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HomeMy WebLinkAbout08-29-11-R--ARZN HILLS Approved: September 26, 2011 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 29, 2011 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor, David Grant, Councilmembers: Fran Holmes, Brenda Holden, Ed Werner and Nicholas Tamble. Absent: None. Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; Parks and Recreation Manager Michelle Olson; Community Development Director Jill Hutmacher; City Planner Meagan Beekman; City Attorney Jerry Filia; and Deputy Clerk Rebecca Brazys. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Tamble seconded a motion to Approve the Agenda as presented. The motion carried unanimously (5 -0). 2. PUBLIC INQUIRIES/INFORMATIONAL A. John Choi, Ramsey County Attorney Mr. Choi stated his purpose in appearing before the Council is to begin a partnership with respect to public safety. He stated he would like to work with the City and the City Attorney as well as with Ramsey County Sheriff Matt Bostrom. He reviewed some of his new efforts to improve public safety in Ramsey County: • Second Look Initiative — A caseload review determined that more cases were being declined than charged. This initiative brings those cases back to the County Attorney's attention for review. This initiative includes more training to get law enforcement and prosecutors on the same page and has resulted in more cases being charged. ARDEN HILLS CITY COUNCIL — August 29, 2011 2 • Focus on juvenile prostitution to get young people out of the criminal justice division and view those juveniles as victims themselves. • Dangerous and Repeat Offender Program — There is a small number of people involved in the majority of crime. This program enhances penalties for repeat offenders. • Homicide Prevention - Domestic cases fall between a misdemeanor and a felony so he will work with city attorneys on this issue and strive to enhance victim safety and accountability. Mr. Choi stated that the Ramsey County Attorney's staff includes 350 staff members and 85 attorneys. He stated there is so much case volume it had become a giant assembly line and he is working to ensure the process is making sense and the County is getting the right outcome. B. State of the City and Celebrating Arden Hills Event Update State of the City Community Development Director Hutmacher reported that the State of the City event is scheduled for Wednesday, September 14, 7:30 to 9:30 a.m. at North Heights Lutheran Church. Councilmember presentations will include TCAAP development and the stadium proposal; the B- 2 District implementation plan and other development projects; upcoming road improvements; park and trail plan; City management and the 2012 budget. She added that the planning is underway with a second post card mailing going out this week, ads in the Bulletin, an article in the City newsletter, and listing in the Star Tribune and Pioneer Press event calendars. Celebrating Arden Hills Parks and Recreation Manager Olson stated that the Celebrating Arden Hills fall festival is scheduled for Saturday, September 17 from 3:00 p.m. until dusk. There will be events at the Tony Schmidt Regional Park as well as Bethel University with parking available in several locations. She explained that "Swing Into the Parks" will be held at Tony Schmidt and will include hay rides, rock climbing wall, bungee activity, community booths, miniature golf, moon walk, fire hose relay, water ski show, Splatter Sisters, Shoreview Northern Lights Variety Band, community booths, and fireworks at dusk. At Bethel University the "Fling into the Arts" event will include an art display featuring school and professional art work and music from the Mounds View High School orchestra and Bethel Jazz Band. C. TCAAP / Stadium Proposal Update Community Development Director Hutmacher stated that Councilmembers Ed Werner and Nick Tamble accompanied Staff on a tour of the TCAAP site on August 24. Mike Fix, U.S. Army Commanders representative, led the tour which included the entire site including the primer /tracer area. She stated that Staff also met with Greg Mack, Ramsey County Parks and Recreation Director, to review the process to determine the value of the TCAAP site for the proposed stadium. Public Comments / Inquiries ARDEN HILLS CITY COUNCIL — August 29, 2011 3 Andrew Kelley, 1149 Amble Dr., stated he is working on his Citizenship Merit Badge award for Boy Scouts, Troop 626. The purpose of this award is to help the scouts understand what it means to be a citizen of a community and to help the community. Pat Kentfield, 4371 Arden View Court, stated that the flooding and drainage problems in the Townhouse Villages of Arden Hills has resulted in the loss of three cars in her garage and has resulted in the value of her property decreasing by 50 %. She explained that she has been dealing with these issues for fourteen years and asked the