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HomeMy WebLinkAboutAgenda - City Council - 02/18/2014 southf g fib$' V FPNIONT AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington Police Department 19 Gregory Drive SOUTH BURLINGTON, VERMONT Regular Session 7:00P.M. Tuesday, February 18, 2014 1. Agenda Review: Additions, deletions or changes in order of agenda items. 2. Comments and questions from the public not related to the agenda. 3. Announcements and City Manager's Report. 4. Consent Agenda: A. *** Sign Disbursement B. ***Approve Minutes for January 21, 2014 & February 3, 2014. C. ***Approve Resolution establishing a Special Fund for sick bank 5. Update on police related issues. (Trevor Whipple) 6. ***East Terrace issues and potential ordinance— (Trevor Whipple) 7. Water and sewer minimum charges. (Justin Rabidoux) 8. Review of town meeting proceedings. 9. Other Business: A. Items held from the Consent Agenda B. Bike Rack— items Council may wish to place on a future agenda: i. Policy regarding landscaping City-owned land and request from Hadley Road. C. Other? 10. Adjourn Respectfully Submitted: Keiv%w Dorn. Kevin Dorn, City Manager ***Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Public Sign-In February 18, 2014 City Council Meeting Please Print Name Name Name 1 4i6v( sk(_--e, 18 .-r- - .i3) >A-v )-f- 35 2 aUzi (_ , -Do f 19 rzl-' � 2-01 6�__ 36 3 - Cry 20 rO Aau-( L 0 6-,Z_- 37 4 v`k1Qur h, 21L 38 5 22 Pa4pck c fo,mtS 39 6 23 4 Aides, 40 7 Y,,,,ae,_ 24 \Va. 41 8 Le E• R 25 Q 42 9 et 26 43 1 27 44 11 G4,/,:,w,e,L2d,t,t,:td- 28 45 12 , 29 46 13 f , J 30 47 Y 14 31 48 15 4- 32 49 16 ,. II 33 50 c 17 11 34 51 02/18/14 City of South Burlington Accounts Payable Page 1 03:27 pm Check Warrant Report # cingalls Unpaid Invoices For Check Acct 1(GENERAL FUND) From 02/19/14 To 02/19/14 Purchase Discount Amount Check Check Vendor Invoice Invoice Description Amount Amount Paid Number Date BUSINESS BUSINESS CARD 0108-020714 BOA CREDIT CARD 2898.92 0.00 SMITHKS MICHAEL K. SMITH 1 CONSULTING CITY CIP 4200.00 0.00 Report Total 7,098.92 0.00 0.00 SOUTH BURLINGTON CITY COUNCIL To the Treasurer of CITY OF SOUTH BURLINGTON, We Hereby certify that there is due to the several persons whose names are listed hereon the sum against each name and that there are good and sufficient vouchers supporting the payments aggregating $ *****7,098.92 Let this be your order for the payments of these amounts. Rosanne Greco Chris Shaw Pat Nowak Helen Riehle Pam Mackenzie South Burlington Water Dept. Accounts Payable Check Register Date: 02/19/14 Date Check No. Paid To Memo Amount Paid 2/19/2014 2480 Samuel Bouchard 84.13 Date Voucher Number Reference Voucher Total Amount Paid 1/28/2014 VI-13265 REFUND 84.13 84.13 2/19/2014 2481 Champlain Water District 53,456.31 Date Voucher Number Reference Voucher Total Amount Paid 1/31/2014 VI-13267 SBWD-285 53,456.31 53,456.31 2/19/2014 2482 Champlain Water District 115,904.42 Date Voucher Number Reference Voucher Total Amount Paid 1/31/2014 VI-13261 SBWD-277 849.31 849.31 1/31/2014 VI-13262 JANUARY CONSUMPTION 115,055.11 115,055.11 2/19/2014 2483 Jerry Dagen 101.73 Date Voucher Number Reference Voucher Total Amount Paid 1/28/2014 VI-13264 REFUND 101.73 101.73 2/19/2014 2484 Fastenal Company 29.21 Date Voucher Number Reference Voucher Total Amount Paid 1/30/2014 VI-13270 VTBUR182664 29.21 29.21 2/19/2014 2485 David&Diane Ravenscroft 166.04 Date Voucher Number Reference Voucher Total Amount Paid 1/28/2014 VI-13266 REFUND 166.04 166.04 2/19/2014 2486 City Of South Burlington 1,527.46 Date Voucher Number Reference Voucher Total Amount Paid 2/5/2014 VI-13271 ADD'L SEWER 1,527.46 1,527.46 2/19/2014 2487 City Of South Burlington 29,221.68 Date Voucher Number Reference Voucher Total Amount Paid 2/5/2014 VI-13272 ADD'L STORMWATER 29,221.68 29,221.68 Printed: February 12, 2014 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 02/19/14 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 200,490.98 SOUTH BURLINGTON CITY COUNCIL Printed: February 12, 2014 Page 2 of 2 CITY COUNCIL 21 JANUARY 2014 The South Burlington City Council held a regular meeting on Tuesday, 21 January 2014, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: P. Nowak, Acting Chair; R. Greco, H. Riehle, C. Shaw Also Present: K. Dorn, City Manager; T. Hubbard, Deputy City Manager;J. Ladd, Human Director; P. Blizzard, A. Voldman, E. Shaw, T. Harrington 1. Agenda Review: No changes were made to the Agenda. 