Loading...
HomeMy WebLinkAbout10-27-14-R �-AI �EN HILLS Approved: December 8, 2014 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 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; Public Works Director Terry Maurer; Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; City Attorney Joel Jamnik; and City Clerk Amy Dietl PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. STAFF COMMENTS A. TCAAP Update Community Development Director Hutmacher stated that the original schedule for Regulations and Policies anticipated that the City Council would be providing final comments on the draft zoning on November 17, 2014. At this point, that appears unlikely and additional meetings will be needed to finalize the TCAAP zoning. Staff is working on revising the schedule which will likely ARDEN HILLS CITY COUNCIL— OCTOBER 27, 2014 2 include continuing zoning meetings into 2015. Remaining topics for City Council discussion and final approval include: • JDA Governance Process • Density and Mix of Uses • Residential Design Standards • Office/Retail Design Standards • Flex Office Design Standards • Gateway Overlay Design Standards • Exterior Materials • Street Design and Right-of-Way Requirements • Landscaping Requirements • Open Space Standards • Table of Permitted Uses • Comprehensive Plan Amendment and Future Land Use Map • Other topics as identified by the City Council Community Development Director Hutmacher explained that the November 3, 2014, Gateway Planning work session had been postponed so that the City Council can have a discussion with a retail developer and begin a policy discussion regarding the Comprehensive Plan's Future Land Use Map. Staff and consultants are scheduling work for the regulations and policies component of the master planning process. October 27, 2014, Special Work Session at 5:30 pm, Community Room • Water and Sewer System Update (Infrastructure) • Discuss Residential Densities and Chapters 4-5 (Definitions, Schedule of Uses) November 3, 2014, Special Work Session at 6:00 pm, Council Chambers • Discussion with Retail Developer • Future Land Use Map Policy Discussion • Discuss Chapter 8 (Street Design Standards) Staff noted additional regular and special work session meetings will be scheduled to discuss regulations and policies, the infrastructure study, and other TCAAP issues. Topics for future meetings will be identified as those dates draw nearer. 4. APPROVAL OF MINUTES A. September 8, 2014, Special City Council Work Session B. September 8, 2014, Regular City Council C. September 15, 2014, City Council Work Session D. September 22, 2014, Special Closed City Council Work Session E. September 29, 2014, Special Closed City Council Work Session ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 3 Councilmember Holmes requested a change to the September 8, 2014, regular City Council minutes. She noted that on Page 2, her comment should state that she requested a more interactive presence in Arden Hills' neighborhoods. MOTION: Councilmember Holmes moved and Mayor Grant seconded a motion to approve the September 8, 2014, special City Council work session minutes, the September 15, 2014, City Council work session minutes, the September 22, 2014, special closed City Council work session minutes; and the September 29, 2014, special closed City Council work session minutes as presented; and the September 8, 2014, regular City Council meeting minutes as amended. The motion carried unanimously (5-0). 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll 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 None. 8. NEW BUSINESS A. Cable Franchise Extension Amendment and Cable Franchise Transfer Michael Bradley, Bradley Hagen & Gullilson, reported that at the Cable Commission's October 9, 2014, meeting, the NSCC approved a franchise extension agreement and recommended to the member cities to approve the extension of the cable franchise through December 31, 2016, as well as, to approve the transfer of the franchise to Midwest Cable/GreatLand Connections. He outlined some of the key points in the franchise extension agreement. The main reason for the extension is to give both parties more time to reach agreement on the terms for a new franchise. Mr. Bradley reviewed an ordinance that approves the franchise extension until December 31, 2016, and a resolution that conditionally grants the transfer and control of the franchise and television system from Comcast to GreatLand Connections. He recommended that the City Council adopt Ordinance 2014-007, a cable television franchise ordinance amendment. In addition, it was recommended that the City Council adopt Resolution 2014-052, a resolution conditionally granting the consent to the transfer of control of the cable television franchise and cable television system from Comcast Corporation to GreatLand Connections, Inc. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 4 Mayor Grant asked if the other member cities would be voting on the same cable franchise amendment and cable franchise transfer. Mr. Bradley stated that this was the case. Craig Wilson, Arden Hills' North Suburban Cable Commission representative, explained that the franchise extension was a good thing for the member cities. He indicated that the extension would allow the franchise to remain status quo through 2016. Councilmember Holmes questioned if GreatLand Connections would be a subsidiary of Comcast. Mr. Wilson understood that Comcast shareholders would have ownership of GreatLand Connections and Comcast Corporate would not have control over this company. He reported that GreatLand Connections would be the fifth largest cable company in the United States. MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to adopt Ordinance 2014-007, a cable television franchise ordinance amendment. The motion carried (5-0). MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to adopt Resolution 2014-052, a resolution conditionally granting the consent to the transfer of control of the cable television franchise and cable television system from Comcast Corporation to GreatLand Connections, Inc. The motion carried (5-0). B. Proposal from Kimley Horn for Design Services — Mounds View High School Trail Public Works Director Maurer provided the Council with a brief history on the Mounds View High School Trail. He explained that this item has been in the City's CIP for a number of years. He commented that this project was coming up at this time because MnDOT was rebuilding the bridge at County Road F with a 10-foot pedestrian facility in 2015. He reported that New Brighton would be constructing pedestrian facilities on the west side of I-35W. He commented that there would be cost savings through the coordinated efforts of all of the agencies involved. Public Works Director Maurer stated that the Mounds View School Board has discussed the trail segment and was supportive. He recommended that the Council accept the proposal from Kimley Horn for design services for the Mounds View High School Trail. Mayor Grant asked if a retaining wall would still be needed for the trail segment. Public Works Director Maurer anticipated that a retaining wall would be needed. He believed that the retaining wall would be minimized due to the fact that MnDOT was adding curb and gutter to the roadway, in addition to that fact that the bridge would be pushed slightly to the north. Councilmember Holden questioned if the school district could be assessed for this project. ARDEN HILLS CITY COUNCIL— OCTOBER 27, 2014 5 Public Works Director Maurer stated that this was the case and that he had offered that to school district staff if it would make the project more palatable. He reported that staff could prepare the necessary legal documentation to assess a portion of this project. Councilmember Holmes commented that the 621 Foundation may be another option to assist with the expense of this project. She inquired how far the proposed trail would extend from the bridge. Public Works Director Maurer indicated that the proposed trail segment would bring a trail from the bridge to the existing Mounds View High School sidewalk. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to authorize the hiring of Kimlev Horn and Associates for design services on the Mounds View High School Trail for a cost not to exceed $47,800. The motion carried (5-0). C. Lexington Avenue Improvement Cooperative Agreement Public Works Director Maurer stated that the I-694 MnDOT project a few years ago closed the I-694 access to and from Snelling Avenue, which put more pressure on the freeway access provided by Lexington Avenue. In response to this, Ramsey County has been working on a project to improve the traffic flow of Lexington Avenue from just south of I-694 to north of County Road F; including intersection improvements at County Road F. The project includes left turn lanes from County Road F on to Lexington Avenue; dual left turn lanes from Lexington Avenue on to County Road F; medians on Lexington Avenue between I-694 and County Road F (these turn lanes will allow all existing movements except left turns out of Gramsie Road to southbound Lexington Avenue); Rice Creek Watershed required storm water treatment; and finally, a concrete overlay of Lexington Avenue. Public Works Director Maurer reviewed a Cooperative Agreement from Ramsey County for the project. He explained that the City's contribution to this project was approximately $250,000 which would be divided between land acquisition, which is estimated at about $185,000, and construction expenses in the amount of $63,000. The City costs are all in accordance with the Ramsey County Cost Participation Policy. He reported that all of the City costs should be MSA fundable. The County has also agreed not to invoice the City for any costs until March 15, 2016. Staff believes that this project is needed and will benefit Arden Hills' residents and businesses. Staff recommends approval of the Cooperative Agreement for the Lexington Avenue improvements. Councilmember McClung asked if the proposed dual left turn lanes on Lexington Avenue would allow for the widening of County Road F. Public Works Director Maurer explained that County Road F would be widened to receive the traffic; however, he was uncertain of the length of this widening. He indicated that he would discuss the plans further with Ramsey County and report back to the Council. Councilmember Holmes questioned if the County would have a cooperative agreement with the City of Shoreview. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 6 Councilmember Holmes questioned if the County would have a cooperative agreement with the City of Shoreview. Public Works Director Maurer stated that this was the case. Councilmember Holmes suggested that staff investigate the current level of MSA funding available to cover the expense for this project. Public Works Director Maurer noted that he would be reporting back to the Council in December on the MSA funding status. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve Ramsey County Cooperative Agreement PUBW2014-03R for the Lexington Avenue/County Road F improvement planned to be undertaken by Ramsey County in 2015. The motion carried (5-0). D. Planning Case 14-030—Site Plan Review—Gradient Financial 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 has requested a Site Plan Review to reconfigure the existing parking lot on the property to allow for the rearrangement of parking areas, relocation of the access along County Road F West, closure of the access along Lexington Avenue North and other internal modifications that will maximize efficiency of the parking and driving areas on the site. City Planner Streff explained that the applicant is proposing to reconfigure the existing parking lot on the property in order to provide better accessibility to the front entrance of the Gradient Financial building and to plan for Ramsey County's future reconstruction of the Lexington Avenue North and the County Road F West intersection. The improvements to this intersection will result in the loss of parking spaces and the vehicle access along the eastern side of the property. The County's project in this area is anticipated to begin during the 2015 construction season. As indicated by the applicant, a two phased approach would be used in order to complete the proposed project. In the fall of 2014, during Phase 1, the western half of the parking lot would be reconstructed. Construction of Phase 2 is proposed to be completed in 2015, and will include the remaining eastern half of the parking lot. City Planner Streff commented that in Phase 1 of construction, a new access off of County Road F West would be constructed slightly to the west of the existing access in order to align the new access with the new driveway section being constructed up to the front entrance of the building. The proposed design is intended to better facilitate traffic movements within the site and to orient drivers towards the front of the building. As part of the new driveway design, a one-way traffic circle is being proposed to move drivers more efficiently towards the front entrance before transitioning to a parking space within the parking lot or to the front drop-off location. During Phase 1, new parking spaces would be created along the southwestern edge of the parking lot to make up for the spaces lost during the construction of the new entrance off of County Road F West and closure of the access in Phase 2 along Lexington Avenue North. The modifications ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 7 being made to the parking lot in Phase 1 are being completed in order to accommodate the roadway expansion project proposed by Ramsey County at the intersection of Lexington Avenue North and County Road F West. City Planner Streff reported that during Phase 2 of construction, the secondary driveway along Lexington Avenue North would be permanently closed so that a right turn lane onto County Road F West can be constructed. The roadway expansion project would result in the removal of additional parking spaces along the eastern side of the property. The removal of these parking spaces is critical to the plans as this additional space is needed for the new turn lane and landscaping buffer along Lexington Avenue North. Phase 2 includes new parking spaces along the north property line and around the rain garden that is proposed to be constructed within the old driving lane that provided access out to Lexington Avenue North. City Planner Streff reviewed the Plan Evaluation and provided the following findings of fact: General Findings: 1. The property is located in the I-1 Limited Industrial Zoning District. 2. The lot is 226,098 square feet in size with approximate dimensions of 640 feet in width, and 350 feet in depth. 3. The property currently consists of a principal building 24,006 square feet in size and an accessory structure 1,800 square feet in size. 4. Ramsey County is proposing traffic improvements along Lexington Avenue North and County Road F West. 5. The property currently has access off of both Lexington Avenue North and County Road F West. 6. In Phase 1 of construction the access off of County Road F West and the driveway that provides access to the front of the building will be moved slightly to the west of its current location. 7. In phase 2 of construction the access off of Lexington Avenue North will be closed. 8. That the construction of Phase 1 is planned for the fall of 2014, and the construction of Phase 2 is planned to commence once the County finalizes their plans and/or begins the roadway improvement to Lexington Avenue and County Road F West. 9. The Zoning Code requires 288 parking spaces for this use. 10. The parking lot currently contains 276 parking spaces. 