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HomeMy WebLinkAbout05-14-12-R Draft Minutes -AR EN HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 14, 2012 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:03 p.m. Present: Mayor David Grant, Council Members Brenda Holden, Fran Holmes, Nick Tamble, and Ed Werner Absent: None Also present: Director of Finance and Administrative Services Sue Iverson; Community Development Director Jill Hutmacher; Public Works Director Terry Maurer, Assistant City Engineer John Anderson, City Planner Meagan Beekman, and City Attorney Jerry Filla PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item 8D be removed from the agenda. Councilmember Holden requested Items 8A and 8C be moved to the Consent Agenda. MOTION: Councilmember Holden moved and Councilmember Tamble seconded a motion to approve the meeting agenda as amended removing Item 8D from the agenda and moving Items 8A and 8C to the Consent Agenda. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL None. 3. STAFF COMMENTS A. TCAAP Update ARDEN HILLS CITY COUNCIL— MAY 14, 2012 2 Community Development Director Hutmacher commented that the TCAAP Restoration Board will meet on Monday, May 21 St at the Ramsey County Public Works Facility. Councilmember Holden asked if Round Lake would be discussed at this meeting. Community Development Director Hutmacher noted the feasibility study for Round Lake would be discussed. Councilmember Holmes questioned if the Restoration Advisory Board meets quarterly or monthly, and asked why the agenda was placed in the Council's packet. Community Development Director Hutmacher commented Staff wanted to bring to Council's attention the Round Lake discussion that would be held by the TCAAP Restoration Advisory Board. Mayor Grant requested Staff provide a TCAAP Update as needed at future Council meetings as the stadium would be built in Minneapolis. He requested Staff provide Transportation Updates at future meetings and for an update tonight. Public Works Director Maurer indicated the Lexington Avenue bridge closure would be complete on Thursday. Not all lanes would be reopened, as work would remain on the bridge deck. He reported that on May 22 and May 23 the bridge would be closed entirely from 10:00 p.m. to 5:00 a.m. A detour would be established to County Road F. Public Works Director Maurer explained Grey Fox Road would be restriped to assist with the road construction delays along Lexington Avenue. Public Works Director Maurer noted the I-694 project would have two additional closures beginning this evening. First is eastbound TH10 between TH96 and I-694; second is eastbound I- 694 access to southbound TH51. These closures would be in effect until November. Public Works Director Maurer indicated the County has been contacted regarding the traffic concerns in the area. The County would be restriping and resigning the intersection at County Road E2 and Cleveland. At County Road E and Old Highway 10, a right turn lane was being pursued with MnDOT. In addition, Bethel University had requested an all-way stop to the entrance of their school. No action was being taken at this time, as school would be out in several weeks. Public Works Director Maurer stated a meeting regarding the bridge replacement on County Road 10 would be held on May 22nd. The bridges would be taken down the weekend of June 8- 10th. There would be closures of 35W during this timeframe. Mayor Grant questioned if MnDOT had signs posted for the residents to plan for these road closures. Public Works Director Maurer indicated he had not driven the area recently to see if signs were posted, but anticipated MnDOT would have signs posted. I ARDEN HILLS CITY COUNCIL—MAY 14, 2012 3 Mayor Grant asked if the all-way stop at Bethel University was being requested for a long-term basis or for the interim. I Public Works Director Maurer explained this was being requested as an interim sign placement until the I-694 construction was complete. Councilmember Holden inquired if a right-hand turn lane could be added to Fairview to allow traffic to move onto Lydia and make its way to Snelling Avenue. Public Works Director Maurer stated he would speak with the County regarding this issue. i Councilmember Tamble asked if Grey Fox Road would be restriped. Public Works Director Maurer commented that the roadway would be restriped this evening. 4. APPROVAL OF MINUTES A. April 16, 2012 Special Council Meeting B. April 16, 2012 Work Session MOTION: Councilmember Tamble moved and Councilmember Holden seconded a motion to approve the April 16, 2012, Special Council Meeting and April 16, 2012, Work Session Meeting minutes as presented. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Claims and Payroll B. Public Works Week Proclamation C. Appointment of Deputy Clerk D. Resignation of Lois Rem from Communications Committee E. Motion to Approve Ordinance 2012-004, Tobacco Products Ordinance, and Summary Ordinance for Publication F. Resolution 2012-013 — Calling a Public Hearing for the Recovery of Costs for 1415 Glenhill Road MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS None. ARDEN HILLS CITY COUNCIL—MAY 14,2012 4 7. PUBLIC HEARINGS A. Annual National Pollutant Discharge Elimination System (NPDES) Public Hearing John Anderson, Assistant City Engineer, stated he was present this evening for the Annual National Pollutant Discharge Elimination System Public Hearing. The federal clean water act required implementation of this two phased comprehensive national program. He stated that the programs two phases included phase 1 for larger cities and phase 2 for smaller cities and construction sites and that this program is overseen by the Environmental Protection Agency and the Minnesota Pollution Control Agency. John Anderson, Assistant City Engineer, indicated that Arden Hills, as a regulated party, must develop a storm water pollution prevention plan that incorporates best management practices applicable to the City. He went on to explain that this plan must be organized to include items to address the six minimum control measures which are Public Education and Outreach, Public Participation and Involvement, Illicit Discharge Detection and Elimination, Construction Site Storm Water Runoff Control, Post—Construction Storm Water Management in New Development and Redevelopment, and Pollution Prevention and Good Housekeeping. John Anderson, Assistant City Engineer, went on to explain how the City has met the permit requirements over the last years in each of the six areas of minimum control measures. John Anderson, Assistant City Engineer, explained the goals for 2012 include continue to produce flyers and newsletter articles, continue to work with Ramsey Conservation District and Rice Creek Watershed District, and update the City's website with new information. John Anderson, Assistant City Engineer, stated that the small municipal separate storm sewer system (MS4) permit is scheduled to be renewed later this year and some of the changes expected to be included in this would be more stringent standards on site runoff, additional requirements on impaired waters, and increased documentation and mapping. Wetland/pond inventory will need to provide additional detail including number of inlets/outlet, surface area, and other physical characteristics. John Anderson, Assistant City Engineer, stated that another part of the permit renewal is related to impaired water bodies and Total Maximum Daily Loads (TMDL). These TMDL studies identify water bodies that are impaired by pollutants and identify maximum amounts of these pollutants that cities can discharge to these water bodies. Lake Valentine is scheduled for a study sometime in 2012-2015. John Anderson, Assistant City Engineer, concluded by saying the Storm Water Pollution Prevention Plan continues to evolve and is intended to be updated and expanded as needed. Councilmember Holden asked if all wetlands in the City were being mapped. Public Works Director Maurer stated some of this information has already been gathered with the 2011 inventory of inlets/outlets. There are still more wetlands that will need to be inventoried. I ARDEN HILLS CITY COUNCIL—MAY 14, 2012 5 Councilmember Holden questioned why Lake Valentine was being evaluated and what did this have to do with the Mississippi Watershed when the City was part of the Rice Creek Watershed District. Assistant City Engineer Anderson commented Lake Valentine was impaired and needed a TMDL study completed. He explained that most of the City's water was contributed to a larger watershed, which made the City responsible for the South Metro Mississippi River Watershed. I Mayor Grant opened the public hearing at 7:32 p.m. I There were no public comments. Mayor Grant closed the public hearing at 7:33 p.m. B. Resolution 2012-014 — Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Director of Finance and Administrative Services Iverson stated the City Council has adopted changes to the Utility Ordinance effective January 1, 2012. One of the changes calls for certifying delinquent utility amounts quarterly instead of annually. A list of utility accounts with delinquent balances was compiled by Staff and a notice dated April 6, 2012, was mailed. These customers were notified of their delinquent status and asked to pay the balance by April 30, 2012. Director of Finance and Administrative Services Iverson explained that utility accounts with unpaid delinquent balances after April 30, 2012 would be certified to Ramsey County to be added to property taxes payable in 2013. The certification amount was equal to the unpaid delinquent balance and an eight percent penalty. Councilmember Werner asked for the number of delinquent utility accounts in 2011. Director of Finance and Administrative Services Iverson estimated that approximately 200 properties were delinquent in 2011. Councilmember Tamble questioned how long homeowners were allowed to be delinquent prior to being assessed with the County. Director of Finance and Administrative Services Iverson explained bills that were 90 days overdue were certified with the County. She commented this was in alignment with City Code. In the past, delinquent accounts were assessed on an annual basis, versus on a quarterly basis. Councilmember Werner inquired if late fees were charged to the delinquent accounts. Director of Finance and Administrative Services Iverson stated late fees of approximately $50.00 were added on to all delinquent accounts per ordinance. Mayor Grant opened the public hearing at 7:37 p.m. ARDEN HILLS CITY COUNCIL— MAY 14, 2012 6 There were no public comments. Mayor Grant closed the public hearing at 7:38 p.m. MOTION: Councilmember Holden moved and Councilmember Tamble seconded a motion to approve Resolution 2012-014 to certify the list of quarterly delinquent utility accounts to Ramsey County. The motion carried unanimously (5-0). 