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HomeMy WebLinkAbout01-27-14-R ,-ARQEN HILLS Approved: March 10, 2014 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 27,2014 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; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; Community Development Director Jill Hutmacher; Associate Planner Matthew Bachler City Planner Ryan Streff; City Attorney Joel Jamnik; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested an item be added to the agenda to allow staff to provide an update on the Highway 10/County Road 96 project under Staff Comments. MOTION: Councilmcmber Holmes and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5.0) 2. PUBLIC INQUIRIES/INFORMATIONAL Kathryn Nelson, 3475 Siems Court, provided comment on Old Snelling. She recommended that the portion of Old Snelling from County Road E to TH 51 be reconstructed when work is completed on the bridge. She stated that this section of roadway is in extremely poor condition. Ms. Nelson suggested the median be.reopened on TH 51 to allow resident's access from Snelling Avenue/Highway 51 to North Old Snelling. She recommended the City work with MnDOT on reopening this access as it would benefit both residents and emergency traffic. ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 2 A. Recognition of Years of Service and Employee of the Year Mayor Grant stated that the Employee Recognition Committee (ERC) recognized two individuals for Years of Service. The policy states that employees shall be recognized for every five (5) years of employment with the City. Employees shall receive a certificate from the City recognizing them for their years of service. The following employees were awarded certificates for achieving these milestones during 2013 and were recognized on Thursday, January 23, 2014, at the all-employee luncheon: • Sherri Eisenbraun—5 years of service • Dave Winkel—35 years of service Mayor Grant reported that the ERC also announced the Employee of the Year at an all-employee luncheon on Thursday, January 23, 2014. The 2013 Employee of the Year is Pam Sweeney of the Finance and Administrative Services Department. He reviewed Ms. Sweeney's professional qualities and thanked her for her dedicated service to the City of Arden Hills. He presented the Employee of the Year Award to Pam Sweeney. 3. STAFF COMMENTS A. TCAAP Update Community Development Director Hutmacher stated that the second TCAAP open house was held on Wednesday, January 22, 2014. Despite the frigid weather, it was a successful event with over 100 people attending. The boards displayed at the open house will be posted on the City's website. Public feedback and comments on the draft master plan are being compiled by the master planning consultants and will be presented to the City Council at a future meeting. B. Highway 10/County Road 96 Lighting Update Public Works Director Maurer stated that he spoke with resident Dave Cmiel after the last Council meeting. Mr. Cmiel had concerns regarding the lighting at the Old Highway 10/Highway 96 intersection. Mr. Cmiel referenced the Rice/36 project that has shoebox lights at a lower elevation. Mr. Maurer explained that he reviewed the Rice Street project and discussed it with Ramsey County and was told that the lights are lower due to overhead power lines. He indicated that the County has also spoken with Dave Cmiel regarding this matter. Public Works Director Maurer reported that after speaking with MnDOT, he has found that both the shoebox and Cobra lights are considered preapproved equals and have similar light spreads. The Old Highway 10/Highway 96 signal has the Cobra style lights while other intersections along Highway 96 have the shoebox style. He explained that he was waiting to hear back from Ramsey County on this matter and would provide the Council with further information at a future meeting. 4. APPROVAL OF MINUTES A. November 25, 2013, Regular City Council B. December 9, 2013, Regular City Council ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 3 C. December 16, 2013, Work Session MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to approve the November 25, 2013, regular City Council meeting minutes; the December 9, 2013, regular City Council meeting minutes; and the December 16, 2013, work session minutes as presented. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item- Claims and Payroll B. Motion to Approve Pay Equity Report C. Motion to Approve Resolution 2014-009 Appointing Commission and Committee Chairs D. Motion to Approve Planning Case 14-007 — Boston Scientific — Temporary Walk Way Extension E. Motion to Purchase Central File Storage System F. Motion to Approve Planning Commission Alternate Position Appointment MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS None. 7. PUBLIC HEARINGS A. Round Lake Road Area Improvements • Approve Resolution 2014-010 • Approve Resolution 2014-011 Public Works Director Maurer stated that at the July 29, 2013, meeting the Council hired Elfering and Associates to prepare a feasibility report for the Round Lake Road, Gateway Boulevard and Gateway Court Area. The feasibility report was received by the Council at the December 9, 2013, meeting at which time Resolution 2013-045 was adopted ordering the public hearing be held on January 27, 2014. Public Works Director Maurer explained that staff has published and mailed the notices of the public hearing required by State Statute. In addition, staff sent notices of the hearing to all tenants of the buildings in the area to keep them informed of the project. Public Works Director Maurer presented a brief history of the discussions regarding road improvements in the area. This history dates back several years. He explained that Kristie Elfering of Elfering and Associates was here to provide a presentation of the feasibility report findings. ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 4 Public Works Director Maurer commented that at the close of the public hearing it is recommended that the Council consider adopting the following two resolutions: 1. Resolution 2014-010 Ordering the Improvement for the Round Lake Road, Gateway Boulevard and Gateway Court Improvements 2. Resolution 2014-011 Approving the Plans and Specifications for the Round Lake Road, Gateway Boulevard and Gateway Court Improvements Kristie Elfering, Elfering and Associates, reviewed the Round Lake Road area improvement project timeline along with the scope of the project. She explained that the improvements would improve traffic flow while also providing utility improvements. The proposed utility improvements were further discussed noting the storm sewer in this area would be upgraded. Ms. Elfering stated that several right-of-way modifications would be made through the improvement project. It was noted the project would cost just over $2 million and would be funded through special assessments, tax increment financing (TIF), Municipal State Aid (MSA) along with the Permanent Improvement Revolving (PIR) fund, and water utility and surface water management funds. She reported that a formal assessment hearing would be held after bids were received. She anticipated that bids would be received in April with construction beginning this spring. Councilmember Holden requested that the bidding documents be completed as soon as possible to ensure the City receives a competitive response from local contractors. Mayor Grant agreed and encouraged staff to work quickly to have the plans completed. Ms. Elfering stated that the bidding documents would be completed in February. However, she explained that the project would need to be reviewed and approved by MnDOT in order for the City to use MSA funds. This approval would have to be completed prior to receiving bids. Councilmember Holmes asked if the City charged for the overlay portion of the project. Public Works Director Maurer explained that this expense was included in the project costs. Councilmember Holden questioned how the lights would be installed and maintained. Public Works Director Maurer stated that Xcel Energy would be installing and maintaining the lights for the life of the fixture, which was approximately 25 years. He estimated that the lights would be installed approximately 150 feet apart in this corridor. Councilmember McClung asked if the preliminary assessment roll figures were presented to the business community. Ms. Elfering stated that these numbers were presented to the business community. ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 5 Mayor Grant expressed concern that the final lift would not be put in place until the spring of 2015. Ms. Elfering explained that this was quite common and noted that it would allow for a full freeze/thaw cycle and trench settlement to take place on the roadway before the final lift was placed on the roadway. Mayor Grant opened the public hearing at 7:38 p.m. Chas Arend, Chief Executive Officer of Space Center, Inc., 2501 Rosegate in St. Paul, recommended the Council consider installing additional lighting on Gateway Boulevard. Mayor Grant closed the public hearing at 7:41 p.m. MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adopt Resolution #2014-010, Ordering the Improvement for the Round Lake Road Area with additional lightint for Gateway Boulevard. Mayor Grant supported the additional lighting along Gateway Boulevard being completed in conjunction with this reconstruction project. The motion carried (5- MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to adopt Resolution #2014-011, Approving the Plans and Specifications and Ordering the Advertisement for Bids for the Round Lake Road Area Improvements with additional lighting for Gateway Boulevard. Mayor Grant was pleased that the project has been well received by the businesses in the project area. Councilmember Holden recommended that staff closely monitor the utilities in this area throughout the entire project. The motion carried (5- B. City's Prioritized Bridge Replacement List • Approve Resolution 2014-012 Public Works Director Maurer stated that in December 2011, the Council hired Kimley-Horn and Associates to prepare final plans for the reconstruction of the Old Snelling Bridge. The plans are now complete. The final plan calls for the replacing of the existing bridge with two 4' x 10' box culverts. Public Works Director Maurer indicated that Kimley-Horn has been preparing an application for the City for future State Bridge Bonding funds to help with the construction cost of the new bridge. Currently, there are no Bridge Bonding funds available but MnDOT continues to prepare ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 6 a priority list for the next funding provided by the legislature. In order to submit the City's application along with our final plans to MnDOT to get a spot on the priority list, the City must adopt a resolution establishing a Prioritized Bridge Replacement list. Before the Council may consider a resolution establishing this replacement list, a public hearing must be held. The Council adopted Resolution 2014-006 on January 13, 2014, setting the public hearing for the January 27, 2014, Council meeting. Public Works Director Maurer provided a brief presentation and asked for questions from the Council and/or public. At the close of the public