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HomeMy WebLinkAbout03-12-18-R 'It -AI�EN HILLS Approved: April 9, 2018 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING MARCH 12,2018 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 Steve Scott Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Sue Polka; City Planner Matthew Bachler; City Attorney Joel Jamnik; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meetinz agenda as presented. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority (JDA) Update City Administrator Perrault provided an update on TCAAP stating the March JDA meeting was canceled. He explained the JDA would be meeting next on Monday, April 2. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 2 4. APPROVAL OF MINUTES A. February 12, 2018, Special City Council Work Session B. February 12, 2018, Regular City Council C. February 20, 2018, City Council Work Session D. February 26, 2018, Regular City Council MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the February 12, 2018, Special City Council Work Session meeting minutes, February 12, 2018, Regular City Council meeting minutes, February 20, 2018, City Council Work Session meeting minutes; and February 26, 2018, 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 Contract for City Hall Cleaning Services—MN Services C. Motion to Approve Purchase of Wetland Banking Credits from the Minnesota Board of Water and Soil Resources D. Motion to Approve Marketing Agreement with Utility Service Partners Private Label, Inc.—National League of Cities Service Line Warranty Program E. Motion to Approve Quote from Arnt Construction Company — Johanna Marsh Tennis Court Removal F. Motion to Approve Resolution 2018-021 — State of Minnesota Bureau of Criminal Apprehension Joint Powers Agreement and Court Data Services Subscriber Agreement Amendment G. Motion to Approve Change Order No. 1 — Michels Pipe Services — 2017 Sewer Lining Project 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). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS A. Quarterly Special Assessments for Delinquent Utilities City Administrator Perrault stated water customers whose account is 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collect with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 3 Mayor Grant opened the public hearing at 7:06 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:07 p.m. B. Vacation of the Sewer Easement for the Arden Hills Lift Station #12 at 3685 New Brighton Road as proposed in Planning Case 17-029 City Planner Bachler stated the applicant has requested a Preliminary Plat, Final Plat, and Vacation of Easement in order to subdivide the existing lot located at 3685 New Brighton Road into three lots for single-family residential dwellings, as proposed in Planning Case 17-029. A request for a Vacation of Easement requires a public hearing before the City Council. The full application for the Preliminary Plat, Final Plat, and Vacation of Easement will be reviewed by the City Council under New Business on March 12, 2018 (Item 8B). No action is required as part of this agenda item other than holding the public hearing. City Planner Bachler explained the City's sanitary sewer system includes a total of 14 lift stations. Lift Station 12 is located at 3685 New Brighton Road along the southern property line of the lot along Thom Drive. This lift station was originally built in 1970. The pump, wet well, and controls for the lift station were last reconstructed in 2012. As part of the reconstruction in 2012, the forcemain and electrical services were relocated, which resulted in an overall smaller footprint for the facility. City Planner Bachler reported Lift Station 12 is located on private property and an easement has been dedicated to the City that allows for the operation and maintenance of the lift station. The existing easement covers the area of land that includes the pump, wet well, electrical panel, and the driveway section used for City vehicles. Additionally, the easement area includes an 8-inch sanitary sewer line that runs along the west side of the lift station facility. Due to the reconstruction and updates to the lift station in 2012, the easement covers an area larger than the facility footprint and utility lines. City Planner Bachler commented Planning Case 17-029 includes a request to vacate the existing easement for the lift station facility. The proposed Final Plat includes the dedication of a new easement for the lift station covering a small area of land. The easement would be reduced on the eastern side to accommodate a driveway to access a future dwelling. The revised easement area would still include the pump, wet well, electrical panel, driveway section, and 8-inch sanitary sewer line. City Planner Bachler stated the Public Works Director/City Engineer has reviewed the new easement area and determined that it provides adequate area for the City to continue to operate and maintain Lift Station 12. The easement area is sufficient if the City needs to reconstruct the lift station in the future. In the event a larger area of land was needed by the City for staging and completing a reconstruction of the lift station, the City would be able to obtain a temporary construction easement from the property owner at that time. Councilmember Holden read a portion of the easement document and questioned how the City would know if a temporary construction easement would be granted by the adjacent property owner. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 4 City Planner Bachler explained it was common for cities and counties to request and receive temporary easements to complete construction projects from private property owners. He stated the need for a permanent easement was needed for the maintenance and operation of the Lift Station. City Attorney Jamnik advised if the temporary easement was not able to be obtained through voluntary negotiations, the City has the authority to condemn the temporary construction easement, which would be the rental value of the property for the time it could not be used by the fee owner. He explained this action has been taken during road construction projects for the period of construction. Councilmember McClung questioned if this would be an additional cost to the City if a larger easement was not granted. City Attorney Jamnik reported this was the case. Mayor Grant asked if staff believed the City had an adequate amount of easement after the proposed vacation were approved. Public Works Director/City Engineer Polka stated this was correct. She anticipated the City would not have to complete major excavation work at this site for another 40 to 50 years. Councilmember Holden questioned what work would have to be done over the next 40 years. Public Works Director/City Engineer Polka explained liners and grouting work could all be done from the interior of the Lift Station. Mayor Grant opened the public hearing at 7:17 p.m. Joe Federer, 3695 New Brighton Road, stated the proposed plans would put an additional burden on the City. He anticipated a new Lift Station could be built on the smaller easement, but he believed this would be more difficult and more expensive. He explained in 2007, the City Engineer and the Public Works Director recommended easements not be reduced this much, stating it would be difficult to rebuild a future Lift Station. He stated in the past, when easements were reduced on one side, expansions were created on the other. He commented this easement was further complicated by retaining walls, a catch basin, and trees and was being shrunk to 30% of its original size. He indicated this Lift Station would need to be rebuilt at some point in the future and explained the last construction process went beyond the current easement. He questioned how the site would be rebuilt if the easement were reduced so drastically and noted the sewer line would run under the driveway of proposed Lot 1. He feared that if the Council were to approve this this request a precedent could be set. In addition, he anticipated it would cost the City more money to rebuild this Lift Station given the small amount of space that would remain for reconstruction. He commented it does not appear to be in the public's best interest to vacate this easement and therefore should not be approved. Ivan Gilbert, 3707 New Brighton Road, stated the City was proposing to squeeze the Lift Station onto a lot and feared that this could create a problem. He commented the only reason this was ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 5 being done was to allow the developer to make as much money as possible and was not about what was best for the City of Arden Hills. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:25 p.m. 8. NEW BUSINESS A. Resolution 2018-020 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities. City Administrator Perrault stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated February 6, 2018 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by March 6, 2018. Utility accounts with an unpaid delinquent balance after March 6, 2018 would be certified to Ramsey County to be added to property taxes payable in 2019. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. It was noted the City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to adopt Resolution #2018-020 — Certifying Delinquent Utilities to Ramsey County. The motion carried (5-0). B. Planning Case 17-029 — 3685 New Brighton Road — Preliminary Plat and Final Plat and Resolution 2018-019 Approving the Vacation of the Sewer Easement for Arden Hills Lift Station #12 City Planner Bachler stated the existing property at 3685 New Brighton Road is approximately 1.9 acres in size and is comprised of a single-family residential dwelling, detached garage, and shed. The dwelling and accessory structures are located towards the eastern side of the property, and the one access driveway for the lot is on New Brighton Road near the intersection with Thom Drive. The property has approximately 124 feet of frontage on New Brighton Road and 378 feet of frontage along Thom Drive. City Planner Bachler reported the topography of the lot generally slopes west from New Brighton Road to a wetland complex located on the western parcel boundary. This wetland area covers approximately 0.3 acres of the property and extends off the property to the north and south. The City has a sanitary lift station located on the southern edge of the property approximately in the middle of