2. Comments & Questions from the Public not related to agenda items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Dorn: At the last budget meeting, a member of the public asked about a cheaper way to get the Annual Report to the public rather than by mail. The City Attorney believes there are alternatives, but this will have to be worked out with the School Department. The City Charter says "...made available..." but doesn't say how. Since the current deadline has passed, Mr. Dorn suggested coming back with a recommendation for the primary or national election. A special meeting will be needed next Monday to approve warnings for the March election. There may also be an executive session. The city received a thank you note from the citizen who had requested the installation of a street light in the Airport area where there has been a lot of vandalism. Public Works was able to do that. Members of the Council reported on meetings and events they had attended. 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 11 January 2014 c. Approve CCRPC FY2015 Unified Planning Work Program requested projects d. Review November 2014 financials Ms. Greco asked that disbursements be pulled from the Consent Agenda. CITY COUNCIL, 21 JANUARY 2014, PAGE 2 Ms. Riehle moved to approve items b, c, and d of the Consent Agenda. Mr. Shaw seconded. Motion passed unanimously. 5. Presentation and Analysis of Pension Program: Mr. Blizzard, Client Portfolio Manager for SEI, explained how the 31 August transition to SEI occurred. He noted the cash could be invested that same day. SEI took over benefit payments and received $24,500,000 on day one. Ms. Nowak thanked SEI for not having any lag in investments. Mr. Blizzard noted some minor changes were made in investments. These will be on the next consent agenda. Mr. Blizzard drew attention to the executive summer and the 11.3% return year to date. He also reviewed market drivers. It is SEI's belief that there will be a 7-9% return from equities this year, not quite as good as last year. Ms. Nowak asked Mr. Blizzard to explain what can be done to protect against negative returns. Mr. Blizzard explained the strategies that can be used for this protection. The major concern is how to manage the fixed income portion of the portfolio. Mr. Blizzard also explained the strategy to do this. Both Ms. Nowak and Mr. Shaw asked what assurance there is to South Burlington that they will have money to cover the pension. Mr. Blizzard said there is great diversification, even within each fund. There are 45 different managers with the funds. Money is safe at SEI but could lose value at any time. Ms. Nowak also noted the due diligence of city management and the pension company. They become the fiduciary of the plan, and this doesn't happen in other situations. Ms. Nowak asked why SEI recommends no cash sitting in an account. Mr. Blizzard said they believe in 100% investment at all times. He noted that SEI manager$280,000,000,000. Ms. Nowak noted the amount of work for city administration to make sure checks go out, etc. She asked Ms. Ladd to explain what this means to the city. Ms. Ladd said they can look up pension information at any time. This gives comfort to retirees. She also noted the transition to SEI was seamless for retirees. Ms. Nowak noted the next report will be in April. Mr. Hubbard thanked Pension Committee members: Spencer Baker, Donna Kinville,Todd Gregory, Dan Boyer,Troy Porter, and Janice Ladd. CITY COUNCIL, 21 JANUARY 2014, PAGE 3 6. Presentation of Draft Actuarial Report: Ms. Voldman and Mr. Shea presented the Actuarial Report. Ms. Voldman explained that the purpose of the report is to recommend a contribution. That number has already been budgeted for the city. She noted that the assets in the plan are enough to cover most of the benefits. She added that the news is good. Ms. Nowak noted concern with the volatility of the market. The market was generous this year, and she was not concerned if the city overfunded. Ms. Voldman said she would like to see that volatility lessened. Ms. Voldman said one of their recommendations is that the city amortize the past service liability over 10 years. The current funding policy is to pay the normal cost plus the 20-year amortization of unfunded accrued liability, and that is good. Ms. Voldman noted that when she presented last year, she provided projections for how the numbers would play out. Actually, it was much better. She felt the city