8. NEW BUSINESS A. Tobacco Products Ordinance This item was moved to the Consent Agenda as Item 3E for approval. B. Planning Case 12-009 — 1201 County Road E; Preliminary and Final Plat and Master and Final PUD i City Planner Beekman presented the Council with information on the Preliminary and Final Plat, and Master and Final PUD for redevelopment of the property 1201 County Road E. She noted this property was owned by TAT Properties and was represented by Rob Davidson. The applicant has proposed redevelopment of the old Holiday Inn site into a 120-unit apartment complex while also subdividing the site into two parcels. City Planner Beekman reviewed the proposal noting the former 155-unit hotel would be converted into 120 studio and 1-bedroom units and would be completed in two phases. Phase I would include renovations to the first and second floors of the building and creating amenities on the first floor such as a basketball half-court, wi-fi lounge, fitness space, and theater area. The second phase would begin as market demanded on levels three and four. The McGuire's space would be developed at a later date. City Planner Beekman explained the subdivision of the parcel into two lots would create a two- acre corner parcel that would be developed at a future date. Reconstruction of the parking lot would create islands, curb and gutter along with storm water ponding throughout the site. She then discussed the preliminary plat in further detail, noting the plat would require park dedication fees. She noted a southbound Lexington Avenue right-in, right-out access was approved by the County, contingent on a specific lot 2 development plan for a bank. City Planner Beekman commented the landscaping plans meet all City requirements and a bike rack would be provided. The proposed layouts of the first and second floors were discussed, along with the location of the amenities on the first floor. A traffic study was completed for the proposed use and estimated that approximately 1,300 trips per day were generated by the previous Holiday Inn as a hotel. The traffic study assumed a proposed specialty retail use in the existing hotel, along with 120 apartment units, and commercial use in the adjacent parcel. City Planner Beekman explained the Planning Commission reviewed this item at their April 18, 2012 meeting and held a public hearing. The Planning Commission recommended denial (5-2) of ARDEN HILLS CITY COUNCIL—MAY 14, 2012 7 the application based on the findings of fact and submitted plans. She noted the applicant was present this evening. i Councilmember Holden questioned if the site plan had additional information on McGuire's and the banquet halls. City Planner Beekman explained she did not have the layout of the building for McGuire's or the banquet halls. Councilmember Holden inquired if the applicant had submitted a lighting plan. City Planner Beekman stated the applicant had not submitted a lighting plan to date but would submit one at a later time. Councilmember Werner indicated new information had come forward since April 18, 2012 and questioned if the Planning Commission's decision would change based on this new information. City Planner Beekman indicated this would be impossible to determine. Mayor Grant requested further comment from Staff on the new material and information provided by the applicant since the Planning Commission meeting. City Planner Beekman stated a revised site plan was submitted, along with a concept drainage and utility plan and Attachment A. She commented Attachment F was also new material that was not reviewed by the Planning Commission. Councilmember Tamble discussed the concerns brought up by the Commission in April and stated the applicant had submitted material regarding the lighting plan, floor plan, security of the building and a traffic study. He questioned if the information submitted satisfied the concerns expressed by the Commission on April 18"'. City Planner Beekman indicated information regarding the lighting plan has yet to be submitted and an email was received regarding the security plan and was included in Attachment F. The revised floor plans have been submitted as Attachment A. Councilmember Holden questioned why the site plan did not include traffic flows as was completed for Arden Plaza. She inquired why a master plan was not completed for this site. City Planner Beekman stated a list of application requirements was provided to the applicant. Staff met with the applicant in December and she has been working with him since that time. The application went before the Planning Commission in April based on the information received. Mayor Grant stated the PUD was incomplete when the Planning Commission reviewed the proposal. He explained the master PUD was still incomplete and was uncertain if the Council could proceed in making a determination on this application. i ARDEN HILLS CITY COUNCIL— MAY 14, 2012 8 Councilmember Tamble asked how complete the project was to be, with respect to the recent redevelopment of Arden Plaza with Walgreens. He inquired how the Holiday Inn plan differed. City Planner Beekman discussed the redevelopment of Walgreens and Arden Plaza with the Council noting it was to be