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HomeMy WebLinkAbout06-22-2020-R .It -ARQEN_HILLS Approved: July 27, 2020 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 22,2020 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. Note: On March 20`h, the Mayor signed a determination allowing Councilmembers to participate in City Council meetings via telephone pursuant to State Statute 13D.021 Present via Telephone: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Finance Director Gayle Bauman; Public Works Director/City Engineer Todd Blomstrom; Community Development Manager/City Planner Mike Mrosla; Assistant City Engineer/Engineer in Training David Swearingen; and City Clerk Julie Hanson; via telephone: City Attorney Joel Jamnik PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holmes requested Item 6B (Motion to Adopt COVID-19 Preparedness Plan) be pulled from the Consent Agenda for discussion as Item 7A. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. A roll call vote was taken. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 2 A. Public Inquiry Response From May 26, 2020 City Council Meeting City Administrator Perrault reviewed the response from the City to the public inquiry made at the May 26 City Council meeting where questions were raised regarding the future cost and location of a fire station. 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. COVID-19 Update City Administrator Perrault provided Council with a COVID-19 update. He encouraged residents to visit the City's website for the most current and up to date information regarding COVID-19. He reported the Minnesota Department of Health and CDC also had websites with current guidelines and recommendations. He explained the City of Arden Hills remains in a peacetime state of emergency and City Hall will remain closed until further notice. He indicated City staff remains operational and can be reached via phone or email. He encouraged residents to monitor the Governor's executive orders which were available on the State of Minnesota's website. C. Transportation Update Public Works Director/City Engineer Blomstrom updated the Council on the I-35W MNPASS project. He stated work continues on the County Road I bridge. He discussed how traffic lanes would shift in the coming months. Public Works Director/City Engineer Blomstrom stated a meeting with MNDOT would be held on Wednesday, June 24'h to discuss the Hamline/Snelling Avenue median closure. He explained he would have further information for the Council regarding this matter after the meeting. 5. APPROVAL OF MINUTES A. May 18, 2020, City Council Work Session B. May 26, 2020, Regular City Council C. May 28, 2020, Special City Council Councilmember Holden stated she had made to grammatical changes to the May 18th worksession meeting minutes. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the May 18, 2020, City Council Work Session meeting minutes, May 26, 2020, Regular City Council meeting minutes; and May 28, ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 3 2020, Special City Council meeting minutes as amended. A roll call vote was taken. The motion carried unanimously (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item- Claims and Payroll C. Motion to Approve Professional Services Agreement for Services related to Lift Station No. 10—Bolton&Menk D. Motion to Approve Payment No. 4 — Bituminous Roadways — Tennis Court Improvements at Cummings and Royal Hills Parks MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. A roll call vote was taken. The motion carried unanimously (5-0). 7. PULLED CONSENT ITEMS A. Motion to Adopt COVID-19 Preparedness Plan City Administrator Perrault stated Governor Walz passed an executive order requiring cities to draft and approve a COVID-19 Preparedness Plan. He explained this plan should be adopted by Council direction. Councilmember Holmes asked if the Council should make a recommendation to staff regarding the wearing of masks or cloth face coverings. She reported the CDC encourages employees wear cloth face coverings in the work place. Mayor Grant questioned if staff believed language should be included within the Preparedness Plan to address the wearing of masks. City Administrator Perrault commented he tried to leave the language flexible within the plan as the CDC would continue to make changes in their recommendations. He stated currently, the use of masks was encouraged but not required. He read the CDC requirements in full for the record. Councilmember Holden reported several large companies in Minneapolis are requiring employees to wear masks unless the employee is in their cube. Councilmember Scott asked if the City has had any employees that have been directly affected by COVID-19. City Administrator Perrault stated the City has not had any employees with COVID-19. Councilmember Scott supported the plan stating the City strongly recommends the use of face coverings while in the office. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 4 Mayor Grant recommended masks not be required in offices, but that they could be required in common areas. Councilmember Holden and Councilmember McClung supported this recommendation. Councilmember Holmes stated in the office it should be clarified that masks should be worn in conference rooms, or if a person comes into an office or cube. She explained she wanted the City to be setting a good standard for the public. She did not believe it was necessary for Public Works employees to be wearing masks when they are working outdoors. Councilmember Scott agreed Public Works employees did not need to wear masks when working outside,but if these employees were to approach the public, a mask should be worn. Councilmember Holden supported Public Works employees wearing masks when they were working closely together on a project. Mayor Grant questioned if this portion of the plan should be written or if the language should be