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HomeMy WebLinkAbout08-31-15-R '!Tt ,-AI Approved: September 28, 2015 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 31,2015 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 Brenda Holden, Fran Holmes, Dave McClung, and Robert Woodburn Absent: None Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item 10A be added to the agenda to allow for a discussion on State Fair parking. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL Richard Wenzel, 1931 Nobel Road, discussed the road construction issues that have occurred on his property. He reported that the contractor has broken his invisible fencing eight times now and that the County Sheriff has gotten involved. He expressed concern with the landscaping contractor that was selected for the project. He reported that his mailbox has been damaged and the bituminous base in front of his home was cracked. He stated that he has not received the proper value for the assessment he was charged by the City of Arden Hills. He explained that he took great pride in his property and he believed that the contractors have done a lousy job. ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 2 Mayor Grant encouraged Mr. Wenzel to speak with Public Works Director Maurer. Public Works Director Maurer reported that he has visited with Mr. Wenzel and noted that the final lift would not be put in place until the bituminous area was cut out and properly repaired. He indicated that he was aware of Mr. Wenzel's other concerns and would be more than willing to meet with him again to address these matters. Mr. Wenzel expressed extreme frustration that the City has not addressed his concerns to-date and how the contractors have destroyed his yard. Mayor Grant commented that the Council would not be able to resolve the issues tonight, but noted that staff would address Mr. Wenzel's concerns in the near future. 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP) Update Community Development Director Hutmacher stated that the affected jurisdiction review period for the Comprehensive Plan Amendment expires on September 1St. The City has received comments from all adjacent municipalities except for Shoreview and New Brighton. She reported that all comments received will be sent to the Metropolitan Council on Wednesday. B. Transportation Update Public Works Director Maurer reported that the existing bridge has been removed at the 1-35W/Highway 96 interchange. He indicated that traffic has been moved over to the new bridge and that the northern ramps are now open. He anticipated that the entire project would be completed sometime in late November of 2015. Public Works Director Maurer stated that the County Road E bridge remains open but unfinished as the signals have not been turned on yet. Public Works Director Maurer commented that the County Road E improvements were nearing completion. The corner near Super America was being sodded. The only item that remains is the mill and overlay, which will be done overnight to minimize the impact on local businesses. Public Works Director Maurer explained that the County Road F project has begun and bridge abutments and pier would be in place soon. Public Works Director Maurer provided an update on the City's PMP project. He indicated that the Venus neighborhood had curb and gutter poured last week. In addition, the driveways have also been worked on. He stated that all City water connections have been made but several water services are still in need of replacement. He discussed the final phases of the project and noted that Assistant City Engineer John Anderson would be attending the Venus neighborhood picnic on September 7th to answer resident questions. ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 3 4. APPROVAL OF MINUTES A. May 26, 2015, Special City Council Work Session B. August 10, 2015, Regular City Council Councilmember Woodburn asked if the City always completed minutes for special City Council work sessions. City Administrator Klaers commented that the City does complete meeting minutes for each special City Council meeting and work session. He noted that all minutes were posted on the City's website after approval. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the May 26, 2015, special City Council work session minutes, and August 10, 2015, regular City Council meeting minutes as presented. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Planning Case 15-002—Final Plat—Arden Plaza C. Motion to Approve Planning Case 15-017— Site Plan Review—Boston Scientific— 4100 Hamline Avenue North D. Motion to Approve Cooperative Agreement for Highway 96/1-35W Interchange E. Motion to Approve Farnsworth Encroachment Agreement MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS None. 8. NEW BUSINESS A. Night Work Construction Activity Waiver—County Road E Improvements Public Works Director Maurer stated that City Ordinance allows for construction work to be completed between 7:00 a.m. and 9:00 p.m. All other work conducted after these hours would require a waiver from the City. He explained that Park Construction, the general contractor for the County Road E improvements was requesting a waiver to complete the mill and overlay of ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 4 County Road E in the overnight hours. Staff recommended approval of the night work construction activity waiver. Councilmember Holmes asked if the construction work would increase costs for the project. Public Works Director Maurer reported that there would be no additional cost to the City but would offer the contractor additional hours of work with minimal traffic on County Road E. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to Approve the Night Time Construction Activity Waiver for the County Road E mill and overlay portion of the proiect between Tuesday, September 1 and Friday, September 4, 2015. The motion carried (5-0). B. Planning Case 15-016 — Final PUD Phase III — Arden Plaza — 3527-3557 Lexington Avenue North Associate Planner Bachler stated that the City approved a Master PUD for the Arden Plaza retail center at County Road E and Lexington Avenue in 2009 (Planning Case 09-011). The approved plans included the demolition of an existing office building and the phased redevelopment of the site to be completed in three stages. A total of 97,035 square feet of retail and commercial building space was approved at the time. For each successive phase of the redevelopment, a Final PUD plan is required to verify general conformance with the Master PUD and to provide more detailed development plans for the phase to be implemented. Associate Planner Bachler explained that the Master PUD was amended in 2011, to include a revised subdivision plan and updated development plans for the existing Walgreens Pharmacy (Planning Case 11-016). Phase I of the Master PUD was completed in 2012, and included the construction of the Walgreens building, modifications to parking and circulation within the retail center, and the construction of stormwater basins required for the proposed build-out of the site. Associate Planner Bachler indicated that the City approved a second amendment to the Master PUD and a Preliminary Plat in March 2015, for the subdivision of Lot 3, where the existing retail center is located, into three smaller lots (Planning Case 15-002). Planning Case 15-002 also included modifications to the retail center parking lot and an increase in the Phase III building footprint. The new plat is titled Arden Plaza 2nd Addition, and Lot 1 within the plat is proposed for the Tavern Grill development. Associate Planner Bachler commented that the Master PUD specifically identifies the Lexington Avenue site where the Tavern Grill development is proposed as Phase III. He noted that Phase II of the Master PUD has not yet been completed. Phase II will include the development of the parcel on County Road E adjacent to the Walgreens pharmacy for a 6,000 square foot user. Arden Plaza, LLC continues to market this site to potential buyers and tenants. Associate Planner Bachler reported that Hemisphere Restaurant Partners has requested a Final PUD for Phase III of the Arden Plaza Master PUD to develop Lot 1, Arden Plaza 2nd Addition for a sit-down restaurant called the Tavern Grill Restaurant and Bar. The Master PUD Site Plan shows Phase III being developed as a 20,136 square foot retail building. The proposal by ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 5 Hemisphere Restaurant Partners would result in an overall lower density development on the site than what was originally approved for Phase I11. The development plans are in substantial conformance with the Master PUD plans. Associate Planner Bachler stated that Hemisphere currently operates three Tavern Grills in the Twin Cities metro, with locations in Edina, Woodbury, and Blaine. The proposed Tavern Grill in Arden Hills would be similar to these other restaurants and would provide a relaxed, up-scale atmosphere. The development would include the restaurant building, which would have a footprint of 9,500 square feet, and an attached 3,050 square foot outdoor patio area for seasonal seating. Associate Planner Bachler noted that the proposed site design orients the front of the restaurant towards the other buildings within the Arden Plaza retail center. The main entrance would be located at the southwest corner of the building and feature a prominent tower comprised primarily of transparent glass. The exterior materials on the building would include stucco, stone, and wood, and each facade would have at least 20 percent transparent window coverage. A variety of shade and ornamental trees, shrubs, and perennial plantings would be focused around the perimeter of the building and patio area and would also provide screening of trash collection and utility areas. Safe pedestrian connections will be created with sidewalks that connect to the public sidewalk on Lexington Avenue and the internal sidewalks within the retail center. Associate Planner Bachler reviewed the Plan Evaluation, along with the expected traffic impacts of the development. Associate Planner Bachler explained that the Planning Commission reviewed Planning Case 15- 016 at their regular meeting on August 5, 2015. The Planning Commission offers the following findings of fact for consideration: 1. Hemisphere Restaurant Partners has requested approval of a Final PUD for Phase III of the Arden Plaza Master PUD on Lot 1, Arden Plaza 2nd Addition. 2. The original Master PUD for the development was approved in Planning Case #09-011. Subsequent PUD Amendments were approved in Planning Case #11-016 and Planning Case #15-002. 3. A Preliminary Plat for Arden Plaza 2nd Addition was approved in Planning Case #15-002. Final Plat approval was conditioned on building improvements currently under construction by Arden Plaza, LLC. 4. The applicant has proposed a 9,500 square foot restaurant building with an attached 3,050 square foot outdoor patio area. 5. The development proposal is in substantial conformance with the approved Arden Plaza Master PUD and the site improvement requirements contained therein. 