completed in phases and had a complete traffic circulation included. In addition, a landscaping plan and footprint of the building was included. She explained that the Holiday Inn request had a conceptual building planned for Lot 2. The final PUD would have to be amended when this parcel was ready for development. This was not the typical model for redevelopment of properties. Councilmember Holden noted the phasing of the project was date uncertain at this time. She questioned if a detailed phasing plan was provided by the applicant. City Planner Beekman indicated the applicant had not submitted a detailed phasing plan. She anticipated that Phase I would include Levels 1 and 2 of the building. Phase lI would include the third and fourth levels of the building. Phase III would involve the redevelopment of McGuire's and the banquet facilities. Phase IV would be the development of Lot 2. These phases were not identified by the applicant, but were Staff s interpretation of how the redevelopment would occur. Mayor Grant requested further information on the floor plan layout and where the one-bedroom units were located. City Planner Beekman commented there would be eight one-bedroom units on the first floor and 12 on the second floor. There would be another 20 one-bedroom units on the remaining two floors. Councilmember Holden asked if the right-in, right-out would meet the traffic needs after Lot 2 were developed. She questioned how the Council was to approve the development without knowing the final size of the proposed building and future traffic access needs. City Planner Beekman explained the right-in, right-out access was approved by the County for the proposed bank use which was 2,500 square feet in size. Councilmember Holden stated Lot 2 would then be allowed to be 2,500 square feet in size based on the County approval of a right-in, right-out access. Councilmember Tamble questioned how the development would proceed if another use were proposed for Lot 2. City Planner Beekman was uncertain how the County would respond to a different use. Councilmember Holden stated the right-in, right-out access was approved by the County after much discussion and determination on Mr. Davidson's part. Mayor Grant requested Staffs assessment on the traffic plan provided by the applicant. ARDEN HILLS CITY COUNCIL—MAY 14, 2012 9 Public Works Director Maurer explained there was not enough factual information provided to evaluate the traffic plan. He understood a 120-unit apartment complex was proposed, however the plans for Lot 2 and McGuire's were uncertain. The County was concerned with the number of vehicles that would be using the right-in, right-out access point. He commented the traffic study completed in 2008 did find that traffic may have to wait several minutes to properly ingress and egress from the site. Mayor Grant inquired if the County had concerns with the right-in, right-out access point. Public Works Director Maurer indicated the access point was approved with the understanding a 2,500 square foot building would be built on Lot 2. Councilmember Holden questioned if the site had adequate parking to meet the needs of the 120-unit apartment complex and the future redevelopment of McGuire's. City Planner Beekman stated a specialty retail space would require 78 parking stalls based on the size of McGuire's and the banquet facilities. This would mean the site is 59 parking spaces short. She indicated it was hard to determine the parking needs for this area until a retail use was determined and further evaluated. Shared parking could be an option with Lot 2. Councilmember Tamble understood the need for adequate parking spaces but asked if the apartment use could generate less of a need given the fact the applicant was proposing one- bedroom and efficiency units. City Planner Beekman indicated this may be the case, that the 120-unit complex would require less parking spaces than was required by City Code. She commented visitor and staff parking would also be needed. Councilmember Tamble commented on the letters provided by local businesses interested in occupying the McGuire's space. Councilmember Holmes stated the submission by Now Bike and Fitness was proposing to occupy 9,000 square feet of the 13,000 square feet of space available. She expressed concern with how traffic would flow internally on the site. Mayor Grant noted the proposed complex may attract college students and young professionals. However, he indicated this could not be limited to students. City Planner Beekman stated this was the case, unless the property was to be leased or owned by a college or university. Mayor Grant questioned if the applicant would be accepting Section 8 vouchers. City Planner Beekman commented the applicant has not made this determination. Staff asked the question of the applicant and she understood this would be determined by the rent levels. ARDEN HILLS CITY COUNCIL—MAY 14, 2012 10 Councilmember Werner explained he felt there was a need for the proposed efficiency housing given the rental rates for one and two-bedroom units in the metro area. Councilmember Tamble read several comments from a letter submitted by Northwestern College. It was noted the community would benefit from additional housing focused towards college students and young professionals. While this was not traditional, it would meet the needs of