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HomeMy WebLinkAboutCC 11-25-1996 I . MINUTES CITY OF ARDEN HILLS, MINNESOTA II REGULAR CITY COUNCIL MEETING NOVEMBER 25, 1996 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS . I CALL TO ORDER/ROLL CALL I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. . Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks, Susan Keirn, and Paul Malone. I Absent: None. I Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; City Attorney Jerry Filla; Community Development Director, Kevin Ringwald; Public Works Superintendent, Dwayne Stafford; Administrative Secretary, Sheila Stowell; and .. Recording Secretary, Carla Wirth. . ADOPT AGENDA I Brian Fritsinger, City Administrator, added Agenda Item 5.e, Discuss Lambros Ditch. MOTION: Hicks moved and Aplikowski seconded a motion to adopt the agenda for the I November 25, 1996, Regular City Council meeting as revised. The motion carried unanimously (5-0). I CONSENT CALENDAR Councilmember Malone requested that in the future, approval of minutes not be included as a I Consent Calendar item. He removed Approval of November 12, 1996 Regular Council Meeting minutes from the Consent Calendar. I A. Approval of Minutes November 18, 1996 Council W orksession Meeting B. Claims and Payroll I MOTION: Hicks moved and Malone seconded a motion to approve the Consent Calendar as .. presented and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). I - I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25. 1996 2 -' November 12, 1996, Regular Council Meeting I Correct Page 6, fourth paragraph, to indicate: "Councilmember Malone asked staff to determine the amount of interest that has accrued on street improvement assessments in the PIR fund, to assist Council in making a determination on the I scone of 1997 Street Improvement projects." Correct Page 7, third paragraph, to indicate: "Mr. Fritsinger noted the League policies are similar to those of AMM but the League represents cities as a whole state-wide. I MOTION: Malone moved and Keirn seconded a motion to approve the November 12, 1996, Regular Council Meeting minutes as corrected. The motion carried unanimously I (5-0). PUBLIC COMMENTS I Mayor Probst invited the audience to address the Council on any issue not already on the agenda. I There were no public comments. UNFINISHED AND NEW BUSINESS .. A. Planning Case #96-17, Arby's/Sbarro PUD I Kevin Ringwald, Community Development Director, reviewed the location of the property under consideration and surrounding uses. He explained the applicant is requesting approval of a Planned Unit Development (PUD) Master Plan (St. Paul Properties) and Final Plan I (Arby's/Sbarro) to facilitate the construction of a 4,137 square foot fast food restaurant on an approximately five acre parcel zoned B-3. The applicant is proposing two principal uses for the property, a fast food use and a retail use. I Mr. Ringwald advised the Planning Commission separated this application into two areas of I discussion, use of the property and traffic related issues. He commented on the proposed use of the property, Lexington A venue Business Plan, and memorandum from various traffic consultants. Mr. Ringwald noted that fast food restaurants in Arden Hills must be at least 1,320 I feet apart, however, Section V, H, 4 of the Zoning Ordinance allows a waiver within a B-3 zone if the use can meet five criteria which have been set forth. He reviewed the five criteria as follows and explained each: I 1. The operation consists of one or more drive-in businesses or fast food restaurants and is an integral part of a building containing one or more other allowed uses, or the operation I is part of an architecturally unified "food court" or "drive-in service court" complex containing two or more restaurants, fast food restaurants or drive-in businesses; 2. Shared access drives and shared parking are utilized by all such restaurants, fast food .. restaurants or drive-in businesses in said building or complex; I ---- I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25, 1996 3 II 3. Only one "food court" or "drive-in business court" or building containing fast food restaurants or drive-in businesses will be allowed in addition to one free-standing fast I food restaurant; 4. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unifY the appearance and function of the complex or building; and I 5. A "fast food court" or "drive-in business court" may consist of one or more buildings on one or more parcels ifthe intent of providing a unified appearance and function is not compromised. I Mr. Ringwald advised the Planning Commission found this is a fast food use within 1,320 feet of the Burger King, the use did not warrant the waiver, would cause unnecessary traffic impact to I adjacent streets, and does not comply with the Lexington Business Area Plan. I Councilmember Hicks inquired regarding the area which is encompassed by the PUD. Mr. Ringwald advised it encompasses the entire parcel owned by St. Paul Properties. I Mayor Probst noted this application is being presented for consideration of approval of the PUD Master Plan. He