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HomeMy WebLinkAbout11-25-13-R lt ,-AR�EN,HILLS Approved: January 27, 2014 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 25,2013 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: City Administrator Patrick Klaers; Public Works Director Terry Maurer; Community Development Director Jill Hutmacher; Community Development Intern Matthew Bachler; City Planner Ryan Streff; City Attorney Joel Jamnik; and City Clerk Amy Died PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item 9B under Unfinished Business be moved to the Consent Agenda as Item 5K. Councilmember Holden requested Item 5H be removed from the Consent Agenda for discussion as Item 6A. MOTION: Councilmember Holden moved and Councilmember Holmes 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, presented the Council with a letter expressing his concern with the Council's level of communication. He provided suggestions on how the Council could better communicate with the residents of Arden Hills. His first recommendation would be to broadcast the Council work session meetings for the public to view. In addition, the ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 2 microphone available for public comment should be replaced. He suggested that the City News section on the main page of the City's website be updated more frequently and include more information. He also recommended a "breaking news" box be created on the City's website. He proposed the Council provide the public greater information through the City newsletter. He encouraged the Council to take an ADD (Announce, Discuss and Decide) approach with the public. Mr. Larson discussed the proposed franchise fee. He stated that a franchise fee is tax regressive and it would not be deductible for residents. He recommended that the levy be increased and that the franchise fee not proceed. 3. STAFF COMMENTS A. TCAAP Update Community Development Director Hutmacher stated that the Snelling Avenue Arterial Bus Rapid Transit (BRT) route, which will connect the 46th Street (Blue Line) and the Snelling Avenue (Green Line) light rail stations with Rosedale Mall, is tentatively scheduled to begin operations in 2015. Stops on the BRT routes are more widely spaced than regular bus routes and bus stops have more amenities such as substantial shelters, ticket vending machines, radiant heat, and real-time bus information. Community Development Director Hutmacher explained that the Metropolitan Council has announced that it will evaluate a future extension of the Snelling Avenue BRT line from Rosedale Mall to TCAAP via Snelling and Hamline Avenues. The extension would run north on Snelling and Hamline Avenues and could serve University of Northwestern, Bethel University, the County Road E business district, Land O'Lakes and Boston Scientific. Metro Transit will conduct a study to determine the feasibility of BRT extension to TCAAP. Community Development Director Hutmacher reported that an open house to gather public feedback on the design options for the Highway 96/1-35W and County Road H/I-35W interchanges was held at the Ramsey County Public Works facility on November 19, 2013. Attendees were encouraged to view the concepts for both interchanges and ask questions of the staff present. The event was well attended with 66 members of the general public signing in at the welcome table in addition to more who were in attendance but opted to not sign-in. Staff was present from Arden Hills, Ramsey County, MnDOT, and Kimley-Horn and Associates. Community Development Director Hutmacher reported a handout was given to attendees that included a general project summary and project timeline. Sixteen boards were displayed showing area constraints, concepts for both interchanges, and a basic overview of TCAAP. Eleven comments were submitted in writing at the open house. The nature of the comments consisted mostly of concerns with bicycle and pedestrian access, access to TCAAP, pros and cons of roundabouts in general, and the construction impacts of the interchanges. Verbal feedback was generally positive about the momentum to improve the interchanges and raised concerns similar to those submitted in writing. The concept designs are posted on the TCAAP Master Plan page of the City's website. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 3 Community Development Director Hutmacher stated City Council's review of the first Master Plan draft is scheduled for December 16, 2013. The next TCAAP open house is tentatively scheduled for Wednesday, January 22, 2014. Master Plan consultants will also ask for feedback from the JDA and the Planning Commission on January 6 and 8, 2014, respectively. The final Master Plan and the draft AUAR are both expected to be completed in spring 2014. Councilmember Holmes asked how the Council could access and review the agendas and minutes of the JDA. Community Development Director Hutmacher explained that all of this information is posted on the City of Arden Hills' website. She then reviewed the items planned for the next JDA meeting. B. Transportation Update Public Works Director Maurer provided the Council with an update on the US 10 and Highway 96 road construction project. He explained that all access lanes have been opened and Lake Shore Place has been temporarily paved. Mayor Grant asked when the barrels along Highway 96 would be removed. Public Works Director Maurer anticipated that the barrels will be removed the week after Thanksgiving. Councilmember McClung expressed concern with the flashing red lights at Round Lake Road. He stated that the flashing lights at this intersection could cause traffic accidents. Public Works Director Maurer reported that he will speak with MnDOT regarding this matter. Councilmember Werner stated that he appreciates that the US 10 and Highway 96 interchange roadway improvements are completed. He explained that the new roadways are a huge improvement over the old intersection. 