hearing, he requested that the Council consider adoption of Resolution 2014-012 establishing a Prioritized Bridge Replacement List which consists of one bridge; Bridge No. 4627 under Old Snelling Avenue. Councilmember Werner asked if the two box culverts were being used to offer additional strength. Public Works Director Maurer stated that the two box culverts would allow for water to flow through this area in a 100 year storm event. Councilmember Werner inquired if the weight restrictions on this roadway would change after the bridge work was completed. Public Works Director Maurer indicated that the road restrictions would be removed as it would be constructed to a 10-ton design. Mayor Grant questioned if the City had received approval of the design from the Rice Creek Watershed. Public Works Director Maurer stated that the Rice Creek Watershed had reviewed and approved the two box culvert design for this bridge. Councilmember Holden asked if the bridge number would remain in place even if culverts were used. Public Works Director Maurer stated that this was the case. Mayor Grant opened the public hearing at 7:52 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:53 p.m. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adopt Resolution #2014-012, Creating a Prioritized Bridge Replacement List. The motion carried (5-0). 8. NEW BUSINESS A. Planning Case 13-023 Arden Village Site Plan Review — Sign Standard Adjustment ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 7 City Planner Streff stated that the property at 1290 County Road F West is owned by Arden Village, LLC. The property is zoned R-4 Multiple Dwelling District and is located north of I- 694/Highway 10, south of County Road F West, east of Hamline Avenue and west of Lexington Avenue. On March 3, 2010, the City Council approved an application for a four-story, 55-unit, workforce housing development at 1290 County Road F West. The City Council approved Planning Case #09-021 for a Conditional Use Permit Amendment, Rezoning, Comprehensive Plan Amendment, Preliminary and Final Plat, and Master and Final Planned Unit Development. City Planner Streff indicated that Arden Village has expressed concerns regarding the visibility of their building for leasing purposes. The applicant has stated that the amount of temporary wall signage allowed by the Code for Sign District 3 is not proportionately adequate for a structure of this size or location. By increasing the amount of temporary wall signage, the applicant is hoping to improve their ability to fully lease the building by enhancing their visibility to the traveling public. City Planner Streff explained that two (2) temporary wall signs are being proposed for the building. The applicant is proposing a sign that measures six (6) feet by forty (40) feet, an area of 240 square feet, on the south elevation adjacent to 1-694 and Highway 10. The second sign is being proposed on the north elevation along County Road F West, at a size of six (6) feet by thirty-three (33) feet, an area of 198 square feet. The combined area of the two (2) signs would be 438 square feet. Arden Village would maintain these signs to ensure a like new condition at all times. If a sign is torn or deteriorates it will be repaired and/or replaced. City Planner Streff commented that Section 1250.02 of the Sign Ordinance regulates the use of temporary on-premise signs. The property is zoned R-4 Multiple Dwelling District, therefore, standards for Sign District 3 apply in this case. The Ordinance permits the property to have no more than one (1) temporary sign not to exceed 10 square feet in area. However, because the building currently has space for lease, the property is allowed one (1) additional temporary sign not to exceed 25 square feet in area. City Planner Streff stated that the applicant has indicated that they would like to display the temporary wall signage from the date the sign permit is issued until July 1, 2014. Under the Sign Ordinance, the property is allowed to display a permitted temporary sign for no more than thirty (30) days per calendar year. A sign advertising available space for lease in a building can be displayed until seven(7) days after the building is leased. City Planner Streff reviewed the Plan Evaluation. He explained that the Planning Commission reviewed this application at their January 8, 2014, meeting, and offered the following findings of fact for consideration: 1. The property is located in the R-4 Multiple Dwelling District. 2. The property is located in Sign District 3. 3. In Sign District 3, wall signage up to twenty (20) square feet and freestanding signage up to thirty-two (32) square feet is permitted. 4. For single occupant parcels, no more than one (1) permitted temporary sign shall be permitted at any given time. The area of the temporary signage shall not exceed ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 8 one half of the permitted wall sign area. Displayed for a maximum of thirty (30) days. 5. Buildings with lease or vacant space may obtain one (1) temporary wall sign not to exceed twenty-five (25) square feet in size. Displayed for a maximum of seven (7) days after the building is leased. 6. The applicant is proposing two (2) temporary wall signs to be located on the building. 7. The proposed temporary wall sign facing I-694 would measure six (6) feet by forty (40) feet, an area of 240 square feet. 8. The proposed temporary wall sign facing County Road F West would measure six (6) feet by thirty(33) feet, an area of 198 square feet. 9. Section 1260 of the Sign Code permits deviation from the Sign Code through the Site Plan Review process. 