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HomeMy WebLinkAbout03-26-18-R 'It --A DEN HILLS Approved: April 23, 2018 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING MARCH 26,2018 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 meeting 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 JDA would meet next on Monday, April 2na 4. APPROVAL OF MINUTES ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 2 None. 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Authorize Purchase of 2017 Case DV26 Drum Roller and 2018 Towmaster Trailer C. Motion to Approve Replacement of Air Compressor Lines at Public Works Facility D. Motion to Approve Payment 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 None. 8. NEW BUSINESS A. Planning Case 18-002 —3655 Hamline Avenue—Minor Subdivision City Planner Bachler stated a Minor Subdivision is being requested to subdivide the existing single-family residential lot at 3655 Hamline Avenue North into two parcels (Parcel A and Parcel B). The existing property is approximately 70,131 square feet in size, or 1.6 acres. Both proposed lots would conform to the minimum requirements for the R-1 District and no variances are requested in this case. City Planner Bachler explained Parcel A is expected to be sold for the development of a new single-family dwelling. A Building Permit and Grading and Erosion Control Permit will be required for the construction of a new dwelling on Parcel A. The applicant has noted that Wonderful Home Builders will remodel the existing dwelling on Parcel B for sale. In addition to the existing dwelling on Parcel B, there is also a detached garage and shed located in the rear yard. City Planner Bachler reviewed the Plan Evaluation and offered the following Findings of Fact: I. The property at 3655 Hamline Avenue North is located in the R-1 — Single-Family Residential Zoning District. 2. The Arden Hills 2030 Comprehensive Plan designates the property at 3655 Hamline Avenue North as LDR—Low Density Residential. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 3 3. The applicant has submitted an application for a Minor Subdivision to subdivide the existing property into two single-family residential lots. 4. The property is properly guided and zoned for the development of an additional single- family dwelling. 5. The request proposes to use the property in a reasonable manner as a single-family dwelling. 6. The owner of the platted lot to be divided has filed with the zoning administrator a registered land survey of the lot to be divided. 7. The parcels resulting from the division meet all of the minimum requirements specified for the R-1 District. 8. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. City Planner Bachler stated the Planning Commission recommends approval (4-0) of Planning Case 18-002 for a Minor Subdivision at 3655 Hamline Avenue North based on the submitted plans and findings of fact in the March 26, 2018 Report to the City Council, as amended by the following eight (8) conditions of approval: 1. The applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty(60) days of the City's approval. 2. The applicant shall record the drainage and utility easements as shown on the submitted survey with Ramsey County and a copy shall be provided to the City within sixty(60) days of the City's approval. 3. The applicant shall pay the required park development fee of$6,500 prior to recording the Minor Subdivision. 4. Monument stakes shall be installed to demarcate the property line between Parcel A and Parcel B. 5. A Building Permit and Grading and Erosion Control Permit shall be required for the new dwelling on Parcel A. 6. A MnDOT permit will be required for the new driveway on Parcel A and any other work within the right-of-way. 7. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling on Parcel A. 8. The extension of City services for Parcel A shall subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. Mayor Grant asked if there were any variances with this request. City Planner Bachler reported the request had no variances. Councilmember Scott questioned if the City received any comments from the neighbors. City Planner Bachler explained the City sent notices to all residents living within 500 feet of the proposed Minor Subdivision and noted the City received no comments. Councilmember Scott indicated he supported the Park Dedication fee only being charged to the new lot. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 4 MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to approve Planning Case 18-002 for a Minor Subdivision at 3655 Hamline Avenue North, based on the findings of fact and the submitted plans, as amended by the eight (8) conditions in the March 26, 2018, Report to the City Council. Councilmember Holden commented it has been the City's practice to only charge Park Dedication fees to new lots. City Planner Bachler reported this was the case and noted this was explained to the Planning Commission. The motion carried (5-0). A. Planning Case 18-003 — Bethel University — Conditional Use Permit Amendment and Variance City Planner Bachler stated Bethel University is proposing to construct two additions to existing buildings on their main campus at 3900 Bethel Drive. The first addition would be 80 square feet in size and located on the north side of the Brushaber Commons building. The purpose of this addition is to support research on birds conducted by students and faculty. The aviary support facility is expected to be constructed in summer 2018. City Planner Bachler reported the second addition is a component of a larger renovation Bethel University is evaluating for the Academic Commons building. The proposed plan would include 45,000 gross square feet of renovations