Loading...
HomeMy WebLinkAbout07-22-19-R -- kDEN HILLS Approved: August 26, 2019 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 22,2019 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; Interim Public Works Director/City Engineer Todd Blomstrom; Finance Director Gayle Bauman; Community Development Manager/City Planner Mike Mrosla; City Attorney Joel Jamnik; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holmes requested Item 6E be pulled from the Consent Calendar for further discussion as Item 7A. City Administrator Perrault requested the Council add Item 6G to the Consent Calendar which was a request for sewer operations and maintenance agreement. Councilmember Holden recommended Item 6G be pulled from the Consent Calendar for further discussion as Item 7B. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL ARDEN HILLS CITY COUNCIL—JULY 22, 2019 2 Jim Quitter, 4615 Prior Avenue North, indicated he has lived in Arden Hills for the past 39 years in Arden Manor. He stated it was his opinion the citizens and taxpayers in Arden Manor are treated like second class citizens. He explained the postal service has deemed the City newsletter will no longer be delivered the Arden Manor residents. He requested the Council work with the residents in Arden Manor to resolve this issue. Mayor Grant stated he thought this issue had been resolved and he apologized for the misunderstanding. He reported that no one in Arden Hills was a second-class citizen and he apologized for the situation. He directed staff to research the issue and report back to the City Council. Gary Hovind, 4117 James Circle, stated he has lived in Arden Hills for 30+ years. He asked when his street would be completed. He questioned why two shut offs were placed in each yard. He inquired why White Bear Lake taxes were less than Arden Hills' taxes. He asked if he could put a metal roof on his house if he were to reroof his home. Mayor Grant encouraged Mr. Hovind to be in touch with City staff in order to have these questions answered. Gregg Larson, 3377 North Snelling Avenue, explained the Council had adopted new language regarding public inquiries that banned residents from commenting on pending litigation. He questioned when the Council made this decision. He questioned if the change was made in secret, if there were serial communications used, or if an executive meeting was held for which this did not meet the criteria as he did not find documentation for the change. He asked who would draft this language and inquired how the Council could ban words. He believed the Council had created a gag order. He recommended the Council allow the public to speak and that the City Attorney advise the Council accordingly. He explained the Council could refuse to discuss litigation and can claim attorney/client privilege. He stated there was no justification for banning residents from discussing pending litigation. He questioned if the Council would ban residents from writing to the City regarding the litigation. He asked if the Council wanted to know what residents truly think. He concluded that the Council was afraid of citizens who disagreed with the Council. He questioned why the Council was so lacking in self confidence that it was seeking to quiet citizens and control free speech. Councilmember.Holden stated she was feeling personally attacked by these comments. Mayor Grant agreed Mr. Larson had crossed the line with his comments. Mr. Larson questioned where he had crossed the line stating he had not mentioned any names or stated anything personal. Mayor Grant indicated Mr. Larson had made several personal attacks by the characterization of the Council. He asked Mr. Larson to take a seat at this time. Mr. Larson stated he would like to finish his comments. Mayor Grant requested Mr. Larson to take a seat and called for a five-minute recess. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 3 Mayor Grant recessed the City Council meeting at 7:16 p.m. Mayor Grant reconvened the City Council meeting at 7:21 p.m. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. STAFF COMMENTS A. Rice Creek Commons(TCAAP) and Joint Development Authority (JDA) Update City Administrator Perrault provided an update on TCAAP stating litigation with Ramsey County was ongoing. B. Transportation Update Interim Public Works Director/City Engineer Blomstrom updated the Council on the Lexington Avenue overlay project noting the schedule for the project had changed. He explained work would now begin on Monday, July 29 versus mid-August. Interim Public Works Director/City Engineer Blomstrom discussed the Trunk Highway 10 frontage road and watermain improvements that were occurring near Big 10. Interim Public Works Director/City Engineer Blomstrom updated the Council on the I-35W North project. He encouraged residents to visit MnDOT's website for up to date information on this project. He reported MnDOT would have a booth at the Penny Carnival which would be held at Perry Park on Friday, July 26 from 1:00 p.m. to 3:00 p.m. C. Night to Unite Update City Clerk Hanson stated Night to Unite would be held on Tuesday, August 6 from 5:00 p.m. to 9:00 p.m. She said that while registration had technically closed on Friday, July 19, residents were still encouraged to register their event and that Ramsey County would do their best to accommodate all with a visit from local officials though not guaranteed. She stated that this year, Public Works personnel would be out in the community as well. City Clerk Hanson reported that as of that afternoon, twenty-one (21)parties had registered. She stated that Night to Unite registration information was still available on the City's website and also the Ramsey County Sheriff's Office website. 