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HomeMy WebLinkAbout11-15-10 - Special EN HILLS Approved: December 13, 2010 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING - NOVEMBER 15,2010 7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS 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, Council Members Fran Holmes, Brenda Holden, _ David Grant, and David McClung. Absent: None Also present: City Administrator Patrick Klaers; Finance Director Susan Iverson; Community Development Director Jill Hutmacher; Public Works Director Terry Maurer; City Planner Meagan Beekman; Parks and Recreation Manager Michelle Olson; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA - Councilmember Holmes requested Item 4C be pulled from the Consent Calendar. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Approve the A enda as amended. The motion carried unanimously 5-0 . 2. PUBLIC INQUIRIESANFORMATIONAL A. TCAAP Reuse and Public Sale Update Community Development Director Jill Hutmacher stated a conference call was held with Kevin Legare, of the General Service Administration (GSA), on November 10. The Land Use Control Remedial Design (LUCRD) document has been finalized and approved by the Minnesota Pollution Control Agency and EPA. Work continues on the Invitation for Bid (IFB). According to Mr. Legare, the Army and MPCA are currently negotiating an environmental covenant that will be incorporated into the IFB and allow the MPCA to enforce environmental cleanup. Because this document is still being negotiated, the IFB is not anticipated to be released prior to ARDEN HILLS CITY COUNCIL—November 15, 2010 2 2.A. TCAAP Reuse and Public Sale Update (continued) period previously discussed and should allow private developers more time to evaluate the 11713 - and the property. Ramsey County has begun the Voluntary Investigation and Cleanup (VIC) _ program with the Minnesota Pollution Control Agency on the parcels of land to be transferred to the County. It is anticipated that the process will take approximately 12 months. Councilmember Holden asked how long it took to do characterization of the property. If the GSA is planning the auction in April and the ground does not thaw until then there will not be enough time for potential bidders to do land characterization. Community Development Director Hutmachcr stated the timeframe for the bidding may be pushed back. The issue with the ground freezing has been explained to the GSA and they are aware of this. Councilmember Grant asked if Mike Comodeca had been informed about the delays. Community Development Director Hutmacher stated Mr. Comodeca has been kept up to date with the project. She also stated there had been a Staff tour of the property today in order to acquaint new Staff members to the property. There will be another tour scheduled at a later date for the new Council Members. Mayor Harpstead asked if the bid was anticipated to be an open or closed bid. City Planner Beekman stated they are planning on a sealed bid at this time. PUBLIC INQUIRIES Mayor Harpstead opened the Public Inquiries/Informational at 7:09 p.m. - Mayor Harpstead closed the Public Inquiries/Informational at 7:10 p.m. 3. APPROVAL OF MINUTES A. October 11, 2010, City Council Worksession Meeting Mayor Harpstead stated on page 3, the first paragraph, the first sentence should be "Mayor Harpstead stated it would be important for the City to look into the regional connections." Mayor Harpstead stated on page 10, the fifth paragraph, the second sentence should read "The Council has given direction to Staff to spread out the completion of full build projects based on PCI priority. This means that larger projects will be intertwined with mill and overlay projects." B. October 11, 2010, Regular City Council Meeting Councilmember Holden requested on page 3, the eighth paragraph, the name "Karen Hoider" be changed to "Ken Haider". ARDEN HILLS CITY COUNCIL—November 15, 2010 3 3. Approval of Minutes (continued) C. November 10,2010 Special City Council Meeting - MOTION: CounciImember Holden moved and Mayor Har stead seconded a motion to approve the October 11, 20103 City Council Worksession Meeting minutes as amended, the October 11, 2010, Regular City Council Meeting minutes_as - amended, and the November 10, 2010, Special City Council Meeting minutes as presented. The motion carried unanimously(5-0). 4. CONSENT CALENDAR A. Approve Claims and Payroll B. Approve the Purchase of a Used Generator and Associated Equipment for Lift Station#8 With the Total Price Not to Exceed$43,000 D. Approve Resolution Receiving the Feasibility Report and Ordering the Public =_ Hearing for Improvement for the 2011 Pavement Management Program E. Approve Resolution 2010-057: Ordering Abatement at 3223 Lake Johanna Blvd. for a Public Nuisance Tree F. Approve Payment# 1 - Lexington Avenue Sidewalk and Trail Project G. Approval to Redeem and Prepay Revenue Bonds Issued by the City of Arden Hills (Conduit Debt Presbyterian Homes, Resolution 2010-060) H. Approve Resolution 2010-061: Giving Final Approval to the Proposed Issuance of Revenue Notes for Northwestern College I. Accept Joe Rueb's Resignation and Authorization to Fill Accounting Analyst Position MOTION: Councilmember Grant moved and Manor Har stead seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimous) 5- 5. PULLED CONSENT ITEMS 4C. Approve Parks Maintenance Management Plan Parks and Recreation Manager Michclle Olson stated at the May 17, 2010 Council Work Session, the City Council reviewed a draft version of the Parks Maintenance Management Plan. Staff researched various park maintenance standards and created a Parks Maintenance Management Plan that includes a four level system designed for identifying and/or prescribing specific levels of cultural treatments to turf and grounds to achieve designed goals based upon the use of each park, public visibility and aesthetic considerations. Each level lays out a recommended maintenance plan that is designed to act as a guide to help with the upkeep and maintenance of each level of park. This plan is designed to help Staff maintain each park at the level that is most appropriate for its general day-to-day use. The playground equipment and hard surface replacement schedules are also included in the plan. Staff incorporated all the comments ARDEN HILLS CITY COUNCIL—November 15, 2010 4 5. Pulled Consent Item—4C. Approve Parks Maintenance Management Plan (continued) and suggestions from City Council and Parks, Trails and Recreation Committee (PTRC) reviews.The areas that were added are: recycling, sign maintenance, playground mulch, pond, sediment basins and MS4 (Municipal Separate Storm Sewer System) outfall inspection and cleanup. Councilmember Holmes stated at the work session, Mayor Harpstead had requested the cost - impacts of this plan be included. She stated the plan was too general and ambiguous overall. Parks and Recreation Manager Olson stated cost impacts would be minimal because Staff is currently doing these things. This plan is laid out so that Staff may streamline their efforts and be more efficient. Councilmember Holmes stated the plan is too general and does not address the specifics of the parks maintenance and schedule for maintenance. Parks and Recreation Manager Olson stated the plan is designed to lay out the items that need to be done in each park so that Staff may better utilize their time in the parks and be more efficient with their duties. Councilmember Holden stated Staff is doing the majority of the items outlined. The intent is to provide documentation for Staff and this documentation will be maintained. She asked what the plan includes that Staff is not currently doing. Parks and Recreation Manager Olson stated the plan outlines playground inspections and this is something that Staff has not been doing. They are visually looking at the equipment but there have not been structural inspections done since the City's inspector left. The sign maintenance was also increased to provide better maintenance of the City's park signs. The recycling program is new and is included in the plan. Fertilizing was also added last year to the schedule and this is - included in the plan. Councilmember Holmes stated the plan specifies that garbage will be picked up daily. She asked if this was going to be done. Parks and Recreation Manager Olson stated the idea of the plan was to outline those items Staff should do at each park while they are there. Staff is in most of the City's parks on a daily basis and will be able to visually inspect each park at that time along with the regular day-to-day tasks. Mayor Harpstead stated there would be no budget impacts anticipated at this time. He asked that Staff let the Council know if this will change. Councilmember Holmes stated Crepeau Nature Preserve is not being maintained as well as it should be. This is a natural preserve with natural vegetation but it is being over taken by buckthorn and other invasive species. Staff needs to pay attention to this park. ARDEN HILLS CITY COUNCIL—November 15, 2010 5 5. Pulled Consent Item—4C. Approve Parks Maintenance Management Plan (continued) Parks and Recreation Manager Olson stated Staff could add language that would address the removal of invasive species and maintenance of the natural vegetation in Crepeau Nature = Preserve. The removal of invasive species can be added to each of the levels as well. Councilmember Holmes stated this document may be a step in the right direction for the City but - it is too vague to be effective. The document starts out specific then becomes to general. Councilmember McClung thanked Parks and Recreation Manager Olson for her hard work on this document and stated the City's parks are well maintained and Staff has done a great job. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to Approve the Parks Maintenance Management Plan with the addition of language for Crepeau Natural Preserve regarding invasive species. T� Councilmember Grant asked if this plan included the maintenance of the City's trails between the parks. He mentioned there is a section of trail north of the railroad tracks that is not currently being maintained. Parks and Recreation Manager Olson clarified the City's trail system would be in a separate Trail Maintenance Plan. Councilmember Holden clarified the City's hockey rinks were included in the parks amenities. The motion was called to a vote. The motion carried (4-1) _ Ayes: Mayor Harpstcad, Councilmcmbers Grant, Holden, and McClung Nays: Councilmember Holmes 6. PUBLIC HEARINGS A. Approve Resolution 2010-059: Abatement of 1960 County Road E2 City Planner Beckman stated the City received a complaint regarding a fallen tree at 1960 County Road E2. City Staff inspected the property on November 3, 2010, and found the tree appeared to be located entirely on the property at 1960 County Road E2. After the inspection, it was determined that the property was in violation of Section 602.03 Subd. 21: Dead, diseased, or fallen trees or tree branches not removed within a reasonable period of time. This type of violation requires the City to use the General Abatement Procedure process in Section 602.05 of the City Code. The General Abatement process requires the City to serve upon the owner of record a notice of the abatement order. If the owner of record is unknown or cannot be found, notice must be made in the newspaper for four weeks prior to the abatement. The City is also required to file a copy of the abatement order with the District Court and for record with the County Recorder. Once the proper notifications have been made the City must wait an additional ARDEN HILLS CITY COUNCIL—November 15, 2010 6 6.A, Approve Resolution 2010-059:Abatement of 1960 County Road E2 (continued) 20 days to give the owner of record time to appeal. The whole process can take up to eight weeks before the abatement can take place. City Staff sent a certified letter to the owner listed on the = County online information, but this appears to be out of date. The City also posted a notice on the property on November 5, 2010, giving the property owner seven days to remove the fallen tree. The property owner has not contacted the City to resolve the situation. An abatement order allows the City to hire a contractor to complete the work on the property and charge the cost back to the property owner. The charge is 125 percent of the cost of the work plus administrative and legal costs. If the charges are not paid, the charge will be certified against the property for collection with the property taxes. The City has received a quote for the work from Precision Landscape and Tree for the amount of$689.34 to complete the abatement. The property owner was notified of this hearing. Councilmember Holden asked for clarification on when the public hearing notice was provided to the property owner. If the notice was not sent out until November 12 then the property owner may not be aware of the public hearing on November 15. City Planner Beckman stated notice was first sent on November 5 and this notice specified the time and date of the public hearing as November 15 at 7:00 p.m. The property was posted as well. The City has approved lawn abatements for this property over the summer and it has been determined that the property is going to Sheriff sale in December. The City has not been in contact with the owner but has made numerous attempts with this request and the previous requests. Councilmember Holmes asked if the City would be able to recover the costs if the property is vacant and going to Sheriff sale in December. City Planner Beekman stated the City would send certified letters to the mortgage holders in - addition to District Court and County Recorder. The assessment will become attached to the property upon approval. Councilmember Grant stated part of the tree had been removed today. It appears that someone has been to the property and would have gotten the notice about the public hearing. Mayor Harpstead opened the public hearing at 7:44 p.m. Mayor Harpstead closed the public hearing at 7:45 p.m. MOTION: Councilmember Holden moved and CounciImember Grant seconded a motion to Approve Resolution 2010-059 Ordering Abatement at 1960 County Road E2 for Dead Diseased or Fallen Trees or Tree Branches Not In Compliance with City Regulations. Mayor Harpstead asked Staff to be sure the water had been shut off to this property. ARDEN HILLS CITY COUNCIL—November 15, 2010 7 6.A. Approve Resolution 2010-059:Abatement of 1960 County Road E2 (continued) City Planner Beekman stated there was a notice on the property from a contractor that it had been properly winterized. - The motion was called to a vote. The motion carried unanimously(5-0). 7. NEW BUSINESS A. Arden Hall Planned Unit Development and Zoning Code Amendment City Planner Beekman stated at the September 8, 2010, meeting the Planning Commission reviewed an application from TAT Properties and Northwestern College for a Zoning Code amendment and Master and Final PUD to convert the existing student housing facility at 1201 County Road E from an interim use to a permanent use. The application also included a request = for a preliminary and final plat to subdivide the seven acre property into two parcels. The Planning Commission voted to table the request for a Zoning Code amendment and Master and Final PUD, and recommended denial of the applicant's request for the preliminary and final plat. The applicant has since withdrawn his request for the preliminary and final plat, but is moving forward with a request for the Zoning Code amendment and PUD to allow the existing use to continue. In