within the existing Academic Commons building and a new 20,000 gross square foot addition on the northwest corner of the building. The addition would match the height of the existing three-story Academic Commons building. The proposed renovations and addition are needed to support science programs on the campus. City Planner Bachler explained the design for the sciences renovations and addition is still in the early schematic phase. Bethel University anticipates the project will be built in four phases. The first three phases would include interior renovations to the existing building and would take place between 2019 and 2021. The current schedule is to construct the proposed addition in the summer of 2022. Bethel University has requested a CUP Amendment at this time to update their Campus Master Plan to include the 20,000 gross square foot addition to the Academic Commons building. The university would be required to submit a Site Plan Review application for the addition before construction. Based on the tentative schedule, the Site Plan Review application would likely be submitted in 2021 in anticipation of construction in 2022. A Site Plan Review application requires review by the Planning Commission and approval by the City Council. City Planner Bachler indicated a Variance is being requested to allow the Academic Commons addition to encroach into the required setback from Valentine Lake. The required structure setback from the ordinary high-water level is 150 feet. The proposed addition would be setback 118 feet from the lakeshore for an encroachment of 32 feet. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 5 City Planner Bachler commented Bethel University operates under a CUP Master Plan. As the university comes forward with plans, they are reviewed against the Master Plan for consistency. Building plans that are consistent with the Master Plan require a Site Plan Review. A CUP Amendment is required when plans are not included in the approved Master Plan. The two proposed additions are not included on the Master Plan and a CUP Amendment is therefore required. City Planner Bachler reviewed the Plan Evaluation, Conditional Use Permit Criteria and Variance Criteria. City Planner Bachler offered the following Findings of Fact: General Findings: 1. The Bethel University main campus at 3900 Bethel Drive is located in the Institutional Zoning District. 2. A Higher Education, College Campus is a Conditional Use in the Institutional District. 3. Bethel University operates under a Conditional Use Permit Master Plan. 4. The proposed additions are not included on the Master Plan and a CUP Amendment is required. 5. The 80 square foot addition to the Brushaber Commons building is expected to be constructed in summer 2018 and Bethel University has requested Site Plan Review approval for this addition. 6. The 20,000 gross square foot addition to the Academic Commons building is anticipated to be constructed in summer 2022 and a Site Plan Review application will be required prior to construction of this addition. 7. The proposed additions to the Brushaber Commons building and the Academic Commons building would be in compliance with the lot coverage requirements for the Bethel University campus under the approved Conditional Use Permit. 8. The Brushaber Commons addition is in compliance with all provisions of the Zoning Code. 9. The Academic Commons addition would require a Variance for the structure to encroach 32 feet into the required 150-foot setback from the Valentine Lake ordinary high-water level. 10. A Site Plan Review application would be required prior to the construction of the Academic Commons building addition and the addition would be reviewed for Zoning Code compliance at that time. Conditional Use Permit Evaluation Findings: 11. The proposed plan is not anticipated to have any impact on traffic or parking conditions because the additions are required for students, faculty, and staff already on the campus. 12. The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid, or solid waste, and other nuisance characteristics. 13. The proposed plan is not anticipated to impact drainage. 14. The proposed plan will not impact population density. 15. The proposed plan is not expected to have a visual impact on surrounding properties or on land use compatibility with uses and structures on surrounding land or adjoining land ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 6 values because the new additions will not be easily visible from outside the Bethel University campus. 16. Park dedication requirements are not applicable. 17. The proposed plan does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Development Plan for the City. Variance Evaluation Findings: 18. The Variance would be in harmony with the purpose and intent of the City's ordinances and Comprehensive Plan. 19. The Variance would put the property to use in a reasonable manner because a higher education college campus if a permitted use in the Institutional District with a Conditional Use Permit. 20. The property is unique because of its size and configuration, which allows multiple large building that are not visible from adjacent property. 21. The Bethel University campus extends around the entire shoreline of Valentine Lake and there are no other property owners with frontage on Valentine Lake. 22. The Variance will not alter the essential character of the neighborhood because it is not anticipated to be easily visible from adjacent property. 