11. After completion of Phase 2 the parking lot will contain 267 parking spaces with 5 additional proof-of-parking spaces for a total of 272 parking spaces. 12. The proposed lot coverage is within the zoning district requirements. City Planner Streff explained that the findings of fact for the Site Plan Review support a recommendation for approval. However, if the City Council chooses to deny the request then the findings of fact would need to be amended to reflect the reasons for the denial. He reported that the Planning Commission reviewed Planning Case 14-030 and unanimously recommended approval (5-0) of the Site Plan Review for the property located at 4105 Lexington Avenue North, based on the findings of fact and the submitted plans as presented in the October 27, 2014, Report to the City Council, as amended by the following seven(7) conditions: ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 8 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 exact location of the new access along County Road F shall be approved by Ramsey County and the RCWD. That all curb cuts along the County Road shall be a minimum width of twenty-six (26) feet or a maximum width of thirty-two (32) feet. 3. That 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 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 approved plan. 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. 4. That the final tree and landscaping plan shall be approved by the City before the issuance of the grading permit to ensure that the plan meets the landscaping regulations stated in Section 1325.05 of the City Code. 5. That any newly created parking space or parking area shall meet the parking regulations stated in Section 1325.05 of the City Code. 6. That a lighting and security plan shall be submitted and approved by the City and the Ramsey County Sheriff. At a minimum it shall meet the requirements stated in Section 1325.50 Subd. 3 of the City's Zoning Code. 7. That a Grading and Erosion Control Permit shall be issued by the City before the commencement of any construction, grading or disturbance of soil within the parking lot area. Mayor Grant thanked Ryan for his staff report and asked if the proposed plan was reviewed by the Fire Department. City Planner Streff did not believe that the Fire Department reviewed the parking lot plan, but this could be a made a condition for approval. MOTION: _Mayor Grant moved and Councilmember McClung seconded a motion to approve Planning Case 14-030 for a Site Plan Review to reconfigure the existing parking lot at 4105 Lexington Avenue North, based on the findings of fact and the submitted plans, as amended by the seven (7) conditions in the October 27, 2014, Report to the City Council, also requiring the plan to be reviewed and approved by the Lake Johanna Fire Department. Councilmember Holden did not support the additional requirement. Mayor Grant understood her concern. He stated that in the future it would be ideal to have had the Fire Department and Ramsey County Sheriff review the case prior to coming to the City Council. Councilmember Holden asked if the applicant had submitted a lighting plan. ARDEN HILLS CITY COUNCIL— OCTOBER 27, 2014 9 City Planner Streff reviewed the lighting plan with the Council and noted that Ramsey County had recommended several revisions. These changes would need to be made by the applicant before final approval could be made. Councilmember Holden stated that she would not be supporting the planning case due to the fact there were too many outstanding items. The motion carried 4-1 (Holden opposed). E. Planning Case 14-031 —PUD Amendment—Presbyterian Homes Associate Planner Bachler stated that in November 2010, the City Council approved a Master and Final PUD for the redevelopment of the Johanna Shores care facility at 3200 Lake Johanna Boulevard in Planning Case 10-012. This case also included the approval of a Preliminary and Final Plat and the rezoning of the property from R-2 to R-4 to bring the mix of residential uses on the property into compliance with the Zoning Code. The redevelopment project was divided into Phase I and Phase II and also included certain utility improvements and the demolition of two existing buildings on the site. The existing McKnight Care Center has remained in its current location and will not be altered as part of the redevelopment. Associate Planner Bachler indicated that Phase I of the project has largely been completed. This phase entailed the demolition of the existing Lakeview Building and the construction of a new building in its place. The new primary facility contains 162 units. The units are comprised of 72 assisted living units, 36 memory care units, and 54 independent senior apartments. At the time the Master PUD was approved, there were discussions about including four hospice units in the new Lakeview Building. However, this program was not implemented and the four units were, therefore, never constructed. Certain utility improvements on the site, including the reconstruction of an existing sanitary sewer line along the easterly