the community. Councilmember Holden stated the Council was lacking a baseline of information to properly evaluate the plat and PUD request. She appreciated the efforts of Mr. Davidson, but noted additional information was necessary to fully review the request. In addition, the Planning Commission was unable to review the recently submitted material. Mayor Grant commented projects of this scale needed to be sustainable long term and of high quality that adds to the community. He wanted to see this site redeveloped and reused. With a higher level of detail, perhaps the Planning Commission and Council could make a better determination. He wanted to see this property redeveloped correctly as it was along Arden Hills' Main Street. Councilmember Holmes noted she reviewed the proposed floor plans and was concerned there were no closets in the apartments. She indicated studio apartments typically had a walk-in closet. She had an issue with the units that would overlook the basketball court and fitness center. She requested staff seek further information on the minimum size for apartment units in neighboring cities. She feared how the proposed units would be sustainable in the long run. Councilmember Holden questioned how the Xbox area and fitness center would be maintained by the applicant. City Planner Beekman stated the condition for approval would require the applicant to maintain these areas. She suggested the City Attorney provide comment on this issue. City Attorney Filla commented the entire redevelopment process worked more smoothly when applicants provided a complete application. The City would then be aware of how the entire site would be used. In addition, the process works better when the Planning Commission has a chance to review all of the information prior to the Council. The Council did not have comments from the Planning Commission on all the information provided. Mayor Grant asked if how the future ownership of the building should be considered. City Planner Beekman explained the developer's agreement would run with the site and not the current applicant. Rob Davidson, TAT Properties, addressed the Council and understood their frustration this evening. He stated the building had several different proposals in the past. He introduced his current development team and indicated his current submission was viable. The density has been reduced from 150 to 120 units with the addition of kitchens in each unit. He commented a ARDEN HILLS CITY COUNCIL—MAY 14, 20 12 11 separate piece of furniture would be supplied within the units for closets and all units were in compliance with the State Building Code. Mr. Davidson stated he has been responsive to the City's comments to date. The traffic concerns for the site were being considered and Ramsey County has approved a right-in, right-out access point for Lot 2. His best estimate for the proposed uses were a bank and commercial site for Lot 2 with specialty retail in the McGuire's space. Mr. Davidson indicated he has attempted to answer every question from Staff in a timely manner. He noted an internal traffic pattern for the site was not requested from Staff and was therefore not submitted. He stated his traffic engineer could provide further comments to the Council. Mayor Grant clarified that an internal traffic plan was not requested from Staff. He asked if Section 8 vouchers had been discussed with Staff. Mr. Davidson indicated this was the case and noted that Section 8 vouchers were discussed in a meeting once with Staff. Vernon Swing, RLK, Inc., stated he has been reviewing the Holiday Inn site and has been considering potential uses for Lots 1 and 2. The traffic generation potential associated with the redevelopment of the hotel has been evaluated. Trip statistics were estimated for the potential development with specialty retail in the restaurant space with general office on Lot 2. The development was not seeking approval on those items this evening. Staff has focused much of the review on the development of Lot 2 and potential needs for the restaurant site. Mr. Swing indicated the future uses for these sites were undetermined and adjustments may be needed. He commented the proposed uses would have less traffic generated than a restaurant use. He noted the Staff Report calls for a traffic light in order to complete the redevelopment. Mr. Swing did not agree that a signal was necessary at this time as volume levels were not being met and access was not being compromised along County Road E. If and when the development hits the required thresholds, then a light would be required. Mr. Swing explained that conversations have been held with the County and the trip generations anticipated for Lot 2 required a right-in, right-out and not a signalized intersection. Until approval for the subdivision of Lot 2 was granted,the County would not move forward. Councilmember Holden asked if the traffic study was completed based on future of the B-2 zoning district. Mr. Swing indicated the traffic study was compared to the traffic generation on site based on 2012 conditions. The guidance plan looked at 95 apartment units and 120,000 square feet of office space. The stop light was not investigated as the initial conclusion determined traffic volumes did not warrant a signal. Councilmember Tamble questioned the limitations of Lot 2 that may hinder future