should discuss how they want to deal with that so there can be a determination of what to project for next year. Ms. Nowak stressed again the concern with market volatility and said that underfunding is not an acceptable position. It is better to overfund. Ms. Voldman said they are not overfunding but would like to see the volatility lessened. Ms. Voldman noted that the current funded ration is 106%. Last year this was at 101%. Ms. Voldman also noted that they have updated the mortality to 2013 figures. Mr. Shaw asked if this is because people are living longer. Ms. Voldman said it is, but this is beginning to level out. Assets above PVAB have gone from $200,704 last year to $1,300,000 this year. Ms. Voldman said they are very pleased with this. Ms. Greco asked how many people are currently collecting benefits. Ms. Voldman said 59, which is a good amount considering there are 208 people in the plan. Ms. Voldman noted that what had been driving the underfunding in the past was the lowering of the retirement age for public safety employees. Ms. Nowak added that the lowering of the retirement age was also combined with the worst years of the market. CITY COUNCIL, 21 JANUARY 2014, PAGE 4 Ms. Voldman then reviewed the plan experience liabilities. The plan has 12 new participants. There were 4 retirees last year and 7 employees left the plan. Ms. Voldman then reviewed some of the new accounting standards which will change financial reporting. If a plan is not well funding, a lower discount rate will have to be used. This doesn't apply to South Burlington, but reporting for the city will still be closer to reality (i.e., the $6,000,000 bond will not appear as it does now). Ms. Nowak noted that with the city getting more information,the 7.5%figure may be changed. Ms. Voldman said the city can speak with people at SEI as to whether this is a reasonable number going forward. 7. City Street Lights (adequacy/number) at various locations: Mr. Rabideau said that to the best of his knowledge almost all of the lights have been LED adapted. Ms. Nowak noted there had been a question as to whether there were any inadequacies in city lighting based on public input to you. She asked if Public Works was able to keep up with repairs, safety concerns, etc. Ms. Greco noted there was a question of adequate lighting for bikers. Ms. Riehle added the further concern with lighting on streets where there are "hot spots" for crime. Mr. Rabideau said the feedback he gets corresponds with the "hot spots" concerns. People think additional lighting will address the problem. He noted he has no line item for street lights. There are also some places in the city where it is more expensive to install lighting (e.g. based on distance from power source). There is also a problem because of the preponderance of city lights that are owned by Green Mountain Power at a rate that has to be approved by the Public Service Board. Mr. Rabideau noted the city pays the same amount whether a light is on, off, or has to be fixed several times. Mr. Rabideau mentioned being in touch with a company in Europe and volunteering the City as a demonstration site with other street light options. 8. Status of City Owned Structure Next to Wheeler House Members questioned the safety and security of the structure, any liability issues, and why building has not been torn down yet or whether the structure could be used for a fire drill. Mr. Rabideau explained that the structure has been cleared of any environmental concerns such as asbestos, etc. When a building is demo,the State of Vermont must be notified so that they can make sure all the pieces are in order. The City's Planning & Zoning also needs to be CITY COUNCIL, 21 JANUARY 2014, PAGE 5 notified so that the permit can be pulled and recorded. The reason this structure has not been torn down is because of costs associated with rental of demo equipment and disposal fees. The estimated cost to tear down the structure is $10,000-$12,000 and there are no funds or budget for it. Mr. Rabideau reassured the members that access to the building is secured and he is not aware of any crimes around this structure. Building is not costing the City any money as there are no utilities or site maintenance. Mr. Rabideau recommended checking in with Mr. Hubbard around the liability issues. 