6. The Arden Plaza retail center and Phase III development site are located in the B-2 General Business District. 7. The City has adopted the Guiding Plan for the B-2 District that outlines future development principals for the area. 8. The City has adopted Design Standards for the B-2 District within the Zoning Code. 9. The Final PUD for Phase III is in substantial conformance with the requirements of the City's Zoning Code. ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 6 10. The Final PUD for Phase III is in substantial conformance with the Guiding Plan for the 13- 2 District. 11. The Final PUD for Phase III is in conformance with the requirements of the City's Sign Code. 12. The Final PUD for Phase III is in conformance with the City's Comprehensive Plan. 13. The PUD process allows for flexibility within the City's regulations through a negotiated process with a developer. 14. Where the plan is not in conformance with the City's Zoning Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 15. Flexibility is needed from the standards in the City's Zoning Code in terms of the proposed exterior building materials, building design, and parking requirements. 16. The proposal exceeds the standards in the City's Zoning Code in terms of perennial plantings and window transparency coverage. 17. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Associate Planner Bachler stated that the Planning Commission reviewed this request and unanimously (5-0) recommends approval of Planning Case 15-016 for a Final PUD for Phase III of the Arden Plaza Master PUD at 3527-3557 Lexington Avenue North, based on the findings of fact and the submitted plans in the August 31, 2015, Report to the City Council, as amended by the following sixteen (16) conditions: 1. The Developer shall continue to abide by the conditions of all previous Master PUD Agreements, permits, and reviews, except as hereinafter amended. 2. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and the City Council. 3. The Developer shall obtain a building permit within one year of the Final PUD approval or the approval shall expire, unless extended by the City Council prior to the approval's expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 4. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed prior to the issuance of any development permits. 5. Prior to the issuance of a building permit, the Arden Plaza 2nd Addition Final Plat shall be recorded with Ramsey County. 6. Prior to the issuance of a building permit, a copy of any necessary supplemental declaration between Hemisphere Restaurant Partners and Arden Plaza, LLC addressing site operation issues, such as driveway maintenance, shared parking, and drainage, shall be provided to the City. 7. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of any development permits. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 7 City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the Development Agreement. 8. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of any development permits. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 9. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of any development permits. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the Development Agreement. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 10. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of landscaping prior to the issuance of any development permits. The escrow will be held by the City for two years after installation of landscaping and used for City costs related to review, approval, and inspection of landscaping, or developer default. 11. Final construction plans shall be subject to approval by the Building Official and Fire Marshall prior to the issuance of a building permit. 12. The Developer shall provide the City with a copy of the Rice Creek Watershed District permit for the project prior to the issuance of any development permits. 13. Final grading, drainage, utility, and site plans shall be subject to approval by the City Engineer and City Planner prior to the issuance of a Grading and Erosion Control Permit or other development permits. 14. The Developer shall obtain a right-of-way permit from Ramsey County for the sidewalk construction along Lexington Avenue. 15. Prior the issuance of a Certificate of Occupancy for the Phase III building, the six-foot wide concrete sidewalk along Lexington Avenue shall be constructed in its entirety as shown on the PUD Master Site Plan. 16. All mechanical equipment, whether ground-mounted or roof-mounted, shall be screened from ground-level view of public streets. Wood screening shall not be permitted. Councilmember Holden asked if the arborvitae were included in the landscaping plan. Associate Planner Bachler commented that the applicant had provided an additional 13 arborvitae on the Landscape Plan after the Planning Commission meeting. He indicated where the arborvitae would be planted on the site. Councilmember Woodburn questioned where the HVAC unit would be located. Associate Planner Bachler stated that the applicant was still determining the best location for an HVAC unit. He noted that this equipment would be required to be screened from ground-level view of public streets. Mayor Grant inquired how many handicap parking spaces would be striped outside the restaurant. ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 8 Associate Planner Bachler commented that three handicap stalls would be provided on the Tavern Grill lot. Mayor Grant asked if three handicap spaces would adequately serve the proposed restaurant. Associate Planner Bachler deferred this question to the applicant. Paul Schroeder, Westwood Engineering, reported that one handicap parking stall was required per 25 parking spaces. He noted that the estimated parking need for the restaurant was 60 stalls, which led him to include three handicap parking stalls for the proposed restaurant parking lot. He understood that this site was a shopping center and other additional handicap parking stalls were available. He provided further comment on State handicap parking requirements. Mayor Grant asked if the building would have stucco or EIFS. Mary Hustead, project architect, explained that the building would have a textured stucco finish. MOTION: Councilmember McClung moved and Councilmember Woodburn seconded a motion to Approve Planning Case 15-016 for a Final Planned Unit Development (PUD) for Phase III of the Arden Plaza Master PUD at 3527- 3557 Lexington Avenue North, based on the findings of fact and submitted plans, as amended by the sixteen (16) conditions in the August 31, 2015, Report to the City Council. Councilmember Holden asked if the phases could be discussed by the Council, or only the PUD. She was in favor of additional handicap parking near the new median and trees. City Attorney Jamnik advised that the Council could require additional parking within the PUD. Councilmember Holden inquired if the existing storm water pond would remain in place. Public Works Director Maurer reported that staff met with Rice Creek Watershed and the pond would remain in place. Rice Creek approved the current condition of the pond with its natural vegetative borders. AMENDMENT: Mayor Grant moved and Councilmember Holden seconded a motion to require the applicant to provide four (4) additional handicap parking stalls. Mr. Schroeder believed that he could fit these additional parking stalls on the site, so long as they did not have to be directly in front of the restaurant. Mayor Grant supported this comment. The amendment carried (5-0). The amended motion carried (5-0). ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 9 C. Regulation of Cellular Antennas Associate Planner Bachler stated that staff recently provided the City Council with a memo written by the City Attorney, Joel Jamnik, addressing the regulation of cellular antennas in the Zoning Code. The memo was provided in response to questions received from Councilmember Woodburn regarding the classification of cellular antennas as an accessory use. The City Attorney has provided suggested revisions to the Zoning Code to help clarify this issue. Associate Planner Bachler explained that at the City Council work session on August 17, 2015, Councilmember Holmes requested that this item be discussed by the City Council at a future meeting. If the City Council believes additional clarification is needed in the Zoning Code, staff is requesting that this direction be provided. Staff will then work with the Planning Commission on drafting an Ordinance to make any necessary revisions. Councilmember Woodburn questioned how this item would proceed. Associate Planner Bachler reported that staff was seeking comments from the City Council on what areas of the Code were in need of revision. Staff would then discuss the matter with the Planning Commission and make necessary revisions to the Zoning Code. Councilmember Woodburn provided the Council and staff with a handout addressing his concerns. He then discussed the handout in detail and addressed his concerns with regard to the regulation of cellular antennas. He believed there were contradictions in the definitions and requested clarification from staff regarding his concerns. Councilmember Holmes discussed the difference between principal, accessory and secondary uses. Councilmember Holden asked if the proposed changes made by the City Attorney addressed Councilmember Woodburn's concerns. Councilmember Woodburn reported that there were still contradictory definitions within the Code that concerned him. Mayor Grant requested that the City Attorney provide a brief summary on his memo to the City Council. City Attorney Jamnik commented that the revisions the City made to its antenna regulations in 2009 are consistent with neighboring communities. He advised that the City would like to see antennas co-located on existing high structures, water towers and the like, and in order to facilitate this, antennas were allowed as accessory uses when attached to existing buildings. He explained that this was a rational and logical approach that was taken by many cities. However, he understood that the definition of accessory use may need to be revised within the code. He provided comment on the antenna array that was recently approved for Verizon Wireless at Bethel University's facility at 2 Pine Tree Drive. ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 10 Mayor Grant suggested that discussion by the Council be limited to the City Attorney's recommendation. Councilmember Woodburn did not believe City Code should have dissonant matters and for that reason recommended that the definitions be further clarified. It was his opinion that the current code language was extremely confusing when defining accessory and secondary uses. City Attorney Jamnik advised that some of the definitions within the Code were fairly broad. He explained that he could further wordsmith the Code. Councilmember McClung inquired if the City Attorney believed his proposed changes provided sufficient clarity for the regulation of cellular antennas. City Attorney Jamnik believed this to be the case, but stated that he would be more than happy to address the dissonant matters brought up by Councilmember Woodburn. Mayor Grant was not in favor of unwrapping the entire City Code and its current definitions. For that reason, he supported staff's recommendation. Councilmember McClung supported the City Attorney's code amendments as well. Councilmember Woodburn deferred this issue to the remaining City Council. Councilmember Holden supported the City Attorney and his recommendation. MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to support the recommendations of the City Attorney regarding the regulation of cellular antennas. Councilmember Woodburn questioned the approval process for the revision of the cellular antenna regulations in the Zoning Code. Associate Planner Bachler reviewed the Zoning Code amendment process with the Council. He commented that the Planning Commission would hold a public hearing and make a recommendation to the City Council on this matter. Councilmember Woodburn did not believe that the proposed revisions were technical enough to require a hearing in October. City Attorney Jamnik suggested a hearing be held in November after additional review by staff. The motion carried (5-0). 9. UNFINISHED BUSINESS None. ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 11 10. COUNCIL COMMENTS A. State Fair Parking Mayor Grant stated that he received a complaint regarding a cul-de-sac and State Fair parking. Public Works Director Maurer reviewed the City's parking requirements with regard to cul-de- sac. He discussed how the City has signed its streets to allow for the proper delivery of mail. He stated that those taking the State Fair shuttle were allowed to park on City streets, so long as these vehicles were not blocking intersections, driveways or mailboxes. Councilmember Woodburn expressed concern with the numerous cars parked in the City at the State Fair shuttle areas. He believed the park n' ride areas were insufficient for the number of cars taking advantage of this service. Councilmember Holden commented that this year parking has become a major concern as cars were parking adjacent to posted "No Parking" signs. She recommended that the cars be towed and/or ticketed to ensure that Arden Hills' homeowners are able to get out of their driveways. Mayor Grant believed that the Council may need to be more proactive regarding State Fair parking to ensure that residents understand the City's parking plan. Public Works Director Maurer understood that parking was a concern this year. He stated that the park n' ride lots may not be appropriately sized for the State Fair. He explained that the Public Works Department posted temporary "No Parking" signs this year to address this concern. He reported that the signs were reviewed and approved by the Sheriff's Department. Mayor Grant questioned if vehicles could be towed. Public Works Director Maurer was uncertain and stated that this question could be addressed with the Sheriff's Department. Mayor Grant discussed the parking situation further and understood that personal signs could not be enforced by the Sheriff s Department. Mayor Grant asked if a fire truck could pass through Prior Avenue. Public Works Director Maurer believed that a fire truck could pass, but noted that this roadway could be posted"No Parking" on one side. Councilmember Holden expressed concern with the expense the City has incurred to post "No Parking" signs. Public Works Director Maurer commented that the temporary signs were being made at City Hall and being posted by staff. ARDEN HILLS CITY COUNCIL—AUGUST 31, 2015 12 Councilmember Holmes stated that on August 18th she attended the Open House for Preferred Insurance Services, which was a new business in the City of Arden Hills. She stated that she ran into Craig Wilson, the City's cable representative, and he was interested in attending the State of the City meeting. Mayor Grant supported Mr. Wilson attending and speaking for three to five minutes. Councilmember Holmes appreciated the financial report that was included in the recent Arden Hills' Notes. Councilmember Holden asked if the State of the City would be cablecast and replayed on the City website. Community Development Director Hutmacher reported that the meeting held at City Hall would be recorded by CTV. Councilmember Holden was interested in looking into regulating the length of time a homeowner could place items in their yard with a"Free" sign. Community Development Director Hutmacher stated that the City did not actively patrol this matter, but rather this issue was handled on a complaint basis. The City's existing ordinance prohibits accumulation of rubbish and debris, and staff would work with owners to bring properties into compliance. Councilmember McClung was pleased that the Tavern Grill would be locating in the City of Arden Hills. Mayor Grant agreed stating that this would be a nice addition to the City. ADJOURN MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously (5-0). MavcLr Grant adjourned the regular City Council meeting at 9:03 in. ,t "/1,1 1)k,��,?V Amy Dietl 0 David Grant City Clerk Mayor