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HomeMy WebLinkAbout07-30-07-R Approved: September 10, 2007 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 30, 2007; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead, Councilmembers David Grant, Brenda Holden, David McClung, and Fran Holmes. Absent: None. Also present were City Attorney, Jerry Filla; Public Works Director, Gregory Hoag; Finance Director, Susan Iverson; Community Development Director, Karen Barton; City Planner, James Lehnhoff; Parks and Recreation Manager, Michelle Olson; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Councilmember Holden requested item 4h be pulled from the Consent Calendar and be added under item 5. Councilmember McClnng requested item 4g be pulled from the Consent Calendar and be added under item 5. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. ARDEN HILLS CITY COUNCIL - JULY 30, 2007 2 3. APPROVAL OF MINUTES A. June 11,2007 Regular City Council B. June 18,2007 City Council Work Session C. June 25, 2007 Regular City Council D. July 16, 2007 City Council Work Session Councilmember Holden requested the following changes: June 11, 2007 Regular City Council Meeting under 9C on Page 9, line 2, add "Holiday Inn" in front of "staff had been told. . ." MOTION: Councihnember Holden moved and Councilmember McClung seconded a motion to approve the June 11, 2007 City Council Meeting Minutes as amended; the June 18, 2007 City Council Work Session Minutes as presented; and the June 25, 2007 City Council Meeting Minutes as presented; and the July 16, 2007 Council Work Session Minutes as presented. The motion carried unanimously (5-0). 4. CONSENT CALENDAR a. Claims and Payroll b. Motion to Approve Planning Case 07-006 for a Conditional Use Permit at 3631 North Pascal Avenue Based on the Findings of Fact and the Submitted Plans as Amended by the nine Conditions in the July 30, 2007, Planning Commission Report c. Motion to Approve Planning Case 07-017 for a Site Plan Review at 3930 Northwoods Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Two Conditions in the July 30, 2007 Planning Case Report d. Motion to Approve Final Payment of $11,550 to MMKR for 2006 Auditing Services e. Motion to Approve the City of Arden Hills Investment Policy as Recommended by the Financial Planning and Analysis Committee (FP AC) f. Motion to Approve the Payment to Independent School District #621 in the Amount of $8,750 to Support Reconstruction of the Mounds View High School Tennis Courts g. Motion to },uthorize Staff to Retain the Services of T.}.. Scltifsky and Sons, Inc. to Complete Modifications to the Siems Court/Lake Johanna Boukiard IntefGection in the ",\mount 0[$5,723 h. Motion to },pprove Resolution 07 6~, .'\uthorizing a Grant Request to and EllCcution of Grant .^.greemcnt with the Metropolitan Council for a $20,000 Planning .'\ssistance Grant associated ',vith the City's Comprehensive Plan Update 1. Motion to Authorize $7,518.54 to Jeffrey W. Coleman, for Legal Services J. Motion to Approve Resolution 07-63, Designating an Additional Brokerage Firm for Investment Purposes ARDEN HILLS CITY COUNCIL - JULY 30, 2007 3 MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS 4g. Motion to Authorize Staff to Retain the Services of T.A. Schifskv and Sons, Inc. to Complete Modifications to the Siems CourtlLake Johanna Boulevard Intersection in the Amount of $5,723 Mr. Hoag summarized the request. He requested Council approve the contractor to do the modifications to the Siems Court/Lake Johanna Boulevard Intersection in the amount of $5,723.00. MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to approve authorize staff to retain the services of T.A. Schifsky and Sons, Inc. to complete modifications to the Siems Court/Lake Johanna Boulevard Intersection in the Amount of $5,723. Councilmember McClung stated he would not be voting in favor of this because he believed they had a perfectly functional street. The motion carried (4-1) Councilmember McClung opposed. 4h. Motion to Approve Resolntion 07-64, Authorizine: a Grant Request to and Execution of Grant Ae:reement with the Metropolitan Council for a $20,000 Plannine: Assistance Grant associated with the City's Comprehensive Plan Update Ms. Barton summarized the request. She recommended Council approve the resolution authorizing the grant request. Councilmember McClung asked if staff had reviewed what the Metropolitan Council had for the City's population numbers in the system statement because they are not accurate. Ms. Barton responded that the system statement has been reviewed, and staff is working with the Metropolitan Council to reduce the 2030 population numbers. Councilmember McClung requested a copy of the information received and given to the