10. The proposed signs would be displayed from the date the sign permit is issued to July 1, 2014. 11. Sign Code regulations on the permit length of temporary signage would limit the owner's ability to effectively advertise the availability of apartment units in the building. 12. The signs would not be in direct view from residential properties. 13. The sign adjustment will not result in a sign that is inconsistent with the purpose of the R-4 Multiple Dwelling District. 14. Increasing the amount of temporary wall signage would not have a negative impact on adjacent properties or the City as a whole. City Planner Streff reported that the Planning Commission reviewed Planning Case#13-023 and unanimously recommends approval of the Site Plan Review and Sign Standard Adjustment at 1290 County Road F West, based on the findings of fact and the submitted plans as presented in the January 27, 2014, Report to the City Council, as amended by the following six(6) 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 two temporary wall signs shall be removed by July 1, 2014. 3. That the temporary wall-sign on the south elevation shall be no larger than 240 square feet. _ _ - 4. That the temporary wall-sign on the north elevation shall be no larger than 198 square feet. 5. That the applicant shall maintain the two signs in like new condition and repair and/or replace a banner if it is torn or deteriorates during the approved timeline. 6. That the applicant shall apply for a sign permit prior to the installation of the sign. Councilmember Holden asked when the applicant would receive a Certificate of Occupancy. City Planner Streff anticipated the Certificate of Occupancy would be issued sometime this spring. ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 9 Megan Carr, Arden Village, LLC, 366 South Tenth Avenue in Waite Park, discussed the construction timeline and anticipated that a Certificate of Occupancy would be applied for sometime in April. Mayor Grant asked if any leases had been signed. Ms. Carr commented that marketing efforts were beginning and explained that the requested signs would greatly assist with these efforts. Mayor Grant asked if the signage could be taken down if the building were to lease quickly. Ms. Carr stated that this was requested by the Planning Commission as well and that the Sand Company would be willing to take the signage down if the building filled quickly. Mayor Grant was pleased with the proposed market rental rates. Councilmember Holden indicated that she has received feedback that people view this building as office space. She encouraged the Sand Company to sign and market the building as leasing rental units. MOTION: Councilmember McClung moved and Mayor Grant seconded a motion to Approve Planning Case #13-023 for a Site Plan Review and Sign Standard Adiustment that would allow for a deviation from the Sign Code at 1290 County Road F West to increase the amount of temporary wall signage and the amount of time it is permitted to be displayed, based on the findings of fact and the submitted plans, as amended by the six (6) conditions in the January 27,2014,Report to the City Council. Councilmember Holden suggested a seventh condition be added stating if the building is fully occupied before July 1, 2014, that the banners be removed from the building. AMENDMENT: Councilmember Holden moved and Councilmember Werner seconded a motion amending the original motion adding Condition 7 stating that if the building is fully occupied before July 1, 2014, the banners shall be removed. Councilmember Holden thought it would be important to have these signs removed as soon as possible given the large size. Councilmember McClung supported the amendment. The amendment carried (5-0). The amended motion carried (5-0). B. Planning Case 13-017 Goodwill PUD Amendment ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 10 Associate Planner Bachler stated that in December 2012, the City Council approved Planning Case 12-019 for a Master and Final Planned Unit Development (PUD) at 1201 County Road E. This planning case allowed the reuse of the existing building on the property for 74 residential apartment units and approximately 20,000 square feet of retail space. A Certificate of Occupancy for the building was issued in October 2013. The City Council later approved a Certificate of Completion for the E Street Flats project in November 2013, which acknowledged that the developer had completed certain site improvements as required by the Development Agreement. Associate Planner Bachler indicated that the approved Master PUD consists only of the redevelopment of the existing building on the property and the completion of site improvements. A previous land use application (PC #11-011) submitted by the applicant and approved by the City Council in 2011, included a preliminary plat proposal that would have subdivided the property into two parcels. Approval for this land use application expired prior to the City taking action on Planning Case 12-019. Associate Planner Bachler reported that the Development Agreement states that the property owner intends to develop the eastern two acres of the site into retail or other commercial uses and that any future development will require a separate application to the City. Also included in the Agreement is the provision that any significant changes to the approved plans require a review by the Planning Commission and approval by the City Council. Staff has determined that the proposed project qualifies as being significant and that an amendment to the existing Master PUD is required. Associate Planner Bachler explained that since 1201 County Road E would continue