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HomeMy WebLinkAbout10-28-13-R �-AlDEN HILLS Approved: December 9, 2013 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 28,2013 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 7:01 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung, and Ed Werner Absent: None Also present: Director of Finance and Administrative Services Sue Iverson; City Attorney Joel Jamnik; Community Development Director Jill Hutmacher; Community Development Intern Matthew Bachler; City Planner Ryan Streff; Assistant City Engineer John Anderson; and City Clerk Amy Died PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holden requested Item 8B on the agenda be pulled and discussed at a future work session meeting. Councilmember Holmes requested Item 5B be removed from the Consent Agenda for discussion as Agenda Item 6A. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, did not understand the rationale behind the proposed franchise fees. He stated the Chamber of Commerce and local businesses did not support the franchise fee. He expressed frustration with the Council for hiding discussion on this item at Council worksession meetings. He explained he listened to the recent work session ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 2 meeting and encouraged the Council increase property taxes instead of proceeding with a franchise fee. A. Ramsey County Sheriff's Department(Police Services) Update Sheriff Matt Bostrom thanked the Council for their time. He discussed the special relationship between the City of Arden Hills and the Ramsey County Sheriff's Department. The mission of the Ramsey County Sheriff's Department was reviewed. Sheriff Bostrom highlighted the events taking place in Ramsey County at the Sheriff's Department, noting the deputies were kept busy with court orders, warrants, detention of prisoners and court security. He commented the Sheriff's Department manages 9,000 warrants at any given time and online warrant searches were now available to assist with managing this task. In addition to these efforts, the County also provides water patrol, crime scene and canine services in Ramsey County. Sheriff Bostrom noted the County was working to improve its crime scene processing and joint training was now being offered to local departments. Partnerships in these areas were improving policing services throughout the entire County. The benefits of the Code Red notification program were discussed. He then encouraged all residents in Arden Hills to turn in their unused prescriptions to the Sheriff's Department. Councilmember Holden requested information on the neighborhood watch program. Sheriff Bostrom explained John Easton was in charge of the neighborhood watch program. He discussed the growing success of Night to Unite in Ramsey County. It was noted further information regarding this program was available on the County's website. Mayor Grant thanked Sheriff Bostrom for his thorough report this evening. 3. STAFF COMMENTS A. TCAAP Update Community Development Director Hutmacher stated Ramsey County received notice that the Minnesota Pollution Control Agency (MPCA) and the Environmental Protection Agency (EPA) have approved the Quality Assurance Project Plan which means that below-grade remediation work can begin in the 30 acres that are subject to the lease agreement with the federal government. Community Development Director Hutmacher indicated Kimley-Horn was working on analysis and pre-design work for the County Road H and Highway 96 intersections with I-35W related to the contract amendment requested by Ramsey County. City and County staff and consultants have met to discuss design options and their advantages and challenges related to traffic capacity, cost, MnDOT requirements, and development needs. The consultants are refining the options based on staff input prior to presentation to MnDOT for further comment. Community Development Director Hutmacher explained Kimley-Horn's sub consultant for the regulations and policies, will be meeting with staff and consultants this week to discuss the City's existing policies and consider which regulations or policies may need to be amended for TCAAP. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 3 Work on the regulations and policies will accelerate as details of the Master Plan emerge in late 2013 and early 2014. Community Development Director Hutmacher commented that Staff was working with the St. Paul Chamber of Commerce to schedule a master planning event at Land O'Lakes in early November. The event will be very similar, in terms of information presented and the land use exercise, to the September 17, 2013, TCAAP open house. The purpose of the event is to engage young professionals in the master planning process. B. Transportation Update Assistant City Engineer Anderson provided the Council an update on the US 10 and Highway 96 road construction project. He indicated MnDOT, Ramsey County and Shafer Construction have been extremely busy trying to wrap up the US 10/Highway 96 and I-694 projects. He reviewed several photographs of the paved roadways and discussed the progress of each project. Mayor Grant asked if there would be a trail under I-694 along Old Snelling. Assistant City Engineer Anderson stated this roadway would allow for a trail outside of the roadway on either side. Councilmember McClung questioned when the roadways would be open for use. Assistant City Engineer Anderson commented the contractor has told MnDOT that the roadways would be open as per the schedule in November. 4. APPROVAL OF MINUTES None. 