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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
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open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly
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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.
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7. Please do not interrupt when others are speaking.
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Public Sign-In
February 18, 2014 City Council Meeting
Please Print
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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
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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
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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