5. APPROVAL OF MINUTES A. June 24, 2019, Regular City Council B. July 8, 2019, Regular City Council ARDEN HILLS CITY COUNCIL—JULY 22, 2019 4 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the June 24, 2019, Regular City Council meeting minutes; and July 8, 2019, Regular City Council meeting minutes as presented. The motion carried unanimously (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve 2nd Quarter Financials C. Motion to Transfer Fund Balance from General Fund to PIR Fund D. Motion to Appoint Associate Planner F. Motion to Cancel the August 12, 2019 Regular City Council Meeting G. rreti6ix—to Approve Sewer- Line Oyffiefship, vpercrcrorr--mi Agreement MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as amended removing Items 6E and 6G and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 7. PULLED CONSENT ITEMS A. Motion to Approve Mounds View High School Developer Agreement Extension Mayor Grant requested staff present this item to the Council. Community Development Manager/City Planner Mrosla stated the City Council approved the Master and Final Planned Unit Development for Mounds View High School on May 22, 2019, subject to several conditions. One of the conditions stated: 22. A Planned Unit Development Agreement shall be fully executed prior to July 31, 2019. Community Development Manager/City Planner Mrosla explained one of the issues to be addressed in the PUD Agreement is the design and delivery of the pedestrian improvements to Lake Valentine Road. Staff has been working with WSB to develop a scope of work for this project. The City Council will likely be asked to review and approve the scope at one of their meetings in August. Once approved, we can move forward with completing the PUD Agreement. Community Development Manager/City Planner Mrosla commented coordinating the details for the Agreement is taking longer than originally anticipated. As a result, staff is requesting the City Council extend the date for execution of the Development Agreement to September 30, 2019. This will allow time to complete the scope of work for the pedestrian improvements, and finalize the remaining details of the agreement. The Applicant has agreed to this extension. Interim Public Works Director/City Engineer Blomstrom explained the Council had discussed the Capital Improvement Program at a recent worksession meeting. He reported the Council had ARDEN HILLS CITY COUNCIL—JULY 22, 2019 5 requested some flexibility in order to separate the improvements near the high school from the 2020 Street Improvement Project. He indicated he has met twice with the high school in the last week and noted the high school was looking at two tiers of improvements along the frontage of the high school to manage pedestrians. He stated the first tier would be completed before school starts and would include marked crosswalks, proper signage for crosswalks and fencing to route pedestrians to the crosswalks. He noted the City was working with the school to establish a school speed zone in front of the high school. He reported the second tier were the long-term P g P g improvements and these require some study. Councilmember Holmes stated the Council held an extensive conversation regarding the crosswalks. She recommended all of the tier one crosswalk work be completed by August 31 and not September 30. Interim Public Works Director/City Engineer Blomstrom reported the applicant was requesting an extension to the development agreement which included the terms of the crosswalk along with other items. He indicated the crosswalk and fencing was being worked on now. He explained the September 30 deadline was for the developer agreement and not the crosswalk improvements. Councilmember Holmes explained she visited the school and saw no crosswalk improvements that have been made since the end of the school year. Community Development Manager/City Planner Mrosla indicated the crosswalk improvements would be completed prior to the first day of school for the 2019-2020 school year. Councilmember Holden stated pedestrian safety was a City liability and she did not believe the City should allow the school district to have an extended timeline on the developer's agreement. She explained the Council set the proposed date for a reason. Community Development Manager/City Planner Mrosla commented staff, WSB and the school district have been working on the developer's agreement. He noted staff was requesting more time to complete the developer's agreement. Interim Public Works Director/City Engineer Blomstrom stated he anticipated staff could get this document done by the August 26 City Council meeting. Councilmember Holden questioned how the Council should proceed. City Attorney Jamnik recommended the Council proceed with staff s recommendation with a deadline of September 30 knowing staff would make their best effort to get the document to the Council by August 26. Councilmember Holmes requested the document language be clarified to ensure the tier one pedestrian improvements were completed before school started. Community Development Manager/City Planner Mrosla agreed this language could have been improved. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 6 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve Mounds View High School Developer Agreement Extension to September 30, 2019. The motion carried (5-0). B. Motion to Approve Sewer Line Ownership, Operation and Maintenance Agreement City Administrator Perrault stated in 1994 Mounds View, Arden Hills and the Army entered into a sanitary sewer use agreement for the Mounds View owned sanitary sewer located on the common border between Mounds View and Arden Hills. He reported it was necessary to amend this agreement because Ramsey County has purchased the TCAAP property. Mayor Grant asked if Ramsey County were to sell the property to a developer if they would no longer be a part of this agreement. City Attorney Jamnik explained the agreement goes beyond the property transfer. He reported the updates would address the inter-connect with Mounds View as well as expansion use for this sewer line. He stated once this agreement is done, this easement will remain in place and will not be impacted by a subsequent property transfer. Councilmember Holden asked if Mounds View would be paying for the flow going through this sanitary sewer line. City Attorney Jamnik reported the existing and future flows would be metered and noted this language was included in the agreement. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve Sewer Line Ownership, Operation and Maintenance Agreement between the cities of Arden Hills, Mounds View and Ramsey County and authorize the City Administrator to make minor amendments upon receipt of Mounds Views proposed revisions. Councilmember Holmes stated she did not appreciate just receiving this information tonight and noted she did not understand it. She questioned if action could be tabled to allow for further discussion. City Attorney Jamnik reported this item has been going back and forth between the City and Mounds View for some time and staff was hoping to get the matter wrapped up. He advised staff was trying to put this item through to make sure Arden Hills was not delaying a State project or other development project. Councilmember Holden summarized the agreement noting this same agreement had already been in place for several years, except it was with the Army instead of Ramsey County. City Attorney Jamnik reported this was the case. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 7 Councilmember Holmes expressed concerns with the fees that were discussed within the agreement. Mayor Grant explained the fees referred to the meter flow and were already being paid by the end user. The motion carried 4-0-1 (Councilmember Holmes abstained). 8. PUBLIC HEARINGS A. Planning Case 19-002 — Site Plan Review, Final Planned Unit Development, Rezoning, Comprehensive Plan, Conditional Use Permit, and Preliminary Plat — Summit Development — 1718,1720, 1722 Parkshore Drive and 4177 Old Highway 10 Community Development Manager/City Planner Mrosla stated Summit Development has submitted an application for Site Plan Review, Final Planned Unit Development, Rezoning, Comprehensive Plan, Conditional Use Permit, Preliminary Plat and Vacation of Existing Easements. The Applicant is requesting to construct a three (3) story, 120unit senior housing building which will include independent living, assisted living, memory care and skilled nursing. The property is located at 1718 Parkshore Drive. The property is zoned R-1, Single Family Residential District and is guided as Medium Density Residential on the Land Use Plan. Community Development Manager/City Planner Mrosla reported the proposed development site is approximately 5.32 acres in size and is comprised of four separate properties: 1718, 1720, and 1722 Parkshore Drive and 4177 Old Highway 10. The properties are currently vacant. The City owns an approximately 4-acre parcel of land that borders the site on the west and extends north to the south side of Round Lake. This property is identified in the 2040 Comprehensive Plan as being part of the Arden Hills parks system, but it has not yet been developed by the City to include recreational amenities. Community Development Manager/City Planner Mrosla explained in 1989, the City approved a Final Plat and Planned Unit Development for this site that would have allowed for the construction of four stand-alone apartment buildings, one on each of the four lots. Each building would have included 16 units for a total of 64 units. The developer was required to dedicate 10 percent of land area to fulfill park dedication requirements. The developer dedicated 26,100 square feet or .774 acres as park on the final plat. The final plat was recorded, but the developer did not move forward with construction due to financial constraints. The PUD expired in January 1992. Community Development Manager/City Planner Mrosla reviewed the Plan Evaluation in further detail and recommended the Council hold a Public Hearing. Councilmember Holden commented on the height flexibility and stated she did not have a problem with the building height for this development. She indicated she had a problem with the proposed parking. She recommended the parking memory care parking be reduced to .5 versus .75. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 8 Community Development Manager/City Planner Mrosla indicated the parking requirements could be reduced if the Council approved of this change, noting this would reduce the parking on the site to 90 stalls, meaning the site would be overparked by 12 stalls. He commented further on how parking requirements for senior uses could be further discussed by the Council in the future. Councilmember Holmes asked if a .5 parking requirement would leave enough space for employee parking. Councilmember Holden questioned if the City had a say in the restrictive covenant. Community Development Manager/City Planner Mrosla reported this was outside the City's realm. Councilmember Holmes asked if restrictive covenants were allowed in the City. City Attorney Jamnik stated he was not aware of any prohibition. Mayor Grant requested further comment from the property owner regarding the restrictive covenant. Councilmember Holden asked if the park would have activities for small children, along with seniors. Mayor Grant commented he attended a recent PTRC meeting and noted this park was being viewed as a senior park. He reported the five or six stations could be completed by seniors and the PTRC approved of this concept. Councilmember Holden questioned if the stormwater pond could be given to Summit. Community Development Manager/City Planner Mrosla commented the property line could be redrawn to ensure the stormwater pond was owned by Summit. City Attorney Jamnik advised the stormwater pond could be privately owned with an easement. Mayor Grant stated it was his understanding the PTRC had to weigh in and approve a land swap. He explained if the lot lines were changed, the PTRC would have to review this item for approval. Community Development Manager/City Planner Mrosla reported this was the case. He explained it was the City's intent to have an agreement in place stating the applicant would be responsible for maintaining this pond in perpetuity. He indicated this would be covered within the developer's agreement. Councilmember Holmes stated it was not good practice to have stormwater ponds located on City property. She recommended the drainage pond be located on Summit property. Councilmember McClung asked for a break down on what percentage of the stormwater pond was needed for impervious surface on the park versus the private building. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 9 Community Development Manager/City Planner Mrosla explained he would have to review this further and report back to the Council. Councilmember Holden discussed the minimum size requirements for apartment units and asked if the City had a minimum size requirement for senior units. City Attorney Jamnik reported the minimum size requirements were the same for apartments and senior housing units. Mayor Grant encouraged the folks building the development to build the fire lanes appropriately in order to accommodate fire trucks and other emergency vehicles. Community Development Manager/City Planner Mrosla explained staff had worked closely with the Lake Johanna Fire Department and noted the fire lanes would be built appropriately. Mayor Grant questioned what the unit size was at Presbyterian Homes. Mayor Grant opened the public hearing at 8:30 p.m. George Winiecki, 4175 Old Highway 10, explained he has lived at his property for 71 years and noted the property has been in his family for the past 110 years. He discussed the history of the property and commented on proposed senior housing development. He stated he believed this was the good use that would not generate a great deal of noise or traffic. He understood this property was going to develop one way or another and noted he was offering his support. With no one else coming forward to speak, Mayor Grant closed the public hearing at 8:36 p.m. 9. NEW BUSINESS A. Planning Case 19-002 — Summit Development — 1718, 1720, 1722 Parkshore Drive and 4177 Old Highway 10 • Resolution 2019-023 Authorizing Submittal of the Comprehensive Plan Amendment to the Met Council for Review • Resolution 2019-024 Approving a Conditional Use Permit • Ordinance 2019-006 Amending Chapter 13, Zoning Code Section 1315.01, of the Arden Hills City Code, Rezoning Property to R4 — Multiple- Community Development Manager/City Planner Mrosla stated Summit Development is requesting to construct a three (3) story, 120-unit senior housing building which will include independent living, assisted living, memory care and skilled nursing. The property is located at 1718 Parkshore Drive. The property is zoned R-1, Single Family Residential District and is guided as Medium Density Residential on the Land Use Plan. Community Development Manager/City Planner Mrosla explained the Applicant is requesting an amendment to the Arden Hills 2040 Comprehensive Plan to change the future land use ARDEN HILLS CITY COUNCIL—JULY 22, 2019 10 designation of the property located at 1718, 1720, 1722 Parkshore Drive and 4177 Old Highway 10 Road from Medium Density Residential to High Density Residential. An amendment to the Comprehensive Plan requires a recommendation from the Planning Commission following a public hearing, adoption of a resolution by the City Council, and review and approval by the Metropolitan Council. The City has submitted its 2040 Comprehensive Plan update to the Metropolitan Council. The Metropolitan Council will not consider any amendments to the Comprehensive Plan until the 2040 Plan is approved. The City can proceed with the amendment, but must wait to submit it to the Metropolitan Council for final approval, likely later this fall. As a condition of approval of this development, execution of the Final Plat is contingent upon approval of the Comprehensive Plan amendment by the Metropolitan Council. Community Development Manager/City Planner Mrosla reported the City's Zoning Code identifies specific zoning districts through which the land uses and goals in the Comprehensive Plan are implemented. The zoning cannot conflict with the land use designation. When there is a conflict between the Comprehensive Plan and the Zoning Code, the City is required to amend the Zoning Code to comply with the Comprehensive Plan. The applicant is requesting to rezone the property to R-4, Multiple-Dwelling District, which is consistent with the Comprehensive Plan and state