9. Other Business: a. Items held from Consent Agenda From the Consent Agenda Ms. Greco asked a few questions on the City Hall Warrant. After these questions were answered Ms. Nowak moved to approve item 4a. Sign Disbursements from the Consent Agenda. Mr. Shaw seconded. Motion passed unanimously. b. Bike Rack 1. East Terrace Ordinance 2. Policy regarding landscaping City-owned land and Request from Hadley Road. 3. Cost of development and open space Mr. Shaw asked to discuss on a future agenda the Water Department minimum charge for usage of Water & Sewer. Ms. Nowak wanted to make sure for discussion about cost of development and open space were looked at from both sides. Ms. Greco wanted an update on when the Mayor of Burlington would be attending a City Council meeting. The Chair, Ms. Mckenzie is working on when that will be happening. She wasn't present at the meeting to give an update. Mr. Dorn wanted to remind Council that there would be a Special City Council meeting on Monday, January 2/ at 6:30pm. Ms. Greco asked to add to a future agenda a discussion on extending Interim Zoning. As there was no further business to come before the Council, Ms. Nowak moved to adjourn. Mr. Shaw seconded. Motion passed unanimously. , Clerk CITY COUNCIL 3 FEBRUARY 2014 The South Burlington City Council held a regular meeting on Monday, 3 February 2014, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: P. Mackenzie, Chair; R. Greco, H. Riehle, P. Nowak, C. Shaw ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; P. Conner, Director of Planning &Zoning; S. Dory, Finance; M. Simoneau, B. Cimonetti, B. Goldberg, G. Maille, B. Nowak, L. Michaels, R. Smith, M. Emery, J. Simson, T. Harrington, E. Farrell 1. Agenda Review: Mr. Dorn noted that due to the illness of Gene Polombo, item #4 on the agenda will be postponed. 2. Comments& Questions from the public not related to the agenda: No issues were raised. 3. Announcements &City Manager's Report: Mr. Dorn: Reported on a meeting with representatives from the Airport neighborhood and city staff regarding parking and traffic issues on Elizabeth and Mill Streets. There will be a follow-up discussion later this month. City Council members reported on meetings and events they had attended. 4. Consent Agenda: a. Sign Disbursements b. Approve Minutes of 27 January 2014 c. Approve Investment Policy Statement for Pension d. Review December 2013 Financials and Narrative Ms. Nowak moved to approve the Consent Agenda as presented. Ms. Riehle seconded. Motion passed unanimously. 5. Presentation of 2013 Audit: Mr. Smith reported the city has $7,400,000 in assets, $5,300,000 in obligations and a fund equity of$2,100,000. Of that,the city has obligations of$400,000 (insurance) and unfinished paving ($430,000). This leaves a total of$1,175,000. Mr. Smith also noted that$400,000 was taken to balance the FY13 budget and earlier reconciled a lot of"history" in the amount of $686,000. CITY COUNCIL, 3 FEBRUARY 2014, PAGE 3 Mr. Conner said staff ran some numbers regarding potential City Center/form based codes use in the future and came up with a figure of 470,000 gpd. The estimated demand outside of City Center was 350,000 over a 20 year period. This leaves a shortfall of about 220,000. The question is whether the Council would like to amend the sewer ordinance to change to 50,000 City Center allocation to another number. Ms. Nowak felt that 20 years is a long time to wait for an upgrade. Mr. Conner noted that they usually begin to plan for an upgrade when they are at 70-80%capacity. Ms. Mackenzie noted they would have to upgrade the Capital Improvement Plan to coincide with any change. Ms. Nowak added that if the current expansion is paid off in 2030,they would be looking at starting another expansion. Mr. Dorn noted this contemplates a total build-out. Ms. Greco said the consultant to the Sustainable Ag Committee said the pace of development in the Southeast Quadrant should be slowed. Mr. Conner said he and the Public Works Director have some other "mechanical" options as well. Ms. Greco said the consultant was also concerned that the sewer capacity could be used up because of the time it takes to build out the City Center. He suggested limiting the pace of development in other areas of the city to preserve capacity for City Center. Mr. Shaw said it looks like there would have to be an increase of 30% in population to use up the capacity. Mr. Conner replied that it depends on the kind of use as commercial development doesn't use as much capacity and a restaurant uses a lot. Ms. Mackenzie felt they need more information before making a decision, including options for upgrading and costs and when the shortfall is likely to happen. Ms. Nowak asked if the deal with Colchester is amendable and whether some of their capacity can come back to South Burlington. Mr. Shaw felt it was time to bump up the 50,000 reserve for City Center. The question is by how much. Mr. Dorn said that since this is not an immanent issue, he felt it should be done later in the year because of the already heavy burden on the Planning staff. 