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HomeMy WebLinkAbout10-31-16-R-APPEN HILLS Approved: December 12, 2016 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 31, 2016 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 Jonathan Wicklund Absent: None Also present: Interim City Administrator and Director of Finance and Administrative Services Sue Iverson; Interim Public Works Director/City Engineer Andy Brotzler; and Senior Planner Matthew Bachler PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested an item be added to the agenda after Approval of the Agenda to allow for a Public Announcement. Mayor Grant asked that Item 9B be removed from the agenda per staff's request. Councilmember Holden requested Item 6C be pulled from the Consent Agenda to be discussed as Item 7A. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). PUBLIC ANNOUNCEMENT Mayor Grant stated on Wednesday, November 16, 2016, the City is holding an Open House. The intent of the Open House was to show the public the most recent plans for TCAAP. He explained the developer would be presenting this information along with City staff. He reported ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 2 the City would be seeking public feedback. The Open House would begin at 4:00 p.m. at the Marsden Room and would run until 7:30 p.m. All residents were encouraged to attend this event. 2. PUBLIC INQUIRIESANFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, discussed the recent article that was printed in the Star & Tribune. He found it ironic that the Mayor and Councilmember Holden were not supportive of the proposed plan but somehow supported a potential Vikings stadium, which would have been 20 stories in height. He expressed concern with the vacancies at City Hall and questioned when the Council would be hiring a City Administrator, Public Works Director and Community Development Director. He questioned why the Council was waiting to fill these positions until a City Administrator was hired. He understood that the Council was comfortable paying consultants and wondered if consultants should be brought in to act on behalf of Arden Hills Council stating perhaps these consultants would more properly manage the City. He recommended the Council make parks and trails a priority through an increased levy as was requested by the citizens of Arden Hills. It was his opinion the City Council lacked vision and leadership. Councilmember Holden reported she knew the Vikings stadium would never come to the City of Arden Hills. She stated the comment made by Mr. Larson regarding the stadium was totally false and explained the Council had never reviewed stadium plans. She cautioned the residents of Arden Hills from believing everything they read in the paper. She reported the majority of the cities the size of Arden Hills do not have an engineering department. She indicated the City was actually saving money by hiring an engineering consultant to assist with roads and parks on an as - needed basis. In addition, the consultants have fresh eyes regarding the City's contracts and PMP projects. She understood that parks and trails were a priority for the City and encouraged the residents to be patient as efforts were underway with the County to use County right-of-way for cost savings. Councilmember McClung requested that any further comments from the Council be made under Council Comments. 3. PUBLIC PRESENTATIONS A. Leaders in Local Government Finalist Award Mayor Grant stated he was pleased to inform the Council and the public that Arden Hills was nominated in the Business Retention and Expansion category for the second year in a row. While the City did not receive the top award, Arden Hills was recognized as one of three finalists along with Ramsey County and the City of Mounds View. The City was nominated for the Land O'Lakes expansion. The program cited that the City worked closely with leadership from Land O'Lakes and in partnership with Ramsey County and the Mounds View Public Schools to retain the Fortune 500 Company and secure an $80 million expansion that promises 200 new jobs in the city. It was noted Mayor Grant and staff attended a luncheon on behalf of the City on Tuesday, October 18 to receive the award. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 3 4. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update Interim City Administrator and Director of Finance and Administrative Services Iverson provided the Council an update on the following meetings: • On September 28 and October 25, 2016, the City and County Staff and consultants met with the Master Development Team and their consultants to discuss infrastructure and mass grading. • On October 10 and 17, 2016, the City Council met with the Master Developer team to review requested updates to the TRC document that reflected land use and master plan changes. • On October 17, 2016, City staff and planning consultants met with the Master Developer park planning consultants to overview the planned improvements by the Master Developer for the parks. The purpose of the meeting was to determine timing of development of high level park plan specifications that could be utilized by the City and Master Developer to obtain cost estimates for park development. • On October 18, 2016, WSB and Kimley-Horn met to overview the infrastructure plans to date. • On October 19, 2016, the City and County Staff and consultants met with the Master Development Team regarding project updates. • On October 6 and 20, 2016, Bob Lux of Alatus and Kent Carlson of Inland met with the Mayor and Council Member Holden to discuss their concerns regarding development in Town Center. • On October 24, 2016,the City Council met in a work session to discuss the upcoming open house for TCAAP. Councilmember Holmes requested staff provide the Council with a summary of the items discussed on October 17, 2016, regarding the TCAAP parks. B. Transportation Update Interim Public Works Director/City Engineer Brotzler reported work continues on the County Road H bridge over 35W. He discussed the ramp and road closures associated with this project along with the construction timeline. He anticipated the project would be completed by the end of 2016. Interim Public Works Director/City Engineer Brotzler stated the Lexington Avenue project was substantially complete. He noted restoration work had yet to be completed but all lanes of traffic were now open. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 4 Interim Public Works Director/City Engineer Brotzler discussed the MnDOT barrier cable project along Highway 10. He indicated working on this project would continue through November 2016. Mayor Grant questioned if the work on Shorewood Road would be completed in 2016. Interim Public Works Director/City Engineer Brotzler believed this work would be completed in 2016. 5. APPROVAL OF MINUTES A. October 10, 2016, Special City Council Work Session B. October 10, 2016, Regular City Council Councilmember Holden reviewed the changes she submitted to staff for both sets of minutes. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to approve the October 10, 2016, Special City Council Work Session meeting minutes; and the October 10, 2016, Regular City Council meeting minutes as amended. The motion carried unanimously (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Accept 2016 Third Quarter Actuals MOTION: Councilmember Holden 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). 7. PULLED CONSENT ITEMS A. Motion to Approve Lake Johanna Fire Department Capital Expenditures Interim City Administrator and Director of Finance and Administrative Services Iverson stated the City has received one invoice from the Lake Johanna Fire Department (LJFD) for a capital expenditure in 2016. This invoice relates to capital equipment expenditures which was included and approved in the 2016 budget. The total LJFD budgeted cost for this item was $20,000.00 and the actual cost is $20,300.00. Arden Hills' budget share for this item in the Public Safety Capital account was $4,900.00 (or 24.5%) and the actual cost is $4,973.50. Councilmember Holden requested further information on how monies were allocated by the LJFD. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 5 Councilmember McClung explained the distribution of monies by the LJFD was addressed in the bylaws of the association. He stated he would provide the entire City Council with a copy of the bylaws. Councilmember Holden asked if Fire Station 2 was owned by the City of Shoreview. Councilmember McClung indicated Fire Station 2 was owned by the Lake Johanna Fire Department and not the City of Shoreview. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion_ to approve a payment in the amount of $4,973.50 to the Lake Johanna Fire Department, which is the City's share of the capital expenditures for the replacement of fencing. The motion carried (5-0). 8. PUBLIC HEARINGS None. 9. NEW BUSINESS A. Planning Case 16-024 — MedExpress Final PUD —1150 County Road E Senior Planner Bachler stated the City approved a Master PUD for the Arden Plaza retail center in 2009 (Planning Case 09-011). For each successive phase of the redevelopment, a Final PUD plan is required to be submitted to verify general conformance with the Master PUD and to provide more detailed development plans for the phase to be implemented. Senior Planner Bachler explained MedExpress has requested a Final PUD for Phase II to develop 1150 County Road E for a 4,733 square foot neighborhood medical clinic. The Master PUD Site Plan shows Phase II being developed as a 6,000 square foot commercial building (Attachment Q. The proposal would result in an overall lower density of development on the site than what was originally approved for Phase II. The development plans are in substantial conformance with the Master PUD plans. Senior Planner Bachler reported MedExpress operates numerous medical centers across the country that are similar to the one proposed for Arden Plaza, and the company is expanding its operations in Minnesota. Local medical centers have recently opened in Eden Prairie and Plymouth. MedExpress offers a broad scope of services, including urgent care, employer health services, and basic wellness and prevention services. The Arden Hills center would be open daily from 8:00 a.m. to 8:00 p.m. Senior Planner Bachler stated the clinic would be oriented towards the other buildings within the Arden Plaza retail center with the main entrance located at the southeast corner of the building. Surface parking including 29 stalls would be placed on the south side of the lot and would be mostly screened from County Road E by the building and landscaping improvements. Sidewalks have been provided for pedestrian connections with the public sidewalk on County Road E and the internal retail center sidewalks. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 6 Senior Planner Bachler reviewed the Plan Evaluation and offered the following Findings of Fact: 1. MedExpress has requested approval of a Final PUD for Phase II of the Arden Plaza Master PUD at 1150 County Road E West. 2. The original Master PUD for the development was approved in Planning Case #09-011. Subsequent PUD Amendments were approved in Planning Case #11-0 16 and Planning Case #15-002. 3. The applicant has proposed to construct a 4,733 square foot neighborhood medical clinic and associated site improvements. 4. The development proposal is in substantial conformance with the approved Arden Plaza Master PUD and the site improvement requirements contained therein. 5. The Arden Plaza retail center and the Phase II development site are located in the B-2 General Business District. 6. The City has adopted the Guiding Plan for the B-2 District that outlines future development principals for the area. 7. The City has adopted Design Standards for the B-2 District within the Zoning Code. 8. The Final PUD for Phase II is in substantial conformance with the requirements of the City Code. 9. The Final PUD for Phase II is in substantial conformance with the Guiding Plan for the 13- 2 District. 