law requirements. Community Development Manager/City Planner Mrosla indicated a Conditional Use Permit is required for a nursing home and assisted living use within the R-4, Multiple Dwelling zoning district. City Code Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The Planning Commission and City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; 6. Adjoining land values; 7. Park dedications where applicable; 8. Orderly development of the neighborhood and the City within the general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the City. Community Development Manager/City Planner Mrosla reviewed the request in further detail and offered the following Findings of Fact: 1. The property located at 1718, 1720, 1722 Parkshore Drive and 4177 Old Highway 10 is designated for Medium Density Residential uses on the 2040 Comprehensive Plan. The applicant has requested an amendment to designation this property for High Density Residential uses. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 11 2. The applicant has proposed a Site Plan Review, Final Planned Unit Development, Rezoning, Comprehensive Plan, Preliminary Plat, and Final Plat in order to construct 120 units of independent living, assisted living, and memory care. 3. The applicant has submitted a preliminary and final plat to consolidate five (5) contiguous properties. 4. The Final PUD substantially conforms with the requirements of the City Code. 5. 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. 6. Flexibility through the PUD process has been requested in the following areas: lot size, minimum landscape coverage, building height and parking requirements. 7. The proposed development plan meets or exceeds the minimum requirements of the City Code in the following areas: building coverage, setbacks, street trees, perennials and shrubs, minimum caliper inches, tree selection, drainage, wetlands and flood plain, lighting, and screening. 8. The applicant has submitted a rezoning application and a comprehensive plan amendment. 9. The subject site is proposed to be rezoned from R-1 (Single Family Residential) to R-4 (Multiple Dwelling). 10. Nursing homes and assisted living facilities area allowed as a conditional use in the R-4 District. 11. The Arden Hills 2040 Comprehensive Plan designates the future land use of the subject property as Medium Density Residential. 12. The applicant has requested a Comprehensive Plan Amendment to change the future land use designation of the property to High Density Residential. 13. The adjacent properties to the north and east are zoned R-3 and R-1, respectively, and are guided for Medium Density Residential use in the Arden Hills 2040 Comprehensive Plan. 14. The proposed Comprehensive Plan Amendment would be compatible with adjacent land uses and the goals included in the Land Use chapter of the Arden Hills 2040 Comprehensive Plan. 15. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Community Development Manager/City Planner Mrosla reported the Planning Commission reviewed this request at their July 10 meeting and recommended approval with the following conditions: 1. Approval of the Site Plan, Planned Unit Development, and Preliminary Plat is contingent upon Metropolitan Council approval of the Comprehensive Plan Amendment. The effective date of the City Council approval will be the date of the Metropolitan Council approval. 2. 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. 3. The Conditional Use Permit and Planned Unit Development approvals shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 12 4. The Preliminary Plat approval shall expire six months from the date of the City Council approval unless the Final Plat has recorded with Ramsey County or a time extension granted by the City Council. 5. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement. 6. The Final Plat shall be recorded prior to the issuance of a building permit. 7. Prior to the issuance of a building permit, the Applicant shall deed Outlot A to the City. Dedication shall occur free of encumbrances and at no cost to the City. 8. All disturbed boulevards shall be restored with sod. 9. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 10. The maximum number of units allowed on site is 120. 11. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. Other than wash or architectural lighting, attached security lighting shall be shoebox style, downward directed with flush lenses. If complaints are received the lighting adjacent to residential uses shall utilize house shields as directed by the City. In addition, any lighting under canopies (building entries) shall be recessed and use a flush lens. 12. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be those in effect at the time of Final Plat approval and shall be memorialized in the Development Agreement. 13. A right-of-way permit shall be required for work performed within the City right-of-way. 14. No exterior storage shall be permitted. 15. Prior to the issuance of a land disturbance permit, the Applicant shall submit an operation and maintenance plan for the long-term care of all on-site and off-site stormwater, sanitary sewer, and water main to the City for review and approval. The Applicant will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified. 16. Any future trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 17. This approval does not include signs. A separate sign permit is required for all proposed signage. All signage shall meet the requirements of Sign District 2. 18. Prior to the issuance of a building permit, a landscape financial security of $20,000.00 dollars shall be submitted. Landscape financial security is held for two full growing seasons. 