7. Consider Preliminary Outline of Work Plan for Chamberlin Neighborhood/BTV Municipal Planning Grant: CITY COUNCIL, 3 FEBRUARY 2014, PAGE 5 9. Discuss Extending the Interim Zoning Bylaw and Possibly Warning a Public Hearing: Mr. Dorn directed attention to a memo from the City Attorney which indicates that any action regarding the Interim Zoning Bylaw would have to be warned for public hearing 15 days in advance. This means that notice would have to be in the paper on Thursday. Ms. Greco cited possibly confusion to developers until form based codes are solidified. She felt it made sense to continue IZ until all the work is done. Ms. Riehle felt IZ should be extended until all recommendations are vetted/approved or rejected. Ms. Nowak didn't see the need to continue IZ as form based codes are moving along well. She also cited the drain on staff time since there are a lot of new things on the table for them. Mr. Shaw opposed extending IZ and didn't feel it should have been used for things such as Open Space, Sustainable Ag and Affordable housing. He was comfortable where the city is in the form based codes process. He also didn't feel the City Council was qualified to look at projects as the DRB is. Ms. Greco then moved to warn a public hearing to extend interim zoning for 21 February 2014. Ms. Riehle seconded. Mr. Simson, Chair of the Affordable Housing Committee, felt the city is in good shape now. He noted the statute talks about an "emergency measure" and said the "emergency" is over. He said the community deserves to be told "we're ready to go back to normal." Ms. Harrington felt there should be a public hearing to hear from the public. Ms. Emery agreed with this. Mr. Farrell felt there never was an emergency since the bursting of the economic bubble took the pressure off development. He felt there were some good outcomes but opposed continuing IZ. Mr. Simoneau didn't feel listening to the opinions of the few people who show up at a public hearing represented the wishes of the community. He noted that if the Council had listened to the opinions of the public, there would never have been interim zoning. Ms. Goldberg asked the Council to defeat the motion and felt this item on tonight's agenda was an invitation for public opinion. She also noted that if the public had been listened to when IZ was initiated, it wouldn't have happened. Resolution to Create a Sick Bank Reserve Fund Whereas, the City Charter,section 13-310(7)states, "The City Council and the School Board, by their own actions, may establish reserve funds to pay for public improvements, replacement of equipment, and planned or unplanned operating expenditures. Monies to be deposited in any fund shall be included in a city or school district budget and shall not be excluded in calculating the net cost of operation pursuant to subsection 1309(a)of this chapter. Reserve funds shall be kept in separate accounts and invested in the same manner as other public funds.The City Council and the School Board may,from time to time,expend monies in those funds for purposes for which they were established without voter approval."; and, Whereas, the City Auditor has identified the sick band as a$3.18 million dollar liability, and has recommended that appropriate actions be taken to address this liability; and, Whereas, City Management recommends the establishment of this reserve fund to be used solely for this purpose; and, Whereas, the current FY14 budget currently includes an appropriation of$200,000 to be utilized as sick bank funds; and, Whereas, it is the intention of the City to continue to appropriate funds to decrease this liability;and, Now,Therefore, Be it Resolved,that the City Council hereby creates a Sick Bank Reserve Fund whose purpose is to secure and disburse these funds as deemed appropriate with due diligence and oversight by the City: and, Furthermore, Be It Resolved,that all money placed in this Reserve Fund shall only be disbursed for the uses