development. ARDEN HILLS CITY COUNCIL—MAY 14, 2012 12 Mr. Swing commented the limitation in place was developing a space that did not stress the right- in, right-out access along County Road E. The proposed bank use would meet the trip requirements. Councilmember Tamble clarified that the traffic level would take precedence over the proposed use. Councilmember Holden asked if the right-in, right-out access would be granted indefinitely. Mr. Swing stated this was not a given. Public Works Director Maurer commented that the B-2 study does not state a signal was not required unless warrants were met. He indicated the traffic generated for this use would have only one access point if the right-in, right-out was not approved and maintained by the County. This would create safety problems as traffic flowed through the site from Lot 1 to Lot 2. Mayor Grant inquired how the relationship between the City and County would work to maintain the right-in, right-out access point. City Planner Beekman commented the relationship between the County and City was complicated with regard to this issue. The final decision would remain with the County and would be determined by the potential use on Lot 2. Mayor Grant indicated the applicant would be motivated to stay within the proposed traffic levels to keep the right-in, right-out access point. City Planner Beekman stated this was the case. Mr. Davidson noted the County can, at any time, remove the access if safety became a concern. This was a condition on the permit. City Planner Beekman did not agree with this statement, as the County could not remove the only access to Lot 2. Councilmember Holden stated in the meeting with the County, the County was not allowed to remove access points after granted. City Attorney Filla explained all access would not be removed with the loss of the right-in, right- out, as traffic could ingress and egress through adjacent parking lot. Mr. Davidson commented he would be happy to provide his permit from the County to the Council for their review. Councilmember Holden inquired if additional questions were asked of the applicant with no response. ARDEN HILLS CITY COUNCIL—MAY 14, 2012 13 City Planner Beekman explained she had met with the applicant on May 2"d. She continues to have concerns with the comprehensive land use plan for this development. Mayor Grant questioned how parking requirements were set for residential uses. City Planner Beekman noted this was on a per unit basis and not based on the square footage of the building. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to deny Planning Case 1.2-009 for the Preliminary and Final Plat, and Master and Final PUD at 1201 County Road E based on the submitted plans and following findings of fact: 1. The application lacks a comprehensive master land use plan. 2. The application lacks a detailed phasing and construction plan with timing for phasing implementation. 3. The traffic and parking cannot be fully analyzed because a comprehensive land use plan has not been submitted. 4. Lot 2 is a non conforming lot, which does not have approved access to County Road E or Lexington Avenue based on the submitted concept plan. 5. The application lacks a detailed lighting plan. 6. The application lacks a detailed security plan. 7. The application has too many variables that remain undefined. Councilmember Holden requested the City Attorney repeat his comments on how applications are to proceed through the City for approval. City Attorney Filla commented the process works best if the applicant submits a completed application up front which allows for a thorough review and recommendation from the Planning Commission. This would allow for the Council to make a more informed decision. Councilmember Holmes asked if the denial was based solely on the Planning Commission's findings of fact or if additional findings could be added. Mayor Grant noted that additional findings could be added. Councilmember Holmes suggested another finding be added to note the applicant had not submitted a full application. New material was submitted by the applicant for review by the Council this evening that was not reviewed by the Planning Commission in April. MOTION AMENDMENT: Councilmember Holmes moved and Councilmember Holden seconded an amendment to add an additional findings of fact: ARDEN HILLS CITY COUNCIL—MAY 14, 2012 14 8. The Council has received additional information at its May 14, 2012 Council meeting that was not available to the Planning Commission at its April 18, 2012 meeting. The motion amendment carried (3-2) (Tamble and Werner opposed). Councilmember Tamble noted he met with the applicant to discuss the project in depth. He was concerned with the longevity of the project but understood the applicant was willing to assume this risk. He understood that new material was provided to the Council that was not reviewed by the Planning Commission. However, with the safeguard that the right-in, right-out access had been approved by the County, he was in favor of the redevelopment as proposed. Councilmember Werner indicated another option would be for the Council to table action on this item. He questioned how the applicant would proceed if the application were denied. City Attorney Filla stated the applicant could come back before the Council with a new application for consideration at the Planning Commission's next