23. Economic consideration alone is not a practical difficulty in this case. City Planner Bachler stated the Planning Commission recommends approval (4-0) of Planning Case 18-003 for a Conditional Use Permit Amendment and Variance at 3900 Bethel Drive based on the submitted plans and findings of fact in the March 26, 2018 Report to the City Council, as amended by the following seven (7) conditions of approval: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to the plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The applicant shall continue to abide by all previous agreement and Conditional Use Permits, as amended by the conditions of approval of this application. 3. A Conditional Use Permit Amendment drafted by the City Attorney shall be signed by the applicant prior to the issuance of any building permits. 4. A Site Plan Review application shall be required for the proposed Academic Commons building addition prior to construction. 5. A Building Permit for the Brushaber Commons building addition shall be issued within one (1) year of the City granting approval of Planning Case 18-003, or an extension shall be requested at least 45 days preceding this deadline. 6. The aviary addition will need to comply with the type of construction it is attached to. The existing type of construction is 1-B and the materials and exterior cladding of new addition will need to be verified 7. Both building additions will need to be fire sprinkler protected per State Chapter 1306. Councilmember Holden questioned why Bethel University was requesting more space for sciences classrooms when the City had recently approved the use of Countrywide Financial for institutional purposes. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 7 City Planner Bachler stated it was his understanding the Anderson Center would still be used for the nursing program. He reported the need for the proposed addition was due to the fact students at Bethel University could no longer participate in the engineering program that was previously offered by the University of Minnesota. He explained this has created a need for additional engineering classes to be offered by Bethel University. Mayor Grant questioned why the setback to Valentine Lake was 150 feet. City Planner Bachler indicated this was due to the fact Valentine Lake was classified as a natural environmental lake by the Department of Natural Resources (DNR). Mayor Grant asked if the City had the authority to grant a variance to this setback. City Planner Bachler reported the City did have the authority to grant a variance. He noted that the DNR was made aware of the variance request prior to the Planning Commission meeting. Councilmember Holmes requested further information on the proposed addition. City Planner Bachler reviewed the location of the proposed addition in further detail with the Council. He explained the gross square footage of the addition would be 20,000 square feet. Staff indicated the plans were preliminary at this point and noted a Site Plan Review would be required in the future. He provided further comment on the interior renovations that would occur. Councilmember Scott questioned if the setback amount was measured from the cantilevered portion of the building. City Planner Bachler stated he did not know if the setback was measured from the first or second story of the building. He reported this would be reviewed further through the Site Plan Review process. Councilmember Scott inquired if the addition would impact any parking onsite. City Planner Bachler explained the proposed addition would be located on a staff parking lot, which would result in a net parking loss of six parking stalls. Councilmember Holden asked if the Site Plan Review process would be the proper time for the Council to place screening requirements on the addition. City Planner Bachler stated that would be the appropriate time and noted Bethel University would be responsible for providing the City with a landscaping plan as part of the Site Plan Review application. Councilmember Holden commented it was important to her that the lake be protected. She requested further information regarding the grade of the land from the proposed addition to Valentine Lake. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 8 City Planner Bachler reported the grade slopes down gradually from the proposed addition to the lake. City Attorney Jamnik recommended the Council add a condition for approval stating Bethel University would be expected to buffer or provide landscape treatments within the Site Plan. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to approve Planning Case 18-003 for a Conditional Use Permit Amendment and Variance at 3900 Bethel Drive, based on the findings of fact and the submitted plans, as amended by the seven (7) conditions in the March 26, 2018, Report to the City Council. Councilmember Holmes stated she was troubled by the proposed request and explained she was not convinced a variance was necessary in order for the addition to be successful. She feared how the college could be impacted by encroaching into the 150-foot setback. City Planner Bachler reported alternative building designs were considered by the applicant. He explained the proposed plans best met the needs of the University. He indicated the natural environmental lake designation was set by the DNR to control development around the lake. He noted this was in a unique situation as the only property owner surrounding the lake was Bethel University. Councilmember Holden asked if staff knew the width of the building. City Planner Bachler stated he did not have this information. Councilmember McClung questioned what the practical difficulties were with this request. He indicated he was leery to approve this request when an addition could be placed onto the existing building without encroaching on the setback. He believed that maintaining the current angle of the building through the addition was not a practical difficulty. Mayor Grant requested staff provide the