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item ��- Claims and Payroll .M Be 'en to Approve Dl.,.,. ing Case-4 tt 13 —Var-ianEo 1226 Tiger-se A.,.,.-1 C. Motion to Adopt Revisions to the Benefits and PTO Sections of the City's Personnel Policy D. Motion to Approve Cable Services Agreement E. Motion to Approve Agreement with SEH for Review of Proposed Telecommunications Upgrade F. Motion to Approve South Water Tower Rehabilitation — Payment #2 & Change Order#I G. Motion to Approve 2013 Seal Coat Improvement—Final Payment H. Motion to Approve 2013 Sanitary Sewer Lining Improvement—Payment#2 1. Motion to Approve North Snelling Avenue Mill & Overlay—Final Payment MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to approve the Consent Calendar as amended removing Item 513 and ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 4 to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS A. Planning Case#13-016—Variance— 1226 Ingerson Road Councilmember Holmes requested further information regarding the variance requested. City Planner Streff stated the applicant has requested two (2) variances for the proposed project located at 1226 Ingerson Road. 1) The first variance is being requested to exceed the Floor Area Ratio (FAR) by 313 square feet. 2) The second variance is being requested to allow flexibility in the setback regulations to expand the existing deck, construct a front entrance overhang and add sunshades to the south facing elevations of the home. City Planner Streff indicated the applicants own the property located at 1226 Ingerson Road, which is zoned R-1 Single Family Residential. The property is generally positioned north of Lake Josephine, south of Ingerson Road, east of Snelling Avenue/Highway 51 and west of Lexington Avenue. The existing structure is a two-story home on slab with no basement with its front access positioned along Ingerson Road to the north. The topography on the site is fairly flat, slopping approximately two (2) feet from north to south. Ingerson Court curves to the north, wrapping around the west side of the parcel, where it intersects with Ingerson Road creating a triangular shaped lot, which for zoning purposes has three (3) front yards along the north, south and west sides of the lot. On this property the Zoning Code requires a forty (40) foot front yard setback on the north, south and west sides. The existing structure encroaches approximately fourteen(14) feet along Ingerson Road and thirty-three (33) feet along Ingerson Court. The remaining yard on the east side of the lot has a typical side yard setback of ten (10) feet. The residential structure has been determined to be non-conforming as it relates to the setback requirements within the R-1 Single Family Residential District. City Planner Streff stated the property owner is proposing to construct a 787 square foot third floor addition to the existing home. The proposed addition would exceed the Floor Area Ratio (FAR) by 313 square feet. For this particular lot, a maximum principle structure size of 2,977 square feet is permitted under the Zoning Code. The proposed project would expand the structure to 3,290 square feet. A variance is being requested to increase the FAR by 313 square feet. City Planner Streff explained a deck addition is being proposed on the southern side of the structure along Ingerson Court. The deck addition would expand approximately three (3) feet along the eastern half of the south fagade and four (4) to four and one half (4.5) feet along the western half of the south facade. Sunscreens are also being proposed along the entire southern fagade that would mirror the deck's dimensions. The deck and sunscreens would encroach further into the existing setback along Ingerson Court than the existing structure. At its closest point the deck would be approximately two (2) feet from the south property line. A variance is being requested to encroach an additional four and one half(4.5) feet into the existing setback. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 5 City Planner Streff commented the applicant is also proposing to construct an entrance roof/overhang on the north side of the structure fronting Ingerson Road. The addition as proposed is approximately four (4) feet in depth and eight (8) feet in length. This addition would not encroach any further into the existing setback than the existing home. At its closest point the roof/overhang would be approximately twenty-seven and one half (27.5) feet from the north property line. A variance is being requested to expand approximately four(4) feet into the existing setback. The applicant has submitted a narrative of the proposed addition, a response to the variance evaluation criteria, a survey and a site plan of the property along with building elevations. City Planner Streff stated the submitted plans and findings of fact for this variance request support a recommendation for approval. He explained the Planning Commission reviewed this case on October 9, 2013 and recommended approval on a 5-1 (Holewa) vote with the following four conditions: 1. That the project shall be completed in accordance with the plans submitted and dated September 6, 2013, as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the structure shall conform to all other regulations in the City Code. 3. That the addition shall be the same color and use the same type or similar construction materials as the existing structure. 