identified in this Resolution. Dated the 18th day of February, 2014 SOUTH BURLINGTON CITY COUNCIL Pam Mackenzie, Chair Chris Shaw, Clerk Pat Nowak,Vice Chair Rosanne Greco Helen Riehle Legislation Text 4 Fib#: Ord 12-34. Version: 4 Amending Legislative Code Chapter 67 pertaining to student rental housing. WHEREAS, as provided under Minn. Stat. §462.357, Subd. 1, the City's residential-use zoning classifications are established upon legislative determinations that zoning use classifications promote "public health, welfare, safety, morals and general welfare," are well planned, are expected to be somewhat permanent, and are in conformance with the City's Comprehensive Plan; and WHEREAS, the Council of the City of Saint Paul notes that the Land Use Chapter of the City's Comprehensive Plan calls for maintaining the stability of the City's established residential neighborhoods by encouraging new, higher density, residential development along the City's transit and commercial corridors; and WHEREAS, the Council further notes that the Land Use Chapter states that stabilizing the City's established neighborhoods is achieved through the use of existing as well as new zoning standards which are intended to maintain the prevailing character of these neighborhoods variously described in the Comprehensive Plan as "residential areas of predominately single-family housing" or as being "characterized almost entirely by single- family homes and duplexes" (Land Use Strategy 1: Target Growth in Unique Neighborhoods) and; WHEREAS, the City's zoning ordinance, duly adopted pursuant to the City's delegated police powers, contains= various land-use district classifications including several classifications for residential-use districts; and WHEREAS, within the zoning ordinance's various residential use classifications, it states that the intent of one- family residential zoning districts is "to provide for an environment of predominantly low-density, one-family dwellings"while the intent of the two-family district is "to provide for an environment of predominantly low density one-and two-family dwellings" and, with respect to two-family dwellings more specifically, "[t]he district recognizes the existence of older residential areas of the city where larger houses have been or can be converted from one-family to two-family residences in order to extend the economic life of these structures and allow the owners to justify the expenditures for repairs and modernization;" and WHEREAS, within the City's limits, there exists nine colleges, universities, and seminaries including the University of St. Thomas ("UST")which describes itself as Minnesota's largest non-public institution of higher learning having, as of Fall, 2009, 5,943 undergraduates enrolled on its Saint Paul Campus; and WHEREAS, as Minnesota's largest non-public institution of higher learning, UST presently provides on- campus housing for 44% of its undergraduate students: accordingly, the remaining 56% - approximately 3,325 students - reside off-campus. It is further estimated that 50% - approximately 1684 students - reside in "offcampus" housing in that general area surrounding the UST campus bounded by St. Clair Avenue on the south, and Fairview Avenue on the east. The Mississippi River is the western border south of Marshall Avenue, end Cr tin Av. nrie the western border ' s eta r y 0 is is ,,,...rtaSer� north of���:.,;�€:�ll;�*1�1ir1�. c� ,i_�t.._. �., [�;��`.1 'fir the northern border east of Cretin Avenue, and Marshall is the northern border west of Cretin Avenue; and WHEREAS, the Counci! th7t th^ City's z : ,;;: for L , surrounding the UST campus are primarily R2-R4 one-family and R T 1 RT2 two-family diets ictS as well as some scattered RM2 multi-family districts which abut arterial or collector streets, as depicted on the zoning City of Saint Paul -•5a I of 4 P irrtGd on 7/16/2012 File#: Ord 12-34, Version: 4 ordinance maps which are attached and incorporated into this resolution, and the Council finds that the predominately low density residential zoning classifications surrounding the UST campus generally fit the description of"established neighborhoods" as set forth in the Land Use Chapter of the Comprehensive Plan; and WHEREAS, the Council is informed from time to time that one-and two-family homes in the established neighborhoods surrounding the UST campus are acquired either by real estate ii ivcstuis ;t, is SUrriU cases, by the parents of UST