to be a single parcel of property, the proposal has been evaluated based on whether the entire site will meet the zoning requirements once the new development is completed. It should be noted that the site plan was designed so that the two-acre development site would be in conformance with zoning regulations independent of the entire parcel in terms of building and landscape lot coverage. Associate Planner Bachler stated that the project is being reviewed through the PUD process, which allows the City to grant flexibility within the typical zoning code requirements. Because of this, deviations are not considered variances and the review criteria typically used for variance requests do not apply. The City is not required to grant the requested deviations if there is a rational basis for denial. Additionally, any conditions imposed by the City must have a rational basis related to the expected impacts of the development. Associate Planner Bachler noted that the applicant has proposed constructing a 1.7,743 square foot retail building that would be located on the undeveloped two acre eastern portion of 1201 County Road E. TAT Properties has been working with Goodwill Industries and plans to sign a long-term lease with the company for use of the building. If the proposal is approved, work on the site is expected to begin in April or May of 2014, with an anticipated construction completion schedule of six months. Associate Planner Bachler indicated that the building would be situated at the southeast corner of the lot and would be accessed using the easterly driveway on the property that currently services E Street Flats. Slightly more than half of the building area would be used for retail sales, ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 11 with the remaining space divided between offices and a conference room, a donation processing area, and a drive-thru donation center. Parking areas would located behind and adjacent to the building and would be screened from view from County. Road E with landscaping and a decorative fence. The loading area would be on the backside of the building and would be enclosed with an eight-foot tall metal screen and gate. Associate Planner Bachler commented that light tan and grey brick would be used as the principal exterior building material. EIFS is proposed as an accent material and would be located along the upper portion of each fagade. Architectural features would extend along all four sides of the building. Specific design elements include parapets, corner columns, fagade articulation, awnings, windows, and variation in building materials. The proposed landscaping plan includes trees, shrubs, and perennial flowers planted throughout the site with a particular focus along Lexington Avenue. The applicant has submitted a project narrative and a complete plan set. Planning Associate Bachler reviewed the plan evaluation in detail with the Council. He explained that the Planning Commission reviewed Planning Case 13-017 at their regular meeting on January 8, 2014. A public hearing for this case was held at the meeting. At that time, no comments were submitted by residents or business owners in regard to the proposal. Staff has received several email inquiries about the project. The Planning Commission offers the following twelve (12) findings of fact for consideration: 1. The property is located in the B-2 General Business District. 2. The City has adopted the Guiding Plan for the B-2 District that outlines future development principals for the area. 3. The City has adopted additional Design Standards for the B-2 District within the Zoning Code. 4. The Master PUD at 1201 County Road E was approved by the City on December 21, 2012, in Planning Case 12-019. 5. The Master PUD Development Agreement requires that any significant changes to the approved plans be reviewed by the Planning Commission and approved by the City Council. 6. The applicant is requesting approval of an Amendment to the approved PUD to construct a 17,743 square foot retail building on the southeast corner of the property at 1201 County Road E. 7. The PUD process allows for flexibility within the City's regulations through a negotiated process with a developer. 8. The proposed PUD Amendment is in substantial conformance with the requirements of the Zoning Code and the B-2 District Design Standards. 9. Where the plan is not in conformance with the Zoning Code, flexibility has been requested by the applicant and/or conditions have been placed on an approval that would mitigate the nonconformities. 10. The property is located in Sign District 5. 11. The proposed PUD Amendment is in conformance with the requirements of Sign District 5 of the Sign Code. 12. The proposal is not anticipated to adversely affect the immediate area or the community as a whole. ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 12 Associate Planner Bachler explained that the Planning Commission recommends approval (5-1, Bartel dissenting) of Planning Case 13-017 for a Planned Unit Development Amendment at 1201 County Road E based on the findings of fact and the submitted plans in the January 27, 2014, Report to the City Council, as amended by the following twenty-two (22) conditions: 1. The project shall be completed in accordance with the submitted plans 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. An amendment to the Development Agreement shall be prepared by the City Attorney and subject to City Council approval. The document shall be executed prior to the issuance of a grading and erosion control permit. 