19. 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 and approved by staff in writing. 20. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 21. All fencing and retaining wall materials shall be complementary to the building materials and shall be approved in writing by the Planning Division prior to issuance of a building ARDEN HILLS CITY COUNCIL—JULY 22, 2019 13 permit. Retaining walls greater than four (4) feet in height shall be engineered and detailed calculations shall be submitted to the City. 22. Prior to City Council, the Applicant shall submit a materials board to be approved in writing by staff. 23. A Grading and Erosion permit shall be obtained from the City's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Developer shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County, MNDOT prior to the start of any site activities. 24. The Applicant shall be responsible for protecting the proposed on-site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 25. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 26. All proposed workout station equipment shall be approved by City staff prior to the issuance of a building permit. 27. The Applicant shall update the landscaping plan to meet the required tree mitigation prior to the issuance of a Grading and Erosion control permit. 28. The property owners shall complete snow removal, maintenance and replacement of all proposed sidewalks and trails unless a written agreement between the City and owner establishes a different requirement. 29. The property owner and the City shall come to an agreement on connecting the proposed trial and the future trail upon opening the park space. Councilmember Holden asked if any of the senior units would be affordable. Community Development Manager/City Planner Mrosla explained this had been discussed with the applicant and staff noted affordable units were not part of the applicant's model. Councilmember McClung indicated he was concerned with staffing and stated he did not want the City's calls for emergency service to increase because of this senior housing facility. He wanted to be assured this facility was not going to over draw on the City's public resources. Anneliese Peterson, Vice President of Operations for Walker Methodist, discussed her staffing model and the health monitoring that occurred within her facilities. She described the number of staff members that would be located in each unit of the facility during peak hours and overnight, noting there would be four or five staff members working at all times. Mayor Grant questioned how long Walker Methodist had been in operation. Ms. Peterson reported Walker Methodist had been in operation for 75 years and has been offering assisted living facilities for the past 30 years. Councilmember Holden requested further information regarding the apartment sizes. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 14 Ms. Peterson stated she looked up the apartment sizes for Presbyterian Homes noting their studio units were 451 to 486 square feet. She indicated the Presbyterian Homes units had the exact same layout as her proposed units, which were coming in at 436 square feet. She then commented on the statutory requirements for memory care units, noting these studio apartments would be 380 to 450 square feet. Councilmember Holden questioned if the 436 square foot studio apartments would be market rate. Ms. Peterson commented these units were considered market rate and would be $1,600 to $1,800 per month, which included all utilities and amenities. Jamison Kohout, Summit Development, discussed the tree preservation that was planned for the site. Joe Radach, Engineer with Carlson McCane, commented on the amount of water that was running into the stormwater pond from the Summit Development. He estimated the split would be 50/50 between Summit and public property. He explained the fire lane had been designed to handle the weight and size of the City's fire trucks. Councilmember Holmes asked who would be responsible for maintaining the trails. Community Development Manager/City Planner Mrosla reported the applicant would be responsible for maintaining the trails into the foreseeable future. Councilmember Holmes questioned if the land swap was for the tiny sliver or the whole park. Community Development Manager/City Planner Mrosla explained this would be for the entire park. Further discussion ensued regarding the proposed land swap noting a total rededication would have to occur because the boundary lines were changing. Councilmember Holden asked if the City would clean the pond and assess back the expense to the applicant if the applicant were to default on the property. Community Development Manager/City Planner Mrosla reported this was the case and noted such language would be written into the developer's agreement. Councilmember Holden indicated she supported this plan. Councilmember Holmes stated she too supported the plan but noted she had concerns pertaining to the land swap and stormwater pond. Councilmember McClung agreed with Councilmembers Holden and Councilmember Holmes. He explained he originally had concerns with the Pulte project and believed the applicant's plan was a better fit for the site and the City was receiving improvements to the park land from the development. He was of the opinion this request would set a precedent. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 15 Mayor Grant asked how large the stormwater pond would be. Mr. Radach estimated the stormwater pond would be .25 acres in size. He noted this was not a holding pond but rather would serve as a natural drainage path. Councilmember Scott stated he was impressed with Summit's ability to work with the City on this plan. He asked if all parking would be surface parking. Mr. Radach explained the site would have 52 underground parking stalls and 50 surface parking stalls. He commented further on the mix of independent living, assisted living and memory care units. Councilmember Holden questioned if a precedent would be set by allowing a pond on City property by this development. City Attorney Jamnik commented this would not set a precedent as the City could always make a decision based on how park land and wetland was used. Mayor Grant asked what the park dedication fees would be for this project. Community Development Manager/City Planner Mrosla explained the developer would need to provide cash($148,000) or 20% of the land. Mayor Grant commented further on the park amenities that were being proposed by the applicant and indicated he was in favor of the development. Councilmember Holmes questioned if the applicant would be responsible for maintaining the culvert in the stormwater pond. She inquired if the applicant had made application to the Rice Creek Watershed District. Mr. Radach stated this would be typical. He noted the applicant had made an application with the watershed district and was awaiting final approval. Councilmember Holden asked if the applicant would be required to replace the exercise equipment if there was a fire or broken piece. Community Development Manager/City Planner Mrosla explained the applicant would be responsible for maintaining the equipment. He noted the City would work out this issue with the applicant through the operating and maintenance plan. He indicated the equipment would be very simple and cost efficient. Mayor Grant requested there be six exercise stations with a child friendly amenity within the park for seniors taking a grandchild to the park. Mr. Kohout stated he would investigate a child friendly option further. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 16 Mayor Grant questioned how the maintenance of the trail would shift if a trail connection were completed. Community Development Manager/City Planner Mrosla explained a sunset date may be included in the agreement so when the trail extends to the west, the City would assume more maintenance of the trail. George Winiecki, 4175 Old Highway 10, commented on how water drained from this property towards the adjacent wetlands. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adopt Resolution 2019-023 Authorizing Submittal of the Comprehensive Plan Amendment to the Met Council for Review. The motion carried (5-0). MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adopt Ordinance 2019-06 Amending Chapter 13, Zoning Code Section 1315.01, of the Arden Hills Citv Code, Rezoning Property to R4 — Multiple Dwelling District. The motion carried (5-0). MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to Approve a Site Plan Review, and Final Planned Unit Development and Preliminary Plat for the property at 1718, 1720, 1722 Parkshore Drive and 4177 Old Highway 10 based on the findings of fact and submitted plans, and the conditions in the July 22,2019, Report to the City Council. Community Development Manager/City Planner Mrosla recommended Condition 30 be added to state: Memory Care parking shall be parked at .5 stalls per unit. AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to add Condition 30 to read: Memory Care parking shall be parked at .5 stalls per unit. The amendment carried unanimously (5-0). Community Development Manager/City Planner Mrosla recommended Condition 31 state the applicant shall construct six workout stations. Councilmember Scott asked if the PTRC recommended six workout stations. Mayor Grant reported this was the case. AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to add Condition 31 to read: The applicant shall construct six (6) workout stations. The amendment carried unanimously (5-0). AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to add Condition 32 to read: The applicant shall work with staff to ARDEN HILLS CITY COUNCIL—JULY 22, 2019 17 provide a child amenity within the park. The amendment carried unanimously (5-0). Councilmember Holden asked if the stormwater ponding area would resemble a rain garden. Mr. Radach explained the plan calls for a wet meadow planting mix to be planted in this area and noted the area would be maintained as a rain garden. The amended motion carried (5-0). MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adopt Resolution 2019-024 Approving a Conditional Use Permit for the property at 1718, 1720, 1722 Parkshore Drive and 4177 Old Highway 10. The motion carried (5-0). B. Resolution 2019-025 Awarding a Contract for Tennis Court Improvements for Cummings, Hazelnut and Royal Hills Parks Projects to Bituminous Roadways for the Base Bid and Declining the Bid Alternate for Hazelnut Park Interim Public Works Director/City Engineer Blomstrom stated on July 16 the City received four (4) construction bids for improvements to the tennis and basketballs parks within Cummings, Hazelnut and Royal Hills Park. He reviewed the bid results with the Council and recommended the Council award the bid to Bituminous Roadways for the base bid while declining the bid alternate for Hazelnut Park. Staff reviewed photos of the existing surfaces and it was noted the project would cost the City $349,102 to improve the tennis and basketball courts. The project would be funded from the PIR Fund. Councilmember Holden