Council for at least a temporary fix. She added that there have been two events since the July 16 storm and the Townhome Association has done nothing to address the problems. Public Works Director Maurer stated he has spoken to Ms. Kentfield and her attorney previously. This drainage issue is on the Council's agenda this evening. He explained that Engineers scheduled to be hired by the City tonight will review this situation, which should take about a month, and he will report those results to the Council and the Townhome Association in the fall. Mayor Grant assured Ms. Kentfield that the City would work with the Townhome Association to get a permanent resolution to the drainage and flooding problems. Gregg Larson, 3377 Snelling Av., expressed his opposition to the proposed sales tax for the Vikings stadium. He asked that the Council adopt a resolution rejecting the tax increase. Robert Ecker, 1408 Forest Lane, reported drainage and flooding problems at the intersection of Forest Lane and Skiles Lane. Dave Cmiel, 1861 West Highway 96, stated he disagreed with the assessment that the impact of the US 10 and Highway 96 proposed improvements doesn't meet the necessary criteria for a noise wall. He pointed out there are buildable lots that were not included in the original assessment. He was concerned that the deadline for Municipal Consent on the US 10 and Highway 96 project is fast approaching and wanted more consideration given to the concerns of the residents in his area. Public Works Director Maurer stated that Municipal Consent will come before the Council at their second meeting in September. 3. APPROVAL OF MINUTES A. July 11, 2011, Work Session B. July 25, 2011, Regular Meeting C. August 8, 2011, Regular Meeting Councilmember Holden requested the following correction to the August 8th minutes: Page 11, seventh paragraph, second sentence should read "She explained the mixed -use plan was fundamentally flawed and it would be a financial drain on the City of Arden Hills." ARDEN HILLS CITY COUNCIL — August 29, 2011 4 MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to Approve the July 1, 2011, City Council Work Session minutes, and the July 25, 2011 City Council Regular Meeting minutes as presented, and the August 8, 2011 City Council Regular Meeting minutes as Amended. The motion carried unanimously (5 -0). 4. CONSENT AGENDA A. Motion to Approve Claims and Payroll B. Motion to authorize Indian Oaks Court Storm Sewer Repair Payment #1 (Final) to CW Houle, Inc., of Shoreview, Minnesota, in the Amount of $15,766.40. C. Motion to Authorize Indian Oaks Court Pond Shoreline Restoration and Landscaping Project Payment #2 (Final) to Natural Shore Technologies, Inc., of Maple Plain, Minnesota, in the Amount of $1,879.00. D. Motion to Approve Resolution 2011 -043 for the Appointment of David Radziej to the Financial Planning and Analysis Committee. E. Motion to Adopt Resolution 2011-036: Accepting Work Completed and Authorizing Final Payment of $5,016.77 for the CP Rail Bridge Trail Improvements. F. Motion to Authorize Staff to Enter Into an Agreement with Bolton and Menk for the Townhome Drainage Analysis at a Cost Not to Exceed $16,900. G. Motion to Approve the Development Agreements Between the City and Select Senior Living, and the City and TAT Properties, as Presented in the August 29, 2011, Report to the City Council. H. Motion to Approve a 1% Wage Increase for Non -Union Employees effective July 1, 2011. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to the Consent Agenda as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5- 5. PULLED CONSENT ITEMS NONE 6. PUBLIC HEARINGS NONE 7. NEW BUSINESS A. Presbyterian Homes Conduit Debt Director of Finance and Administrative Services Iverson stated the City held a public hearing on July 25, 2011, and adopted a resolution approving a housing program, granting preliminary approval to the issuance of housing revenue bonds to finance the project, and authorized certain other actions to be taken by the Mayor, Administrator, and the City's bond counsel. She further ARDEN HILLS CITY COUNCIL — August 29, 2011 5 explained that Presbyterian Homes is now requesting the Council consider a resolution authorizing the issuance of two bond issues, Series 2011A for $10,000,000 and Series 2012A for $10,000,000. Because we can only issue $10,000,000 of bank qualified debt per calendar year, they are issuing $10,000,000 in 2011 and $10,000,000 in early 2012. They are using another "host" city to issue the remaining $14,000,000 in a similar manner. The City of Arden Hills will receive the entire fee as if we issued the $34,000,000. The City's bond counsel has provided a letter and is present at tonight's meeting, as is a representative from Presbyterian Homes, to answer any additional questions the Council may have. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to Adopt Resolution 2011 -042, a resolution authorizing the issuance and sale of Senior Housing Revenue Notes (Presbyterian Homes of Arden Hills, Inc. Project), Series 2011A and Series 2012A, in the original aggregate principal amount not to exceed $20,000,000; approving the form of and authorizing the execution and delivery of the notes, loan agreements, and certain related documents; and providing for the security rights, and remedies with respect to the notes. The motion carried unanimously (5 -0). B. Planning Case 11 -016: PUD Amendment and Preliminary and Final Plat for the Arden Plaza Redevelopment Proposal City Planner Meagan Beekman explained that in June 2009, the Council approved a redevelopment application for Arden Plaza retail center, including the demolition of the existing office pod buildings, subdivision of the parcel into four lots, and the construction of four new buildings. The entire project was planned to have been completed in three phases. Since the approval of the Master and Final PUD for Phase 1, the developer's negotiations with Walgreens stalled and the developer has since negotiated with CVS Pharmacy. Therefore the developer is proposing amendments to the Final PUD for Phase 1 in terms of layout and timeline. She stated that at the May 16, 2011, Council Work Session, Arden Plaza and CVS Pharmacy presented their concept plan and the Council expressed general support for the project and directed the developers to move forward with their application. City Planner Beekman explained that new to the proposal since the August 3, 2011, Planning Commission meeting, Arden Plaza is proposing some interim improvements to the existing parking lot and retail building while they work on a long term plan for that area. A long term plan will be required as part of Phase II. As part of Phase I, and in conjunction with the construction of the CVS Pharmacy, Arden Plaza is proposing the following improvements: • Repair the wood paneling behind the business signs, then paint /stain wood paneling; • Spruce up the existing planters in the front of the center; • Replace "Cleaners" and "Great China" signs; • Replace all four "Arden Plaza" signs; • Remove the five white pedestrian lights to the west of the drainage pond when the same lights along the entrances are replaced; • Landscape the parking lot island where the fire hydrant is located; • Add landscaping to the tiered rock area along the retaining wall; • Paint the existing stucco on the two towers; ARDEN HILLS CITY COUNCIL — August 29, 2011 6 • Patch and sealcoat the parking lot. City Planner Beekman stated the Planning Commission reviewed Planning Case 11 -016 and unanimously recommends approval of an amendment to the Final PUD for Phase I and a Preliminary and Final Plat for the Arden Plaza redevelopment proposal at 3585 Lexington Avenue, based on the findings of fact and the submitted plans as presented in the August 29, 2011, report to the City Council, as amended by the conditions set forth by the Planning Commission. City Planner Beekman then reviewed the proposed Final PUD for Phase I to include the CVS Pharmacy with proposed landscaping, pedestrian connections, and grass turf over Phase II with an Arden Hills gateway sign. She explained the proposal for Phase I site plan is substantially similar to the originally approved plan with the exceptions being: the building was moved 21 feet closer to Lexington and four feet away from County Road E; the drive aisle has been widened on the north and west sides; a row of parking has been removed; the building has been reoriented to the southeast; building 3 has been eliminated; and there has been a 7% increase in landscaped area. She then reviewed the details of the landscape plan. City Planner Beekman then reviewed the design standards for this proposal stating that of the 46 design standards for the B -2 District, 44 are met or exceeded by Phase I of this proposal. She explained they are seeking flexibility on two standards: at least 50% of the principal building is built at the front setback line; at least 50% of store entrance facade are transparent doors and windows. Mayor Grant questioned the number of signs proposed for this development. City Planner Beekman responded there will be three including two new monument signs as part of the original PUD. CVS has not submitted their signage plan but the plan will meet all City standards. Councilmember Holden asked if all phases of this development will be in compliance with the landscape requirement. City Planner Beekman stated they would. Councilmember Holden asked how the drive -thru area will be illuminated. Jon Lennander, Velmeir Companies, responded that lighting will be built into the canopy to illuminate the drive -thru as well as the surrounding area. He stated there are also lights on the building just below the roof line and on the side of the building. He stated he is willing to work with Staff to review the lighting plan and add lighting if advised by