Council with an aerial view of the lake with the proposed addition. City Planner Bachler reviewed an aerial photograph of Valentine Lake noting the location of the proposed addition for the Council. Mayor Grant commented only a sliver of the building, approximately 13 feet, would be encroaching into the setback and not the entire addition. He indicated the DNR has reviewed the request and did not object to the proposed encroachment. Councilmember Holden requested the applicant provide the Council with further information on the proposed building design. Mark Posner, Facilities Director at Bethel University, thanked the Council for their time and consideration. He explained Bethel has spent the past three years working on its sciences concerns. He commented on the conversations that had been held and noted Bethel was ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 9 proposing to consolidate all of its science courses in the AC (Academic Center) building. He noted the proposed addition would assist in expanding the space available within the AC building. He reported the proposed angle of the building was done purposefully. He explained if the building were moved to the north significant underground utilities would be disturbed. Councilmember Holmes questioned if Bethel University was concerned about water reaching the proposed addition. Mr. Posner reported the corner of the addition was not a low point on campus. He explained the campus has never had a problem with water approaching campus buildings. He indicated the addition would not be going below grade. Councilmember Holden asked where the outlet point was for Valentine Lake. Public Works Director/City Engineer Polka discussed the inflow and outlet points for the lake. Mayor Grant encouraged the Council to keep in mind the City Council has encouraged Bethel University to grow on their own campus. Councilmember Holden stated this was a good point. Councilmember Holden asked how many square feet were located within the 150-foot setback. Mr. Posner commented he could forward this information onto the City Council but noted he did not have an accurate number in front of him. He explained that if the small sliver were removed from the addition four classrooms would be lost. Councilmember Holmes indicated this discussion has been helpful and because the City has encouraged Bethel University to expand on their own campus, she could support the proposed variance. In addition, she noted the encroachment was quite small. Councilmember Scott agreed the 30-foot encroachment was quite minor. He believed the building fagade should be maintained as requested by the applicant. Councilmember Holden was in agreement. AMENDMENT: Councilmember Holden moved and Councilmember Holmes seconded a motion to amend the request adding Condition 8 requiring Bethel University to provide vegetative or other buffering or landscaping treatments within the Site Plan Review. The amendment carried (5-0). The amended motion carried 4-1 (Councilmember McClung opposed). B. Resolution 2018-022 — Awarding the 2018 Old Snelling Trail and Watermain Improvements Project to Sunram Construction ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 10 Public Works Director/City Engineer Polka stated on February 12, 2018, the City Council adopted Resolution 2018-014 Approving the Plans and Specifications and Ordering the Advertisement for Bids. Bids were opened on Thursday, March 22, 2018. The bid contained alternates I and 2A which included PVC pipe for the two watermain segments (County Road E2 and Old Snelling Road) and alternates I and 2B which included HDPE pipe for the watermain segments. Alternates IA and 2A (PVC) were less expensive than the HDPE alternate and staff is recommending to award the base bid with Alternate IA and 2A. There was a total of two bids received. The following table lists the bidders name and their total bid including Alternates IA +2A: Bidder Total Bid including Alt. No. 1A+ 2A Sunram Construction, Inc. $3,376,269.85 T.A. Schifsky& Sons, Inc. $3,958,864.85 Public Works Director/City Engineer Polka reported both bids are higher than the Engineer's estimate which is $3,019,882.02. In general, all bid items were higher than estimated. Public Works Director/City Engineer Polka explained the Council could choose to eliminate schedules from the bid award. However, Schedules A and D are trail and storm sewer for the same trail segment and must be awarded together as are Schedules B and E. In addition, as discussed at a recent work session, the watermain loop in Old Snelling is needed for future Rice Creek Common development. If the Council chose to eliminate the North Old Snelling Trail and Storm Sewer Improvements (Schedules B and E),the contract amount would be $2,157,804.85. Public Works Director/City Engineer Polka stated Sunram has completed similar projects successfully in the metro area. Staff reviewed the cost sharing that would occur between the City and the County. It was noted the City would be responsible for $1.87 million of the project. She noted Sunram was the lowest responsible/responsive bidder and recommended awarding the Old Snelling Trail and Watermain Improvements to Sunram in the amount of $3,376,269.85 in Resolution 2018-022. Councilmember Holden stated she was surprised to see the City only received two bids for this project. Public Works Director/City Engineer Polka commented she was surprised to see the City only received two bids as well. She understood this was a unique project which may have deterred some of the larger companies from bidding. Councilmember Holmes stated she was troubled by the expense of the project and asked if the Old Snelling trail should be moved to the west side of the roadway. Further discussion ensued regarding the placement of the trail along Old Snelling Road. Councilmember McClung commented the feasibility studies have shown that this would be even more expensive for the City. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 11 MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adopt Resolution 2018-022 Awarding the Old Snelling Trail and Watermain Improvements Contract to Sunram Construction, Inc. in the amount of $3,376,269.85. The motion carried (5-0). 9. UNFINISHED BUSINESS A. Planning Case 17-029 — Horita Acres Development Contract and Encroachment Agreement City Planner Bachler stated on March 12, 2018, the City Council approved Planning Case 17-029 for a Preliminary and Final Plat at 3685 New Brighton Road. A Development Contract is required to be signed between the City and the property owner before the City signs the Final Plat. The City Attorney has prepared the Development Contract and the document has been reviewed by the developer. City Planner Bachler reported a draft of the Development Contract was reviewed by the City Council at their meeting on March 12, 2018. The only change made to the Contract has been to update the list of approved plans based on the City Council denial of the proposed vacation of the sewer easement on the property on March 12, 2018. The City Attorney has advised that since the sewer easement vacation was denied, the City will require an Encroachment Agreement for both Lot 1 and Lot 2 for the access driveways on each respective property. The Encroachment Agreements include conditions that will need to be followed by each property owner. Councilmember Holden commented on the landscaping plan and noted she would like to see some of the tree species changed to ensure the newly planted trees survive in the wetland area. She supported the applicant working with staff in order to meet the City's landscaping goals. City Attorney Jamnik advised the City Council had already approved the landscaping plan, but noted the Council could direct the applicant to work with staff to modify the tree species that are planted on site to comply with city ordinance requirements. Mayor Grant believed this was a reasonable request. Councilmember McClung agreed and stated he supported this recommendation. Councilmember Holmes did not support the Council changing the landscaping plan given the fact it was already approved. Mayor Grant asked if the City Attorney had reviewed the Developer's Agreement. City Attorney Jamnik reported he had reviewed the Developer's Agreement and noted this was a standard agreement with the exception that the easement encroachment issues had been addressed by the two separate encroachment agreements. Councilmember Holden explained she was asking for staff to work with the developer to ensure that the trees planted do not die in the first two years. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 12 City Planner Bachler commented on the City's landscaping plan requirements and noted staff would work with the developer to address the variety of tree species and the location of trees in proximity to the wetland. Councilmember Holmes questioned if this was asking too much from the developer. City Attorney Jamnik indicated the Council would not be asking too much from the developer to revise the tree species to ensure they survive two years. Mayor Grant reviewed the direction that was being given to staff regarding the landscaping plan and recommended staff work with the developer and that the tree species be modified to ensure the trees planted do not die in the first two years. Councilmember Holden reviewed some of the concerns raised by residents. She explained a request was made to have another retaining wall to save additional trees and noted the Council could not make this a requirement given the fact the landscaping plan had already been approved. She asked who would be responsible for the cost of replacing a driveway over an easement area. City Attorney Jamnik reported the property owner would be responsible for this expense. MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to approve the Horita Acres Development Contract with Timothy Horita at 3685 New Brighton Road based on the City Council approval of Planning Case 17-029 on March 12,2018. The motion carried (5-0). MOTION: Councilmember Holmes moved and Councilmember Scott seconded a motion to approve the Encroachment Agreements for Lot 1 and Lot 2 in the Horita Acres subdivision at 3685 New Brighton Road based on the City Council approval of Planning Case 17-029 on March 12,2018. The motion carried (5- 10. COUNCIL COMMENTS Councilmember Scott reported the Third Annual Scoops for Troops event would be held on Sunday, April 291n Councilmember McClung commented he was pleased to see the City Council was moving forward with completing several important trails in the City. He believes these trails would assist the City in creating vital connections. Councilmember Holmes stated she was accepting articles for the April newsletter at this time. Councilmember Holden requested staff provide the Council with information on roads in the City that could be overlaid this summer. ARDEN HILLS CITY COUNCIL—MARCH 26, 2018 13 Mayor Grant reported the City had joined together with a consortium of cities to complete crack sealing work in Arden Hills. Further discussion ensued regarding the cost savings the City would see based on this joint powers agreement. Mayor Grant commented the Easter Egg Hunt would be held on Saturday, March 31 sr at Cummings Park. Mayor Grant stated the new trails would greatly benefit the City and he appreciated the added safety that residents would enjoy. ADJOURN MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:56 p.m. r Jut Hanson David Grant CiV Clerk Mayor