stated he has spoken with the applicant and did not have the impression that was the request under consideration tonight. Mr. Ringwald advised the application was for .. approval of the PUD Master Plan which is the action considered by the Planning Commission. Doug Kennedy, Franchise Associates, Inc., explained that after the Planning Commission I meeting, they met with staffto determine what would satisfY the City's concern with regard to traffic issues. In response to their question, Mr. Ringwald recommended they approach the Council to ask ifthe Arby's/Sbarro use is acceptable. If not, the request will be dropped but if it I is acceptable, they will approach Shannon Square to determine how to resolve traffic concerns. Mayor Probst asked if timing issues are involved with regard to the consideration of this I application. Mr. Ringwald stated the City has 120 days to review land use requests and currently is on the second 60 day period. The Council must make a determination by Thursday, December I 19, 1996. He noted if the City denies this request, that rationale for that determination must be provided to the applicant at the meeting. I Mayor Probst expressed reservations with the proposal as presented and under consideration tonight. He reviewed the history and logic for determining this B-3 zoning district and the need to assure proper development of this area so traffic issues are appropriately addressed. Mayor I Probst stated he is interested in knowing whether the applicant is willing to work with the City to determine the "larger picture" and how to address this site as a whole. I Councilmember Malone stated he shares the Mayor's concern about the development of this area off Lexington Avenue with limited additional curb cuts. He stated he understands this type of .. food establishment is being requested by the applicant but the need also exists to assure orderly development. I I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25. 1996 4 It Councilmember Malone stated in reviewing the five criteria, he believes the proposal is not the type of development that is desirable since it does not currently meet the "test" for the use of this I property. Councilmember Keirn asked how the 1,320 feet guideline was determined and whether it was I determined when Burger King applied. Mr. Ringwald advised that the review of the Burger King site plan addressed this requirement. I Councilmember Aplikowski stated she favors the Arby's/Sbarro proposal but understands it needs some "tweaking." She stated this plan was devised some time ago and while she appreciates the concerns expressed by current users, she believes those concerns can be I addressed. She asked if this same discussion would occur if the restaurant was just an Arby's. Mr. Ringwald stated a single use fast food would not be allowed. I Mayor Probst explained the applicant proposes that having a joint use constitutes a "food court" type of use. I Councilmember Hicks reviewed the Mayor's suggestion that the applicant "step back" from the application request to address traffic issues and a larger development plan. He noted if this Ie structure were attached to the building on the north, the 1,320 foot limitation could be waived. He asked if it is really a traffic/circulation concern rather than a land use concern. I Mayor Probst stated it is and noted the traffic problem is a fundamental issue since the proposed access location is not a good one. He noted it may be possible to consolidate an access point with Shannon Square. I George Lang, St. Paul Properties, reviewed his history with this company and the location of nine buildings owned by St. Paul Properties within this general vicinity. He reviewed the various I requests for purchase of small parcels which have been turned away because they were not desirable uses. Mr. Lang reviewed the request of Franchise Associates to allow two separate I entities (restaurants) within a single building. He stated the request under consideration tonight is whether this use fits into the City's plan as a permitted use and whether the intended use is appropriate. Mr. Lang stated they will work with the City to draft an overall plan for the B-3 and I B-4 areas. Mr. Lang reviewed the aligrunent of a roadway proposed to be extended to connect to Shannon I Square which will alleviate traffic problems at the access point to Lexington A venue. He stated his belief that the current proposal is actually two separate businesses since it is two separate kitchens, cash registers, etc. He asserted this is a key distinction and provides an alternative I which meets the need of fast food within the community without the need for additional curb cuts. Mr. Lang welcomed the opportunity to work with the City to resolve their mutual concerns. .. I I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25 1996 5 .. Mayor Probst stated the ordinance was not intended to say there will be no fast food restaurants in Arden Hills but, rather, to recognize this type of restaurant and address how to best I accommodate that type of use. He expressed a reluctance to poll the Council about the use question