staff. Councilmember Holden stated she is concerned about people walking from CVS to Building 2 along the walkway near the drive -thru. Mayor Grant talked about sandwich board signs and how the original approval limited the number of sandwich board signs to one, but now there are three parcels. ARDEN HILLS CITY COUNCIL — August 29, 2011 7 City Planner Beekman responded that City Code allows each business to have one sandwich board sign within 15 feet of their entrance during hours of operation. Councilmember Holden asked if the drainage plan is adequate. City Planner Beekman explained that the Rice Creek Watershed District has reviewed and approved the plans for this proposal. Councilmember Holden commented that the back of the CVS building appears to be rather plain and recommended that the developer work with Staff to improve the appearance across the back of the building. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve Planning Case 11 -016 for an amendment to the Final PUD for Phase I and a Preliminary and Final Plat for the Arden Plaza redevelopment proposal at 3585 Lexington Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the August 29, 2011, report to the City Council. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion that a stop sign be placed on the west drive -thru where the pedestrian walkway crosses to the additional building. Councilmember Tamble commented that he wasn't sure that a stop sign was necessary. City Planner Beekman explained that she will work with the developer and engineer to ensure that the pedestrian walkway is distinguishable. City Administrator Klaers stated that he doesn't think that this stop sign would be enforceable as it is along a drive-thru on private property. City Attorney Filla recommended a certain timetable to review this item be included in the development agreement. Councilmember Holden withdrew her amendment and the Mayor withdrew his second. MOTION: Councilmember Holden moved and Mayor Grant seconded the motion to increase aesthetics on the back of the CVS building. The motion carried unanimously (5 -0). Councilmember Holden referred to Page 2, Items 1 — 10 and asked if those items are conditions of this approval. City Planner Beekman responded that they are and that some have already been completed. ARDEN HILLS CITY COUNCIL — August 29, 2011 8 Councilmember Holmes commented that she was very impressed with the improvements already made to this property, particularly the plantings. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a moton to amend Condition #6 (page 4) to say "parking lot and other improvements as described in this report ". The motion carried unanimously (5 -0). Councilmember Holden asked for clarification on who the applicants are for this proposal. City Planner Beekman responded that the applicants are CVS Pharmacy, Velmeir Companies, and Arden Hills, LLC. Councilmember Holden asked if the applicant is continuing to work with Arden Pharmacy. Denny Trooien, Dennis Properties, stated that Arden Pharmacy continues to be supportive of this proposal. Councilmember Holden's motion to approve Planning Case 11 -016 as amended carried unanimously (5 -0). 8. UNFINISHED BUSINESS NONE 9. COUNCIL COMMENTS & STAFF UPDATES Councilmember Holden asked the recent location of the Arden Hills speed boards. City Administrator Klaers responded that the speed boards were discussed at the last Sheriff's meeting and have been up for the last few weeks. He indicated that additional information will be sent out to the Council. Councilmember Holden stated that Ramsey County has granted Rob Davidson access for a right in and right out at Lexington Avenue and County Road E. Councilmember Holden questioned why a citation was not issued for the recent tobacco violation at the Holiday Station Store in Arden Hills. City Administrator Klaers explained that he discussed this with the Ramsey County Sheriff's office and they indicated that citations are no longer being issued as the cities are handling the administrative fines. Councilmember Holmes reported that she had attended the open house for CTV's new location last week. ARDEN HILLS CITY COUNCIL — August 29, 2011 9 Councilmember Holmes stated that she has attended the last two meetings for the Sheriff's Contracted Cities committee and she believes that the City is receiving good service from the Sheriffs office and that they are responsive and willing to work with the City. She also requested more information from the Sheriff regarding safety issues. Mayor Grant stated that the new McDonalds will have their grand opening on September 14 and Councilmembers will be invited. Community Development Director Hutmacher announced that City Planner Beekman recently passed her American Institute of Certified Planners exam and is now a Certified Planner. ADJOURN MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 9:07 p.m. Patrick Klaers City Administrator David Grant Mayor