4. That a drainage plan shall be submitted and approved by the City if the current grade of the lot is altered. An erosion control permit shall be obtained if the City Engineer determines it is necessary for the project. Councilmember Holmes expressed concern that the Planning Commission minutes from October 9, 2013, were not included in the Council's packet. She indicated the minutes would have provided the Council with further information on the Planning Case. Community Development Director Hutmacher discussed the 5-1 vote noting that the opposing vote was due to the fact that a Commissioner believed this lot was not unique in Arden Hills and that these situations should be addressed through revisions to the Zoning Code. She apologized to the Council for not having the minutes within the packet. Councilmember Holden agreed it would have been nice to have been able to review the Planning Commission minutes. Councilmember McClung reviewed his impression of the Planning Case based on the discussion held at the Planning Commission meeting. He also agreed the minutes should have been provided to the Council. Mayor Grant asked if the Council had to approve the case this evening. City Attorney Jamnik commented if the Council were to table the item, the Council would need to provide the applicant with written notification that the case was being extended. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 6 Rick Okada, Chowa Studio Architects, Inc., 2500 University Avenue West in St. Paul, commented that the lot at 1226 Ingerson Road was extremely narrow and had very little buildable area. He reviewed the proposed improvements for the property in detail with the Council. Councilmember Holden asked if the third floor could be reduced by 100 square feet. Mr. Okada explained the third floor addition was already smaller than the second floor foot print. He then reviewed the dimensions of the third floor addition. He reported that the home had no basement due to the high water table. He reported that the homeowners were looking to add more livable space above grade. Councilmember Werner questioned how long the applicants have owned the home. Mr. Okada stated the applicants have owned this home for the past 20 years. Councilmember Holden inquired how the request met the character of the neighborhood. City Planner Streff commented the property is residential and meets the zoning criteria. He reported that the surrounding homes were much larger than the home at 1226 Ingerson Road. Discussion ensued regarding the trees and screening of the property. Mayor Grant requested information from staff on the distance the deck was from the property line. City Planner Streff indicated the proposed deck addition would be approximately two feet from the property line at its closest point. Councilmember Holden expressed concern that if the City required additional right-of-way along Ingerson Court, the house would only be 10 feet from the roadway. Mayor Grant questioned how the Council wanted to proceed with this Planning Case. Councilmember McClung stated he was prepared to act on the Planning Case this evening; however, he understood if the Council wanted to hold off until the next Council meeting. Mayor Grant was also comfortable making a decision on this item. Councilmember Holmes was in favor of tabling action on the Planning Case. Councilmember Werner was willing to move forward on the matter. MOTION: Councilmember McClung moved and Councilmember Werner seconded a motion to Approve Planning Case #13-016 for two (2) variances to allow the proposed construction proiect located at 1226 Ingerson Road, based on the findings of fact and the submitted plans as amended by the conditions in the October 28, 2013,Report to the City Council. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 7 1) The first variance is being requested to exceed the Floor Area Ratio (FAR) by 313 square feet. 2) The second variance is being requested to allow flexibility in the setback regulations to expand the existing deck, construct a front entrance overhang and add sunshades to the south facing elevations of the home. The motion carried (3-2) (Holden and Holmes opposed). 7. PUBLIC HEARINGS None. 8. NEW BUSINESS A. Planning Case #13-013 Bethel University —2 Pine Tree Drive—CUP—Higher Education (Public Comments will be accepted) City lanner Streff indicated the City has received a proposal from Bethel University to obtain a ty �' p p tY conditional use permit to allow higher education as the principal use of the property at 2 Pine Tree Drive. The University has negotiated a purchase agreement in order to acquire the property from Country Financial, contingent on the approval of a conditional use permit that would allow the entire facility to be used for higher education and other general administrative uses. If approved this site would function as the east Campus for Bethel University. City Planner Streff explained the applicant has applied to expand the higher educational use at 2 Pine Tree Drive to encompass the entire 189,804 square foot facility. Their objective is to purchase the building, and as leases expire, fully occupy the structure within 5 to 15 years. Bethel University has a plan to slowly expand their higher education uses, including administrative offices, general and specialized classrooms, meeting rooms and other general educational uses into the space. Bethel University previously obtained a conditional use permit (Planning Case 413-008) from the City to occupy approximately 26,000 square feet of the County Financial building for higher education. The approval was granted for higher education but requires the University to seek additional approval for any expansion or intensification of the use. City Planner