4. APPROVAL OF MINUTES A. September 16, 2013, Work Session B. September 30, 2013, Work Session C. September 30, 2013, Regular D. October 14, 2013, Work Session E. October 14, 2013, Regular MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the September 16, 2013, work session; September 30, 2013, work session; September 30, 2013, regular City Council; October 14, 2013, work session; and the October 14, 2013, regular City Council meeting minutes as presented. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 4 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Cancellation of December 30, 2013, City Council Meeting C. Motion Accepting the Liability Coverage Limits from the League of Minnesota Cities Insurance Trust for 2014 D. Motion to Approve Planning Case 13-004 — Zoning Amendment — Ordinance 2013-010 Conservation District and Ordinance 2013-011 Parks and Open Space E. Motion to Approve Planning Case 13-014 Lexington Station PUD Amendment Agreement F. Motion to Adopt Resolution 2013-040 Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County G. Motion to Adopt Resolution 2013-041 Setting the 2014 Recycling Fee 14 Meti,,, to ppr- lye 2014 Tree Removal re„tr.e I. Motion to Acknowledge the Application of Catholic United Financial for an Exempt Permit to Conduct a Raffle J. Motion to Approve Planning Case 12-019 — County Road E — E Street Flats Certificate of Completion K. Motion to Approve Planning Case#13-007—B-2 and B-3 Design Standards MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to approve the Consent Calendar as amended removing Item H, adding Item K and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS A. 2014 Tree Removal Contract Public Works Director Maurer stated that this item was originally on the November 12, 2013, Council agenda. At that meeting, staff was directed to negotiate a better price for private citizens for the treatment of Ash trees. This task has been completed by staff and the improved rates are included in the 2014 tree removal contract being presented to the Council this evening. Councilmember Holden expressed concern with having the requirement that all Ash trees within the City will be treated by this one proposed contractor. Public Works Director Maurer commented that the negotiated rate was an option for homeowners. Residents may contact any tree vendor to have their Ash trees treated. Mayor Grant discussed the treatment for Emerald Ash Borer noting that the City negotiated a great rate for residents interested in treating their trees. He encouraged the City to get the word out to reduce the spread of this disease while also assisting to save the City's Ash trees. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 5 MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to award the 2014 Tree Removal Contract to Precision Land and Tree. The motion carried (5-0). 7. PUBLIC HEARINGS None. 8. NEW BUSINESS A. Planning Case 13-018 Gradient Financial Site Plan Review — Sign Standard Adjustment City Planner Streff reported that this request would allow for a deviation from the Sign Code to increase the amount of wall signage on the Gradient Financial Building from sixty(60) square feet to one hundred and twenty-six (126) square feet. City Planner Streff explained that Gradient Financial has expressed concerns about the visibility of their corporate headquarters located at the corner of Lexington Avenue and County Road F. The applicant has stated that the sixty (60) square feet of wall signage that is allowed by the Code for Sign District 6 is not proportionately adequate for a structure of this size and corner lot location along two main roadways. By increasing the amount of wall signage the applicant is hoping to improve the overall appearance of the building while increasing its visibility to the traveling public. City Planner Streff stated that in order to address this concern, Gradient Financial is proposing to increase the amount of permitted wall signage by sixty-six (66) square feet for a total of one hundred and twenty-six (126) square feet. At this time, the applicant is proposing one (1) wall sign that would measure approximately twenty-one (21) feet by six (6) feet, an area of one hundred and twenty-six (126) square feet. The proposed sign would be positioned on the northeast side of the building, being primarily visible by traffic traveling north on Lexington Avenue. City Planner Streff indicated that the proposed non-illuminated wall sign