referred to CDC guidelines. He anticipated that the CDC requirements would continue to change over time. Councilmember Holmes understood this policy was a moving target, but she stated she wanted to see some language included in the plan regarding face masks. She believed this was a working document that could be amended in the future as CDC requirements and executive orders change. She stated language regarding face coverings and masks could be added to the plan as an addendum. Mayor Grant inquired if there was a deadline to approve this plan. City Administrator Perrault reported this document has to be adopted by June 29t". He noted the language could be updated or changed by the City Administrator per the Council's direction. Mayor Grant stated the Council could approve the plan as presented and an attachment, or addendum could be created to address the changes. Councilmember Scott commented he did not see any need to change the document as presented. However, he would recommend the managers be allowed to address face coverings as they deem fit for the City. He suggested masks not be required in offices, or if people are six feet apart but that masks be required if people are closer than six feet. Councilmember McClung stated if people are not able to social distance than masks should be required. Councilmember Holden recommended this language be put in writing so employees know what the expectation was for face masks and social distancing. Councilmember Holmes agreed stating she wanted details in the writing. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 5 Mayor Grant requested the Council move approval of the Preparedness Plan and that the additional language regarding face masks be added as an attachment or addendum. Councilmember Holmes stated she was also concerned with the fact that the City Council had a policy in place that no more than eight(8) employees should be at City Hall at any one time. Mayor Grant stated this may have been a recommendation, but he did not believe a policy was voted on by the City Council. Councilmember Holden commented the last bullet under social distancing addresses this matter and noted the cap for employees at City Hall was set at eight(8). MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to adopt COVID-19 Preparedness Plan directing staff to create an attachment that can be updated as needed based upon COVID-19 CDC guidelines and adding a line under Communications, Training Practices and Protocol stating: It will be updated as necessary by the City Administrator, reviewed by Council and posted. A roll call vote was taken. The motion carried (5-0). 8. PUBLIC HEARINGS A. Quarterly Special Assessment for Delinquent Utilities Finance Director Bauman stated water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Mayor Grant opened the public hearing at 7:40 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:41 p.m. B. Planning Case 20-003 —Variance and Preliminary Plat — Ecko Estates —3246 New Brighton Road Community Development Manager/City Planner Mrosla stated the Applicant submitted a Land Use Application for a Variance and associated Preliminary Plat. The Applicant is proposing to remove the existing vacant fire station and then subdivide the Subject Property into four (4) owner occupied single-family detached residential lots. The Applicant is requesting a variance to reduce the minimum lot width of the re-platted lots from the ordinance requirement of 85 feet to 81.75 feet. Community Development Manager/City Planner Mrosla explained the Subject Property is located within the R-2 Single and Two-Family Residential District and is guided as a Very Low Residential Density use in the Land Use Plan. The Subject Property is approximately 3.12 acres in size and is comprised of the decommissioned Lake Johanna Fire Station No.I building, a detached garage, and parking areas. The two existing structures are located along New Brighton Road and ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 6 there are multiple curb cuts currently providing access to the property. The topography of the lot is relatively flat along New Brighton Road, but then slopes down significantly to a pond located on the easterly half of the property. The elevation change from New Brighton Road to the pond edge is roughly 15 feet. The pond occupies approximately 1.3 acres of the site leaving 1.5 acres of developable land. Community Development Manager/City Planner Mrosla reported since 2017 the Subject Property has had three (3) previous development applications reviewed. The first application was submitted in April, 2017; the developer was requesting to subdivide the Subject Property into four (4) lots, however, the former landowner and the applicant couldn't agree on a sale price and the applicant withdrew their application. In January, 2018, a different applicant submitted an application requesting to subdivide the Subject Property into four (4) lots. On April 23, 2018, the City Council considered the application for a Preliminary Plat, Final Plat, Comprehensive Plan Amendment, and Variance. The City Council voted to deny this application because the proposal was not consistent with the Comprehensive Plan. Community Development Manager/City Planner Mrosla commented at their May 29, 2018 meeting the City Council approved a Comprehensive Plan Amendment, Preliminary Plat and Variance at the Subject Property. The Comprehensive Plan Amendment reguided the property from Public and Institutional to Very Low Density Residential. The City Council approved a Preliminary/Final Plat request that created three (3) single-family residential parcels on the existing lot. The proposed project never came to fruition and the property was voluntarily foreclosed. Community Development Manager/City Planner Mrosla reviewed the Plan Evaluation, Variance Requirements and offered the following Findings of Fact: 1. City Staff received a land use application for a request for preliminary plat and variance at the Subject Property 3246 New Brighton Road. 2. The property at 3246 New Brighton Road is located in the R-2 — Single and Two-Family Residential Zoning District and is guided as very low density on the Land Use plan. 3. The subject property is currently comprised of the former Lake Johanna Fire Station 1 building, a detached garage, and parking areas. 