Streff stated the property located at 2 Pine Tree Drive is currently owned by Mutual Services Life Insurance Company (c/o Country Life Insurance Company) also known as Country Financial. The property is generally positioned north of Lake Josephine, south of County Road E, east of Highway 51/Snelling Avenue and west of Lexington Avenue. The property consists of three (3) parcels that total approximately forty-three (43) acres. Of the three (3) continuous parcels only the northern two have associated functions that currently relate to the proposed principle use of the property. The northern parcel which is 21.52 acres in size contains the access road off of Pine Tree Drive and the majority of the surface parking. The center parcel which is 19.16 acres in size contains the one (1) existing building and a small fraction of the surface parking. The remaining undeveloped parcel to the south is 2.43 acres in size and is made up of mainly woodlands and wetlands. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 8 City Planner Streff commented the property is located within the B-2 General Business District, where higher educational uses are permitted by conditional use permit. The property includes a five (5) story, 189,804 square foot multi-tenant office building, of which 181,432 is rentable. At this time approximately 75,000 square feet of the building is occupied by Country Financial and other tenants of the building. Approximately sixty percent (60%) of the building is currently vacant. According to the information provided by Bethel University the property would have a mixture of normal daytime office uses along with both daytime and evening classes. The University is planning for a mix of transportation modes to be used between the two campuses, including shuttle service, carpooling, personal vehicles, walking and biking. Shuttle services to and from the main campus would be provided to the students, guests, faculty and administration staff on a daily basis. A pedestrian and bicycle trail connecting the two campuses is also a desire of the University in order to provide safe routes for their entire student body. City Planner Streff reported daytime classes at the Pine Tree location would be held between the hours of 7:00 am and 5:00 pm, Monday through Friday. Evening classes would also be offered and would generally be between the hours of 5:00 pm and 9:00 pm, Monday through Thursday. Peak classroom usage, Monday through Friday, is between 350 and 500 students during daytime hours and peaks between 240 and 375 students during the evening hours, Monday through Thursday. As shown by the applicant, two scenarios have been developed to understand the use of the Pine Tree Campus in terms of its student, faculty and administrative populations. Scenario 1 indicates the likely use of the facility at full capacity would be 797 people/seats. This scenario accounts for 237 staff or faculty and 560 classroom seats. Scenario 2 suggests the maximum capacity of the facility would be 873 people/seats. This scenario indicates that 203 staff or faculty and 670 classroom seats would utilize the facility. City Planner Streff commented the current surface parking lot on the property consists of approximately 777 parking spaces, or roughly one (1) space per 260 square feet of gross building area. The zoning ordinance states that one (1) space per 250 square feet of gross floor area is required for business and professional office uses. Bethel has prepared a class scheduling analysis indicating how their staggered classroom usage mitigates the parking concern on the property. Site Data Future Land Use Plan: CMU: Commercial Mixed Use Existing Land Use: Commercial Zoning: B-2: General Business District Current Lot Sizes: 43.11 acres (3 Parcels - 2 Pine Tree Drive, 12 Pine Tree Drive, and 4300 Dunlap Street N)with an 189,804 square foot office building Topography: Relatively flat City Planner Streff reviewed the surrounding area, the Plan Evaluation and the Conditional Use Permit Evaluation Criteria. He provided the following Findings of Fact for review: General Findings: 1. The applicant is proposing a use of higher education for the facility located at 2 Pine Tree Drive. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 9 2. The proposed use within 5-15 years will encompass the entire building which is 189,804 square feet. 3. Higher education uses are permitted by conditional use permit within the B-2 General Business District. 4. No additional buildings or facilities are being planned for this property at this time. 5. In order to provide safe pedestrian movements between campuses a trail will need to be constructed. 6. The property consists of three (3)parcels of land totaling 43.11 acres. 7. Approximately 777 surface parking spaces exist on the property. 8. The proposed use will not increase the occupancy beyond the original design of the building. 9. No changes in lot coverage, landscaping, setbacks or height are being proposed. Conditional Use Permit Evaluation Findings: 1. The proposed use will occupy the existing building and parking areas during both daytime and evening hours for students, administration staff and faculty. Shared parking on the site will be used for other weekday office users. 2. The proposal will have minimal impacts on noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste. 3. The proposal will not affect drainage on the property. 4. The proposed use will not affect the population density on the property beyond the original occupancy design of the building. 