would be designed with reverse channel letters constructed with aluminum and painted dark bronze. Fourteen (14) individual letters, each being two (2) feet in height, forming the name "Gradient Center"would be installed and individually fastened to the exterior of the building. In addition to this lettering, a sign measuring six (6) feet wide by six (6) feet in height would create Gradient's logo and would be installed adjacent to the text for"Gradient Center". City Planner Streff reviewed the Plan Evaluation and existing signage. He explained that the Planning Commission reviewed this application at their November 6, 2013, meeting and have offered the following findings of fact for the Council's consideration: 1. The property is located in the I-1 Limited Industrial District. 2. The property is located in Sign District 6. 3. In Sign District 6, wall signage up to sixty (60) square feet and freestanding signage up to forty-five (45) square feet is permitted. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 6 4. Gradient Financial is proposing one (1)wall sign on the northeast corner of the building. 5. The proposed signs would measure approximately twenty-one (21) feet by six (6) feet, an area of 126 square feet. 6. The proposed sign would display the Gradient logo and the text for Gradient Center with non-illuminated reverse channel letters. 7. The proposed sign is made from high quality materials that will accent the existing building facade. 8. Section 1260 of the Sign Code permits deviation from the Sign Code through the Site Plan Review process. 9. The proposed sign at 126 square feet is proportionate to the size of the principal structure. 10. The sign adjustment will not result in a sign that is inconsistent with the purpose 1-1 Limited Industrial District. 11. Increasing the amount of wall signage would not have a negative impact on adjacent properties or the City as a whole. City Planner Streff indicated that the Planning Commission reviewed Planning Case #13-018 and unanimously recommends approval of the Site Plan Review and Sign Standard Adjustment at 4105 Lexington Avenue North, based on the findings of fact and the submitted plans as presented in the November 25, 2013, Report to the City Council, as amended by the following four (4) 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 one (1) wall sign up to 126 square feet in size shall be permitted. No additional wall signage shall be allowed. 3. That the wall sign shall be comprised of individual cut letters and shall not extend more than twelve (12) inches from the wall they are attached to. 4. That the applicant shall apply for a sign permit prior to the installation of the sign. Mayor Grant asked for comments or questions from the Council. Councilmember Holden did not feel the new sign and letters were proportional to the size of the building. Mayor Grant questioned the height of the letters on Arden Woods. City Planner Streff explained that the Arden Woods letters were approximately two feet in height, which was the same as the proposed letters for"Gradient Center". Councilmember Holmes asked if the two freestanding signs would remain in place. City Planner Streff stated that the signs would remain, but the location may change. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 7 Community Development Director Hutmacher explained that the access along Lexington Avenue will be closed which led the property owner to request the sign changes to ensure the traffic along Lexington can identify the property. Nate Cote, CoBeck Construction, reviewed samples of the metal materials proposed for the Gradient sign with the Council. He explained that the sample was similar to material currently in place on the column. Mayor Grant commended the efforts of the applicant on the proposed renovations as the building will be nicely improved. MOTION: Councilmember McClunL moved and Councilmember Werner seconded a motion to approve Planning Case #13-018 for a Site Plan Review and Sign Standard Adiustment at 4105 Lexington Avenue North, based on the findings of fact and the submitted plans as amended by the four (4) conditions in the November 25,2013, Report to the City Council. Councilmember Holden commented that the proposed sign was 100% larger than the previous sign. She did not oppose the sign size being increased, but requested Condition 2 be amended to read, that one (1) wall sign up to 100 square feet in size shall be permitted. No additional wall signage shall be allowed. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to amend Condition 2 to read that one (1) wall sign up to 100 square feet in size shall be permitted. No additional wall signage shall be allowed. Councilmember Holmes asked for the size of the current wall sign. City Planner Streff indicated that the permitted wall signage in sign District 6 is sixty (60) square feet and Gradient was requesting to have a 126 square foot wall sign. Therefore, the request required a sign standard adjustment. The previous Arden Woods sign has already been removed. Councilmember McClung expressed concern with the size of the "G" and supported the amendment to Condition 2. Councilmember Werner requested comment from the applicant. Chuck Lucius, Gradient Financial building owner, explained that the sign size requested directly correlated with the loss of access to Lexington Avenue. He reviewed how traffic will have to access the property from County Road F. It was noted that the address for this building will remain 4105 Lexington Avenue. The amendment failed (2-3) (Holmes, Werner and Mayor Grant opposed). ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 8 The motion carried (5-0). B. Planning Case 13-019 Gradient Financial Site Plan Review — Accessory Structure City Planner Streff stated that Gradient Financial owns the property located at 4105 Lexington Avenue, which is zoned I-1 Limited Industrial District. The property is generally positioned north of County Road F, south of Boston Scientific, east of Hamline Avenue and west of Lexington Avenue. The applicant is proposing a 1,800 square foot(36'x50') accessory structure to be located on the property and positioned in the northwest corner of the lot. The purpose of the building is for storage of the equipment necessary for the maintenance of the property. City Planner Streff indicated that the applicant has stated that the proposed structure will be constructed on a floating slab and built with a wooden frame. The building will contain two (2) 10'x10' garage doors, one (1) 10'x12' garage door and one (1) 3'x7' service door. The proposed structure will have fourteen (14) foot tall side walls. A flat rubber roof system is being proposed on the accessory structure to mimic the roof of the principal building. At the November 6, 2013, Planning Commission meeting, the applicant proposed to construct the exterior of the accessory structure with a product that is made from fiber cement and has the texture and finished appearance of brick. The dimensions of each panel are eighteen (18) inches wide by six (6) feet in length with a thickness of 5/8 of an inch. Each panel has coverage of nine (9) square feet. After reviewing the proposed material, the Planning Commission determined that it is not compatible in appearance or quality with the material used for the principal structure on the property. It was found that the material may resemble brick or achieve the look of brick but is still inferior to the product used on the principal structure. The Planning Commission directed the applicant to work with staff to select an exterior material for the accessory structure that will meet the regulations stated in the Zoning Code. The selected exterior finish of the accessory structure would need to be compatible in appearance and quality of material used on the principal structure. City Planner Streff explained that since the Planning Commission meeting, staff has been in contact with the applicant's contractor regarding the exterior of the accessory structure. City Planner Streff reported that the Planning Commission reviewed this application at their November 9, 2013, meeting and have offered the following findings of fact for consideration: 1. Permanent accessory structures within this district are subject to a Site Plan Review and Council approval. 2. The property is located in the I-1 Limited Industrial District. 3. The proposed accessory structure would be located in the northwest corner of the lot. 4. The proposed accessory building is 36'x50', an area of 1,800 square feet. 5. A flat rubber roof is being proposed to mimic the principal building on the property. 6. The purpose of the building is for storage of the equipment necessary for the maintenance of the property. 7. The applicant has proposed an exterior finish that is constructed with fiber cement to replicate a brick appearance. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 9 8. The structure will not result in a use that is inconsistent with the purpose or intent of the Zoning Code or the I-1 Limited Industrial District. 9. The placement of an accessory structure in the proposed location should not have a negative impact on adjacent properties or the City as a whole. City Planner Streff explained that the Planning Commission reviewed Planning Case #13-019 and unanimously recommends approval of the Site Plan Review and Permanent Accessory Structure at 4105 Lexington Avenue North, based on the findings of fact and the submitted plans as presented in the November 25, 2013, Report to the City Council, as amended by the following four(4) 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 exterior of the accessory structure be constructed with a material that is compatible to the principal building and approved by the City Planner before a building permit is issued. 3. That a Grading and Erosion Control Permit shall be obtained by the applicant and approved by the City before a Building Permit is issued. 