the lot. The remainder of the lot is heavily wooded with a large number of significant trees. City Planner Bachler noted the applicant has proposed subdividing the existing property to create three lots for single-family residential dwellings. The existing dwelling and other improvements would be retained and located on the proposed Lot 3. Two new lots (Lot 1 and Lot 2) would be located to the west of Lot 3 with frontage and driveways on Thom Drive. The existing access driveway for Lot 3 would be relocated to Thom Drive and the three parcels would ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 6 be similarly oriented with principal frontage on Thom Drive. All three lots meet the minimum requirements for the R-2 District and no variances are needed for the subdivision proposal. City Planner Bachler explained a Preliminary Plat, Final Plat, and Vacation of Easement is being requested for the proposed subdivision. An easement vacation is needed to vacate a portion of the public sewer easement for the City lift station on the property. The City Council held the required public hearing for the easement vacation earlier this evening. City Planner Bachler indicated the public hearing for Planning Case 17-029 was held at the Planning Commission meeting on January 10, 2018. The Planning Commission voted to table the application at this meeting to allow staff and the Rice Creek Watershed District additional time to review the stormwater management plan for the development. City Planner Bachler stated staff brought the application forward to the Planning Commission on February 7, 2018 after completing its review of the stormwater management plan and receiving a copy of the CAPROC (Conditionally Approved Pending Receipt of Changes) notice from Rice Creek Watershed District on January 29, 2018. He reported a full evaluation of the proposal was presented to the Planning Commission on February 7, 2018. CityPlanner Bachler reviewed the Storm Water Management Plan, Park Dedication Fees Tree g Preservation Plan, and the Traffic and Public Safety concerns for this Planning Case. City Planner Bachler offered the following Findings of Fact: 1. The property at 3685 New Brighton Road is located in the R-2 — Single and Two-Family Residential Zoning District. 2. The subject property is 83,253 square feet in size with approximately 124 feet of frontage on New Brighton Road and 378 feet of frontage on Thom Drive. 3. The subject property is currently comprised of a single-family residential dwelling, detached garage, and shed. 4. The City has an existing lift station located along the southern line of the subject property along Thom Drive. This lift station is located on private property and the City has a utility easement that permits the City to operate and maintain the lift station. 5. The applicant has requested a Preliminary Plat, Final Plat, and Vacation of Easement in order to subdivide the subject property to create three (3) lots for single-family residential dwellings. 6. The proposed Horita Acres subdivision meets the Minimum Subdivision Design Standards included in Section 1130 of the Arden Hills City Code. 7. The park dedication requirement for this application is six percent of the buildable land area in the subdivision or a park dedication fee of $6,500 per lot. Six percent of the development would be 0.11 acres which would not allow for a feasible park area. The park dedication fee of$6,500 per new lot will be applied in this case. 8. The proposed Horita Acres subdivision meets or will be required to meet the Required Improvements for subdivisions included in Section 1140 of the Arden Hills City Code. 9. The proposed Horita Acres subdivision would result in three (3) lots that would conform to the minimum lot area and dimension requirements for the R-2 District. 10. The R-2 District permits residential densities of up to five (5) units per net acre. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 7 11. The proposed Horita Acres subdivision would have a density of approximately 1.86 units per net acre. 12. The proposed Lot 1 and Lot 2 could be developed for a single-family residential dwelling and meet the setback, lot coverage, height, and FAR requirements for the R-2 District. 13. The proposed Lot 3 would meet the lot coverage requirements for the R-2 District. 14. The existing dwelling on Lot 3 has a deck that would encroach into the proposed western side yard setback and within a drainage and utility easement. 15. The existing accessory structures on Lot 3 would meet the accessory structure setback requirements for the R-2 District. 16. Based on the submitted Tree Preservation Plan 193.5 caliper inches of new tree plantings are required based on the amount of significant tree caliper inches removed. 17. The applicant has proposed a Landscape Plan that includes 162.6 caliper inches of new tree plantings. 