4. The subject property is 3.12 Acres. 5. The applicant has requested a Preliminary Plat in order to subdivide the property into four (4) single-family residential lots. 6. The adjacent properties to the north, east, west and south are zoned R-2 District and are guided for Low Density Residential uses in the Arden Hills 2040 Comprehensive Plan 7. A single-family detached dwelling is a permitted use for the lots in the R-2 district where the Subject Property is located. 8. The applicant has requested a variance from Section 1130.07, Subd. 2 of the City Code, to allow a lot width of 81.75 feet, or 3.25 feet less than the minimum 85-foot requirement for the R-2 District. 9. Approximately one-third of the properties within this block that have lot widths less than the required 85 feet for the R-2 District. While, the majority of the lots on this block are 85 feet wide or greater, few have the depth or area of the four lots proposed in the redevelopment. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 7 10. The proposed preliminary plat meets the other Minimum Subdivision Design requirements included in Section 1130 of the City Code. 11. The proposed preliminary plat meets or will be required to meet the Required Improvements for subdivisions included in Section 1140 of the City Code. 12. The proposed development requires public use dedication, as required in Section 1130.08 of the City Code. Community Development Manager/City Planner Mrosla stated at their June 3, 2020 meeting, the Planning Commission heard testimony from the Applicants and residents regarding the Applicants request for Ecko Estates at the Subject Property 3246 New Brighton Road. Upon hearing the testimony, the Planning Commission motioned to recommend to approve the request for a Variance and Preliminary Plat, (5-2) with the conditions of approval. One (1) of the two (2) dissenting voters had concerns about the number of trees that would need to be planted by the Applicant in order to meet the Tree Preservation Ordinance, commenting that the Applicant should submit a plan with fewer trees removed. A concern was also brought up that the request for four(4) lots was due to economic consideration from to the expense of demolition. Mayor Grant opened the public hearing at 7:54 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:55 p.m. C. Planning Case 20-005 — Master Planned Unit Development and Preliminary/Final Plat — 2 Pine Tree Drive — Bethel University (Anderson Center) Community Development Manager/City Planner Mrosla stated in 2013 Bethel University acquired the Country Financial facility at 2 Pine Tree Drive. The property consists of three (3) parcels that total approximately 43 acres. The northern parcel which is 21.52 acres in size contains the access road off of Pine Tree Drive and the majority of the surface parking. The center parcel which is 19.16 acres in size contains an existing 181,432 square foot office building and a small fraction of the surface parking. The remaining undeveloped parcel to the south is 2.43 acres in size and is made up of mainly woodlands and wetlands. The Applicant is proposing to subdivide the northern parcel into two (2) lots and consolidate the center parcel and the remaining southern exception parcel into one lot of record. Community Development Manager/City Planner Mrosla reported the subject property is located within the B-2 General Business District, where higher educational uses are permitted by Conditional Use Permit (CUP). At its November 25, 2013 meeting, the City Council approved a CUP for Bethel University to use the existing facility as higher education. The CUP does not include additional conditions to restrict development of the northern section of the site. Community Development Manager/City Planner Mrosla explained it is important to note that the current platting process is not associated with any specific development on the site. However, the Lake Johanna Fire Department is in the due diligence process to acquire the lot adjacent to Pine Tree Drive for a future fire station. This application only pertains to Bethel's request to divide the land and not future development projects. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 8 Community Development Manager/City Planner Mrosla reviewed the Plan Evaluation, Zoning Regulations and offered the following Findings of Fact: 1. The subject property is located at 2 Pine Tree Drive and is zoned B-2, General Business District and is guided as Community Mixed Use on the Land Use Plan. 2. The applicant has submitted an application for Master Planned Unit Development and Preliminary/Final Plat. 3. The Applicant is requesting to create two (2) new lots of record and consolidate two (2) existing lots into one (1) The proposed plat also creates an outlot covering the private access road and utilities. 4. The current platting process is not associated with any specific development on the site. 5. The proposed subdivision is requesting no flexibility through the PUD process. 