3. The applicant shall obtain a building permit within one year of the PUD Amendment approval or the approval shall expire unless extended by the City Council prior to the approval's expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 4. The applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of a grading and erosion control permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank, and be in a form acceptable to the City. The purpose of the letter of credit is to ensure that site improvements are completed in the event that the developer defaults on the Development Agreement. 5. The applicant shall submit a cash escrow in the amount of 25 percent of the estimated costs of site improvements including grading, utilities, and paving, prior to the issuance of a grading and erosion control permit. The escrow will be used for City costs related to review, approval, and inspection of site improvements or any costs incurred by the City in the event of a developer default. 6. The applicant shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a grading and erosion control permit. The financial surety shall be in the form of a letter of credit issued by a FDIC-insured Minnesota bank. The purpose of the letter of credit is to ensure that landscaping is completed in the event that the developer defaults on the Development Agreement. The City will hold the letter of credit for two years after the installation of landscaping. The letter of credit should not expire during the two-year period. 7. The applicant shall submit a cash escrow in the amount of 25 percent of the estimated costs of landscaping prior to the issuance of a grading and erosion control permit. The escrow will be held by the City for two years after installation of landscaping and used for City costs related to review, approval, and inspection of landscaping, or developer default. _ 8. The applicant shall complete a sidewalk segment along the north side of County Road E from Lexington Avenue to the easterly driveway into 1201 County Road E. The City is currently holding $50,000 in escrow from the property owner for the completion of sidewalk improvements by the City along the entire length of the 1201 County Road E property. The City will return a portion of this escrow to the applicant based on a calculation of the estimated cost for the City to complete the ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 13 remaining sidewalk between the easterly driveway and the western border of the 1201 County Road E property. 9. The plans shall be subject to Fire Marshall and Ramsey County Sheriff approval prior to the issuance of a building permit. 10. A lighting and photometric plan shall be reviewed and approved by the City and the Ramsey County Sheriff prior to issuance of a building permit. 11. Upon completion of grading and utility work on the site, a grading as-built and utility as-built shall be provided to the City for review. 12. The applicant shall provide the City with a copy of the NPDES construction permit required for the site. 13. The applicant shall acquire a Right-of-Way permit from Ramsey County for any work completed in the County Road E and Lexington Avenue Right-of-Way. 14. A fire hydrant shall be located within 150 feet of F.D.C. 15. A Fire Department lock box shall be provided on the site. 16. All spandrel glass used on the retail building shall be light grey or another color that closely matches the appearance of the transparent glass being used. 17. Roof-mounted mechanical equipment shall be completely screened from the ground-level view of adjacent properties and public streets. 18. The property owner shall coordinate with the City to ensure that any plantings in the gateway sign easement area do not conflict with the City's use of the easement. 19. Any future subdivision of the property at 1201 County Road E shall be conditioned on the prohibition of direct access to Lexington Avenue or new access to County Road E. The existing County Road E access may be relocated with City and County approval. 20. The metal screen and gate around the loading area shall be light tan to match the color of the brick used on the building fagade. 21. On-site wayfinding signage shall be installed to clearly identify the donation drop- off location. 22. The four (4) dashed parking spaces as shown on the AS 100 Site Plan shall be removed in order to accommodate truck maneuvering on site and access to the loading area. Mayor Grant thanked Associate Planner Bachler for his presentation and asked the Council if they had any questions or comments. Councilmember Holden asked if the property owner could subdivide the lot further without City approval. Associate Planner Bachler explained that a subdivision would require review and approval by the City Council. City Attorney Jamnik advised that a subdivision would need to meet City setback requirements or a variance would also have to be requested. Councilmember Holden requested further information regarding the transparency requirements. ARDEN HILLS CITY COUNCIL-JANUARY 27, 2014 14 Associate Planner Bachler discussed the transparency requirements and noted that the applicant had not met the City's standards and was requesting flexibility. He reviewed the locations on the building that would have spandrel glass windows. He reported that the proposed spandrel windows would be a lighter gray than was used by Walgreens on Lexington Avenue. Mayor Grant questioned if 138 cars per hour was a reasonable estimate for this site. Associate Planner Bachler indicated that this was the estimated number of trips for the midday and evening peak hours and that the proposed development was expected to generate between 1,000 to 1,500 daily trips. Mayor Grant requested further information