Metropolitan Council regarding this issue. He asked in terms of "strings", if the requirements of the grant for the most part were things they were going to do already and on a timeline they had already established. Ms. Barton responded that was correct. Councilmember McClung asked if this was tying their hands in any way or dictates what they needed to include. Ms. Barton responded it did not, but they were going to have to comply with the handbook. ARDEN HILLS CITY COUNCIL - JULY 30, 2007 4 Councilmember Grant stated he had an issue with being asked to conform and comply with content requirements of system plans that the City Council was not aware of. He stated he was concerned some of the plans could cost them more than they were getting in the grant. MOTION: Mayor Harpstead moved and Councilmember Holmes seconded a motion to approve Resolution 07-64, Authorizing a Grant Request to and Execution of Grant Agreement with the Metropolitan Council for a $20,000 Planning Assistance Grant associated with the City's Comprehensive Plan Update. Mr. Filla stated he had reviewed the agreement and it did not require them to do anything they were not required to do anyway. Councilmember Holden stated she was worried about the "hooks" that were in this. Mayor Harpstead responded he did not believe they would be required to do anything they did not want to do. Councilmember Grant asked if there was any requirement to meet the livable communities directive. Ms. Barton responded there was not. The motion failed (2-3) Councilmembers Grant, Holden, and McClung opposed. 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Motion to Approve Plannine: Case 07-015 for a Preliminary Plat for Christensen Estates Based on the Findine:s of Fact and the Submitted Plans as Amended by the Ten Conditions in the July 30, 2007, Plannine: Case Report Mr. Lehnhoff stated the applicant was requesting a Preliminary Plat to subdivide a 4.3 acre property into four new conforming lots in the plat of Christensen Estates. He reviewed his analysis and noted the Planning Commission recommended approval of the Preliminary Plat based on the findings of fact and the submitted plans as amended by ten conditions. He recommended Council approve the request with the ten conditions as noted in staffs July 30, 2007 report. Councilmember McClung asked if there was any other avenue they could take that would achieve the same goal as preserving the trees as proposed condition number ten. Mr. Lehnhoff responded that there is nothing in the subdivision ordinance to enforce that condition, though the applicant indicated that there would not be any grading or tree removal prior to construction on the lots. ARDEN HILLS CITY COUNCIL - JULY 30, 2007 5 Councilmember McClung stated he had a concern about the removal of the buffer and then not being able to sell the lots on a timely basis. Councilmember Holden stated that tree protection for noise buffering was very important to the neighborhood. She noted other lots that have not been developed in a timely manner but were prepared for development. She asked if the Rice Creek Watershed had finished reviewing this. Mr. Jonathan Faraci, surveyor and engineer, stated they had gone through the Rice Creek Watershed District process and had received approval subject to a few conditions. Councilmember Holden asked what the conditions are. Mr. Faraci stated he did not have the conditions before him, but they were minor. He stated they include a bond. Mayor Harpstead asked if the proposed fill had been approved by Rice Creek Watershed. Mr. Faraci stated that the fill was approved. He stated that Rice Creek reviewed the same plans that are before the City Council. He stated Rice Creek wanted them to mass grade the lots, but the property owner wants to custom grade each lot as it is developed. Councilmember Holden asked Mr. Faraci if he had any issued with condition ten. Mr. Faraci stated the owner did not have any problems with that condition; however, Rice Creek will require some grading on other lots for stormwater management when the first house is built. He explains that when lot 1 is developed, an overflow swale will be required between lots 1 and 2 along with infiltration ponds. Councilmember Holden states that a previous PMP used this area for stormwater. Mayor Harpstead if there was any way to reduce the noise from the highway once the trees were removed. Mr. Faraci stated that few trees would be removed from lots 1 and 2. He stated the property owner would have no control as to which trees were taken out and which were not once the lots were sold to other owners, though they would have to follow Rice Creek rules. He also stated most people don't want to take trees down, and they are trying to minimize tree