March 2008 the City approved a request from TAT Properties and Northwestern College granting an Interim Use Permit(lUP) at the former Holiday Inn property that would allow the College to operate a student housing facility in the B-2 District. The IUP is set to expire May 30, 2011. Student Housing is currently defined as "institutional housing" in the City's Zoning Code. As part of the approval the City adopted an IUP process, and amended the City's land use chart to allow institutional housing as an interim use in the B-2 District, under certain circumstances. Since the September 8, Planning Commission meeting, the applicant have reviewed their request in terms of making the existing student housing use permanent versus extending the existing interim use permit. The applicants have indicated that the costs of improvements that are required in the building are significant, and that these improvements warrant a long term investment in the property. Furthermore, a zoning classification that allows the use permanently is necessary in order to obtain financing to make the required improvements. Councilmember Holden asked what was included in the definition for institutional housing. She also asked if the zoning code were changed if other PUDs for institutional housing could be brought forward for the B-2 District. City Planner Beekman stated assisted or senior housing, hospitals and student housing were included in the definition for institutional housing. She also explained that the Zoning Code for this District is very specific in that only student housing would be permitted and that it would only be permitted in a preexisting hotel/motel within the district. The only way another institutional housing development could be added to the B-2 District would be with another Zoning Code amendment and PUD. Councilmember Holmes clarified that Zoning Code, not the PUD, would reference the shuttle bus that Northwestern College currently operates. ......................... ................................. ARDEN HILLS CITY COUNCIL—November 15, 2010 8 7.A. Arden Hall Planned Unit Development and Zoning Code Amendment (continued) City Planner Beekman stated this was correct. The Zoning Code has a narrow focus regarding this use for the property. Councilmember Holden asked if the property was subdivided if the second parcel would be eligible to have institutional housing on it. City Planner Beekman explained the subdivision of the property would require a separate PUD and the second parcel would not qualify for dorm space because it no longer has a preexisting hotel/motel located on it. Councilmember McClung stated this plan keeps the property under the current ownership and on the City's tax rolls. He asked what prevents the owner from selling the property to an institutional user in the future. City Planner Beekman stated there is nothing the City can do to keep a private owner from selling their property to another private owner. Councilmember Holmes stated she does not agree with #6 under the Findings of Fact on page 3 of 5. She asked if this could be removed or if it had to be kept in. Councilmember Holden stated she does not want this item taken out. At this time this is a true statement and it should remain in the document as a finding of fact. Councilmember Holmes stated she did not understand why the last two phrases were included. This does not advance the proposal and is inappropriate. The principle of the B-2 Guiding Plan was to get more population in the area and this proposal is accomplishing this. City Planner Beekman pointed out that finding of fact 45 points out how the proposal is keeping with the guidelines and #6 is pointing out how the proposal is not keeping with the guidelines. These two findings were to state that the proposal is keeping with some of the guidelines but not all of them. Councilmember Holmes stated the signage for this property is insufficient and should be added. Councilmember Grant clarified that with approval of the Zoning Code amendment this facility could remain student housing or institutional housing for 50 years or longer. He stated the original intent for this property was to have it redeveloped. The Council approved the Interim Use Permit because there had been no interest in the property for redevelopment at that time. Mayor Harpstead stated the west end of the facility is being utilized as a gathering spot for students. He asked if there were any other enhancements or features that would be brought to this area. Mr. Doug Schroeder,Northwestern College, stated there is currently a sandwich and soup area in this location as well as several TVs. There are no additional changes expected in this area at this ARDEN HILLS CITY COUNCIL—November 15, 2010 9 7.A. Arden Hall Planned Unit Development and Zoning Code Amendment (continued) time. The pool area is currently closed off. Northwestern may look at how this area can be used more efficiently in the future. He clarified that Northwestern would not utilize the pool now or in the future. The area would be used for something else. The sandwich and soup shop has done reasonably well since the addition of the TV screens. Councilmembcr Grant asked if the building was fully