meeting, or the same plan in six months. Councilmember Tamble questioned if the item were tabled if the timeline would be met. City Attorney Filla stated this would be determined by the applicant's actions. If he wished to resubmit the same plan he would have to wait six months. However, if the item were tabled, action would have to be taken by the Council within 120 days of the submission of the application. Mayor Grant commented if the plan were to be resubmitted with a comprehensive plan it could be reviewed by the Planning Commission. City Planner Beekman explained a comprehensive land use plan would remove the six-month waiting period. Mayor Grant indicated it was not in the Council's best interest to consider an application that had missing pieces and was not fully reviewed by the Planning Commission. He stated the PUD was requesting a great deal from the City and would need to be completed. There were a number of items that needed to be addressed. He explained that he would not support the request this evening and did not want the Council to set a precedence by considering an incomplete application. The motion carried (4-1) (Tamble). C. Resolution 2012-013 — Calling a Public Hearing for the Recovery of Costs for 1415 Glenhill Road This item was moved to the Consent Agenda as Item 3F for approval. D. Charitable Contribution Proposal ARDEN HILLS CITY COUNCIL—MAY 14, 2012 15 This item was removed from the Agenda. 9. UNFINISHED BUSINESS A. Letter of Support for Arden Village MHFA Tax Credit Application and Extension Request City Planner Beekman stated Sand Companies, Inc. (SCI) has requested a letter of support for their application for Minnesota Housing Finance Agency (MHFA) tax credit financing for Arden Village. In addition, SCI is requesting a one-year extension on their deadline to pull building permits on the project. Staff recommends that the City provide a renewed letter of support, which does not include TIF assistance. Staff further recommends approving the amendment to Section 5.0 Subd. A.2 of the Development Agreement for Arden Village, LLC to extend the building permit deadline to June 30, 2013. Councilmember Holden questioned if the City would be collecting park dedication and SAC and WAC fees. She requested further information on the construction timeline. City Planner Beekman indicated the park dedication fees were waived and this was written into the developer's agreement. She commented the SAC and WAC charges were reduced by $2,000. She noted the construction schedule was going to be extended by one year allowing the applicant to have a permit deadline of June 30, 2013. Councilmember Holmes asked why the park dedication fees were waived. City Planner Beekman stated one item identified with this project was the need for a pedestrian walkway trail connecting to the Land O'Lakes sidewalk. The cost of the sidewalk was approximately $84,000 and Sand Companies agreed to construct this sidewalk. Therefore, the City waived park dedication requirements for the project. MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion for the City to provide a renewed letter of support which does not include TIF assistance. The motion carried unanimously (5-0). MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to approve the amendment to Section 5.0 Subd A.2 of the Development Agreement for Arden Village, LLC to extend the building permit deadline to June 30,2013. The motion carried unanimously (5-0). 10. COUNCIL COMMENTS AND REQUESTS Councilmember Holmes commented on the Public Works proclamation approved this evening that was under Consent. She recognized the efforts of the Public Works Department and the many benefits they provide the residents of Arden Hills. ARDEN HILLS CITY COUNCIL—MAY 14, 2012 16 Councilmember Holden asked if Shoreview had a traffic study completed for Red Fox Road and if so, if the City would be able to review this information. Public Works Director Maurer stated he has been told the County has reviewed a traffic study but the development has now changed. He was told the information would be forwarded to the City when received. Councilmember Holden questioned if the manhole issue was being addressed. Public Works Director Maurer explained the Public Works Department was addressing this concern with a filler, which would be less costly than putting in new manholes. Councilmember Holden suggested the Council review multi-family housing requirements to set basic standards for these units. The Council agreed with this recommendation. Councilmember Holden inquired how the TIF White Paper was proceeding. Community Development Director Hutmacher stated she has met with Ehlers and will receive feedback to complete a matrix type document to pull together the criteria into something that would allow for projects to be judged in the future. She noted the information would be brought to the Council once received. Councilmember Tamble reviewed several pictures received from a resident noting there was an eagle's nest on Round Lake. Mayor Grant thanked Public Works Director Maurer for staying on top of the traffic issues in the City. ADJOURN MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adiourn. The motion carried unanimously (5-0). Mayor Grant adiourned the Regular City Council Meeting at 9:36 p.m. Sue Iverson David Grant Director of Finance &Administrative Mayor Services