6. The proposed plats and Master PUD conforms with the requirements of the City Code. 7. The proposed Preliminary Plat and Final Plat are consistent with the Arden Hills Zoning Map and the 2040 Comprehensive Plan. Community Development Manager/City Planner Mrosla explained at their June 3, 2020 meeting, the Planning Commission heard testimony from the Applicants and residents regarding the Applicants request. Upon hearing the testimony, the Planning Commission motioned to recommend approval by a 7-0 vote. Mayor Grant opened the public hearing at 8:04 p.m. Bill Blanski, 1191 Tiller Lane, stated he was curious about the process that would be followed for this project. He questioned what the stormwater management requirements would be and asked what the size of the parking lot would be. Community Development Manager/City Planner Mrosla reported the stormwater management requirements would be reviewed by the City when an application was brought to the City. He explained the parking that was onsite met the requirements for the PUD from 2013. David Anderson, 1896 Gerald Avenue, requested further information regarding the future fire station and questioned how the City would fund this project. He inquired what would happen with the fire station if it were sold or abandoned in the future. City Administrator Perrault commented the application being considered this evening was for the subdivision of the land. He encouraged Mr. Anderson to contact himself or the Lake Johanna Fire Chief for further information regarding the future fire station. With no one coming forward to speak, Mayor Grant closed the public hearing at 8:10 p.m. 9. NEW BUSINESS A. Resolution 2020-025 Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 9 Finance Director Bauman stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated May 15, 2020 were mailed. The City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution #2020-025 — Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities. A roll call vote was taken. The motion carried (5-0). B. Resolution 2020-026 — Approving Variance and Preliminary Plat — Planning Case 20-003—Ecko Estates—3246 New Brighton Road Community Development Manager/City Planner Mrosla stated the Subject Property is approximately 3.12 acres in size and is comprised of the decommissioned Lake Johanna Fire Station No.1 building, a detached garage, and parking areas. The Applicant is proposing to demolish the existing vacant fire station and then subdivide the Subject Property into four (4) owner occupied single-family residential lots. This would require a re-platting of the Subject Property. The Applicant is requesting a variance to reduce the minimum lot width of the re-platted lots from the ordinance requirement of 85 feet to 81.75 feet. Further comment was provided on the Variance Findings of Fact. Staff reported the Planning Commission recommended approval of Planning Case 20-003 with 5-2 vote. A motion to adopt Resolution 2020-026 approving the Variance and associated Preliminary Plat for Planning Case 20-003 at 3246 New Brighton Road, based on the findings of facts, the submitted plans, and as amended by the following conditions: 1. 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. 2. The applicant shall submit a park dedication fee in the amount of$26,000, subject to the approval of the City Council. The park dedication fee shall be submitted prior to the execution of the Final Plat. 3. Preliminary Plat approval shall expire six months from the date of the City Council approval unless the Final Plat has been approved by the City Council and recorded with Ramsey County or a time extension granted by the City Council. 4. 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 any development permits. The Letter of Credit shall be valid for two full years from the date of installation of the replacement trees. 5. Prior to the issuance of a Grading and Erosion Control permit the Applicant shall work with the City to locate the additional eighty-seven (87) caliper inches of replacement trees on the site or on the adjacent properties to the north and south of subject property. If the replacement tree plantings cannot be reasonably accommodated on the site, the City can work with the applicant to find off-site locations for the plantings or require that a fee in lieu of the plantings be provided. 6. The applicant shall provide the City with a copy of the approved Rice Creek Watershed District Permit prior to the issuance of any development permits. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 10 7. Signage depicting the conservation easement boundaries shall be shown on grading plan, final location and sign design is subject to the approval of the Public Works Director. 8. A grading as-built and utility as-built plan shall be provided to the City upon completion of grading and utility work. 9. The proposed buildings shall conform to all other standards and regulations in the City Code. 10. 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. 11. 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. 12. 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. 13. 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. 14. Prior to the issuance Grading and Erosion permit, the Engineering Department shall review and approve final grading and utility plans in writing. 15. Staff shall review and approve the final landscaping plan showing a minimum of three trees in the front yard per lot prior to the release of the Final Plat. 16. The Applicant shall be financially responsible for any cost incurred for undergrounding existing overhead electric utilities and other associated private utilities and within the development. 17. The Developer shall be wholly responsible for the removal of debris and fencing found onsite. 18. Prior to the release of the Final Plat, the Applicant shall execute the grant of permanent conservation easement and restrictive covenant for wetland and wetland buffer. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The Development Agreement shall be fully executed prior to release of the Final Plat. Councilmember Holden asked if there was any additional footage to the north besides the proposed maintenance easement. Community Development Manager/City Planner Mrosla commented there is no additional room. He noted the 15 feet goes right up to the building pad. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 11 Councilmember Holden questioned if Public Works believed there was enough room to access the storm pond. Public Works Director/City Engineer Blomstrom reported at a minimum Public Works needs 10 feet to access the rear property and this area would have to remain clear of vegetation. Councilmember Holden inquired who got to decide what type of trees were replanted within this development. Community Development Manager/City Planner Mrosla stated the City requires a mixture or variety of trees. Councilmember Holmes asked if the proposed retention pond was a requirement of Rice Creek Watershed. Community Development Manager/City Planner Mrosla reported this was a Rice Creek Watershed requirement. Further discussion ensued regarding how water would drain from the proposed development. Councilmember McClung stated he was having a hard time deciphering what the unique circumstances were with this property. He commented his other concern was that economic consideration should not constitute a practical difficulty. He explained that three lots would also work for this development, versus four. He indicated he did not see how the City could legitimately grant a variance for this request. Councilmember Holden agreed with Councilmember McClung. She stated she had additional conditions for approval if this item were to proceed towards approval. Mayor Grant reported if three lots were pursued the lots would be 108 feet wide, which was not in keeping with the character of the neighborhood. Councilmember McClung reminded the Council that they had to consider the proposal per City Code today and not what City Code used to be. Councilmember Scott stated he originally opposed this development, when proposed by a different developer. He commented given the fact several neighborhood meetings have been held and the neighbors want the blight removed he was in favor of granting the variance. He explained he was taking into consideration how the development would change the neighborhood and indicated this was an older neighborhood that had 80 foot lots. He supported the developer building homes on similar sized lots, versus 100+ foot wide lots. Councilmember Holden reported she has heard from a lot of the neighbors as well and she understood they wanted the blight removed. She explained the neighbors do not understand why this site has moved to four residential lots. She indicated the variance requirements were not being met in her mind. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 12 Councilmember Holmes stated with conditions she would be able to support the development of four residential homes. She believed the four lots would fit better into the surrounding neighborhood than three lots would. She reported if only three lots were requested, a variance would not be needed and the development could proceed as is without any conditions for approval. Mayor Grant commented this would be the case. He agreed three lots would create larger homes that would not be in keeping with the neighborhood. MOTION: Councilmember Holmes moved and Mayor Grant seconded a motion to adopt Resolution 2020-026 for a Variance and associated Preliminary Plat for Planning Case 20-003 at 3246 New Brighton Road ("Subiect Property") based on the findings of fact and the June 22, 2020 Report to the City Council. AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to add Condition 19 which would read: The garage portion of the house facing the street shall not exceed 50% of the total facade of the home. Mayor Grant requested comment from the applicant regarding Condition 19. Mr. O'Meara stated he would try to construct homes that buyers wanted. Community Development Manager/City Planner Mrosla reviewed the proposed pad size noting the pads width was 60 feet. A roll call vote was taken. The amendment to add Condition 19 which would read: The garage portion of the house facing the street shall not exceed 50% of the total facade of the home carried 4-1 (Councilmember Scott opposed). Councilmember Holden asked how far apart the building pads were. Community Development Manager/City Planner Mrosla reported the minimum distance between the building pads was 17.4 feet. Councilmember Holden questioned how FAR would be impacted if only buildable area was included within the calculation. Community Development Manager/City Planner Mrosla explained the buildable area was all land without encumbrances. He reviewed the encumbrances on the site. He discussed how the lots would be impacted if the encumbrances were removed the buildable area. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 20 which would read: The applicant shall use the buildable area instead of the total lot area when calculating the FAR for each lot. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 13 Mayor Grant clarified that this would mean the building pads could be built the way they were submitted. Community Development Manager/City Planner Mrosla reported this was the case but would limit the size of the house that could be built on the building pad. A roll call vote was taken. The amendment to add Condition 20 which would read: The applicant shall use the buildable area instead of the total lot area when calculating the FAR for each lot carried (5-0). Brenden O'Meara respectfully requested the Council reconsider the FAR amendment. He stated a 2,000 square foot limit would mean he was building homes be smaller than all of the existing homes in the neighborhood. Councilmember Holden stated she would like to have another condition that would state the maximum peak of the roof should be no more than 35 feet. Mr. O'Meara explained he could build homes with a maximum height of 35 feet at the peak. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to add Condition 21 which would read: The maximum peak of the roof should be no more than 35 feet. A roll call vote was taken. The amendment to add Condition 21 which would read: The maximum peak of the roof should be no more than 35 feet carried 4-1 (Councilmember Scott opposed). Mayor Grant requested the Council regarding to discussing the FAR. He asked if the dimensions of a house that was 55 feet by 60 feet could be built with Condition 20 in place. Community Development Manager/City Planner Mrosla reported the max coverage for the lot would be 25%. He noted a home that was 55 feet by 60 feet would not be allowed because this would be 27% coverage. He commented if the home were reduced to 1,700 this would meet the intent of City Ordinance. Councilmember Holden requested the Council not go back but rather that she be allowed to finish her amendments. AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to amend Condition 17 to read: The developer shall be wholly responsible for the removal of debris including dead or deceased vegetation, and fencing found around the site. Councilmember Holmes stated she believed fallen trees were quite charming and that it should be up to the developer and the future homeowners if the fallen trees should be removed. She recommended Condition 17 remain as is. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 14 Councilmember Holden discussed how the trees that have fallen into the pond has diminished the view and drainage for a property owner that lives on the pond. Councilmember Holmes explained in her opinion Condition 17 was fine as it stands. A roll call vote was taken. The amendment to Condition 17 to read: The developer shall be wholly responsible for the removal of debris including dead or deceased vegetation, and fencing found around the site carried 3-2 (Councilmember Holmes and Councilmember Scott opposed). Councilmember Holmes requested the Council reconsider Condition 20. She believed it would be difficult without doing some detailed measurements what the buildable lot area would be. She explained staff came up with some calculations and requested these numbers be reviewed with the Council in further detail. Community Development Manager/City Planner Mrosla discussed the R-2 requirements and noted the minimum lot area was 11,000 square feet. He reported these lots exceed this requirement. He commented further on the buildable area for each lot without encumbrances and reviewed the max FAR for each lot. Councilmember Holden stated if Councilmembers were struggling with the FAR, she could set the FAR at to a maximum of 3,000 square feet. Community Development Manager/City Planner Mrosla suggested the size of the homes be set to the meet Zoning Code requirements for the R-2 zoning district. He stated Condition 20 could read: The total lot area shall be 11,000 square feet. He explained this would mean the homes could not be larger than 3,300 square feet. Councilmember Holmes indicated she could support this recommendation. She asked if the developer could support the proposed FAR recommendation. Mr. O'Meara explained he could support the proposed FAR recommendation but requested the restriction not be less than 3,300 square feet. Councilmember Scott stated he supported the minimum lot size of 11,000 square feet but noted the minimum lot size was actually 85 feet by 120 feet which was 10,200 square feet in size. Community Development Manager/City Planner Mrosla explained if the Council were to amend Condition 20 it would read: The buildable area shall be 11,000 square feet instead of the total lot area when calculating the FAR for each lot. Councilmember Holmes requested further information regarding the FAR calculation. Community Development Manager/City Planner Mrosla reviewed the numbers involved in the FAR calculation. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 15 Mayor Grant discussed on the foundation sizes that would have to be considered for the future homes in order to meet both Condition 19 and Condition 20. He commented on how the lot sizes could be adjusted to ensure each of the homes were similar in size instead of having two large homes on the end and two smaller homes on the middle lots. He asked how large the homes were on Katy Lane. Community Development Manager/City Planner Mrosla reported the homes on Katy Lane were roughly 4,500 square feet in size and noted these lots were 85 feet wide by 320 feet deep. AMENDMENT: Mayor Grant moved and Councilmember Holden seconded a motion to amend Condition 20 to read: The buildable area shall be 10,200 square feet instead of the total lot area when calculating the FAR for each lot. Councilmember Holmes questioned why the minimum was being reduced to 10,200 square feet versus 11,000 square feet. Councilmember McClung commented the math was wrong. Community Development Manager/City Planner Mrosla explained he was proposing that each lot be 11,000 square feet instead of the varying lot size. Councilmember Holmes believed staff s proposal made sense. Mayor Grant withdrew his amendment. Councilmember Holden stated she would not be withdrawing her second. Mayor Grant indicated he would leave his motion on the floor in the Council could vote it up or down. A roll call vote was taken. The amendment to Condition 20 to read: The buildable area shall be 10,200 square feet instead of the total lot area when calculating the FAR for each lot carried 4-1 (Councilmember Holmes opposed). A roll call vote was taken. The motion to adopt Resolution 2020-026 for a Variance and associated Preliminary Plat for Planning Case 20- 003 at 3246 New Brighton Road ("Subiect Property") based on the findings of fact and the June 22, 2020 Report to the City Council with the above amendments carried 3-2 (Councilmember Holden and Councilmember McClung opposed). C. Planning Case 20-005 — Master Planned Unit Development and Preliminary/Final Plat — 2 Pine Tree Drive — Bethel University (Anderson Center) Community Development Manager/City Planner Mrosla stated in 2013 Bethel University acquired the Country Financial facility at 2 Pine Tree Drive. The property consists of three (3) ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 16 parcels that