on how truck traffic would maneuver through the site. He had concerns with the safety of truck traffic entering and exiting the site. Associate Planner Bachler discussed how trucks would maneuver through the site as it was currently designed. Councilmember Holden stated that the property owner would be leasing the building to Goodwill; however, this lease could end and a different tenant could occupy the building. This new tenant could have an impact on the traffic patterns and number of trucks entering and exiting the site. Councilmember McClung expressed concern with the lack of screening on the north side of the building. The lack of screening would give passing traffic a clear view of the donation area. Associate Planner Bachler commented that the landscaping for the site was not included on the presented slides. He reviewed the landscaping plan in further detail with the Council. Mayor Grant asked if staff considered higher screening around the loading dock. Associate Planner Bachler stated that this was not considered by staff, but if this was a concern of the Council, an additional condition for approval could be added. Coudcilmember Holden-asked-if-the-proposed-metal-fence-around the loading-area-met the B--2- design standards. Associate Planner Bachler indicated that the proposed fence did meet the B-2 design standards. He noted that the Planning Commission recommended the fence be painted to match the color of the building fagade. Councilmember Holden requested further comment from staff regarding Conditions 19 and 20 as presented to the Planning Commission. Associate Planner Bachler reported that these conditions were put in place to address the concerns with how truck traffic could potentially block traffic or cause congestion along County Road E and read as follows: ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 15 19. No semi-trailer trucks shall enter or exit the site between the hours of 6:00 A.M. and 10:00 P.M. 20. For twelve (12) months following the issuance of the Certificate of Occupancy, the owner/developer may operate without regard to the condition regarding hour restrictions for truck operations (Condition #19). At the end of that period, the City at its discretion may in writing extend the exception to the restriction, allow it to expire, or process a permanent amendment to the PUD. Associate Planner Bachler stated that there was also concern with how the truck traffic would impact pedestrians. He explained that Condition 19 would limit truck traffic during daytime hours. Councilmember Holmes commented that the Planning Commission's concern with restricting the times to overnight hours was in regard to how the truck traffic would impact the residents at E Street Flats. The Planning Commission believed that this condition was too restrictive. She reiterated that Goodwill is anticipating having three to five trucks per week. Councilmember Holden requested comment from staff on the traffic study as she did not believe traffic along Lexington Avenue has been decreasing. Matt Pacyna, SRF Consulting, 1 Carlson Parkway, Minneapolis, MN, explained that new data was collected in December 2013 during the mid-day and evening peak hours on a Tuesday, Wednesday or Thursday. These volumes were compared to the most recent historical data collected, which was from 2009. Comparing the data sets, the traffic volumes have decreased. Mayor Grant inquired if the traffic study took into consideration any other economic growth in the area and how this would affect traffic. Mr. Pacyna stated that additional redevelopment was not considered in the study. Councilmember Holmes asked if cars entering and exiting the site would have difficulty with the proposed turning radius. Mr. Pacyna commented that he had reviewed the site circulation and found that passenger vehicles could make the proposed maneuvers without hindering traffic. Mayor Grant questioned if the consultant would align the access point in the same manner as it was being proposed. Mr. Pacyna stated that the access point was aligned with the access to the south for Arden Plaza and this reduced the number of conflict points. He indicated that the only option would be to move the access point to the east, which would create a right-in, right-out situation. Councilmember Holmes inquired if the site could accommodate trees along County Road E at the south side of the parking lot so that the site more closely aligned with the B-2 design standards. ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 16 Associate Planner Bachler reviewed the landscaping plan in further detail noting that the site had three existing trees along County Road E. He reported that one additional tree would be planted at the southwest corner of the building and that these trees would provide screening between the roadway and the parking lot. Councilmember Holmes asked if any trees could be planted in front of the building on County Road E. Associate Planner Bachler stated that this would be difficult as the building was set at the front setback line along County Road E and there would be a sidewalk and utility easement in the area between the building and road right-of-way. He reported that the County typically did not allow for tree plantings in their right-of-way. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to deny Planning Case 13-017 for a Planned Unit Development Amendment at 1201 County Road E, due to the proposed size of the building, the traffic circulation, congestion and parking issues. Councilmember Holden expressed concern with the size of the building proposed for this site along with the truck traffic coming to and from the property. She felt this was not the right use for this parcel. Councilmember Werner also had concerns with the proposed size of the building. Mayor Grant stated that the overall size of the building and the location on the lot was also a concern for him. He explained that the parcel was unique, as it was surrounded by roadways and the railroad. In addition, the Goodwill is anticipated to generate a large number of trips per day. He was in favor of a less intensive use locating on this site. He had concern with the traffic entering and exiting the property. Councilmember McClung reported that this corner was currently vacant and he agreed with the comments made thus far. He found the use to be too intense and the building too large given the constraints of the location. He also had concerns with the proposed semi-truck traffic. For these reasons, he could not support the proposal. Councilmember Werner supported the conversion of the Holiday Inn, but would not be supporting a building of this size on the corner of this property. Mayor Grant wanted to see this corner developed and noted there were uses that would better suit the site. He found the Goodwill building and intensity to be too much for the corner of this lot. Mayor Grant asked the applicant if he would like to address the Council. Rob Davidson, TAT Properties, approached the podium and thanked the Mayor and Councilmembers. He indicated that he was surprised at the reaction he was getting tonight. He stated that he and his associates have worked really hard with City staff to design a building that ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 17 complies with virtually every underlining zoning requirement in the B-2 District; including size. He noted that the size of the proposed building is well within the size parameters of the underlying zoning. For the past two or three months, a lot of work has gone into designing a building that would meet the B-2 district standards and what has been designed is a building that would be situated at the property setback line; a building that is brick and glass in character; and a use that has a minimal impact on the community. Mr. Davidson indicated that as the Council rightly points out, this is a tricky site. Access has been limited to County Road E because the County does not want access to Lexington Avenue. As a consequence of the access being directed to County Road E, there are a limited number of users whose business can work in that kind of environment in a retail district. He noted that the site and its access have worked for 25 years with a restaurant, a hotel, and a banquet center that have utilized all kinds of trucks. He noted that there is an exit to the west of this site, but to his knowledge, this particular access has been used for years without any adverse impact to the community; therefore, he is unclear about the access issue. He believed there is no access problem as trucks are currently servicing the retail component on the site. He is distraught that the zoning code is being ignored because there is an opinion that a building is too big. He noted that Ramsey County approved the access to the site, as did the traffic consultant and City staff. He is disheartened that a wonderful use that could help revitalize County Road E is being rejected because of a perceived traffic issue, and he is also disappointed that this proposal has not been embraced by the Council since it does meet the heart and soul of the B-2 District. Mayor Grant reiterated that the size of the proposed building was previously discussed by the Council at a work session (on November 18, 2013) with Mr. Davidson. It should not come as a surprise that the Council did not support the size of the building. Mr. Davidson reported that the proposed building met the B-2 Design Standards and setback requirements. In addition, the building size met the City's zoning requirements. Councilmember Holden questioned why the Council held work sessions with developers to provide input on potential developments when Council comments were not heeded. She appreciated the work completed by staff and the developer on this site; however, she did not support the PUD amendment. Councilmember McClung agreed stating each of the concerns raised this evening were brought to the developer by the Council at a previous work session. He explained that the developer took no initiative to mitigate any of these concerns. The motion carried (L2 City Attorney Jamnik reported that he would be drafting findings for the Council to approve at its next meeting as part of this case. 9. UNFINISHED BUSINESS None. ARDEN HILLS CITY COUNCIL—JANUARY 27, 2014 18 10. COUNCIL COMMENTS Councilmember Werner stated that Metro Cities would be holding a Water Forum this Thursday at the New Brighton Community Center. Councilmember Holmes stated that on January 23`d she represented the City at the grand opening of Title Boxing Club. She discussed the boxing club and encouraged the public to check out this new business. Councilmember McClung stated that the Ramsey County League of Local Governments would be holding a meeting with local representatives at the end of the month and encouraged the entire Council to be in attendance. He reported that he would be in attendance. Mayor Grant thanked all who were able to attend the TCAAP open house on January 22, 2014. ADJOURN MOTION: Mayor Grant moved and Councilmember Werner seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Grant adjourned the regular City Council meeting at 9:36 p.m. The Council adjourned to a special work session to discuss TCAAY and franchise fees. t � Amy Dietl David Grant City Clerk Mayor