asked if the City had worked with Bituminous Roadways in the past. Interim Public Works Director/City Engineer Blomstrom explained this company has been around for many years and noted he has completed projects with this reputable company in the past. He commented further on the importance of having good material and grades when completing tennis courts. He indicated the City had good designs for the project and would make sure the contractor was complying with the design specifications. Steven Foss, WSB, introduced himself to the Council and stated he was present to take comments or questions. He explained he had worked successfully with Bituminous Roadways on several projects in recent years. Councilmember Holmes asked if the bids came back higher than expected because the project was bid mid-summer. Mr. Foss reported this was the case. Councilmember Holmes questioned if the Council should reject the bids and hold off on the project until 2020. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 18 Interim Public Works Director/City Engineer Blomstrom indicated the Council could reject all the bids and have the project rebid this winter or early spring. He reported the only risk would be the bids could come back higher. Councilmember McClung commented if the bids were rejected and rebid this winter, he questioned what type of savings the City could expect. Interim Public Works Director/City Engineer Blomstrom stated this would be difficult for him to determine. He estimated the City may save 5%. However, he explained the demand for construction was growing in the region and this may keep construction costs climbing. Councilmember Holden commented on the condition of the Royal Hills tennis court and stated she wanted to see this project done. She did not like the idea of putting the tennis court off at Hazelnut in lieu of the parking lot. Councilmember Scott indicated he was not comfortable putting these projects ofas the bids may come back higher and the work needed on the courts could be more. Councilmember Holmes asked if these projects would be completed prior to winter Interim Public Works Director/City Engineer Blomstrom stated the City had issued some flexibility on the acrylic surface so that the contractor does not force the issue and create a poor product. He indicated the acrylic surface may be applied in the spring to ensure it was done correctly. He commented further on the work that would be completed at each of the three parks. Councilmember Holden questioned if the project should be bid in January since some of the work would already be completed in the spring. Mr. Foss explained Cummings Park would be completed this fall. Mayor Grant indicated the City could not separate the bid. Councilmember Holden asked if Hazelnut Park could be cracked sealed to hold the material together until it is resurfaced. Mr. Foss commented he could reach out to his geotechnical group, but noted this may be an option for a temporary fix. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution 2019-025 Awarding a Contract for Tennis Court Improvements for Hazelnut, Cummings and Royal Hills Parks Proiects to Bituminous Roadways for the Base Bid, Declining the Bid Alternate for Hazelnut Park, and directing staff to seek alternative options for Hazelnut Park. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL—JULY 22, 2019 19 MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to extend the Council meeting to 10:15 p.m. The motion carried unanimously (5. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott reported he attended International Paper's 50th Anniversary. Councilmember Holmes stated she enjoyed attending anniversary party for International Paper. Councilmember Holden indicated she loves to hear from residents about TCAAP and encouraged residents to call or email the City Council with comments or questions. Councilmember Holden requested the Council receive a wrap up on the PMP. Councilmember Holden questioned if residents could live above detached garages. Community Development Manager/City Planner Mrosla explained it was not prohibited by Ordinance but would be very difficult to create a dwelling unit above a garage. Councilmember Holden requested the Council discuss setting speed limits on City streets at an upcoming worksession meeting. Councilmember Holden requested staff investigate the rain gardens on Noble because they were in very poor condition. Councilmember Holden questioned when buckthorn removal would begin. Interim Public Works Director/City Engineer Blomstrom reported buckthorn removal is scheduled for two Saturdays in August. Councilmember Holden asked when the Comprehensive Plan would be back to the City. Community Development Manager/City Planner Mrosla anticipated the Comprehensive Plan review letter would be back to the City next week. Mayor Grant requested staff address the postal situation in order to get the City newsletter delivered to the residents living in Arden Manor. Mayor Grant requested staff provide the Council with a recap on the PMP at the next Council meeting. ARDEN HILLS CITY COUNCIL—JULY 22, 2019 20 Mayor Grant indicated he was not able to attend International Paper's celebration but stated he was pleased other Councilmembers were able to attend this event. Mayor Grant explained the TCAAP property was in litigation and the Council could not comment about items in litigation. ADJOURN MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to adiourn. The motion carried unanimously (5-0). Mayor Grant ad'ourned the Regular City Council Meeting at 10:1 VP.m. Jul' Hanson David Grant CiV Clerk Mayor