occupied. Mr. Schroeder stated the facility is not fully occupied at this time. The facility is needed in order for Northwestern to continue to grow but currently attendance is down. The College feels it is the right to go ahead and continue to lease this properly instead of constructing a new facility. Councilmembcr Holden stated the building is well maintained and encouraged people to tour the facility. Mayor Harpstead stated better lighting had been added to the back of the building. He asked that Staff provide information regarding the nature of the crimes that prompted this change in an Admin Update. City Planner Beekman stated the Sheriff talked with Northwestern College about what steps they could take to reduce problems in this area. Northwestern College responded to the problem and took the necessary steps to reduce those problems. The Sheriff requested additional lighting be added since there would be improvements made to the property. The lighting will meet the requirements of the Zoning Code but the specifics of this lighting have not been determined. Councilmember Grant asked if Northwestern College would be interested in buying the property at some point. Mr. Schroeder stated Northwestern College had originally thought that but at this time there is no intent to take on additional debt unless there is significant growth. If there were significant growth the College would prefer a facility closer to the campus. Councilmember Grant stated the occupancy area of the college is one-third of the facility's footprint. He asked Mr. Davidson if there was any possibility of consolidating the college and redeveloping the other portions of the building. Mr. Rob Davidson, TAT Properties, stated that this could be possible although it had not been considered. TAT Properties has looked at the possibility of subdividing the property into two parcels in the future. City Planner Beekman clarified if the property was subdivided or additional development was done it would not have to be institutional housing and this would require a reduction in the impervious surface. Any subdivision of the property would require a PUD and this would require the improvements determined by the City. ARDEN HILLS CITY COUNCIL—November 15, 2010 10 7.A. Arden Hall Planned Unit Development and Zoning Code Amendment (continued) Councilmember Holden asked what the capacity of the facility is. - Mr. Schroeder stated the Interim Use Permit set an occupancy limit of 320 but the facility is configured for 350. A limit of 350 would provide the College with some flexibility. Councilmember Grant asked if the City had any right-of-way or easement for a gateway sign on this corner. City Planner Beckman stated she could not find any legal documents that would give the City rights to that corner. Councilmember Grant stated this application was a PUD. He asked the Council if the City wanted to request access to this corner. MOTION: Councilmember Holden moved and Mayor Har stead seconded a motion to - Approve Ordinance 2010-012 Amending the Zoning Code to Allow Institutional Housing as a Permitted Use within the B-2 District with an Approved Planned Unit Development Based on the Findings of Fact in the November 15,2010, memo to the City Council. Councilmember Grant suggested the two motions be moved together because if the Zoning Code amendment were approved then the Master and Final PUD would also be approved. The City would not need to change the Zoning Code if it did not intend to approve the PUD. MOTION: Councilmember Holden moved and Mayor Harpstead seconded a motion to add the Approval of Planning Case 10-009, and the Development Agreement, for a Master and Final PUD to Allow Arden Hall to Continue as a Permanent Use Based on the Findings of Fact, the Submitted Plans, and the Conditions in the November 15 to the original motion. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to Add Condition 921. Improve signalZe so that it is readable from the street, in conformance with the City Code. Signage should identify the building and guide visitors to the entrance of the facility. Councilmember Holden asked how big of a sign would be allowed by the City Code. City Planner Beckman stated they would be allowed 80 square feet for a freestanding monument sign and additional signage on the building. She clarified that directional signage would be in addition to what is allowed for the building. Councilmember Holden stated she would like to limit the amount of signage that is permitted for the facility. Mayor Harpstead asked if a monument sign were constructed if a gateway sign for the City could be added. ... ... ..... ARDEN HILLS CITY COUNCIL—November 15, 2010 11 7.A. Arden Hall Planned Unit Development and Zoning Code Amendment (continued) Councilmember Grant stated some signage is needed to direct visitors to the entrance but he - would not encourage large signs. _ City Planner Beekman suggested a maximum of 25 square feet for signage. Mr. Schroeder stated the college was not interested in putting up a monument sign but some directional signage would be appropriate along with a sign identifying the building MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to amend Condition #21 to include a