10. The Final PUD for Phase II is in conformance with the City's Comprehensive Plan. 11. The PUD process allows for flexibility within the City's regulations through a negotiated process with a developer. 12. Where the plan is not in conformance with the City Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformity. 13. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Senior Planner Bachler reported The Planning Commission unanimously recommends approval (4-0) of Planning Case 16-024 for a Final PUD for Phase II of the Arden Plaza Master PUD at 1150 County Road E West based on the findings of fact and submitted plans in the October 31, 2016, Report to the City Council, as amended by the following seventeen (17) 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. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 7 5. Prior to the issuance of any development permits, a copy of all necessary supplemental declarations between MedExpress and Arden Plaza, LLC addressing site operation issues, including but not limited to driveway maintenance, shared parking, and drainage, shall be provided to the City. 6. 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 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. 7. 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. 8. 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. 9. 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. 10. Final construction plans shall be subject to approval by the Building Official and Fire Marshall prior to the issuance of a Building Permit. 11. 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. 12. A Grading and Erosion Control Permit will be required prior to the issuance of a Building Permit. The Developer shall be required to demonstrate that the existing stormwater system for Arden Plaza is adequate to accommodate the additional runoff that will result from the development. 13. The Developer shall obtain a Right -of -Way Permit from Ramsey County for any construction work required for the development within the County Road E right-of-way. 14. The building shall be permitted no more than a total of 150 square feet of wall signage. 15. All roof -mounted mechanical equipment shall be screened from ground -level view of public streets. Wood screening shall not be permitted. 16. Trash service enclosure shall be fully enclosed and constructed with the same brick fiber cement panel used for the principal structure. 17. All spandrel glass used on the building shall be light grey or other color that closely matches the appearance of the transparent glass being used. Councilmember Holden asked if the proposed building material was approved by the City. Senior Planner Bachler discussed the B-2 design standards and required building materials. He explained masonry brick was preferred but the applicant was proposing to use simulated brick. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 8 Councilmember Wicklund questioned if other buildings in the B-2 district have used discouraged building materials. Senior Planner Bachler noted that the McDonald's on County Road E was constructed of a simulated brick material and that the Tavern Grill used more stucco than was allowed under the design standards. Councilmember Holden reported the Council revised its design standards for the B-2 district after McDonald's was constructed. Councilmember Wicklund inquired if the site had adequate parking. Senior Planner Bachler clarified based on the use and the number of employees 31 stalls were required and 29 have been provided. He explained that an existing shared parking agreement allows for all properties within the Arden Plaza retail center to use parking elsewhere in the shopping center. Councilmember Holden recommended a marked pedestrian crosswalk be required in order to improve pedestrian safety. Councilmember McClung questioned if the Fire Department had reviewed the plans. Senior Planner Bachler reported the Fire Marshall had reviewed and approved the plans. Mayor Grant asked if this was a sprinkled building. Senior Planner Bachler reported this was the case. Councilmember Holmes inquired if the window treatments met City requirements. Senior Planner Bachler reviewed the building elevations with the Council and noted which windows would be transparent versus spandrel glass. Councilmember Holden requested further information on the wall signage. Senior Planner Bachler reviewed the proposed wall signs for the MedExpress building. Councilmember Holden asked if the bell towers would be lit at night. Senior Planner Bachler was uncertain and deferred this question to the applicants. Mayor Grant felt strongly that the exterior building materials should meet the B-2 design standards. Councilmember Wicklund requested comment from the applicant on the need to use simulated brick versus real masonry brick. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 9 Jordan Fleischman, MedExpress, reported the simulated brick panels were much easier to replace and handled moisture better. He provided a simulated brick panel for the Council to review. Councilmember Holden questioned if the bell tower would be lit in the evening hours. Councilmember Holmes explained the north elevation would not have any lighting. She stated the City may want to have the bell towers lit to make the building look open and viable. Councilmember Holden recommended the north tower be dimmed or be turned off by 11:00 p.m. so as not to interfere with the EStreet Flats apartment building on the north side of County Road E. Mr. Fleishman explained the towers would be turned off overnight. Mayor Grant suggested this recommendation be included in the motion along with the hours of operation. Councilmember Holmes stated she supported the signage as requested. Mayor Grant recommended that Walgreens be made aware of the new MedExpress building. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve Planning Case 16-024 for a Final Planned Unit Development (PUD) for Phase II of the Arden Plaza Master PUD at 1150 County Road E West, based on the findings of fact and submitted plans, as amended by the seventeen conditions in the October 31, 2016, Report to the City Council. Councilmember Holden recommended a condition be added requiring the applicant to have a sidewalk along the property line to the Red Cross/stop sign. Senior Planner Bachler reviewed the location of the existing sidewalk along with the proposed sidewalk segment. He noted there may not be enough width to fit a sidewalk at this location. Councilmember Holden questioned why the City required the Red Cross to complete a sidewalk segment when there could be no connection. Further discussion ensued regarding the sidewalk connection. Mayor Grant recommended the sidewalk only be required if the sidewalk was feasible. AMENDMENT: Councilmember Holden moved and Councilmember Holmes seconded an amendment requiring the applicant to install a sidewalk along the property line to the Red Cross/stop sign. Councilmember Wicklund stated he would not support the amendment. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 10 Councilmember Holmes did not see why MedExpress should be required to put in a sidewalk when they do not own the land. Councilmember Holden stated Arden Plaza owns this property and the Council was being asked to approve an Arden Plaza PUD. Mayor Grant questioned the length of the requested sidewalk. Senior Planner Bachler estimated the sidewalk would be three or four feet in length. Councilmember Holden requested the Council not miss this opportunity to make a valuable sidewalk connection. Councilmember Holmes did not object to having a sidewalk at this location. However, she questioned who would be paying for the sidewalk. Mayor Grant anticipated the owner of the property would work this out with MedExpress. Councilmember Holmes called the question. The amendment failed 2-3 (Holmes, McClung and Wicklund opposed). Councilmember Holden did not believe that marked crosswalks could be required if a sidewalk could not be required. Mayor Grant questioned if the Council could make a recommendation regarding the crosswalk. Senior Planner Bachler indicated that staff would work with the City Attorney to address this within the Development Agreement. Mayor Grant recommended that the pedestrian crossing issue be addressed within the Development Agreement. Councilmember McClung suggested the sidewalk connection also be considered within the Development Agreement. The Council was in agreement. Councilmember Holden requested Condition 18 be added stating: The tower lights will only be lit during hours of operation. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded an amendment adding Condition 18 to read: The tower lights will only be lit during hours of operation. Mr. Fleischman asked if there was an Ordinance that would restrict the operation of these lights overnight. ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 11 Senior Planner Bachler reported there was no Ordinance in place that would prohibit this. Mr. Fleischman requested the tower be able to be lit past the hours of operation. Councilmember Holden discussed how the adjacent residential property would be impacted by the bell towers. Councilmember Holmes believed that since there is already existing lighting along this corridor, the bell tower lighting in the evening hours would not add significantly to the amount of lighting already there. Mr. Fleischman requested the bell tower be able to be lit until midnight. Mayor Grant did not believe this would be approved by the Council given its close proximity to a residential property. FRIENDLY AMENDMENT: Councilmember Holmes moved and Councilmember Holden requested the tower lights will only be lit during hours of operation or until 10:00 p.m. The amendment carried (5-0). AMENDMENT: Mayor Grant moved and Councilmember Holmes seconded an amendment requiring the applicant to construct the MedExpress building out of masonry brick. Mayor Grant reported this was the City's design standard and all surrounding uses have been constructed according to these standards. The amendment carried (5-0). The amended motion carried (5-0). B. Approve Assessment Agreement with Boston Scientific This item was removed from the agenda. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS ARDEN HILLS CITY COUNCIL — OCTOBER 31, 2016 12 Councilmember Wicklund reported he would not be in attendance at the November 14, 2016, City Council meeting. Councilmember Holden asked when the City would receive information on the tennis court soil borings. Interim Public Works Director/City .Engineer Brotzler stated staff was reviewing this information and would have a recommendation for the Council yet this fall. Councilmember .Holden read a letter she received from a Rick Harrison at the Star & Tribune regarding the "Build It and They Will Come" style redevelopment philosophy. She indicated she would provide each of the Councilmembers with a copy of the letter. Councilmember Holden requested staff follow up with the Goodwill to see how they would be addressing the window treatments for their donations room. Mayor Grant stated that on Wednesday, November 16, 2016, the City would be holding an Open House. The intent of the Open House was to show the public the most recent plans for TCAAP. Ile explained the Developer would be presenting this information along with City staff. He reported the City would be seeking public feedback. The Open L-touse would begin at 4:00 p.m. at the Marsden Room and would run until 7:30 p.m. All residents were encouraged to attend this event. Mayor Grant addressed the comments made by Gregg Larson. He commented on the staffing situation at City Hall and named the consultants that have been hired by the Council. He described the benefits the City has received by hiring consultants. He thanked Interim City Administrator Iverson for stepping in and working diligently on behalf of the residents of Arden Hills. He provided further comment on the City's staffing history. ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adiourn. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council meeting at 9:OOA, m. Llatt,&� ]u Hanson David Grant Civ Clerk Mayor