frontage of Lake Johanna, were also required to be completed as part of Phase I. All of these improvements have been completed within the schedule outlined. Associate Planner Bachler explained that the second phase of the approved Master PUD includes the construction of two brownstone-style apartment buildings that would house a total of 36 independent senior apartments. These buildings were to be built on the site of the existing Sutton Place apartments. Presbyterian Homes has since demolished the Sutton Place apartment building in preparation for undertaking Phase II of the project. Construction on the brownstone apartments is expected to commence in the spring of 2015, and be completed before December 31, 2016. In conjunction with Phase II of the Master PUD, the applicant will also be undertaking road improvements along County Road D adjacent to their property as outlined in the Contract for Private Development between the City and Presbyterian Homes. Associate Planner Bachler noted that the proposed PUD Amendment includes four separate components: • Amend the configuration of the Brownstone Buildings to be completed in Phase II. • Revise the Construction Schedule outlined in the PUD Development Agreement to reflect the delay in the expected start date on the Brownstone Buildings. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 10 • Reallocate the four hospice units that were to be constructed in the Lakeview Building to the Brownstone Buildings as independent senior units increasing the number of units in the Brownstone Buildings from 36 to 40. • Amend the conditions in the PUD Agreement to allow for the removal of the required speed bumps on the County Road D driveway if the traffic study to be completed one year following the completion of the redevelopment project supports such removal. Associate Planner Bachler stated that the layout for Phase II was altered due to challenges presented by the elevation change between the Brownstone Buildings and the primary facility. As originally proposed, the Phase 11 buildings would have been situated closer to the intersection of County Road D and Lake Johanna Boulevard with a large area of open space and steeper grades between them and the main building. Given the senior population that will be residing in the buildings, the only way to mitigate this challenge would have been through constructing long and inefficient switchbacks. By reorienting the Brownstone Buildings closer to the Lakeview Building and constructing into the side of the sloping terrain, Presbyterian Homes will be able to provide entries to the buildings that are at grade and significantly closer to the main building and trail system. An additional benefit of this design change is that the buildings will be connected with a link at the garage and ground level that will better tie the buildings together visually. Associate Planner Bachler reported that the second component of the amendment is to revise the construction schedule outlined in the PUD Development Agreement. Under the current schedule, Presbyterian Homes was required to begin site work for the first Brownstone Building in September 2013, and begin construction of the second Brownstone Building in March of 2014. Additionally, all final landscaping and hardscaping improvements for the property were to be completed by the spring of 2015. While Sutton Place has been demolished and the area stabilized, for efficiency reasons Presbyterian Homes does not expect to start on the construction of the Brownstone Buildings until 2015. Therefore, they are requesting that the construction schedule be amended to reflect the revised anticipated schedule. Presbyterian Homes would be required to obtain a Grading and Erosion Control Permit and commence preliminary site work for the Brownstone Buildings by December 31, 2014, and to begin construction on the buildings by June 30, 2015. All final landscaping and hardscaping improvements would need to be completed by December 31, 2016. Associate Planner Bachler indicated that Presbyterian Homes is requesting that the four hospice units approved under the Master PUD for the Lakeview Building be reallocated to Brownstone Buildings as independent senior apartments. If approved, the number of units in the buildings would increase from 36 to 40. As discussed previously, the hospice units were approved for the Lakeview Building but were not constructed because a hospice program was not implemented by the organization. The space in the Lakeview Building where the hospice units were to be constructed is now being used as additional storage space for the facility and will not be used for residential purposes. This request would not increase the total of 410 dwelling units approved in the original Master PUD and the approved net density of 18.2 units per acre would remain unchanged. Associate Planner Bachler explained that the final component is a revision to the conditions in the PUD Development Agreement regarding traffic calming. Presbyterian Homes is now in the process of installing three speed bumps on the County Road D driveway between the parking lot ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 11 of the primary building and where the