students, for the purpose of providing housing for students; and WHEREAS, the use of neighborhood homes to provide housing for college students notwithstanding, the Council finds that because college students are logically "transient,"homes occupied by college students, including those homes purchased by the parents of UST students for the purpose of housing their children while attending UST, are rarely "owner"occupied so that college students are essentially short-term rental property tenants; and WHEREAS, because college students tend generally to occupy homes for periods shorter than typical for occupants of owner-occupied homes, the Council understands that student-tenants are highly likely to have a different lifestyle and outlook towards property stewardship and living within the community than would more "permanent" neighborhood residents who largely, it is assumed, reside in owner-occupied homes; and WHEREAS, "permanent" residents from neighborhoods surrounding UST have expressed concern about problems associated with high concentrations of student occupied housing in established neighborhoods and, in particular, that concentrations of student occupied housing within an established neighborhood will, by the transient nature of student housing occupancies, operations, and use, disrupt the intent and purpose of the zoning code's one-and two-family zoning classifications for these established neighborhoods by overcrowding, excessive vehicular traffic, demand for available parking, noise, and other nuisance conditions, in contrast to other low density one-and two-family zoning districts which are not impacted by concentrations of student occupied rental housing; and WHEREAS, whether neighborhood concerns associated with concentrations of student housing in the established neighborhoods surrounding UST are actual or perceived, the Council nevertheless finds that these concerns as expressed call into question whether the City's present official controls adequately protect the public hcy'tl y " - _. nolgl-, c ,iccds as well as whether the City's official controls are consistent with and will facilitate the goals of the City's Comprehensive Plan; and WHFRI=A1 thA l ,r1n„f+;i .r 1, . ..- L. a pivZo ot ;the , worr' e, and safety of the citizens within the area described above by implementing an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4, and directed the planning commission to undertake a study of the impact of student housing in the said area, and to establish during the prior♦ the interim whose purpose is to preserve the status quo of housing in the study area by prohibiting the conversion of one-family homes into two-familyhomes, generally prohibiting prohibiting the conversion of owner-occupied homes into student housing, and limiting the legal occupancy within the study area of any resirlantiai ,r,�,onin3 „n;t With an R1_r M2 a„: olassificoli011i and Wi `L i't- "'° ci`r`ugeat io, 20 i°i, ti ie City Council adopted Resolution 11-1406, directing the Planning Commission to "undertake and prepare a formal zoning study and report regarding options to regulate student housing in R1-RM2 residential zoning districts;"and �lLL72 l,_-;f , 4, 2,012, ---_ Planning Commission held a public hearing on the Student Housing Zoning Study, including the draft SH Student Housing Neighborhood Impact Overlay District; NOW THEREFORE, `t HE. Ci 110 City of Saint Paul Page 2 of 4 Printed on 7/16l2012 File#: Ord 12-34, Version:4 Section 1 That Legislative Code Chapter 67 Zoning Code- Overlay Districts is hereby amended as follows: ARTICLE VII. 67.700. SH STUDENT HOUSING NEIGHBORHOOD IMPACT OVERLAY DISTRICT Sec. 67.701. Establishment; iritcrrt. The SH student housing neighborhood impact overlay district is established as shown on the official zoning map, generally the area bounded by Mississippi River Boulevard, Marshall Avenue, Cretin Avenue, and Interstate 94, Snelling Avenue, Summit Avenue, Fairview Avenue, and St. Clair Avenue, to ameliorate the impact of dedicated student housing within and preserve the character of predominantly one- and two-family dwelling neighborhoods. Sec. 67.702. Student dwellings. Within the SH student housing neighborhood impact overlay district, a student dwelling is a one-or two-family dwelling requiring a fire certificate of occupancy in which at least one unit is occupied by three (3) or four(4) students. For the purposes of this article, a student is an individual who is enrolled in