due to his concern with a piece-meal type of proposal without the assurance of an entire package. Mayor Probst suggested the applicant "step back" from consideration of the application I until the use question is answered. Mr. Lang stated he believes this application meets the criteria of the Ordinance but he is willing I to put the application on the "back burner" to work with the City to develop a coordinated plan. He stated they are also willing to work with Shannon Square to address its concern with regard to traffic. I Mayor Probst stated it is not his intent to propose a two-year planning exercise but to address the I key issues rather quickly. Mr. Lang stated they could withdraw the application but are concerned it will result in additional cost to resubmit another application in the future. I Mr. Ringwald stated the primary difference between withdrawal and Council action is that if denied, the application cannot be resubmitted for a period of six months. If withdrawn, the application can be refiled within six months. Ie Councilmember Hicks again raised the option of attaching the use to the building on the north. Mr. Lang explained the entire use of the area would have to be addressed to assure it fits with the I overall plan. He stated they are willing to work on any concept that works for the City and S1. Paul Properties. Councilmembcr Hicks stated this option may allow consideration of the application and the Council has an obligation to send a clear message on its intent regarding the I appropriateness of this use. He stated he believes this is an appropriate use and the conditions cited provide for adequate breadth of interpretation. Councilmember Hicks stated if withdrawn, he would support allowing refiling of the application without a fee. I Councilmember Aplikowski stated she supports this application and having the applicant work with staff to address those concerns. She stated she does not believe the addition of another I restaurant will result in loss of revenue to existing fast food restaurants but she would like to see a better traffic circulation plan. I Mayor Probst stated he favors consideration of a broader view and while there may be ways to "finesse" the plan to meet the letter ofthe ordinance, that may not be the best solution. He stated I he supports the applicant working with staff to deal with the intent of the ordinance, not the technicalities. I Councilmember Malone concurred and reviewed the exact wording of the ordinance. He stated the concept is for a cohesive multi-tenant use that coordinates well (not a postage-stamp, .. piecemeal development). I I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25. 1996 6 - Mr. Lang stated they believe this use qualifies under City ordinance but they are willing to withdraw the application and rework the plan if that is the desire ofthe Council. Mr. Lang I further stated that given the direction of the Council discussion, St. Paul Companies requests their application be withdrawn. I Mayor Probst asked if a statement at the meeting to withdraw the application is sufficient, or is a letter from the applicant required, Jerry Filla, City Attorney, stated that a statement at the meeting is sufficient. Mayor Probst suggested a cooperative effort be made with Shannon I Square to devise an architecturally unified complex. B. I-35W Corridor Coalition Joint Powers Agreement I Mr. Fritsinger advised the Council is asked to approve entering into a Joint Powers Agreement (JP A) with neighboring communities as part of the North Metro I-35W Corridor Coalition. He I noted the Council previously adopted a resolution which supported the cooperative participation in the North Metro I-35W Corridor Coalition. The initial issues addressed were the need for I marketing and development of the corridor cities related to transportation, housing, polluted site clean up, infrastructure improvements, GIS, funding opportunities, and commercial/industrial development. Now, based on the direction given by the Steering Committee, staff was Ie encouraged to investigate and recommend a method of formalizing the organizational structure of the Coalition. The JPA under consideration will formalize the structure of the Coalition, including the hiring of Strauss Management to act as the administrator. I Mayor Probst stated the Council is aware of discussions he and Mr. Fritsinger have held with area municipalities with regard to this topic and urged the Council's favorable consideration. I Councilmember Malone agreed and noted the reference to Circle Pines. Mr. Fritsinger explained that Circle Pines originally did not participate in the Liveable Communities Program but, I subsequently, have joined as a participant. Councilmember Malone thanked staff for this clarification and explained his concern whether grant qualification would be impacted if Circle I Pines were included and not participating in the Liveable Communities Act. MOTION: Hicks moved and Aplikowski seconded a motion to authorize entering into a Joint I Powers Agreement for the North Metro I-35W Corridor Coalition, and authorize the Mayor and Administrator to execute all related documents. The motion carried unanimously (5-0). I C. South Water Tower, Second Inspection Reqnest I Mr. Fritsinger advised the City has received the inspection report from Pittsburg Tank and Tower for the south water tower. Due to the high cost of the items recommended for correction, Mr. .. Stafford recommends the City Engineer review the report and comment regarding the urgency for completing these items. I I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25. 