5. The proposed land use complies with the intent of the zoning ordinance and is compatible with uses and structures on surrounding property. 6. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 7. The park dedication requirement does not apply in this application. City Planner Streff stated the findings of fact for this conditional use permit request support a recommendation for approval. It was noted the Planning Commission discussed this item at their October 9, 2013, meeting and unanimously recommended approval of the conditional use permit with the following twelve (12) conditions: 1. That the project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. That the permitted use shall exclusively pertain to the existing building that is 189,804 square feet in size. That any additional buildings, facilities, recreational fields or structures shall require City Approval. 3. That a trail connection shall be provided to address pedestrian movements between the University's east and west campuses. That the applicant shall work with the City to determine the best route to ensure safe pedestrian and bicycle movements. 4. That bus transit between the two campuses shall be provided to accommodate class schedules at the University. 5. That no undergraduate programs shall be implemented on the site until a shuttle service is operational between the two campuses. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 10 6. That bicycle parking shall be provided at a minimum of one (1) space per ten (10) vehicle parking spaces. 7. That vehicle parking on the site shall be provided at a minimum of (1) space per 250 square feet of gross floor area. 8. That a lighting plan shall be submitted and approved by the City and the Ramsey County Sheriff. 9. That loading/unloading zones and shuttle service routes shall be consistent with the recommendations made by SRF Consulting in the Traffic Study and Parking Analysis. 10. That the applicant will apply for City approval for any changes to exterior signage. 11. That the applicant will request an amendment to the conditional use permit for any increase in intensity of the higher education use. 12. That all Building Code and Fire Marshal requirements shall be met prior to occupancy of each area being remodeled. Based on the agreement reached between Bethel and the City in regards to the trail connection between the two campuses, staff is recommending the addition of the following condition: 13. That Bethel shall contribute up to $800,000 over a period of years towards a City constructed trail between the main campus and the new off-campus site as described in the CUP and Development Contract attached as Attachment N to this report. Matthew Pacyna, SRF Consulting Group, Inc., One Carlson Parkway in Plymouth, reviewed the traffic study completed by SRF on behalf of the City. He explained that each phase of the project was considered within the traffic study, along with parking and shuttle services. He indicated the study area focused mainly on County Road E. He focused on the number of total daily trips that were forecasted through the three phases of Bethel's proposal. The peak demands for parking were then reviewed, along with the proposed shuttle routes. Mr. Pacyna discussed the existing pedestrian and bike routes available from the main campus to the Pine Tree Drive property. The gaps within the route were noted. He reviewed the route that would improve connectivity between the two properties. Mayor Grant requested comment from the City Attorney regarding the tax implications of Bethel University locating a second campus at the 2 Pine Tree Drive property. City Attorney Jamnik indicated the City is legally precluded from making a decision regarding a land use application based on the tax exempt status of the applicant. This status is provided to the University by the constitution. He cautioned members of the public and City Council from engaging in conversations regarding the taxable status of the applicant and to confine conversation to that which would be relevant to the conditional use permit. Mayor Grant opened the meeting for public comments at 8:49 p.m. Rebecca Pederson, 3484 Glen Arden Road, reviewed a letter she sent to the City Council. She expressed concern with the proposed land use and trails. She reported she received a letter in response to her concerns from Bethel and thanked them for addressing her concerns. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 11 Patrick Mazorol, Senior Vice President for University Relations at Bethel University, thanked staff for their time in preparing tonight's presentation. He indicated Bethel wanted to continue to be a valuable asset to Arden Hills. He reported the University was 150 years old and was continuing to grow and expand its programs. He reviewed the recent national awards Bethel had received for Science and Business/Economics. Mr. Mazorol discussed how the 2 Pine Tree Drive property would allow Bethel to expand while remaining within the City of Arden Hills. He explained the trails on the property would remain open to the public. Bethel has agreed to provide the City $800,000 toward a connection trail from Bethel's main campus to the Pine Tree property. He reviewed the proposed phasing of the Pine Tree property by Bethel. It was noted Bethel had no intention of building new facilities on the Pine Tree property in the foreseeable future. Mr. Mazorol addressed one of the concerns raised by the Planning Commission concerning when undergraduate classes could begin at the Pine Tree location and the need for a shuttle service to be in place. He thanked the Council for their time this