18. Section 1325.055 of the City Code states that replacement trees are required to be planted on the same site from which significant trees are removed, unless the City determines that the number of replacement trees exceeds the number of trees that can practically fit on the site. The City may require the additional replacement trees be planted off-site, or a fee in lieu of the off-site plantings may be collected set as the cost of materials and installation, plus ten percent. City Planner Bachler stated the Planning Commission recommends approval (5-0) of Planning Case 17-029 for a Preliminary Plat, Final Plat, and Vacation of Easement at 3685 New Brighton Road, based on the submitted plans and findings of fact in the March 12, 2018 Report to the City Council, as amended by the following nineteen (19) conditions of approval. Since the Planning Commission review of this application on February 7, the applicant has submitted a revised Landscape Plan that includes additional tree plantings and reduces the tree replacement deficiency. Staff has updated the recommended condition number 12 based on this. 1. The Preliminary Plat approval shall be contingent upon City Council approval of the request to vacate a portion of the existing easement for the City lift station on the proposed Lot 2. 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 City Council. 3. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The Development Agreement shall be executed prior to execution of the Final Plat. 4. The Developer shall submit a park dedication fee in the amount of$13,000, subject to the approval of the City Council. The park dedication fee shall be submitted prior to the execution of the Final Plat. 5. The Developer shall provide the City with a copy of the approved Rice Creek Watershed District Permit prior to the execution of the Final Plat by the City. 6. The developer shall file the Final Plat with the Ramsey County Recorder and provide the City with a recorded copy within sixty(60) days of approval. 7. The proposed project may require permits, including, but not limited to, MPCA-NPDES, Rice Creek Watershed District, Minnesota Department of Health, MPCA- Sanitary Sewer Extension, Ramsey County and City Right of Way, and City Grading and Erosion Control ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 8 permits. Copies of all issued permits shall be provided to the City prior to the issuance of any development permits. 8. Final grading and drainage plans shall be subject to approval by the City Engineer prior to the commencement of any construction on the site. 9. The signed and recorded Maintenance Agreement between the RCWD and the Developer for the stormwater management facilities on the site shall be provided to the City before the issuance of any development permits. The City shall not be responsible for the maintenance of the onsite stormwater management facilities. 10. Before construction, grading, or land clearing begins, trees or tree areas that are to be preserved shall be visibly marked and city-approved tree protection fencing or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan. 11. A Letter of Credit in the amount of 125 percent of the cost of materials and installation for the required replacement tree plantings shall be provided prior to the issuance of a Grading and Erosion Control permit. The Letter of Credit shall be valid for two full years from the date of installation of the replacements trees. 12. The Developer shall work with the City to find alternative locations for the 30.9 caliper inches of replacement trees off-site, or a fee in lieu of the replacement trees will be required equaling the cost of materials and installation plus ten percent, as determined by the City Council. 13. Survey monuments shall be placed and installed at all block corners, angle points, points of curves in streets, and at intermediate points as shown on the Final Plat. Pipes or streel rods shall be placed at the corners of each lot. 14. The Developer shall be required to stake metal markers along the drainage easement abutting the infiltration basins and wetland with signs stating the area is a natural vegetation/infiltration area and no dumping is allowed. The design of the signs shall be approved by the City prior to installation. 15. Sewer and water for the subdivision shall be obtained by connections to the City water and sewer systems. Extension of City services shall be subject to review and approval by the City Engineer and all associated costs shall be the responsibility of the developer. 16. A grading as-built and utility as-built plan shall be provided to the City upon completion of grading and utility work. 17. The deck on the existing single-family dwelling at 3685 New Brighton Road shall be removed or modified in order to meet the side yard setback requirement and not encroach on any drainage and utility easement prior to the issuance of a building permit for Lot 1 or Lot 2, or the Developer shall be required to submit a cash escrow with the City to ensure the removal of the deck within six (6) months from the approval of the Final Plat. 18. The driveway for the existing single-family dwelling at 3685 New Brighton Road shall be relocated to Thom Drive prior to the issuance of a building permit for Lot 1 or Lot 2, or the Developer shall be required to submit a cash escrow with the City to ensure the relocation of the driveway within six (6) months from the approval of the Final Plat. 19. The Developer shall conform to all other City regulations. Councilmember Holden asked what the previous deficiency was within the tree preservation plan. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 9 City Planner Bachler stated the previous deficiency was 101 caliper inches and this has been reduced to 30.9 inches. Councilmember Scott questioned if the tree preservation plan excluded Cottonwood trees. City Planner Bachler reported that staff had included the Cottonwood trees in their calculations. Mayor Grant asked what type of oak trees would be replanted. City Planner Bachler explained there would be three red oaks and seven swamp oaks. Councilmember Scott questioned the minimum lot width for the R-2 zoning district. City Planner Bachler stated the minimum lot width was 85 feet and was measured at the required 40 foot setback. Councilmember Scott inquired if there was an average lot width requirement. City Planner Bachler explained the City did not have this requirement. Councilmember McClung asked if the vacation of easement were denied if the Preliminary and Final Plat should be considered by the City Council. City Planner Bachler stated if the vacation of easement were denied a driveway could still be constructed over the easement area. He indicated the plat would have to be amended to show this change. City Attorney Jamnik reported this was the case noting most driveways were subject to street right-of-way easements. Mayor Grant questioned what the lot requirements were for the R-1 zoning district. City Planner Bachler indicated the minimum lot area for the R-1 zoning district was 14,000 square feet. He explained R-1 lots had a minimum width of 95 feet and minimum depth of 130 feet. Councilmember Holden questioned why staff recommended the driveway be moved from New Brighton Road to Thom Drive. City Planner Bachler explained this recommendation was made for Lot 3 in order to meet setback and safety requirements. Councilmember Holden requested further information regarding the retaining wall. City Planner Bachler reported a 40-foot long retaining wall would be installed to the west of the Lift Station for grading purposes. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 10 Councilmember Holden asked how the catch basins would be maintained. City Planner Bachler stated the catch basins would be the obligation of the homeowner. He commented further on the maintenance agreement that would be signed between the Rice Creek Watershed District and the homeowner. He noted the agreement would require the catch basins to be inspected annually and the property owner would be responsible for submitting these inspections to the Rice Creek Watershed District. He explained if the property owner were not properly maintaining the basins, the watershed district could go in, complete the maintenance, and invoice back the expense to the homeowner. He provided further comment on the maintenance that would be expected for the catch basin noting this would involve the removal of tree leaves and other debris that would clog up the outlet pipe. Councilmember Holden expressed concern with how the newly planted trees and their leaves would impact the catch basin. She questioned how the catch basin would be addressed should a problem arise. City Planner Bachler explained the Rice Creek Watershed District requires annual reporting which would assist them in tracking the catch basins. Councilmember Holden inquired if the City could go on the property to inspect the catch basins, or if only the watershed district was allowed. City Planner Bachler commented the maintenance agreement would be between the watershed district and the homeowner. However, he noted there was a clause within the Development Agreement that states the City could enter the property to complete maintenance work if the property owner was not completing this work and the watershed district was not enforcing their maintenance agreement. Councilmember Holden stated she did not want to see the City responsible for maintaining this catch basin. She asked if the Minnesota Pollution Control Agency could be brought in for maintenance purposes. City Attorney Jamnik advised the City would only step in if the Rice Creek Watershed District and the homeowner failed to maintain the catch basin. Councilmember Holden questioned why the Building Official had not weighed in on these plans. City Planner Bachler explained detailed construction plans were not required for a preliminary and final plat. He noted a building permit application would be required for Lot 1 and Lot 2. Councilmember Holden inquired how the City would enforce Condition 10. City Planner Bachler stated the City would have a surety in place to assist with covering the cost of any trees that were lost within two years of construction commencing. Mayor Grant asked if the lots were going to be clear cut. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 11 City Planner Bachler explained the property had 72 significant trees and 22 trees would be removed and 50 significant trees would remain. He reported that additional trees would be taken out, but they were not considered to be significant. It was his opinion the lots would not be clear cut. Councilmember McClung commented it appears that a stand of trees was being clear cut based on the proposed plans (trees 855 through 870). City Planner Bachler stated the provision within City Code regarding clear cutting did not provide staff with a great deal of guidance. He reiterated that diseased trees were removed from the City's tree preservation calculations. Councilmember Holmes commented on the trees on the plan that would remain. She questioned why trees 856 through 861 were being removed. City Planner Bachler explained his understanding was these trees were being removed to allow for the grading work that would need to be completed on the site. Councilmember Holden stated it appears more trees were being removed from Lot 1 and on Lots 2 and 3. City Planner Bachler commented this was the case. Councilmember McClung asked if the stormwater requirements for this plat would be less if only one new lot were developed instead of two. City Planner Bachler reported the stormwater requirements would be less for only one lot. Councilmember McClung indicated the crowding on the lift station and loss of trees would also be less if only one lot were developed. City Planner Bachler stated this was correct. Councilmember Holden commented on Condition 14 and asked if metal stakes were necessary. City Planner Bachler explained the City had a similar requirement for the Fox Ridge development and the developer had to place stakes on the property around the catch basins for future property owners. Councilmember Holden recommended the abstract have language that would require the homeowner to keep the stakes in place. Councilmember Holmes requested further information on the two plans for this neighborhood that were not passed by the Planning Commission and City Council. City Planner Bachler discussed at length Planning Cases 06-038 (Burroughs Lane Plat) and Planning Case 06-05 (2015 Thom Drive). He commented on the similarities and differences ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 12 between the cases. He noted that Planning Case 06-038 was approved and Planning Case 06-05 was denied. Mayor Grant commented there was no variance request for this Planning Case. He understood staff believed the Lift Station could be maintained with a reduced easement and that the City would be have the authority, within a developer's agreement, to enforce maintenance of the catch basins. He questioned what grounds the City had to deny the request. City Attorney Jamnik stated this was for the City Council to determine based on Findings of Fact. He reported the Council had limited discretion to go outside of the criteria within City Ordinance. He advised it would be very difficult to create findings for denial. Councilmember Holden asked if the house on Lot 2 was wider than 50 feet. City Planner Bachler explained the site plan was simply showing the location of the building pad, which was 50 feet wide and 60 feet deep. He anticipated the home plans for this lot would differ from the proposed building pad but would be required to meet setback requirements. Mayor Grant questioned if a potential buyer could ask for a variance to the proposed setbacks in order to construct a house that was wider than 50 feet. City Planner Bachler stated a variance request could be submitted by the future property owner of Lot 2 if their house plans were for a house wider than 50 feet. Further discussion ensued regarding the building pad for Lot 2. Councilmember Holden addressed the comments and concerns raised by the public at the Planning Commission meeting. She asked if the wetland protection requirements were being met for this plat. City Attorney Jamnik reported all wetland protection requirements had been met. Councilmember Holden requested further comment from the City Attorney regarding the proposed tree removal. City Attorney Jamnik stated he concurred with staff and explained on an area such as the building pad all trees would have to be removed. Councilmember Holden explained that in this neighborhood the houses are generally, much further apart. She questioned if the R-2 zoning requirements should override the character of the neighborhood. City Attorney Jamnik stated this was the case. In his opinion, a property owner's rights were determined by the zoning of their property. Councilmember Scott indicated he had a problem with the site plan. He believed that while Lot 2 technically met the intent of the law it did not meet the spirit of the law. He reported the majority of this lot was only 66 feet in width. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 13 City Planner Bachler commented the width of Lot 2 at the building pad area was only 66 feet, which was less than the 85 foot requirement. He explained the 85-foot width requirement was taken at the 40-foot setback from the front property line and at this location, the lot met the City's lot width requirement. Mayor Grant stated he has walked every street in the City and he understood the City had a wide variety of lot sizes and shapes. He commented this was caused by railroads, wetlands and roadways. He indicated this Lot 2 was not so different than other lots in the City. Councilmember Holden requested further information on the traffic concerns. City Planner Bachler reported the City can require a traffic study for any subdivision and in this case a traffic impact study was not required due to the fact only two additional single family lots were being created. Mayor