maximum of 25 square feet for signs• City Planner Beekman asked if this maximum referred to free-standing signs or signs on the building. Councilmember Holmes stated it is not specified and could be multiple signs as long as it does not exceed a total of 25 square feet. Mayor Harpstead clarified directional signage is not included in this amount. The motion to amend Condition#21 was called to a vote. The motion carried unanimously (5-0). Councilmember Grant stated there was no indication where the signs could be located. Mayor Harpstead stated the landscaping plan could designate the location of a sign as part of the site plan. The motion to add the amended Condition#21 was called to a vote. The motion carried unanimously (5-0). MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to amend Condition 1#1 so the first part of the sentence reads "The applicant shall submit an updated signage, landscaping, and site plan, subject to the approval of the City". The motion carried unanimously(5-0). MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to amend Finding of Fact#6 to put a period after the phrase "accesses on the site" and delete the remainder of the sentence. Mayor Harpstead suggested combining Finding of Fact #5 and #6. Finding of Fact #5 could then read: "Although the proposal is in keeping with many of the principles of the Guiding flan for the B-2 District...,the proposal does not advance the principles..." ARDEN HILLS CITY COUNCIL—November 15, 2010 12 7.A. Arden Hall Planned Unit Development and Zoning Code Amendment (continued) Councilmember Holmes suggested deleting Finding of Fact 45 and#6. - Councilmember Holden stated these two findings do need to be included because they are accurate. Mayor Harpstcad stated that the two findings should be in the record. Councilmember Holmes suggested Finding of Fact #5 read "The proposal is in keeping with many of the principles of the Guiding Plan for the BT2 District due to the existing configuration of the site, although the proposal does not advance all the principle..." She asked if the phrase "due to the existing configuration of the site" should be removed. Councilmember Holmes removed her motion from the floor. Councilmember Holden removed her second to the motion. - MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to amend Finding of Fact #5 to read: "Although the proposal is in keeping with many of the principles of the Guiding Plan for the B-2 District, the proposal does not advance all of the principles for the Guiding Plan for the B-2 District due to the existing configuration of the site." And Finding of Fact #6 will be removed. The motion carried (4-1). Ayes: Mayor Harpstead, Councilmcmbcrs Holmes, Grant and Holden Nays: Councilmcmbcr McClung Councilmember Grant asked if the City would be interested in asking for a sign on the corner of - Lexington and County Road E or an easement at this location. Councilmember Holmes stated she felt the southwest corner would be a better Iocation and Wellington had already agreed to incorporate a gateway sign into their monument sign. Mayor Harpstead suggested this be included in the discussion when the lot is subdivided. Councilmember Grant asked if the City had rights to put a monument sign on the Wellington property on the southwest corner. City Planner Beekman stated there was not an easement for a gateway sign. The sign was to be located in the right-of-way and part of the agreement was they would pay for a portion of the sign and the City would pay the other portion. When the City was reviewing the subdivision for this property and the redevelopment of the lot, the Guiding Plan called for some kind of civic feature on this corner. It does not limit this to a gateway sign. The concept plan for the property does need to identify this requirement. Councilmember Grant asked if this was County right-of-way. ARDEN HILLS CITY COUNCIL-November 15, 2010 13 7.A. Arden Hall Planned Unit Development and Zoning Code Amendment (continued) City Planner Beekman stated in this case it would be private property. - Councilmember Holden clarified there was no easement on the Wellington property and there was only an agreement that the City would be included as part of the sign in this location. City Planner Beekman stated this was correct. The City could still place a sign in the right-of- way even if the property is not redeveloped. The PUD negotiated that Wellington would pay for part of the sign. Mayor Harpstead stated the City could include a civic feature when the northwest corner is redeveloped. Councilmember Holden stated the developer would have issues with developing this corner due to the restraints on this corner lot. She suggested the City request this sign or easement be included in the current request. She asked Mr. Davidson for his input regarding the incorporation -_ of a City feature at this location. Mr. Davidson stated he is honored that the City would consider his property as a location for a City feature. He is open to having an Arden Hills gateway sign in this location but would request the City delay requiring this feature until he is able to bring a formal plan forward regarding the development of this corner including this