed today pertaining to the Shoreland Regulations which will be presented to the Council later in the meeting. He explained why the petition was filed, what it is and what it means. He explained that the thirty-nine people who signed the petition want to protect the spirit of Arden Hills, protect the lake quality, protect the open green space, and they want to make sure that the environment is given the due consideration it is entitled to under Minnesota Statutes. He stated that before a "minus ten-foot" provision is enacted the environmental impacts should be assessed. He stated this means the environmental review process has to run its course before there .ARDEN HILLS CITY COUNCIL—February 22, 2010 4 2. Public Inquiries/Informational(continued) is a decision made. He clarified that it is the "minus ten-foot" language that has the potential to cause environmental impacts and this is what they would like to have evaluated before there is any determination. Mayor Harpstead stated the Council would review the documents. Mr. Clifford Bujold, 1134 Hunters Court, Arden Hills, expressed concerns regarding the recently passed increase in the utility rates. He asked what legislative or legally enforceable mandate the -- DNR has to require a municipality to set tiered water utility water pricing. He also asked what the Council's basis was for setting the break point of the new water pricing rates at 35,000 gallons and what was the basis for setting the price at $5.07 per thousand above the 35,000 gallons. He asked the Council to investigate the DNR directive and find out by what right they have to mandate this change. He also asked the Council to increase the number of gallons permitted before the higher rates take effect and to consider rescinding the tiered pricing pending further research. Mr. Bob Moser, Owner of Moser Homes, Inc., stated the people who signed the petition for the Shoreland Regulations are interested in saving open areas, green space and water quality. He clarified that the proposed changes regard the setbacks specifically and do not impact the floor area ratio, the impervious surface area or other things that impact water quality. He also pointed out that the proposed ordinance is more restrictive than the current ordinance and the "minus ten- foot" language allows the City flexibility. Mayor Harpstead closed the Public Inquiries/Informational at 7:28 p.m. 3. APPROVAL OF MINUTES A. January 25, 2010 Regular City Council Meeting B. February 8, 2010 City Council Worksession Meeting C. February 8, 2010 Regular City Council Meeting MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the January 25, 2010 Regular City Council Meeting Minutes, the February 8, 2010 City Council Worksession MeetinLy Minutes, and the February 8, 2010 Regular City Council Meeting Minutes as presented. The motion carried unanimously (5-0). 4. CONSENT CALENDAR A. Claims and Payroll B. Approve Planning Case 09-016 for a Conditional Use Permit Amendment at 1900 Lake Valentine Road Based on the Findings of Fact and the Submitted Plans as Amended by the Four Conditions as Presented in the February 22, 2010, Report to the Council ARDEN HILLS CITY COUNCIL—February 22, 2010 5 4. Consent Calendar (continued) C. Approve Resolution 2010-008; Appointing Samuel Scott to Fulfill the Remaining Year of Janet Stodola's First Term on the Planning Commission - MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS None. 6. PUBLIC HEARINGS A. Approve Resolution 2010-007; Approving Planning Case 10-002 for a Minor Subdivision and Lost Consolidation at 1225 Amble Road, Based on the Findings of Fact and the Submitted Plans as Amended by the Conditions in the February 22, 2010,Report to the City Council City Planner Meagan Beekman stated the applicant is the owner of 1219 Amble Road and is requesting that the lot located at 1225 Amble Road be subdivided into two parcels and that each parcel be consolidated with the adjacent lots located at 1229 and 1219 Amble Road. The home located at 1225 Amble Road would be demolished, but the garage would remain intact and would become an accessory structure to the home at 1229 Amble Road. This accessory structure is allowed and the owner would not exceed the City's current regulations regarding accessory structures. The result of this application would be a net reduction of one lot. The applicant is also requesting a vacation of certain drainage and utility easements that run along the property lines at 122.5 Amble Road. A public hearing is required because of the request to vacate the easements. Councilmember Holden asked if any park dedication fees would be applied. City Planner Beekman stated there would not be any park dedication fees because this is a net reduction of one lot. Councilmember Grant asked if there were any implications regarding future or past PMP projects in terms of the number of residential equivalent units. City Planner Beekman stated the homes in this area are on a private drive and do not have frontage on Amble Drive. Civil Engineer Kristine Giga stated she would look into the Assessment Policy to see how properties on private drives are addressed. Mayor Harpstead opened the public hearing at 7:37 p.m. Mayor Harpstead closed the public hearing at 7:3 8 p.m. ARDEN HILLS CITY COUNCIL—February 22, 2010 6 6.A. Public Hearing for Resolution 2010-007; Approving Planning Case 10-002 for a Minor Subdivision and Lost Consolidation at 1225 Amble Road(continued) Councilmember Holden proposed adding a condition that required any special assessments be paid prior to the survey being filed with the County. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to approve Resolution 2010-007; Approving PlanninLy Case 10-002 for a Minor Subdivision and Lot Consolidation at 1225 Amble Road, Based on the FindinLys of Fact and the Submitted Plans as Amended by the Conditions in _ the February 22, 2010, Report to the City Council. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to add Recommendation 6. The City will determine if there are any assessments for the parcel located at 1225 Amble Road and any payment should be due prior to the recordinL7 of the resolution. The motion carried unanimously (5-0). The amended motion was called to a vote. The motion, as amended, carried unanimously (5-0). 7. NEW BUSINESS A. Elmer L. Anderson Memorial Trail Bid Award Parks and Recreation Manager Michelle Olson stated in March and April of 2009, Staff combined the Perry Park Pathway and the County Road E-2 Pathway projects into the Elmer L. Anderson Memorial Trail Connections Project. An application was submitted for Transportation Enhancements (TE) Funding under the American Recovery and Reinvestment Act (ARRA). The City was successful in receiving ARRA funding for this project. Civil Engineer Giga stated plans were prepared and submitted to Mn/DOT Metro State Aid in November, 2009, for review and approvals. Staff was notified in late December 2009, that all approvals were in place and the project could be advertised for bid. Based on the bids received, Staff recommends awarding the project to American Liberty Construction, Inc. of Rockford, Minnesota for $45 8,800.00 Councilmember Grant asked what the construction amount plus engineering costs would be. Civil Engineer Giga stated that the engineering costs and permit fees were approximately $110,000. Councilmember Grant questioned the total amount the City would be responsible for. He also recommended as a best practice to have the total cost to the City included in Council packets for review. Civil Engineer Giga stated based on the bids received, it is anticipated that the construction costs for this project will be paid for entirely with grant monies. Final engineering costs will be provided to the Council. ARDEN HILLS CITY COUNCIL—February 22, 2010 7 7.A. Elmer L. Anderson Memorial Trail Bid Award(continued) Parks and Recreation Manager Olson stated Boston Scientific donated funds for engineering costs and Ramsey County is donating $15,000 for the cross-walk. -- Councilmember Grant stated this has been discussed by the Council many times and he will be approving this motion but he would like to have the total cost to the City provided. Councilmember McClung requested in the future that the numbers for engineering costs, fees, and construction be clearly laid out so that the Council knows what the cost is going to be to the City. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to Adopting Resolution 2010-009 Awarding a Bid for the Elmer L. Anderson Memorial Trail Connections Proiect in the Amount of $458,800 to American Liberty Construction, Inc. of Rockford, Minnesota. The motion carried unanimously (5-0). B. Approve Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code Based on the Findings of Fact in the February 22, 2010, Planning Case Report. Approve Publishing a Summary of Ordinance 2010-004 City Planner Beekman stated the current set of shoreland regulations was updated in early 2002. While that ordinance update did address some of the technical requirements set by the DNR, there were a number of holes and unaddressed issues remaining. Concurrently, Staff has been faced with a number of questions and concerns expressed by local property owners that are not explicitly addressed in the existing ordinance. These scenarios have introduced the need for greater clarification to the City's shoreland ordinance so that Staff may be able to promptly address common issues and concerns as they pertain to public waters and wetlands. She reviewed the existing regulations and each of the proposed changes in greater detail. Community Development Director Lehnhoff stated the petition referenced by Mr. Mergens was filed with the Environmental Quality Board requesting an environmental assessment called an EAW. This is in regard to the "minus ten-feet" language. He talked with the Environmental Quality Board and the City Attorney regarding this petition. The Environmental Quality Board does have five days to review the petition, however, under State rules a City's zoning change would be exempt from the regulations and would not be subject to an EAW. A letter confirming this decision will be sent to the City. He also confirmed with the Environmental Quality Board that the City could moved forward with the regulation changes at this time. Mayor Harpstead asked for a summary regarding the public's input. City Planner Beekman stated that generally residents were in favor of closing the loophole that allows additions to be built at the fifty-foot setback. The general opposition has been specific to the "minus ten-feet" language in Section 1330.03 Subd. 4. There has been little to no comment ARDEN HILLS CITY COUNCIL—February 22, 2010 8 7.B. Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code and Approve Publishing a Summary (continued) regarding other aspects of the regulation changes. Staff has also received letters of support for the ordinance changes, including the setback language. Councilmember Holden clarified that as the regulations are now, someone could build an addition up to the fifty-foot setback without considering the adjacent lot setbacks. Mayor Harpstead asked if there would still be a variance option available to residents. City Planner Beekman stated that a variance option is always available to residents. State Statute for variances is strict and it is the applicant's responsibility to prove a hardship and this criteria is clearly stated. Councilmember Holden stated the petition references environmental impacts that could happen if homes are built closer to the lake but it does not reference the environmental impacts that current residence are having on the lake by having their yards go up to the lake. She asked where the language "minus ten-feet" came from and why it was being proposed. City Planner Beekman stated the language itself came from a regulation that was borrowed from Shoreview. This is how they regulate their adjacent lots. It was adopted to create some consistency and clarity. Also the "minus ten-feet" language provides more flexibility to property p y owners because several of the lots along the lake are non-conforming or substandard in terms of size and* there are topographical challenges that are unique to lake front properties. The regulations for communities such as Minnetonka, Eden Prairie, Shoreview, Roseville, Duluth, and White Bear Lake were reviewed. Shoreview is unique in how they regulate the setbacks. Most of the communities adopted the DNR language and they use the fifty-foot setback and allow additional encroachment when the adjacent structures are closer to the lake. Councilmember Grant asked if a mitigation plan for water run off would be required if the City received a request to encroach the additional ten feet. City Planner Beekman stated that it would not be required as the ordinance is currently proposed. The applicant would be required to get a grading and erosion control permit and they would be required to go through the Rice Creek Watershed District for review and approval but no mitigation controls would be required. The mitigation measures would only be required if the applicant were seeking special permission such as in a variance or a conditional use permit. Councilmember Grant stated those residents that are concerned about water quality could also plant native grass along the waterfront. This would help with filtration and water quality. Councilmember Holmes asked if the "minus ten-foot" language was similar in concept to the porch ordinance in that it allows some flexibility to homeowners without having to apply for a variance. AR—DEN HILLS CITY COUNCIL—February 22, 2010 9 7.B. Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code and Approve Publishing a Summary (continued) City Planner Beekman clarified that there are no other locations in the City that use the adjacent lots to determine setbacks. The porch ordinance does provide flexibility for homeowners to improve the front fagade of their home with some encroachment allowed. The "minus ten-feet" language is similar in that it creates a formula for some flexibility. Councilmember McClung stated there are some issues with the proposed regulations but these regulations are also addressing some serious loopholes in the current regulations. The City needs to allow the residents some degree of flexibility and this language is fair. Mayor Harpstead asked how big an addition could be. City Planner Beekman stated the size of an addition is not defined in the City's codes. The City's codes only address lots that are undeveloped and the term undeveloped is not defined. If a lot can be defined as developed then an addition of any size can be constructed. Councilmember Holmes stated this ordinance change would address some of the concerns of the residents and also close the loophole of a resident being able to build an addition up to the fifty- foot setback. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code Based on the Findings of Fact in the February 22, 2010, Planning Case Report. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Amend Section 1330.03 Subd. 4 and Delete the Phrase "minus ten-feet". Mayor Harpstead stated he does see opportunities where someone could move closer to the lake than the neighboring residents and he would like to see people build further from the lake not closer. Councilmember Holden stated agreement with Mayor Harpstead and that the "minus ten-feet" language would be advantageous for a property owner that would be tearing down a home and reconstructing on the property. There would not be an advantage to the adjacent properties. Councilmember Holmes stated other cities in the area allow construction up to the fifty-foot setback no matter what the setbacks are for the adjacent homes. The "minus ten-foot" provides the City with a more moderate approach and gives people more flexibility. The current regulations have provided the opportunity for residents to build up to the fifty-foot setback and there have not been any of the problems that the residents are concerned about. ARDEN HILLS CITY COUNCIL—February 22, 2010 10 7.B. Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code and Approve Publishing a Summary (continued) Councilmember McClung stated he would be voting against the amendment at this time. The Arden Hills housing market is an aging market and the City should not put those properties along the lake at a disadvantage in the housing market. Without the "minus ten-feet" language the requests for variances will be higher as the houses along the lake turn over. Councilmember Grant stated he did not believe there would be many cases in the City where the ten-feet will be taken advantage of. This ten-feet will give residents the opportunity to modernize their homes and update the shoreline. The ten-feet being proposed is a measured response to the need for residents to have some flexibility. Mayor Harpstead stated ordinances are not set in stone and it would be easier for the City to add the additional language of "minus ten-feet" to the ordinance in the future than it would be to remove it. The motion to amend section 1330.03 Subd, 4 was called to a vote. The motion failed (2-3). Ayes—Mayor Harpstead, Councilmember Holden Nays—Councilmembers Grant, McClung, Holmes MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Amend Section 1330.03 Subd. 3 and Add Item C. In no case shall the new structure or addition have,a minimum setback less than the lesser of the adjacent property setbacks. Councilmember Holden stated this would be a good solution to help eliminate some of the "creeping" residents are worried about. Councilmember Grant stated this would be a balanced approach. The motion to amend Section 1330.03 and add Item C. was called to a vote. The motion carried (3-2). Ayes—Mayor Harpstead, Councilmembers Grant and Holden Nays—Councilmembers McClung and Holmes Mayor Harpstead stated the City does need a new ordinance to close the loopholes that currently exist and he would vote in favor of the amended motion. Councilmember Grant stated the amendment that was added is a good way to allow flexibility without being overly flexible and he would support the amended motion at this time. ARDEN HILLS CITY COUNCIL—February 22, 2010 11 7.B. Ordinance 2010-004 in Planning Case 09-003 to Amend Sections 1305 Subd. 4, 1325.07 Subd. 6, and 1330 of the City's Zoning Code and Approve Publishing a Summary (continued) Councilmember McClung stated he would be reluctantly supporting the motion at this time. The City does need to do something to close the current loopholes but the City will be dealing with variance requests in the future. City Attorney Filla suggested Items B and C in Section 1330.03, Subd. 3 be switched for readability purposes. Councilmember Holden stated she does not support the "minus ten-feet" language and would not be able to support the motion at this time. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Amend the order of the Items in Section 1330.03 Subd. 3 by MovinLy Item B to Item C and Moving Item C to Item B. The motion carried unanimously (5-0). The primary motion as amended was called to a vote. The motion carried (4-1) Ayes —Mayor Harpstead, Councilmembers Grant, McClung, and Holmes Nays—Councilmember Holden City Attorney Filla asked when the ordinance would take effect and when it would be published. City Planner Beekman clarified that it would be published March 3 and take effect March 4. City Attorney Filla suggested the Council approve publishing for March 9 to ensure the City receives a letter regarding the EAW from the Environmental Quality Board. Councilmember Holden asked if it could be published now and have an effective date of March % 2010. City Attorney Filla stated the Council could do this as well. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Approve Publishing a Summary of Ordinance 2010-004 with an Effective Date of March 9, 2010. The motion carried unanimously (5-0). C. Approve Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F Based on the Findings of Fact and the Submitted Plans as Amended by the Seven Conditions in the February 22, 2010, Planning Case Report. Approve Publishing a Summary of Ordinance 2010-002 ARDEN HILLS CITY COUNCIL—February 22, 2010 12 7.C. Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F and Approve Publishing a Summary (continued) City Planner Beekman stated U.S. Bank, on behalf of the, George J. Reiling Estate, has submitted an application for a Zoning Code Amendment as it relates to the existing 240-foot communications tower and associated antennas located at 1296 County Road F. The antenna tower had been maintained by a company called Great River Wireless; however, they abandoned their rights to the tower in early 2009. Staff informed Mike O'Rourke from U.S. Bank, now representing the tower, that the tower needed to be brought into compliance with the original CUP or the original CUP would need to be amended to address the changes that were made over the years. The tower has become a legal non-conforming use, which means the tower was originally constructed in conformance with the Zoning Code, but, over time, the Code changed and the tower is no longer in conformance. A legal non-conforming use can only be expanded in one of two ways: the applicant could request a variance, but would need to demonstrate a hardship as required under State Statutes; or the applicant could request a Zoning Code amendment to add provisions that allow antennas to be added to existing, legally non-conforming towers at any height provided the tower can structurally accommodate the antennas. There are two parts to the Zoning Code amendment request. The first would allow antennas at heights greater than 75-feet on existing towers. The second part would allow additional antennas to be located on existing antenna towers up to what would be structurally feasible for the tower. Councilmember Holden asked if there was a deadline by which the Council needed to reach their decision. City Planner Beekman stated this request is subject to the sixty-day review period which ends March 28, 2010. There is also an option for the City to extend an additional sixty days. She clarified that the tower is currently out of compliance and an amendment to the Code would allow the tower to become compliant. There is also an interest for a new antenna on the tower but this cannot happen until the tower is brought into compliance. Mr. Mike O'Rourke, U.S. Bank, representing the Reiling Estate, asked why this request would need to be extended beyond the sixty-days. They are trying to bring the tower into compliance as per the City's request. Clearwire Wireless is interested in putting up an antenna. Mayor Harpstead stated the challenge at this time is the Council needs to review the ramifications of changing the Zoning Code and what other towers may be affect. He clarified that there would administrative reviews built into the Code. Mr. O'Rourke stated they would be open to periodic reviews as well if it were part of the Zoning permit. Councilmember Holmes expressed concerns that the engineer that reviewed the tower did not look below grade at the foundation but rather they were making assumptions. Can the City get more assurance that this tower is structurally stable. ARDEN HILLS CITY COUNCIL—February 22, 2010 13 7.C. Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F and Approve Publishing a Summary (continued) City Planner Beekman stated a follow-up letter was requested from Ulteig that addressed this. Without digging up the foundation of the tower it would be impossible to know the exact condition it is in. Based on Ulteig's review of the engineering there were no concerns about how it was designed. Councilmember Holden stated she would like to better understand the changes being requested and the effect these changes will have. Councilmember McClung suggested this item be tabled until the next Council work session since the City is within the sixty-day review period and there are some open issues and questions. He stated he would be supportive of this request but would also like to have an opportunity to look at the ramifications of allowing an expansion to a non-conforming use. Mayor Harpstead stated he would like to review the whole section of this Code. Councilmember McClung stated he would like more discussion on how Staff will be processing these requests. City Planner Beekman stated there are three non-conforming towers in the City. The City does not have any control over one tower and the other two towers are the Reiling Tower and the Arden Tower/Vaughn Tower. The Arden Tower does operate under a Conditional Use Permit that allows for the addition and relocation of antennas up to thirty-one. The only two towers in the City that would be affected by these amendments would be the Reiling Tower and the Arden Tower and since the Arden Tower already operates under a CUP the changes would only affect the Reiling Tower. She clarified that the amendments would apply only to existing non-conforming towers. Mayor Harpstead stated he was reluctant to vote on this at this time because he wanted to be sure that this would be a one-time request and the City was not setting a precedent about what it would define as an expansion. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to table Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F and Publishing a Summary of Ordinance 2010-002. The motion carried (4- 1 . Ayes—Mayor Harpstead, Councilmembers Grant, Holden, and McClung Nays—Councilmember Holmes D. Approve Ordinance 2010-003 in Planning Case 10-003 to Amend Section 1325.09 Subd. 4 of the Zoning Code Regarding the Placement of Antennas on City Owned Property as Presented in the February 22, 2010, Report to the City Council ARDEN HILLS CITY COUNCIL—February 22, 2010 14 7.D. Ordinance 2010-003 in Planning Case 10-003 to Amend Section 1325.09 Subd. 4 of the Zoning Code Regarding the Placement of Antennas on City Owned Property (continued) City Planner Beekman stated in August 2009, the City adopted a zoning code update to set a - priority list for the placement of new antennas. One of the primary goals of that update was to encourage the grouping of antennas to help minimize the construction of new towers and minimize the visual impact. Despite the priority list requiring applicants to consider the City's water towers first, the Code does not really encourage the use of the City water towers. New antenna requests are required to come before the Planning Commission and City Council for a Conditional Use Permit (CUP) in order to place antennas on a water tower, which adds time and expense. Since the Zoning Code requires the same process for placing an antenna on an existing water tower or constructing a new tower for an antenna, there is less incentive to consider the water towers. To address this issue, Staff proposes to eliminate the CUP requirement for placing antennas on City owned structure, which includes the water towers. In place of the CUP, the antenna request would be subject to an administrative and City Council review. The applicant would come before the City Council for approval of a lease agreement, but a public hearing and Planning Commission review would not be required. Councilmember Holden asked if an independent structural engineering review would be required for all antennas that are added. City Planner Beekman clarified that the City already requires this. City Attorney Filla clarified that all the restrictions that would currently appear in the CUP would now be in the lease agreement. MOTION: Councilmember Grant moved and Councilmember Holmes seconded a motion to approve Ordinance 2010-003 in PlanninLy Case 10-003 to Amend Section 1325.09 Subd. 4 of the Zoning Code Rej!ardinj! the Placement of Antennas on Citv Owned Property as Presented in the February 22, 2010, Report to the City Council. The motion carried unanimously (5-0). 8. UNFINISHED BUSINESS None. 9. COUNCIL COMMENTS AND REQUESTS Mayor Harpstead requested that Staff reply to Mr. Buj old regarding his questions on the utility rates. Acting City Administrator Iverson stated she would respond to this request. Councilmember Grant requested Council be copied on the response to Mr. Buj old. Councilmember Grant requested that for those items the Planning Commission had voted on, this vote should be posted on the cover sheet of the Council packets. He also requested that the ARDEN HILLS CITY COUNCIL—February 22, 2010 15 9. Council Comments and Requests (continued) dollar impact to the City be presented in the Council materials. He asked if the City has a best practice for putting together the Council packets. — Acting City Administrator Iverson stated each City does these differently and there is no best practice set up for Arden Hills but she would talk to Staff. Councilmember McClung stated Ramsey County's Friends of the Park Tree Sale has started. This is a great opportunity for residents to purchase trees for their yards or to purchase trees to be donated to the City's parks. The information will be on the City's website in the next couple of days. There will also be a list of locations that residents could donate tress for. He stated he has set his goal for having forty trees donated to the City's parks this year. He encourages all the members of the City Council and City Committees to donate a tree. Councilmember Holmes asked if the trees could be placed in the public right-of-way and if they are offered at a discount. Parks and Recreation Manager Olson stated the trees offered by Ramsey County are significantly cheaper than if you were to purchase them at a nursery. However these trees are not guaranteed. These trees can be planted in the public right-of-way. If a resident would like to have a tree donated to a certain place they could put this information on the application and Staff will work with them. Councilmember Grant clarified that there are different types of trees and shrubs offered through the Ramsey County Friends of the Parks but only certain trees can be donated to the City for the parks. Councilmember Holden stated the consultant for the City Administrator position has not done a good job of responding to questions and she requested that Acting City Administrator Iverson follow up with him in regard to the questions she has asked. Councilmember Holden stated May 5, 2010 is the Northwestern Youth and Family Services luncheon. There is also a blood drive on March 6, 2010 in Arden Hills. ADJOURN MOTION: Councilmember Grant moved and Mayor Har stead seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Harpstead adjourned the Regular City Council Meeting -ing at�:3-4,,p.M. 42 Susan K. Iverson _ St Harp ead Acting City Administrator Mayor