Grant commented there was a newer development with three lots on the other side of Thom Drive that backed up to the railroad. He asked if a traffic study was completed for this development. City Planner Bachler stated he did not know if a traffic study was completed. Councilmember McClung questioned the width of Thom Drive and asked if this roadway was marked for no parking. Public Works Director/City Engineer Polka indicated Thom Drive was 26 or 28 feet in width and noted the roadway was not marked for no parking. Councilmember Holden commented that Thom Drive was only 21 feet in some places. Councilmember McClung asked if a fire truck could drive down Thom Drive if a car were parked on the street. Public Works Director/City Engineer Polka explained staff could investigate this further. Councilmember Scott noted for the record one of the residents that lives in the newer development on Thom Drive was dissatisfied with how his lot had been graded. This resident envisioned the two new lots would be even more severe than his lot. Councilmember Holden stated she did not like the proposed subdivision because the lot were laid out for maximum development. She commented that while this wasn't against the law, it wasn't pleasing. Mayor Grant indicated he wished fewer trees were being removed from the property. He was pleased the developer had reduced the deficiency from 101 inches to 31 inches. Councilmember Holden explained that even though she did not like the proposed subdivision, there was no reason for her not to support the request. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 14 City Attorney Jamnik stated not in his opinion. Councilmember Scott asked if the City has ever designated a historic district. Mayor Grant commented he was not aware of a historic district in the City. City Planner Bachler inquired if the Council wanted to require a fee be paid for the deficiency of 30.9 inches or if trees should be planted elsewhere in the City. He reported this was a decision that had to be made by the City Council this evening. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve Planning Case 17-029 - Preliminary and Final Plat at 3685 New Brighton Road based on the findings of fact and submitted plans, as amended by the nineteen (19) conditions in the March 12, 2018 Report to the City Council. Mayor Grant asked how many additional trees would have to be planted to meet the 30.9-inch deficiency. City Planner Bachler estimated an additional 12 trees at 2.5 caliper inches each would have to be planted. Mayor Grant commented there was a gap along Highway 96 that could use additional trees. Councilmember Holden stated she supported the City taking a fee in lieu of the trees as this would allow staff to plant trees wherever they were most needed. Council consensus was to support a cash payment in lieu of additional trees. Councilmember Scott asked if the Council had a made a determination on the park dedication fee. Mayor Grant stated he was not interested in reducing the park dedication fee. The Council was in agreement. Mayor Grant noted that when Councilmember Holmes made her motion for approval this included the park dedication fee. Councilmember McClung commented the proposed plat met the bare minimum for the City's requirements but was totally violative of the R-2 zoning district, especially for Lot 2. For this reason, he would not be offering his support for the Preliminary Plat. Councilmember Holden stated she would like to vote against this plat as well. However, there was nothing against a property owner from subdividing their land for future redevelopment. She explained she would not be supporting a variance for either of these lots. She commented that based on the recommendation from the City Attorney she would be offering her support to the plat. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 15 Mayor Grant indicated he has searched for reasons to deny the request as well. He commented there were no reasons. He explained he did not like the proposed development. He stated he was hopeful the fear of what may occur was less than what would actually occur. He explained if the Council were to deny the Planning Case very specific reasons would have to be cited. Councilmember Scott read a portion of City Ordinance Section 1150-04 regarding Division or Consolidation of Platted Lots of Record from Subdivision 3 — Public Welfare. He reported this portion of Ordinance reads: it shall be determined the proposed subdivision shall not be detrimental or injurious to neighboring properties in which the subdivision is located. He believed that based on the testimony provided by the neighbors the proposed subdivision would be injurious to the neighbors. For this reason, he would be siding with Councilmember McClung and would not be offering his support to the proposed plat. Councilmember Holden requested comment from the City Attorney regarding this portion of City Code. City Attorney Jamnik stated this was a valid concern or standard. He noted courts do require the City to identify external impacts that may be detrimental to try and mitigate those potentially detrimental impacts. He explained the City was allowed to attach conditions to the requested plat and was part of the review process. He advised the conditions for approval were incorporated in the report. He indicated if the Council were to deny based on this portion of City Code, the Council would have to enunciate what the impacts were, how they were injurious, and how this development was unique or different when compared to other developments in the City. The motion carried 3-2 (McClung and Scott opposed). Mayor Grant asked if the Council had any further questions of staff regarding the vacation of the sewer easement. The Council had no further questions. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to approve Resolution 2018-019 for the Vacation of a Sewer Easement for Arden Hills Lift Station #12 at 3685 New Brighton Road based on the findings of fact and submitted plans in the March 12, 2018 Report to the City Council. Councilmember McClung stated he would not be offering his support to this motion based on Minnesota State Statute 412.851. He commented it did not appear to be in the City's best interest to vacate this easement as the City's long-term costs would be increased in order to maintain the Lift Station. Mayor Grant asked if the applicant could still proceed with the lot split even if the vacation of the easement were denied. City Planner Bachler reported this was correct. Councilmember McClung stated it was not in the public's best interest to vacate this easement and therefore, he would not be supporting the request. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 16 Mayor Grant questioned how the future owner of Lot 2 would be impacted if the vacation of the easement were not approved by the City Council. City Planner Bachler commented the driveway for Lot 2 would cut across an existing sewer easement. He stated the driveway would also cross a drainage and utility easement along Thom Drive. It was noted a fair portion of the driveway would be located over easements and could be impacted by the City if there was a need to get to the utility lines underground or do other work within the easement areas. Mayor Grant asked if the owner of Lot 2 would be required to construct a concrete or bituminous driveway. City Planner Bachler stated this would be required by the City. Councilmember Holmes questioned if the City Council could make a finding that this vacation would cost the City more money based on the State Statute referred to by Councilmember McClung. City Attorney Jamnik stated this would be highly speculative given the fact any maintenance would be required in 40 to 50 years from now. He explained a temporary easement may not be required from Lot 2 as there may be other alternatives in the future. Councilmember Holden agreed but stated the Lot 2 property owner could be adversely impacted by the City. City Attorney Jamnik commented this was no different than any other lot in the City that had private improvements under their driveway. Mayor Grant stated the difference with Lot 2 is that this driveway would have 40 to 50 feet of City easement. City Attorney Jamnik indicated this was correct. The motion failed 2-3 (Holden, McClung and Scott opposed). 9. UNFINISHED BUSINESS None. 10. COUNCIL COMMENTS Councilmember Scott commended Pang Silseth on her recent promotion within the Finance Department. Councilmember McClung commented on an email received from City Administrator Perrault regarding two of the City's Public Works employees. He thanked the Public Works employees and Director Polka for the great work they do on behalf of Arden Hills. ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 17 Councilmember Holmes thanked the Public Works Department for the great job they were doing removing snow from the City. Councilmember Holmes stated she would be attending the Metro Cities Annual Meeting on Thursday, April 19 at Como Park at the Rainforest Auditorium. She noted she would also be attending the Northwest Youth and Family Services Leadership Luncheon on Wednesday, May 2. She reported she would also be attending the League of Minnesota Cities Conference in St. Cloud June 20 through 22. Councilmember Holden asked how the City was progressing in hiring a new Account Clerk. City Administrator Perrault stated applications were taken through March 9 and staff will begin reviewing the applications this week and first round interviews will be held in the next two weeks. It was his hope to have a candidate selected by April. Councilmember Holden reported the annual Spring Egg Hunt would be held on Saturday, March 31 at Cummings Park. Councilmember Holden commented on Wednesday, March 28 the TCAAP development company (Alatus) will be giving the City Council a presentation on their new vision for the property. Mayor Grant explained this meeting has been canceled. Mayor Grant reported bids would open on Thursday, March 15 for the Old Snelling trail project. Public Works Director/City Engineer Polka commented on a recent complaint the City Council received regarding speeding along New Brighton Road. She stated she spoke with the County Traffic Engineer and noted speed counts could be conducted this spring. She reported the speed could be lowered or raised based on the findings from these counts. 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 9:26 p.m. Jul' anson David Grant Cit Jerk Mayor