or has been accepted to an undergraduate degree program at a university, college, community college, technical college, trade school or similar and is enrolled during the upcoming or current session, or was enrolled in the previous term, or is on a scheduled term break or summer break from the institution. Sec. 67.703. Standards and conditions. Within the SH student housing neighborhood impact overlay district, the following standards and conditions shall apply for student dwellings: #� bo It-.)477,tod o um ,f of o hundred fifty (150)feet from any other student dwelling located on a different lot, measured as the shortest distance between the two lots on which the student dwellings are located. (b) Patti: r •. r ., v a l iLz it i --L i zcui Yi;;.; h.. i ei l lei lib of al iieie 63.2UU for new structures. Sec. 67.704. Registration and establishment period. The or{eTic'(s of on z to b3 itii S possessing either fire certificate of occupancy and which, at any tim within the eighteen (18) month peri d immediatelyprecedingl the �yeffective date of this ordinance, met the definition of a student dwelling under this ordinance ll smit a wriordinance to the Department of Safety and Inspections (3"DSI'). Upon�120)re receipt of thedays ofthe written reev e sttrati date of this n application DSI shall determine whether the building's fire certificate of occupancy or provisional fire certificate of occupancy is ,�alir! oG nF+hn .•I..a a,._ r__-_._ � , �„ :;r:.a .uta DSl shall issue a written certification to the building's owner(s) of the building's status as an existing student dwelling. Certification shall not unreasonably be withheld. DSI shall establish written standards for verifying and documenting a building as an existing stud nt rltnialiinn rrir ,r+„ ordiiiarice and provide a copy to a building owner upon request. Sec. 67.705. Ineligible properties. City of Saint Paul Page 3 of 4 Printed on 7/16/2012 File#: Ord 12-34, Version:4 All properties lacking either a fire certificate of occupancy or provisional fire certificate of occupancy or which exceed occupancy limits, as defined in Legislative Code §60.207. F., at the time this ordinance is adopted shall be ineligible for registration and establishment as an existing student dwelling during the registration and establishment period. Sec. 67.706. Establishing new student dwellings. Establishing new student dwellings. After sixty (60) days following the conclusion of the registration and establishment period under this ordinance, additional properties may be registered and established as new student dwellings, subject to the standards and conditions specified in Legislative Code §67.703(a-b). A process for reviow.ng proposed new student dwellings shall be established by the Department of Safety Inspections. The owner of a building deemed ineligible for establishment as a student dwellingappl and fora variance under Legislative Code §61.601, as applied. may pp y Sec. 67.707. Tracking and renewal of registered and established student dwellings. The Department of Safety and i;isp6Ctit r s shall maintain a cur el it list of all registered and established student dwellings which shall be made available at the office of the Department of Safety and Inspections upon request. All student dwellings shall have and maintain a fire certificate of occupancy that identifies the property ....vz r, .< C;1‹iijil:i 40 ul this Code, and will be subject to renewal of status as student dwellings on a schedule to be determined by the Department of Safety and Inspections but no less frequently than specified in Legislative Code§40.05. At the time of renewal, propP.rtia Chill ha CI 1hic r.+ +n+„n „ „+,,,� .,+ 71.. „ standards established by the Department of Safety and Inspections. + v Sec. 67.708. Revocation of status as registered and established student dwellings. The Department of Safety and Inspections may remove properties from the list of registered and established student dwellings under the following circumstances; a) suspension or 4t. Uh-u.. n 4ir3 alit t- of occupancy b) residence by more than four(4) students in any unit c) twenty residence by less than three (3) students for more than A revocation of student dwelling status may be appealed to the Board of Zoning Appeals pursuant to Legislative Code §61.701 (a-c). Section 2 .r•, ;a. .y..i 1.. .,..,C vvj i uy si v!ii calls +.+i lei liaAJocige, approval and publication. City of Saint Paul Page 4 of 4 Printed on 7/16/2012