evening and for considering Bethel's conditional use permit request. Jeremy Morris, Country Financial, explained that Country Financial has had a presence in Arden Hills for a number of years and has greatly contributed to the community. He stated he was extremely grateful to staff and the City Council for considering the request from Bethel. Gregg Larson, 3377 North Snelling Avenue, expressed concern that while Bethel has no plans for further developing the Pine Tree Drive property, this issue should be further addressed by the Council. He stated it was likely that at some point in the future Bethel would be back before the City requesting approval for additional buildings or other facilities on the property. He encouraged the Council to keep its eyes open regarding this matter. He described a discrepancy between Bethel's recently completed master plan, noting it did not align with the proposed expansion onto the Pine Tree Drive property. He questioned why this proposal was not brought to the residents for discussion on how the campus expansion would affect the general public. He encouraged the Council to increase communication efforts with their constituents. Mark Arend, 1301 Canon Avenue, explained his home bordered the 2 Pine Tree Drive property. He reported four months ago, while walking the paths, he was notified that the building would be put up for sale. He was pleased when he learned that Bethel University may purchase the property. He supported the request for higher education at the Pine Tree property. John Wicklund, 4510 Keithson Drive, commented he has lived in Arden Hills for 35 years and grew up on Chatham Avenue near Bethel. He fully supported Bethel University expanding to the Pine Tree Drive property. He stated this would increase jobs in Arden Hills while improving the City's economy. Rod Larson, 1566 Royal Hills Drive, indicated he sent an email to the Council last week and appreciated the responses he received from several Councilmembers. He explained he attended Bethel and was a proud alum. He encouraged the Council to support the conditional use permit. Mayor Grant closed the public comment portion of the meeting at 9:12 p.m. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 12 Councilmember Holmes questioned where the bicycle and trail easement was located. City Planner Streff reviewed the location of the easement with the Council. Councilmember Holden asked if the undeveloped lot on the southern end of the Pine Tree property was zoned R-1. City Planner Streff commented this parcel was zoned R-1 as part of the original approval. Councilmember McClung inquired if the site had an approved landscaping or lighting plan. City Planner Streff explained the landscaping plan would have been developed between the years of 1977 and 1980. This plan would have been reviewed and approved by the Planning Commission and Council. He noted the applicant has not submitted a lighting plan. This would be required by the applicant through the conditions for approval, and would be reviewed by the Sheriff's Department. Councilmember McClung discussed the recent campus master plan completed by Bethel University reiterating that the expansion to the Pine Tree Drive property was not included. He questioned how the main campus would be altered in the future if the school were to expand to the Pine Tree property. City Planner Streff referred this question to the applicant. He explained the City has not received a revised master plan for the main campus. Mayor Grant commented that the master plan took over a year to complete and the revisions to the plan would take time given the new opportunity offered to Bethel through the Pine Tree Drive property. Councilmember Holden stated Bethel had reviewed how the master plan would be altered if the property was purchased at a work session meeting. Councilmember Holmes asked if the master plan was a governing document. City Planner Streff commented that the master plan document the Council is referring to is actually an internal planning document for Bethel and has not been approved by the Council. Mayor Grant proposed adding Attachment K as Condition 14 for approval of the conditional use permit. He asked if Bethel had plans to develop the Pine Tree site with athletic facilities. Mr. Mazorol stated there were no plans to add athletic facilities to the Pine Tree site. He commented that it would take Bethel approximately 15-20 years to fully occupy the Pine Tree building. He indicated Bethel was currently focused on building a health and wellness center on the main campus. He discussed how the additional square footage available at the Pine Tree site would allow Bethel to expand. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 13 Councilmember Holden inquired if staff had considered how the additional higher education square footage would affect the number of single-family residential rental properties in Arden Hills. Community Development Director Hutmacher stated this had not been evaluated by staff. She reported the rental registration information had been passed along to Bethel to be distributed to its students. Kathleen Nelson, Senior Vice President for Finance at Bethel University, commented the rental registration information was posted on Bethel's webpage and was available in the Student Life office. Mayor Grant commented the Council may not have time to get through all of the information this evening. He asked if Bethel had provided the City with a signage plan. City Planner Streff indicated the current signage on the property would be updated to reflect Bethel University and