removal. He stated the area for tree removal is very small compared to the size of the lots. He believed the homes would be blocking any noise and he believed they were minimizing the impact as much as they could be. Mayor Harpstead asks about the setbacks in this area. Mr. Lehnhoff explains the required setbacks. It is possible to meet the setback requirements without any variances. Councilmember McClung thanks Mr. Faraci for his presentation. He stated that sound could be looked at two ways including the marketability of the lots and the homes being that closes to Highway 51. Stated he cannot fathom anyone wanting to purchase these properties. He states that we are trying to be sensitive to the neighbors but also if there is anything we can do to minimize the traffic sound. Mr. Faraci stated that he does not have any other ideas. ARDEN HILLS CITY COUNCIL - JULY 30, 2007 6 Mayor Harpstead asked if there was any room for berms or grading near the road. Mr. Faraci responded there was wetland up against the road and there would be no room for berms. He stated they have reviewed this with Rice Creek Watershed to get the wetland delineations right, which took about eight months. He noted there were plenty of trees between the vacant spot and where they were proposing to take trees out. Councilmember Grant stated that the applicant takes on the risk that the lots can be sold. He stated that based on information from Ramsey County, it takes at least 50 feet of vegetation to block sound. He asked on lots 3 and 4 how much thick vegetation would be left. Mr. Faraci responded there was a 40 foot setback from the road, so no home would be built in that area and trees would probably not be removed, but he could not guarantee that a future homeowner would not remove any trees. Councilmember Grant reviews the design of lots 1 and 2 that the house has a limited number of possible locations. He asked if there is some way to increase the noise buffering with trees. He states that we do have to put some faith in the applicant that they will want distance from the homes to the highway be the largest possible. Mayor Harpstead stated that the future residents on these lots will come to the City with concerns about noise. Councilmember McClung states that those residents will review the minutes from these meetings and see that this issue was addressed. Councilmember Holden asks if there will be any construction on this part of Snelling that will widen it. Mr. Hoag states that there are no planned improvements in this area from Ramsey County. MOTION: Councihnember Holden moved and Councilmember Holmes seconded a motion to approve Planning Case 07-015 for a Preliminary Plat of Christensen Estates based on the Findings of Fact and the Submitted Plans as Amended by the Ten Conditions in the July 30, 2007, Planning Case Report. Councilmember Holden stated she was concerned about the existing neighborhood and that was the reason she wanted to keep the ten conditions. States she understands the condition may not be enforceable, but she appreciates the good faith effort. Councilmember Grant states he agrees with condition ten. He was also concerned about the noise and he did not want the area to be disturbed until a home was ready to be built, at which point grading would be needed. Councilmember McClung stated he agrees with Councihnember Holden and Grant. He stated he wants future residents to know that the Council was concerned about the noise to both the neighborhood as well as to their homes and the City could do little once the homes were built to mitigate the noise. ARDEN HILLS CITY COUNCIL - JULY 30, 2007 7 Councilmember Harpstead asked if it would be possible to use some of the park dedication fees to do noise reduction. City Attorney Filla stated that State Statutes limit what park dedication fees can be used for, and this would not qualify. The motion carried unanimously (5-0). Councilmember Holden requested staff document somewhere Council's concerns with the nOIse Issues. Mr. Thomas Lynch, 3220 Hamline Avenue South, stated he has lived in his area for 42 years. He expressed concern about the loss of the trees on the lots and the noise generated by the highway. He questions what the 1980 Comprehensive Plan said about this property. Expresses concern for the homes that will be built on the proposed lots due to the proximity of the highway. Mayor Harpstead stated that the 1998 Comprehensive Plan is available, which supersedes the 1980 Comprehensive Plan. Councilmember Holden stated the applicant is meeting all of the requirements of the Code. States that the City had no legal basis to tell the applicant he could not subdivide and legally everything was in order and they could not turn this down. B. Motion to Approve