4. That the applicant shall apply for a building permit prior to any construction. Mayor Grant requested further information on the proposed building materials that would be used on the maintenance shed. Nate Cote, CoBeck Construction, explained that the white brick on the Gradient building was a non-standard brick size. He has been unable to locate this building material and he was proposing to use a metal panel on the maintenance shed; or he was willing to work with staff to find an agreeable alternative. Mayor Grant questioned if the Council supported an accessory structure on the proposed site. Councilmember Holmes supported the structure and is in favor of allowing staff to resolve the building material issue. Councilmember Werner agreed with this statement. MOTION: Councilmember Holmes moved and Mayor Grant seconded a motion to approve Planning Case #13-019 for a Site Plan Review and Permanent Accessory Structure at 4105 Lexington Avenue North, based on the findings of fact and the submitted plans as amended by the four (4) conditions in the November 25,2013, Report to the City Council. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 10 Councilmember Holden thought that the applicant had not addressed the comments from the Planning Commission regarding the building material. City Planner Streff explained that he is seeking further direction from the Council on this matter. He indicated that he was hoping to have more samples from the applicant for the Council to review this evening. Community Development Director Hutmacher stated that the Planning Commission liked the bronze panels and thought they would be complementary to the principal structure. In addition, the Planning Commission believed the dark color would assist in camouflaging the building, as opposed to a white accessory structure. Mayor Grant asked if the applicant was hoping to construct the accessory structure this winter. He questioned if the Council had time to review the matter further prior to approval. City Planner Streff commented that the deadline for the City was December 5, 2013, but this could be extended by the City for an additional 60 days. Chuck Lucius, owner of Gradient Financial, stated the Planning Commission discussed the brick building material at length at their November meeting. He commented that the building would not be built if white was the brick color required. For this reason, he is proposing to construct a bronze-clad building that would blend in with the wooded surroundings. He requested that he be allowed to work with the City Planner through the winter months to find an approved building material. Councilmember McClung stated that he did not like the idea of an accessory structure on this property. He is concerned that the structure will not fit in. He recommended that the matter be tabled to allow the applicant further time to decide on the building materials. Councilmember Holmes supported the proposal from the applicant as the proposed structure would nicely complement the primary structure. She does not want to see a white structure in the woods. Councilmember Holden questioned if the proposed building material will stand up to the wear and tear on the accessory structure. She recommended brick be used on the front face of the building. Mayor Grant supported the size and placement of the accessory structure. However, he wants to see further information from the applicant on the exterior building materials that will be used. He is in favor of tabling the matter to allow the applicant to come back before the Council at a future meeting. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to table action on this item. The motion carried (5-0). 9. UNFINISHED BUSINESS ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 11 A. Planning Case 13-013 Bethel University—2 Pine Tree Drive - CUP City Planner Streff explained that Planning Case #13-013 was continued from the October 28, 2013, City Council meeting. The City Council memo and draft minutes from October 28, 2013, are included in the packet. The Conditional Use Permit and Development Contract have been revised to reflect the amendments to the conditions as approved on October 28, 2013. City Planner Streff reported that during the meeting on October 28, 2013, the City Council reviewed a proposal from Bethel University to obtain a conditional use permit to allow higher education as the principal use of the property at 2 Pine Tree Drive. If approved, this site would function as the east Campus for Bethel University allowing the entire facility to be used for higher education and other general administrative uses. Staff provided a summary of the motions and amendments offered at the October 28, 2013, City Council meeting: 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, a letter dated October 24, 2013, from Bethel University addressing the on-site trail system, a buffer zone to residential properties, further development plans, and other Bethel-owned properties, 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. (Councilmember Holden withdrew her 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. The amendment carried(5-0). 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 201 5-2018. The amendment carried (3-2) (Holden and McClung opposed). AMENDMENT. Councilmember McClung moved and Councilmember Holden seconded a motion amending Condition S to read that no undergraduate programs shall be implemented on the site until a trail connection is completed between the two campuses. (Councilmember McClung withdrew his amendment). ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 12 City Planner Streff commented that the City received the completed application for this request on September 9, 2013. Pursuant to Minnesota State Statute, the City was required to act on this request by November 5, 2013, (60 days), unless the City provided the petitioner with written reasons for an additional 60-day review period. City Planner Streff reported that the petitioner was notified by November 5, 2013, of the City's request for an additional 60-day review period. Pursuant to Minnesota State Statute, the City must now act on this request by January 4, 2014, (120 days). The City may, at the request of the applicant, extend the review period beyond the initial 120 days. AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion to amend Condition 5 which shall read, no traditional undergraduate programs shall be implemented on the site until 2016-2017 school year. Councilmember McClung explained that the proposed amendment would ensure that the trail connection would be safely completed prior to bringing traditional students to the Pine Tree campus. Councilmember Holden supported the proposed amendment. Councilmember Holmes did not want to see this amendment proceed. She does not feel it is the City's position to decide when undergraduates could begin to migrate to this facility and recommended the proposed phasing by Bethel address this matter. Patrick Mazorol, Senior Vice President for University Relations at Bethel University, requested 2015 be the year in which Bethel be allowed to have undergraduate programs at the Pine Tree campus. He understood the safety concerns, but explained the trail will only be used four or five months out of the year. He anticipated that during the winter months the majority of students will be taking the shuttle. Mayor Grant asked if the Pine Tree property will be used for summer school. Mr. Mazorol anticipated that the main campus will be utilized for summer school. Councilmember Holden commented that the trail will be used in the winter months as students were seen walking to broom ball fields in the winter months. Mayor Grant stated that the trail will be used by both students and Arden Hills' residents when completed. The amendment failed (2-3) (Holmes, Werner and Mayor Grant opposed). Councilmember Holden referred to Attachment H in the staff report and indicated that the applicant is proposing to have 16,000 square feet of classroom space under Bethel's Likely Use Scenario. It is her opinion that of the 189,804 square feet available, only 16,000 square feet of ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 13 space should be allowed to be used for classrooms and the remainder of the space should be slated for office and administrative space. AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to allow for only 16,000 square feet of classroom space in the existing office building located at 2 Pine Tree Drive. Kathleen Nelson, Senior Vice President for Finance at Bethel University, discussed the phasing chart with the Council stating that there are likely maximum uses for the building. It is her desire to have the flexibility to determine what works best in the building after a campus master plan is completed by Bethel University. She explained that the traffic consultant reported classroom uses will generate less traffic than office or administrative space. Mayor Grant questioned how much space will be used for classroom space. Ms. Nelson reviewed Attachment I, Bethel's Maximum Capacity Scenario, stating that 19,000 square feet will be used for classroom space. However, the mix of academic space is still yet to be determined. This matter will be further resolved by the campus master plan. Councilmember Holden expressed concern that Bethel does not have a master plan in place for this location. For this reason, she wants to see the classroom square footage capped. Councilmember Werner stated that 16,000 square feet of space is only 7% of the building. He is in favor of allowing Bethel University to have some level of flexibility with regard to how the building will be used. Councilmember Holmes agreed stating that she did not support the proposed amendment. She does not feel it is fair to limit Bethel University to only be able to use 7% of the Pine Tree building for classroom space. Councilmember McClung expressed concern with how the proposed conditional use permit will impact the community. He supported limiting the classroom space and noted that the proposed amendment was in alignment with Bethel's Scenario 1. He indicated that Bethel University could always request an amendment to the conditional use permit. Mayor Grant asked if the conditional use permit for Bethel University could be expanded and/or amended. He requested comment from the City Attorney on this matter. City Attorney Jamnik explained that the current space is zoned for office space and the proposed conditional use permit would allow for a higher education use in the entire building. He indicated that the property owner could request a conditional use permit amendment if additional classroom space is required beyond the proposed 16,000 square feet. Mayor Grant commented that the proposed CUP does leave the space open ended. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 14 Councilmember Holden was in favor of having the applicant come back to the Council in the future if additional classroom space is required. This would allow Bethel time to complete another campus master plan, which could then be reviewed by the Council. Mayor Grant proposed amending the amendment to allow for 19,000 square feet of classroom space in the existing office building located at 2 Pine Tree Drive. AMENDMENT: Mayor Grant moved and Councilmember Holden seconded a friendly amendment motion to allow for only 19,000 square feet of classroom space in the existing office building located at 2 Pine Tree Drive. Councilmember Holmes questioned why the Council wanted to limit the amount of classroom space at the 2 Pine Tree property for Bethel University. Mayor Grant stated that the decision was long-term and Bethel has been a part of Arden Hills since 1965. He commented that the conditional use permit would remain in place on the property indefinitely. He did not oppose having some structure within the CUP and if Bethel's needs change in the future, an amendment from the Council could be requested. Councilmember Holden added that Bethel is uncertain of their classroom needs at this time. She commented that the proposed classroom square footage is in alignment with Bethel's current plans. Councilmember Werner indicated that the proposed 19,000 square feet would allow Bethel to use only 10% of their building for classroom space. Mayor Grant commented that this may be the case, but Bethel always has the option to come back and request an amendment to the CUP if additional classroom space is needed. Councilmember McClung indicated that higher education at this location would change the character of the B-2 zoning district, while also impacting the City as a whole. For this reason, he believes the CUP should be amended as proposed by Councilmember Holden. Councilmember Holden stated that if the entire building were turned into classroom space the site may not meet the City's parking requirements. Mayor Grant explained that the proposed amendment would allow Bethel to move forward with classroom and administrative space at the Pine Tree campus. The City and Bethel could then evaluate how things are working over the next several years, and a certain level of control would still be maintained by the City. Councilmember Holmes did not feel that the City had to limit the amount of classroom space. She wants to see the temporary classrooms removed from the main campus and the additional space on the Pine Tree campus be used. Mayor Grant questioned how much space on the Pine Tree campus had already been approved for higher education. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 15 City Planner Streff reported that 26,000 square feet had been approved for the physician's assistant program earlier this year. Community Development Director Hutmacher reviewed Phase I of Bethel's plans for the Pine Tree property, noting 9,000 square feet of the space was for classroom and the remainder was for office/administrative uses. The amendment carried (3-2) (Holmes and Werner opposed). Mayor Grant stated that the 19,000 square feet of classroom as shown in Scenario 2 will become condition number 17. AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion to add Condition 18 which would amend Attachment C, 313, addressing the trail, that Bethel will contribute $800,000 towards the cost of the trail beginning in 2015 and be fully paid by 2018. Councilmember Holmes asked if the City would be completing the trail when the bridge was reconstructed. Public Works Director Maurer stated that this may be the best time, but the exact timeline is uncertain. Councilmember Holden requested further information on the proposed timeline for the trail. City Administrator Klaers discussed the trail project in detail stating that the proposed timetable addressed the bridge plans. Mayor Grant appreciated the amendment, but finds the proposal to be aggressive. Councilmember Holden supported the plan as proposed by staff. Councilmember Werner did not support the amendment. The amendment failed (1-4) (Holden, Holmes, Werner and Mayor Grant opposed). Mayor Grant commented that the City had no guarantee that MnDOT will replace the County Road E bridge through the proposed improvement project in 2015. AMENDMENT: Councilmember McClung moved and Councilmember Holden seconded a motion stating that the first bullet of Attachment C, 313 shall read, "The City will complete construction of a six (6) to eight (8) foot off-road bike/pedestrian trail." ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 16 Councilmember McClung reported that if the State were to move construction of this project back to 2018 he did not want the City held to this project time frame through this legal document. Councilmember Holden recommended that a trail be completed up to Lindey's Park no later than 2018. Councilmember McClung wanted the language to end at the word "trail". Mayor Grant commented that this could be amended to read "up to the bridge". He requested comment from staff on how to proceed. City Administrator Klaers stated that the plan was to construct along County Road E up to the bridge in 2015 while giving the City an outer range of 2018 for the rest of the trail. The language could be open ended, but would be inconsistent with the City's responsibility to provide a trail for the residents of Arden Hills. Mayor Grant supported the language that would hold the City to completing the trail by 2018. He wants to see the trail completed for the safety of both Bethel's students and the residents of Arden Hills. Councilmember Holden wanted to see flexibility within the language to allow the City to seek grants or additional funding for the trail project. Councilmember Holmes wanted to keep the language as is and does not support the proposed amendment. The motion failed (2-3) (Holmes, Werner and Mayor Grant opposed). Mayor Grant asked for further comments from the Council regarding the CUP request. Councilmember McClung indicated that he tried to make changes and modifications that would improve the plan for this property. With these amendments failing, he explained that he would not be able to support the CUP request. It was his opinion that the Council made a mistake earlier this year by approving the previous higher education request made by Bethel University at the Pine Tree property. Councilmember Holden explained that she would be supporting the CUP request even though it is not her vision for the B-2 district. She hopes that Bethel will continue to be a good neighbor for the City of Arden Hills. Councilmember Werner stated that regarding the previous application, hindsight is 20/20, and he supports this plan as amended by the Council. Mayor Grant commented that it would be great to have Country Financial operating in this building; however, this is not the case. The Country Financial building has been largely vacant for some time. He indicated that this is a strategic decision for both the City and Bethel University. He finds Bethel to be an asset to the community, for both educational and spiritual ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 17 purposes. He is pleased that the City is able to negotiate the trail completion with Bethel for the safety of its students. He indicated that he will be supporting the CUP request this evening. Councilmember Holmes reported that she will be supporting the request. Councilmember Holden requested that the City receive a copy of Bethel's campus master plan after it is completed. Mr. Mazorol explained that he will provide the City with a copy of the campus master plan per the Council's request. He questioned if the classroom space available for Bethel University will be decreased from 26,000 square feet to 19,000 square feet through the motion approved this evening. City Attorney Jamnik explained that this is the case. He reported that all offices, labs and administrative space is not included in the 19,000 square feet. Mr. Mazorol expressed concern with the fact that Bethel's classroom square footage is being reduced from 26,000 square feet to 19,000 square feet, even after agreeing to pay $800,000 for the trail. Community Development Director Hutmacher clarified that the previously approved higher education space application included offices, classrooms and general meeting space, and that Bethel planned to use only 9,000 square feet for classrooms of the 26,000 square feet approved for higher education. She explained that the 19,000 square feet of classroom space that was being approved this evening was based on Attachment I to the Council packet which is Bethel's "Scenario 2: Maximum Capacity" chart. Councilmember Holmes stated that the previously approved 26,000 square feet was not limited to classrooms or offices; however, the 19,000 square feet approved this evening is the cap for classroom space. The motion with the amendments carried (4-1) (McClung opposed). B. Planning Case 13-007-B-2 and B-3 Design Standards This item was moved to the Consent Agenda as Item 5K. MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to extend the meeting by 10 minutes. The motion carried unanimously (5-0). 10. COUNCIL COMMENTS Councilmember Holden requested information on the gateway sign at County Road E and I- 35W. ARDEN HILLS CITY COUNCIL—NOVEMBER 25, 2013 18 Public Works Director Maurer reported that the sign has been staked and the contractor will be putting posts in soon. The electrical service is staked and will be completed next week. The sign is being manufactured at this time and should be installed by the second week in December. Councilmember Holden suggested that the minutes be forwarded to the Council in a more timely manner. She requested staff follow up on the Round Lake Road project. She asked if it is possible for the number of hits on the City's website to be tracked and if so, if that information could be provided to the Council every six months. Councilmember Holmes thanked the Community Development Department for the thorough staff reports. Mayor Grant thanked Public Works Director Maurer for his transportation updates this summer and fall. He wished everyone a Happy Thanksgiving. ADJOURN MOTION: Mayor Grant moved and Councilmember Holden seconded a motion to adiourn. The motion carried unanimously (5-0). May Grant adjourned the regular City Council Meeting at 10:0 .m. Amy Died David Grant City Clerk Mayor