Brownstone underground parking will be located, as required by the PUD Development Agreement. The purpose of these speed bumps was to deter residents from using the County Road D access driveway and to limit the amount of traffic that would cut through Wheeler Avenue in Roseville. Presbyterian Homes has noted that the heavy use of the County Road D access has not materialized and that the City of Roseville has taken the additional step of temporarily closing off access to Wheeler Avenue from County Road D. The request is to amend the PUD Development Agreement to state that upon the completion of the required Wheeler Avenue and County Road D traffic study one year after the full redevelopment of the site if it is determined that the three speed bumps are not necessary for traffic calming purposes that Presbyterian Homes be permitted to remove them. Associate Planner Bachler indicated that the Planned Unit Development process is a tool that provides additional flexibility for development that an underlying zoning district would not otherwise allow. For example, a PUD may make exceptions to setbacks, lot coverage, parking requirements, signage, building materials, or landscaping requirements. It is intended to overcome the limitations of zoning regulations and improve the overall design of a project. While the PUD process allows the City to negotiate certain aspects of the development, any conditions imposed on the PUD must have a rational basis related to the expected impact of the development. A PUD cannot be used to permit uses that would not otherwise be permitted in the underlying zoning district. Associate Planner Bachler stated that in the original Master PUD approval, the City granted Presbyterian Homes flexibility in terms of building height and density. The maximum building height in the R-4 District is 35 feet and the Lakeview Building was permitted to be constructed at an average height of 46 feet above grade. Prior to receiving approval of the Master PUD, the Johanna Shores facility operated under two Conditional Use Permits, which granted approval for a net density of 17.6 units per acre on the property. The maximum density in the R-4 District is 12 units per acre. The Master PUD included an additional 14 units on the property, which increased the approved net density for the site to 18.2 units per acre. Associate Planner Bachler discussed the Plan Evaluation, Lighting Plan, and Traffic Review with the Council. Associate Planner Bachler explained that the Planning Commission reviewed Planning Case 14- 031 at their regular meeting on October 8, 2014. The Planning Commission offered the following fifteen (15) findings of fact for consideration: General Findings: 1. The property is located in the R-4 Multiple Dwelling District. 2. The City Council approved the Master Planned Unit Development and Final Planned Unit Development Plans for the property in Planning Case 10-012 (Resolution No. 2010-067) on November 29, 2010. 3. The PUD Development Agreement requires that any significant changes to the approved plans be reviewed by the Planning Commission and approved by the City Council. 4. The PUD process allows for flexibility within the City's zoning regulations through a negotiated process with a developer. ARDEN HILLS CITY COUNCIL— OCTOBER 27, 2014 12 5. The applicant is requesting an amendment to the approved Master and Final PUD for revised development plans for Phase II of the redevelopment project. 6. The revised development plans for Phase II of the project are in substantial conformance with the Master and Final PUD plans approved in Planning Case 10-012. 7. The applicant is requesting an Amendment to revise the Construction Schedule outlined in the PUD Development Agreement to reflect the delay in the expected start date on the Brownstone Buildings. 8. Under the revised Construction Schedule, Phase II of the project would still be completed prior to December 31, 2016, as required by the Contract for Private Development signed by and between the City and Presbyterian Homes of Arden Hills, Inc. 9. The applicant is requesting an Amendment to the approved Master and Final PUD to reallocate the four hospice units that were to be constructed in the Lakeview Building to the Brownstone Buildings as independent senior apartment units. 10. The additional four independent senior apartment units proposed for the Brownstone Buildings would not increase the 410 units and net density of 18.2 units per acre approved for the property in Planning Case 10-012. 11. The applicant is requesting an Amendment to revise the conditions in the PUD Agreement to allow for the removal of the required speed bumps on the County Road D driveway if the traffic study to be completed one year following the completion of the redevelopment project supports such removal. 12. The Master and Final PUD approved in Planning Case 10-012 are in substantial conformance with the requirements of the City's Zoning Code. 13. Where the Master and Final PUD are not in conformance with the City's Zoning Code, flexibility has been granted and/or conditions have been placed on the approval to mitigate the nonconformity. 14. The proposed Amendments will not result in any new nonconformity not already approved in the Master and Final PUD for the property. 