that no further changes were proposed at this time. Mayor Grant inquired if the proposed phasing was made a part of the conditions for approval. City Planner Streff stated that the Phasing Plan was not part of the conditions for approval. Councilmember Holmes discussed the phasing plan in further detail noting the timeframe was quite vague. Councilmember Holden suggested the classroom use not exceed the numbers and dates as stated in Phase 1. She recommended Phase II be split into two sections allowing for 3,500 square feet of classroom space in 2015-2016 with another 3,500 square feet of classroom space in 2017-2018. She indicated these numbers closely aligned with the projections from Bethel in Attachment C. She reported Phase III would then come in from 2018-2025 as written. Councilmember McClung discussed how Condition 5 was amended by the Planning Commission so that undergraduate classes could begin only after a shuttle service was put in place between the two campuses. Councilmember Holden expressed concern that students could be fully occupying the space in 2014 as the request was written and for this reason, she suggested Phase II be split into two separate phases. Councilmember Holmes requested comment from the applicant on the proposed phasing. Mr. Mazorol indicated movement to the Pine Tree property would be by program and not by a single classroom. He stated the 3,500 square feet of classroom space per phase could limit Bethel's ability to move entire programs into the facility in the coming years. Ms. Nelson added that Bethel has worked with staff extensively on the phasing. She anticipated the earliest possible beginning date for Phase 11 would be the fall of 2016. She stated it was ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 14 difficult for Bethel to provide comment on how the phasing would work as suggested by the Council as Bethel was proposing to move entire departments to the new facility and space needs may be higher than 3,500 square feet. Councilmember Holmes asked if the Council could reach an agreement with Bethel that Phase II would not begin until the fall of 2015 or 2016. Mr. Mazorol stated this was correct. Ms. Nelson reported that Bethel had no plan to occupy the Pine Tree space with undergraduate programs during the 2013-2014 or 2014-2015 school years. Classroom space would be used in Phase I for the Physician's Assistant program as of January 2014. MOTION: Councilmember Holmes moved and Mayor Grant seconded a motion to extend the Council meeting 30 minutes. The motion carried (5-0). Mayor Grant inquired if Councilmember Holden would support Phase II as presented if it was pushed back to 2015, as this would allow them more flexibility. Councilmember Holden did not support this recommendation. Councilmember Holmes commented another concern with Bethel relocating to this location is that in 2015 the County Road E bridge across Highway 51 would be closed. She indicated it did not seem fair to require the applicant to provide more specifics than the plans already provided. Councilmember Holden agreed but felt the phasing should be completed slowly to reduce the impact on the community and the adjacent property owners. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to Approve Planning Case 13-013 for a conditional use permit (CUP) at 2 Pine Tree Drive to allow a higher education use in up to 189,804 square feet in the existing office building located at 2 Pine Tree Drive, based on the findings of fact and submitted plans, as amended by the conditions of approval as presented in the October 28,2013, report to the City Council. AMENDMENT: Mayor Grant moved and Councilmember Holmes seconded a motion to add Attachment K as Condition 14. The amendment carried (5-0). AMENDMENT: Councilmember Holden moved a motion to add Condition 15 stating there would be no overnight parking (from 2:00 a.m. to 6:00 a.m.) on the property. Ms. Nelson indicated the Country Financial building was currently a multi-tenant building and those employees may work late hours. Councilmember Holden understood the main campus had a parking shortage. She did not want to see the Pine Tree property become an overnight parking lot for students living on the main ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 15 campus. She recommended employees of the building be given an employee sticker to avoid this concern. She did not want to see the site become an off-site or overflow parking lot when it was a commercial business. Mayor Grant questioned if cars parked in a private lot could be given a ticket. City Attorney Jamnik commented this would be a violation of the CUP and not a ticketable offense. He indicated the long term operations of the building were somewhat unknown and the applicant could be required to provide the Council with a parking plan for approval that would address the concerns of satellite parking. Councilmember Holmes did not feel it was necessary to restrict overnight parking at this time. She recommended that Bethel manage this issue. Councilmember Werner asked how many cars were parked on the main campus overnight. Mr. Mazorol discussed the parking situation on the main campus noting bottlenecks occur during the daytime hours. Councilmember Holden withdrew her overnight parking amendment. AMENDMENT: Mayor Grant moved and Councilmember Holmes seconded a motion adding Condition 15 which would require the applicant to submit to the City a parking plan annually for approval. Bob Revoir, Cushman and Wakefield, recommended the Council keep in mind that several of the tenants would remain in the building