total approximately 43 acres. The northern parcel which is 21.52 acres in size contains the access road off of Pine Tree Drive and the majority of the surface parking. The center parcel which is 19.16 acres in size contains an existing 181,432 square foot office building and a small fraction of the surface parking. The remaining undeveloped parcel to the south is 2.43 acres in size and is made up of mainly woodlands and wetlands. The Applicant is proposing to subdivide the northern parcel into two (2) new lots and consolidate the center parcel and the remaining southern exception parcel into one lot of record. Community Development Manager/City Planner Mrosla commented it is important to note that the current platting process is not associated with any specific development on the site. However, the Lake Johanna Fire Department is in the due diligence process to acquire the lot adjacent to Pine Tree Drive for a future fire station. This application only pertains to Bethel's request to divide the land and not future development projects. It was noted the Planning Commission recommended approval of Planning Case 20-005 with 7-0 vote. A motion for approval of Planning Case 20-005 for a Master Planned Unit Development and Preliminary Plat/Final Plat at 2 Pine Tree Drive, based on the findings of fact and submitted plans, subject to the following (16) conditions: 1. The project shall be completed in accordance with the plans submitted and 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 City Council. 2. All conditions of the Master PUD and Preliminary Plat approval shall remain in full force and effect. 3. The applicant shall record the Final Plat with Ramsey County and a copy shall be provided to the City within sixty (90) days of the City's approval. 4. A Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The Development Agreement shall be fully executed prior to release of the Final Plat. 5. 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 steel rods shall be placed at the corners of each lot. 6. The Developer Agreement shall identify maintenance responsibilities for Outlot A. Unless specifically modified within the Development Agreement, all maintenance responsibilities shall be completed by the property owner of Lot 3, Block 1. 7. All trails on Lot 3, Block 1 shall remain open to the public and terms of the agreement shall be memorialized in the Developers Agreement. 8. Prior to the release of the Final plat, the property owner of Lot 1, Block 1 shall submit a maintenance plan for the exiting trails on the subject parcel unless a written agreement between the City and owner establishes a different requirement. 9. A 6-ft wide sidewalk shall be constructed along the realigned section of the private driveway extending from Pine Tree Drive to Lot 3. 10. A 6-ft wide sidewalk shall be constructed along the west side of Pine Tree Drive from Outlot A to the north boundary of "Exception Parcel C" upon development of Lot 2 or relocation of the private driveway. 11. A traffic impact analysis shall be prepared in accordance with City standards and provided to City staff for review prior to development of Lot 1 and Lot 2. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 17 12. Proposed extensions of water main and sanitary sewer constructed within Lot 1, Lot 2 and Outlot A shall be private utility services. Public utility easements will not be required over private water and sanitary sewer utilities within the site. The development agreement shall include private access easements over these utilities to the benefit of the three lots. 13. The Applicant shall add a 20-ft wide public drainage and utility easement to the plat extending along the north lot line for Lot 1, Block 1 and along the north lot line for Outlot A. 14. The Applicant shall add a 20-ft wide public drainage and utility easement to the plat extending along the south lot line for Lot 3, Block 1 between the east right-of-way line at the terminus of Dunlap Street and the southwest corner of Lot 1. 15. The Applicant shall add a 10-ft wide public drainage and utility easement to the plat extending along the north lot line for Lot 3, Block 1 between Outlot A and the west lot line for Lot 3. 16. Prior to the issuance of a grading permit, all items identified in the May 27, 2020 Engineering Division memo shall be addressed. All comments shall be adopted herein by reference. Councilmember Holden asked if Lot 1 had any frontage on Pine Tree Drive. Community Development Manager/City Planner Mrosla reported this lot did not have frontage along Pine Tree Drive. He stated this meant this lot would have to have a private driveway. Councilmember Holden questioned who would be responsible for the private driveway. Community Development Manager/City Planner Mrosla stated Bethel University would be responsible for the private driveway. Councilmember Holden inquired if Lot 1 would be responsible for paying repair costs for Pine Tree Drive. Public Works Director/City Engineer Blomstrom indicated he would have to consult the assessment policy, but in a typical case, an assessment would be charged to those benefit from the repairs. He stated in general, this property would qualify as receiving a benefit and therefore would receive an assessment. Councilmember Holden asked why the parking lot was so big and questioned if there would be any parking lot sharing. Community Development Manager/City Planner Mrosla indicated shared parking may occur but he did not have submitted plans for Lot 1 at this time. Councilmember Holden questioned if a park dedication fee would be charged for this subdivision. Community Development Manager/City Planner Mrosla reported the final uses were unknown and therefore park dedication fees were not being charged at this time. He explained park ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 18 dedication fees were charged based on the use. He recommended the park dedication fees be deferred