feature. City Planner Beekman suggested the City be as flexible as possible with the language. A condition could be added that states at the time the property is subdivided or after so many years a civic feature be incorporated into this corner as part of the redevelopment of this corner. Community Development Director Hutmacher suggested a time frame of subdivision be established or 10 years. The intent is to provide the City with access to the corner at this location. Staff could work on the specific language. Mayor Harpstead suggested a new condition could be added that read: "Upon any future PUD or new building development on the parcel a civic feature be incorporated into the corner of Lexington and County Road E subject to the approval of the City." Councilmember Holden suggested a time frame also be incorporated into the language. Mayor Harpstead suggested the condition could read "Upon any future PUD, new building development on the parcel, or an elapsed ten year time a civic feature be incorporated into the corner of Lexington and County Road E subject to the approval of the City." City Planner Beekman stated any new development on the property would require a PUD. Mr. Davidson stated the intent is to have the corner redeveloped before the end of ten years. ARDEN HILLS CITY COUNCIL—November 15, 2010 14 7.A. Arden Hall Planned Unit Development and Zoning Code Amendment(continued) MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to - Add Condition #22 which reads: "prior to 10 years elapsing or upon any future PUD on the parcel_a_civic feature be incorporated on the corner of Lexington Avenue and County Road E subject to the _..,. oval _ ' approval of the City." The motion carried (4-1). Ayes: Mayor Harpstead, Councilmembers Holmes, Grant, and Holden Nays: Councilmember McClung Commissioner Grant pointed out that if the application is approved the institutional use will be approved for an indefinite period of time and the only driving force to change this is economics. Councilmember Holden stated this is understood but the City has a downtown district that is dead and this proposal will provide an additional 200 people using the downtown area. There have been no excessive fire calls or police calls in the last three years. She is in favor of this application. Councilmember Grant stated that Arden Hall has had a positive impact on the area over the last three years but there is no longer a time frame limiting the institutional housing in this location. Councilmember McClung stated he would vote against this. He clarified in the short term there are some benefits but in the long term this application is not in keeping with the City's vision for the redevelopment of the B-2 District. Councilmember Holmes stated this is a win-win for the City and Northwestern College and she is in favor of it. Councilmember Grant stated it is difficult to say when the economy will turn around and the proposal is a reasonable use for the facility. It has been a success. He encouraged Northwestern College to keep the facility at capacity as a benefit for the City and surrounding businesses. Mayor Harpstead stated he would vote in favor of this application. The college and the students are good citizens and it is refreshing for the City. The amended primary motion was called to a vote. The motion carried(4-1). Ayes: Mayor Harpstead, Councilmembers Holmes, Grant, and Holden Nays: Councilmember McClung 8. UNFINISHED BUSINESS None. ARDEN HILLS CITY COUNCIL—November 15, 2010 15 9. COUNCIL COMMENTS AND REQUESTS Councilmember Holden stated there been several car break-ins reported by the residents but she - has not heard from the police about these problems. She asked Staff to check into this and asked _ that Council be updated on what the police are planning to do about the situation. She stated the neighborhood watch programs were not being informed about the problems and this needs to be addressed as well. She stated the Council used to get reports from the Sheriff about the activities - in Arden Hills but these have not been received in a while. City Administrator Patrick Klaers stated he has a Sheriffs meeting on November 18 and will discuss this with the Deputies. He stated he is only informed when there is a significant event within the City and has not received weekly reports on Arden Hills from the Sheriff. Mayor Harpstead stated the sidewalk on Lexington Avenue, south of County Road E, has big holes and presents a safety hazard to the residents. He requested Staff look into this. Public Works Director Terry Maurer stated Staff would check into this. Councilmember Grant stated the trail section south of Lexington Avenue, toward Snelling Avenue, has not been packed well or seal coated. Public Works Director Maurer stated Staff did go and look at it this section of trail. Staff has not determined the best way to fix this section yet but Staff will have a plan for this section by spring. ADJOURN MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to ad'ourn to a work session. The motion carried unanimous) 5-0 . - Mayor Harpstead adjourned the Regular City Council Meeting to continue the work session at 9:11 P.M. Patrick Klaers Stanley stead City Administrator Mayor