1996 7 .. Dwayne Stafford, Public Works Superintendent, stated while the work appears necessary, the cost seems high. He recommended MSA be authorized to conduct a preliminary inspection of I the tank and present their findings. Councilmember Malone expressed his concern that this water tower is only eight years old but is I showing signs of rust and the paint is peeling. He asked ifthe specifications related to ladders has changed since the tower was constructed in 1988. Mr. Stafford stated Don Johnston of Pittsburg Tank and Tower has indicated the codes have changed since construction, however, he I is concerned about the validity of the report and is requesting a second opinion. Councilmember Malone stated he is also concerned the walkway has no safety railing. Mr. Stafford concurred and inquired regarding the need for the walkway. I MOTION: Hicks moved and Keirn seconded a motion to authorize staff to request the City Engineer review the South Water Tower inspection report and submit I recommendations regarding the urgency for completing these items. The motion carried unanimously (5-0). I D. Community Survey Ie Mr. Fritsinger requested Council input regarding the timing of the survey and whether or not it should be completed in December or in 1997 after the holidays. He advised the changes requested by Council are almost completed and Decision Resources believes they can complete I interviews by December 19. Mayor Probst stated he is interested in remaining on track so the town hall meeting can be held I in January. Mr. Fritsinger noted it will take about six weeks from completion of the survey to receiving survey tabulations, I Councilmember Aplikowski asked how many questions will be on the survey. Mr. Fritsinger estimated between 100 and 125 questions. Councilmember Aplikowski stated given the I comment about receiving positive feed back from citizens during the holiday season, she withdraws her opposition about conducting the survey during December. I Mayor Probst asked if the Council would like the opportunity for another review ofthe survey questions prior to interviews. I Councilmember Keirn stated she supports review of the questions by at least two Councilmembers. I Councilmember Malone stated staffis aware of the questions which Council would like revised so he is comfortable it is under control and can proceed. Councilmember Hicks concurred. .. Mayor Probst stated he will participate in the review with Councilmember Keirn. I I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25. 1996 8 .. E. Discuss Lambros Ditch I Mr. Fritsinger reviewed the issues involved with the Lambros ditch at 3213 Ridgewood Road. He explained that Arden Hills took action in the early 1970's with several other communities regarding this ditch which contains an easement to the City to allow water to drain through this I property. The easement was to be conveyed to Ramsey County who was to undertake all maintenance and upgrading of the easement. However, it was not conveyed to Ramsey County so they have indicated an unwillingness to make improvements to the ditch. I Mr. Fritsinger advised that Mr. Lambros has approached the City for its assistance so the City Attorney reviewed the issue and contacted the County's attorney regarding options. I Mr. Fritsinger inquired regarding the court process which will result. Mr. Filla advised both parties have made summary judgements to get the issue before the court and will ask the judge to I determine whether or not Ramsey County has to undertake this easement. He advised there is some question regarding jurisdiction and/or responsibility by the Rice Creek Watershed District. I Mr. Filla reviewed that the easement does not follow the center of the ditch and the drainage way is beyond the actual easement. If the motion is denied by the judge, it will be set for trial. Mr. Filla stated the City would not be part of that action. Ie MOTION: Hicks moved and Malone seconded a motion to direct the City Administrator to notifY the Ramsey County Attorney that Arden I-Iills continues to be willing to I assign its interest over all or a portion ofthe Lambros ditch to Ramsey County; to direct the City Attorney to prepare the appropriate document; to authorize the Mayor and City Administrator to sign such document; and to direct the City I Administrator to forward such documents to the appropriate Ramsey County official. The motion carried unanimously (5-0). I ADMINISTRATOR COMMENTS I Mr. Fritsinger advised of the December 12, 1996 public hearing meeting to be held by Ramsey County to discuss Lexington Avenue improvements. He stated staff will be in attendance at that