until plans are submitted for the lots. Councilmember Holmes stated she would like to see the park dedication fees charged to Bethel with the assumption a fire station and potential senior housing was being considered. If this changes,the park dedication fees could go up or down. Community Development Manager/City Planner Mrosla stated the park dedication could be charged now,however,this may require refunds and reversals in the future. Councilmember Holmes did not believe it was fair to have the future developer paying the park dedication fees. She recommended these fees be passed along to Bethel University at this time. Community Development Manager/City Planner Mrosla indicated the City could calculate the potential fees for the lots and charge Bethel at this time. He stated Bethel could then pass these fees along to the future developers. He explained he would need some time to calculate the numbers if the Council wanted to proceed in this manner. City Attorney Jamnik advised park dedication fees would be at the Council's discretion. Councilmember Holden asked if this piece of property was being treated differently than any other property proposed for subdivision and redevelopment. Community Development Manager/City Planner Mrosla explained the City was not treating this property any differently. Councilmember Scott reported the City Council needed a motion to extend the meeting. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to extend the City Council meeting to 10:35 p.m. A roll call vote was taken. The motion carried (5-0). Councilmember Holmes stated her concern with the project was who would be charged the park dedication fee in the future. Community Development Manager/City Planner Mrosla explained the park dedication fee would be charged to the future land developer. MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to approve Planning Case 20-005 for a Master Planned Unit Development and Preliminary Plat/Final Plat at 2 Pine Tree Drive, based on the findings of fact and submitted plans, subiect to the following (16) conditions in the June 22, 2020, Report to the City Council. Councilmember Holmes asked why the City would be participating in the cost share of the roadway with Bethel University. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 19 City Administrator Perrault reported this road had to be moved to the north or the south. He explained the Fire Department would pay for a portion because this was negotiated with Bethel University and the amount would not exceed $325,000 or one-third, whichever is less. Councilmember Holden commented the request before the Council was simply a lot split. City Attorney Jamnik stated this was the case. A roll call vote was taken. The motion to approve Planning Case 20-005 for a Master Planned Unit Development and Preliminary Plat/Final Plat at 2 Pine Tree Drive, based on the findings of fact and submitted plans, subiect to the following (16) conditions in the June 22, 2020, Report to the Citv Councilcarried (5-0). 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott reported the virtual District Town Hall meeting has been postponed to Sunday, June 281h at 4:00 p.m. He reported the City Clerk has the dial in information for this meeting. Councilmember Holmes suggested the City reconsider some of the COVID-19 ideas. She noted Ramsey County has opened its park shelters to 25 or fewer people. She explained she had a resident request the City reconsider garage sales. She requested the Council consider discussing this matter at its next worksession meeting. Mayor Grant supported the Council discussing this at a future worksession meeting. City Administrator Perrault recommended a special worksession be held to address this topic. Councilmember Holmes suggested backyard chickens also be addressed at the special worksession meeting. Councilmember Holden asked if all potholes have been filled in the City. Public Works Director/City Engineer Blomstrom reported crews were still working to fill all of the potholes in the City. Councilmember Holden questioned when this work would be done. Public Works Director/City Engineer Blomstrom stated he would receive a schedule and would report back to the Council in his administrative update on Friday. ARDEN HILLS CITY COUNCIL—JUNE 22, 2020 20 Councilmember Holden inquired when the City would hear back on the grant for the Mounds View Trail. Public Works Director/City Engineer Blomstrom stated this would occur later this summer or early fall. Councilmember Holden requested further information regarding the tennis court crack sealing. Public Works Director/City Engineer Blomstrom reported staff was picking up some new material on Tuesday, June 23rd and staff would finish up the courts on Floral later this week. Councilmember Holden stated Joe Lux retired from Ramsey County. She thanked Mr. Lux for all of his great work on behalf of the City of Arden Hills. Councilmember Holden discussed the dropping price of asphalt at this time and recommended this be further addressed by the Council at the special worksession meeting. Mayor Grant concurred. Councilmember Holden requested the 911 information that was provided to the City Council be provided to Arden Hills residents. City Administrator Perrault stated he could post this information on the City's website and could draft an article for the upcoming newsletter. Councilmember Holden recommended this information also be posted onto the City's Facebook page. Mayor Grant commented there was a protest march that occurred last Saturday and the final destination was the Arden Hills City Hall. He noted portions of County Road 96 was closed during the peaceful demonstration. ADJOURN MOTION: Mayor Grant moved and Councilmember Scott seconded a motion to adjourn. A roll call vote was taken. The motion carried unanimously (5-0). Mayor Grant adjourned the Regular City Council Meeting at 10:24 p.m. Juli anson David Grant Cit Jerk Mayor