Plannine: Case 06-040 for a Final PUD of Phase 1 and 2 of the Traverse Business Center Based on a Findine: that the Submitted Plans are in Substantial Conformance with the Master PUD Subiect to the Twenty-three Conditions in the July 30, 2007 Plannine: Case Report Mr. Lehnhoff stated the applicants were requesting a Final PUD of Phase I and 2 of the Traverse Business Center based on the findings that the submitted plans are in substantial conformance with the Master PUD subject to the twenty-three conditions in the July 30, 2007 Planning Case Report. He reviewed his analysis, the proposed plan, the design standards, the landscaping requirements, and the sign plan request. Councilmember McClung notes that most of the signs on the comparable locations did not have monument signs viewable from the roadway. Councilmember Grant states that in this particular case that the building needs to be identified because the entrance is not logically next to the building. States that a monument sign on Highway 96 is necessary for getting to the building. Asks if the building will have multiple tenants with an anchor tenant? Mr. Lehnhoff states that question can be directed to the applicant. Reviews the lighting plan requirements and notes that the City can request an updated EA W or traffic study. Staff has not requested an updated study at this time because the proposed project from 2001 has not changed, ARDEN HILLS CITY COUNCIL - JULY 30, 2007 8 which means the impact would be the same. He stated that he spoke with Ramsey County, and they were not anticipating any problems with the intersection. The primary potential benefit from an updated traffic study would be to determine level of service and the change in background traffic. He stated the Plamring Commission recommended approval based on the 23 conditions. Councilmember McClung stated he was concerned about Round Lake Boulevard and adding this development here. He asked when Round Lake Boulevard would be improved for this type of development. Mr. Hoag responded this project was noted in the CIP, but it is unassigned. Councilmember McClung believed they needed to look at the unassigned status and get this on the CIP. Councilmember Grant reviewed his history with the project proposal. He expressed thanks for finally getting the plans and persevering. He asked if this property was in or outside of the TIP district. Staci K vilvang notes that the property is within the TIP district. Councilmember Grant states that the signs are large. He asked if they were anticipating getting a huge anchor tenant to occupy a building or both buildings. Dennis Mulvey, Chesapeake Companies, stated they would like to find one tenant to take all of the space, but that was unlikely. He noted they were trying to accommodate the market right now and that was the reason they had redesigned the buildings and site plan. He stated they needed to plan for the possibility of multiple tenants in the buildings and that was the reason they needed a sign to show the multiple tenants. He stated they also wanted to reduce impacts on wetlands. He noted the sign would only have businesses on their sign that had a business in their building( s). Councilmember Grant asked if the main wall sign would be for the anchor tenant. Mr. Mulvey indicated that it probably would be. Councilmember Holmes express some concern about the monument sign at Round Lake Road and confusion for people visiting the other businesses. Asks if the other businesses would be on that monument sign. Mr. Mulvey states that the sign will just be for their property. Councilmember Holden asked about the size of the proposed monument signs. Mr. Malvi reviewed the proposed sign plan, sizes, and locations. Mr, Lehnhoff reviews the height of the proposed sign for the Round Lake Road/Highway 96 intersection. Councilmember Holden inquired about the parking and was concerned the City was requiring too much asphalt. Mr. Mulvey responded they would like to build what was required and show ARDEN HILLS CITY CQUNCIL - JULY 30, 2007 9 proof of parking which would be added in the future if the uses were changed. He stated that there is a lot of parking but there is also a lot of green space. He noted they did not want to build more parking than what was required either. He offers to reduce the parking but allow for additional parking if needed. Councilmember Holden stated she has heard a lot of complaints from people about the difficulty of getting out onto Highway 96 from Round Lake Boulevard. Mr. Lehnhoff responded the County was not concerned that the proposed use would not significantly worsen the situation. He suggested a condition that would provide flexibility that would allow proof of parking so they were not required to go through