meeting. Mayor Probst asked the City Administrator to contact Ramsey County with a request to I provide City staff with the copies of the information that will be presented at that meeting. Mr. Fritsinger stated staff has confirmed the Holiday Inn is not available for the town hall I meeting, but the Bethel Great Hall and Valentine Hills has space available for a cost. Consensus was reached to direct staff to reserve space at Valentine Hills and to determine whether a speaker and/or microphone system is needed. I Councilmember Aplikowski asked if the speaker system or audio presentation equipment would .. be available at the Bethel Great Hall. Mr. Fritsinger stated he has not researched that feature. Councilmember Aplikowski stated she supports using Bethel College if the sound equipment is in place. I I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25. 1996 9 .. Mr. Fritsinger reported staff has received feedback from the bus company regarding the Oak A venue cul-de-sac and the difficulty for traffic movement caused by the middle island. He I advised staff will research options and work with the bus company and residents of this area. He displayed pictures of the road alignment as proposed and as constructed. It was noted that buses are currently turning around in resident's driveways. I Mr. Stafford stated the bus company is concerned about property damage liability. He reviewed tuming movements currently being made by busses. I Mr. Fritsinger noted as a result of neighborhood input, the design of this cul-de-sac is not of a standard design and recommended the historical design standards used by the City be kept in I mind during upcoming public hearings. Mr. Stafford reviewed his conversation with a bus supervisor and their preference to require I students to walk to Lake Johanna Blvd. which would eliminate the need for busses to navigate the cul-de-sac. I Councilmember Malone noted at the time of plan preparation, the project engineer did advise the City that the size of this cul-de-sac would not work. Ie Councilmember Keirn stated if the roadway needs to be modified, she would support full assessment of those costs to benefiting properties. I COUNCIL COMMENTS I Councilmember Keirn reminded the Council tlIat she will not be able to attend the December 5, 1996, Truth in Taxation meeting. I Councilmember Malone reviewed a newspaper article indicating that St. Paul Book & Stationery is in the process of being sold and noted the Packaging Store business is gone. He recommended staff assure that the person hired to design the SCADA (Supervisory Control and Data I Acquisition) have adequate qualifications. Mr. Stafford stated staff is just researching options. I Mayor Probst extended his appreciation to statf for the department head reports. He noted reference to the Outlot platted in the 0 'Meara development and stated his belief that when the development was approved, the Outlot was to be dedicated. Mayor Probst took exception to Mr. I O'Meara's position of now being willing to convey the property to the City by Quit Claim Deed but being unwilling to pay for any costs associated with conveyance and recording (approximately $300). I .. I I I ARDEN HILLS CITY COUNCIL - NOVEMBER 25. 1996 10 lit Mr. Filla advised the Council regarding his review of the documentation and connection between this and the Arden Plaza property. The developer dedicated land to the City as part of the Arden I Plaza project and the agreements said it was to satisfy that obligation. When the City got around to looking at the O'Meara development, it may have felt it could not legally require dedication of the Outlot. I Mayor Probst reviewed issues addressed during consideration ofthe O'Meara development and stated he is confident the trail connections were anticipated to be part of the program. I Councilmember Hicks suggested if back taxes are owing, the City shouid let the property sit. Since it is not developable, the City will end up with the property following tax forfeiture. It was I noted that the trail access easement is needed now. - Mayor Probst expressed his concern that the St. Paul Water Board scheduled a public hearing on . an afternoon one day before a holiday. He stated they must not be very interested in obtaining resident's input. Mayor Probst suggested staff write a letter of protest to the St. Paul Water . Board on how they handled this matter. Council agreed. Mayor Probst updated the Council regarding the periodic TCAAP mailing and complimented Ie them on the new format which is easier to understand. Mayor Probst reported on the Healthy Youth Coalition meeting which he attended. He stated . this is an important issue to deal with but not one easily addressed. He stated he will continue to participate with this Coalition and thanked staff person, Tracy Petersen, for her participation. . ADJOURN MOTION: Malone moved and Hicks seconded a motion to adjourn the meeting at 9:27 p.m. . The mot' n carried unanimously (5-0). . Rri6€!~ . City Administrator . NOTICE OF MEETINGS . The next regular City Council meeting will be held December 9, 1996, at 7:30 p.m. at New Brighton City Hall. .. I