for the next seven years. These businesses may have overnight parking or company cars on site for several years. Mayor Grant reported the City would not ticket or tow cars parked overnight, this would instead be a violation of the CUP, which would have to be addressed by the parking plan. Mayor Grant called the question. The amendment carried (5-0). Councilmember Holmes requested another Condition be added stating the staging of the property will be Phase I — 2013-2014 as indicated in Attachment C, Phase II — 2015-2018, and Phase III would remain as written. AMENDMENT: Councilmember Holmes moved and Mayor Grant seconded a motion adding Condition 16, stating the staging of the Pine Tree Drive Property will be Phase I which will take place in 2013-2014 as indicated; and Phase II which will take place in 2015-2018. Councilmember Werner asked if the square footage would be addressed. ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 16 Councilmember Holmes recommended the proposed square footage within the phasing remain as is. Councilmember McClung and Councilmember Holden did not support this amendment. The amendment carried (3-2) (Holden and McClung opposed). AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion amending Condition 5 to read that no undergraduate programs shall be implemented on the site until a trail connection is completed between the two campuses. Councilmember Holmes commented the trail may not be completed until 2018 given the roadway improvements planned by MnDOT. She felt this amendment was over burdensome and unfair to Bethel. Councilmember McClung indicated he was concerned with the safety of the students moving from one campus to the other. He stated Bethel would have two years to complete the necessary trail connections before undergraduate programs were offered on the new campus. Councilmember Holden requested comment from SRF regarding the gaps within the trail connection. Mr. Pacyna discussed the gaps within the system noting students would still be able to travel from the main campus to the Pine Tree campus at this time. However, additional connections would increase pedestrian safety. Mayor Grant explained the $800,000 payment from Bethel for the trail connection would be phased over the next several years. He questioned if the Council wanted to extend the Council meeting an additional 30 minutes to finish discussing this item. Councilmember McClung was in favor of not finishing this item, but rather continuing it to the Council's next meeting. Councilmember Holden recommended the Council take action on the motion on the floor. Mayor Grant requested the Council extend the meeting another 15 minutes to allow for Council Comments. Councilmember McClung withdrew his motion regarding the proposed amendments to Condition 5. Councilmember Holden withdrew her second. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to extend the Council meeting an additional 10 minutes for Council Comments. The motion carried (5-0). ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 17 MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to table action on Planning Case #13-013 Bethel University - Conditional Use Permit and that it be reviewed at the November 12, 2013, Council meeting. The motion carried (5-0). B. Planning Case #13-004 — Zoning Code Amendment — Parks and Open Space District and Conservation District This item was removed from the agenda and will be discussed at an upcoming work session. 9. UNFINISHED BUSINESS None. 10. COUNCIL COMMENTS Mayor Grant was pleased to see that the TCAAP site had received MPCA and EPA approvals. This would put the site ahead of schedule. He discussed how public inquiries should be handled at City Council meetings. He then requested the upcoming newsletter have an article addressing franchise fees. Councilmember McClung commented an article would be included in the newsletter sent out at the end of December. Mayor Grant recommended two public hearings be held regarding franchise fees. He then reviewed a number of letters he received regarding upcoming events. Councilmember Holden asked if the City had a policy for communications with the newsletter committee. Councilmember McClung indicated items brought to the newsletter committee's attention were always considered, but reminded the Council that the newsletter was only published 10 times per year. For this reason, along with the limited staff, space constraints and delay in printing, some items were getting missed or delayed. He explained the newsletter committee was in need of additional writers. Mayor Grant understood the limitations and constraints of the newsletter committee and he commended them for the excellent work completed on this publication. Councilmember Holden reviewed an article she received from City Administrator Klaers regarding potential franchise fees that was printed in the Arden Hills Bulletin. It was noted this article was received by the entire Council. Councilmember Werner stated he would be having cataract surgery tomorrow and the second tH surgery would be completed on November 12 ARDEN HILLS CITY COUNCIL—OCTOBER 28, 2013 18 Councilmember McClung thanked the Mayor for his comments regarding how public inquires would be handled at future Council meetings. He then encouraged the public to get involved in the upcoming public hearing process surrounding the proposed franchise fees. ADJOURN MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adiourn. The motion carried unanimously (5-0). May Grant adjourned the regular City Council meeting at 1045 m. Amy Dietl David Grant City Clerk Mayor