the entire process to reduce the parking. Councilmember Holden inquired about the lighting on the signs. Mr. Mulvey responded their intention was that the signs would be backlit. He noted the signage made up less than one percent of the building area. Mayor Harpstead asks about the construction timeline. Mr. Mulvey expects a completion date of phase 1 by 2010 or 2011. Phase 2 would be completed after that time unless a tenant is found earlier. Councilmember Grant asked what the approximate value of the three buildings would be. Mr. Mulvey responded between 75 - 85 million dollars according to Mr. McClure from Chesapeake Companies. Councilmember Grant noted this particular TIP district was a pre-1989 district. He stated using TIP funds could be used outside of the district, but asks ifit could be extended beyond 2015. Staci Kvilvang states that it cannot be extended. Councilmember Grant stated the City wanted brick, stone, and glass for the building. Asks about the materials and architecture. Mr. Mulvey reviews the architecture and building materials. It will be a combination of glass and stone-like pre-cast at the base. He reviews the glass types but stated mirror glass will not be used. Councilmember McClung states concern about how the other buildings will impact this site and notes that some of the other buildings in the area do not have the same quality. He asked them to advertise their building as being in Arden Hills, Minnesota and not St. Paul, Minnesota. He agreed they needed additional signage on the building, but wanted an amendment to cut back on the signage on 694/35W to 55 feet. Councilmember Holmes stated she was concerned about the Highway 96 sign because she did not believe it was fair to the other tenants if they did not somehow give them the opportunity to add to those signs. Mr. Lehnhoff responded this was not a topic that had come up and those businesses had been given public notice. ARDEN HILLS CITY COUNCIL - JULY 30, 2007 10 Councilmember Holmes asked if there had been a traffic study on the bridge where people would be turning out onto 35W. Mr. Lehnhoff stated he had spoken with the County about this, but they had no comments regarding this. He noted this would require a multi-governmental study since it is MnDOT, Ramsey County, and New Brighton. He stated the County indicated any improvements needed there could probably not be entirely put on the Traverse Business Center. Councilmember Grant discusses the trail around Round Lake. States that the street lighting by the Holiday Stationstore should be updated. He indicated it was a dark area of road. He states that there may be an option of using the TIP district to pay for projects outside of the TIP district so that future money could be used to come back and use it to upgrade Round Lake Road. MOTION: Councihnember Grant moved and Councihnember Holden seconded a motion to approve Planning Case 06-040 for a Final PUD of Phase 1 and 2 of the Traverse Business Center based on a finding that the submitted plans are in substantial conformance with the Master PUD subject to the twenty-three conditions in the July 30,2007 Planning Case Report. Councilmember Holden stated she wanted to add recommendation 24 to state for flexibility to allow for less parking subject to demonstration of proof of parking potential. MOTION: Councilmember Holden moved and Mayor Harpstead seconded a motion to add a condition 24 to state: flexibility to allow for less parking subj ect to demonstration of proof of parking potential. The motion to amend the condition carried unanimously (5-0). MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to amend condition 18 to strike 70 square feet and insert 55 square feet. Councilmember Grant stated he believed 55 square feet was too small considering how fast traffic was passing by. He noted the sign essentially directed people to the smaller tenants, which was important. Mayor Harpstead stated he was not in favor of the amendment for the reasons stated by Councihnember Grant. Mr. Mulvey reviews the Clear Channel easements that limits building locations and Sign locations. The motion to amend failed (2-3) Councilmembers Grant, Holmes, and Mayor Harpstead opposed. ARDEN HILLS CITY COUNCIL - JULY 30, 2007 11 MOTION: Councilmember McClung moved and Councilmember Holmes seconded adding a condition 25 to read: Require an update to the traffic study. Mr. Lehnhoff stated if this amendment passed, he recommended this be tabled to address the traffic study prior to approving the development. He stated if they did not want to table this, they could approve it, but in the event there is some major item that needs to be discussed this would be brought back to Council. Councilmember Holmes notes that changes to the light might be needed. States she is more concerned about the traffic flow at 35W and the entrance/exit ramps. States that stop signs may be needed. Councilmember Grant noted the intersection of 96 and Round Lake Road would be impacted by TCAAP and the northwest quadrant in New Brighton and he was not sure how those would be factored into a traffic study. He noted they had received Ramsey County advice that it was not needed, so he was not sure it should be a requirement. He noted if there was a problem, the answer was to run Round Lake Road all of the way through back to Highway 10, which would make two exits and it would divert traffic from the one intersection. Councilmember McClung believed this would help influence them in the future and to make incremental changes as things got worse once the site came on board. Mr. Mulvey stated they might possibly contribute to a traffic study, but they did not feel this particular project should be burdened by a new traffic study. Councilmember McClung stated once Ramsey County said they did not need a traffic study that convinced him they needed one even more. Mr. Mulvey stated the 96 intersection had not changed based on the 2001 study. He suggested they would be willing to contribute $5,000 to a future traffic study. He stated he did not want the approval of this proposal to be held up for the traffic study. Councilmember McClung withdrew his amendment. Councilmember Holmes withdrew her second. Mr, Lehnhoff corrected condition number 19 by adding "96" after the word "Highway" in the second line. The motion carried (4-1) Councilmember McClung opposed. C. Motion to Award the 2007 Crackine: Seal and Seal Coat Proiect Mr. Hoag stated the 2007 Crack Sealing and Seal Cost Project consists of roads which were identified in the 2007-2011 five-year Capital Improvement Plan for Pavement Management. Bids were solicited during June and July with Pearson Bros., Inc. having the lowest bid of ARDEN HILLS CITY COUNCIL - JULY 30, 2007 12 $74,036.50. He recommended Council award the 2007 Crack Sealing and Seal Coat Project to Pearson Bros., Inc. with the addition of Perry Park parking lot, in the amount of $78,496.50. MOTION: Councilmember Holden moved and Mayor Harpstead seconded a motion to award the 2007 Crack Seal Coat Project to Pearson Bros., Inc. with the addition of the Perry Park parking lot, in the amount not to exceed $78,496.50 and to authorize staff to execute all necessary documents. The motion carried unanimously (5-0). D. Motion to Authorize JMS Communications to Prepare a Communications Plan for the City of Arden Hills, for the amount of $4,500, as Administered throue:h the City's Ae:reement with Ehlers & Associates Ms. Stacy Kvilvang, Ehlers & Associates summarized the proposal. She recommended Council authorize JMS Communications to prepare a Communications Plan in the amount of $4,500.00 administered through the City's agreement with Ehlers & Associates. Councilmember McClung stated he believed this was a fantastic idea. Councilmember Holmes stated she agreed they needed a Communications Plan, but she was disappointed in the plans that were presented. She asked if they should be looking at a competitive bid or look to someone who was in the community and knew what they were looking for. Councilmember Grant recommended the Communications Committee work with the individual to ensure the right information was obtained. Councilmember Holmes stated the samples provided were too simplistic. Ms. Kvilvang stated these questions were just the basis and the questions would be more in depth. Councilmember Holden stated because Councilmember Holmes was the Council liaison to the Communications Committee she recommended Councihnember Holmes speak with the people preparing the plan. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to table this to the next Council meeting. Mayor Harpstead recommended this be referred to the Commnnications Committee. Councilmember Holden stated she did not believe two weeks would give the Communications Committee enough time to look at this thoroughly. The motion carried (3-2) Councihnembers Grant and McClung opposed. 8. UNFINISHED BUSINESS ARDEN HILLS CITY COUNCIL - JULY 30, 2007 13 A. TCAAP Ms. Barton updated on the Council on recent TCAAP developments. 9. COUNCIL REQUESTS A. Councilmember Holden asked for a future work session discussion regarding utilizing the fire department facilities. She asked for Council direction regarding Planning Commission protocol. Councilmember Holmes recommended the Commissioners go through in-house training sessions. Regular City C<:.uncil meeting at 10:12 Michelle Wolfe City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, August 13, 2007 at 7:00 p.m. at the Arden Hills Council Chambers.