15. The proposed Amendments to the Master and Final PUD are not anticipated to create a negative impact on the immediate area or the community as a whole. Associate Planner Bachler indicated that the Planning Commission reviewed this request and unanimously recommended approval (5-0) of Planning Case 14-031 for a Master and Final Planned Unit Development (PUD) Amendment for the Johanna Shores redevelopment project located at 3200 Lake Johanna Boulevard, based on the findings of fact and the submitted plans in the October 27, 2014, Report to the City Council, as amended by the following sixteen (16) 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 PUD 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 building permit. 3. The Developer shall obtain a Grading and Erosion Control Permit and commence initial site work on Phase II by December 31, 2014. 4. The Developer shall obtain a building permit for Phase II by June 30, 2015, or the approval shall expire unless extended by the City Council prior to the approval's ARDEN HILLS CITY COUNCIL— OCTOBER 27, 2014 13 expiration date. Extension requests must be submitted in writing to the City at least 45 days prior to the expiration date. 5. The Developer 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 building 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 PUD Development Agreement. 6. The Developer 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 building 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. 7. The Developer shall submit a financial surety in the amount of 125 percent of the estimated costs of landscaping prior to the issuance of a building 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. 8. The Developer shall submit a cash escrow in the amount of 25 percent of the estimated costs of landscaping prior to the issuance of a building 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. 9. The Developer shall provide the City with all necessary permits, including, but not limited to Rice Creek Watershed District and NPDES, prior to the issuance of the City Grading and Erosion Control Permit. 10. The final plans shall be subject to approval by the Fire Marshall prior to the issuance of a building permit. 11. The final grading, drainage, and utility plans shall be subject to approval by the City Engineer prior to the issuance of any City permits. 12. A lighting and security plan shall be reviewed and approved by the City and the Ramsey County Sheriff's Department prior to issuance of a building permit. 13. 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. 14. The Developer shall complete certain road improvements on Sandeen Road prior to the issuance of a Certificate of Occupancy for Phase II. These road improvements shall be defined as a one and one-half inch (1-1/2") bituminous mill and overlay between Lake Johanna Boulevard and the northern access driveway to the property. The Developer shall construct the Sandeen Road improvements at Developer's cost and in accordance with plans and specifications approved by the City. 15. The plans and specifications for the sidewalk improvements within the County Road D right-of-way shall be subject to approval by the City. A right-of-way permit shall be obtained for all work completed within the Ramsey County right-of-way. 16. If the Developer elects to undertake the construction of the County Road D Improvements as outlined in the Contract for Private Development, the Developer must provide written notice to the City of its intent to exercise this option, which notice must be delivered ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 14 before the date of any initial improvement hearing held by Roseville under Minnesota Statutes, Chapter 429 regarding the County Road Improvements. The Developer shall construct the County Road Improvements at Developer's cost, in accordance with plans and specifications approved by the City, and shall substantially complete such construction by December 31, 2016. Mayor Grant thanked Matthew for his staff report and asked if the Council had any questions. Councilmember Holden asked if the parking along County Road D would be removed through the proposed improvements. Associate Planner Bachler stated that this was the case. Councilmember Holmes questioned when the Wheeler Avenue situation would be resolved. Associate Planner Bachler explained that a meeting has been scheduled between the applicant, the City of Arden Hills, and the City of Roseville for October 31, 2014. Councilmember McClung inquired if the temporary closing of Wheeler Avenue was due to the proposed redevelopment. Public Works Director Maurer stated that the temporary closing was driven by citizen complaints and it was his understanding that the City of Roseville would make this closing permanent. Councilmember Holden questioned when the speed bumps would be installed at Presbyterian Homes. Public Works Director Maurer commented that he has spoken with the City's Building Official regarding this matter and the speed bumps were a punch list item. Councilmember Holden expressed concern with the lighting and how this would be resolved with Presbyterian Homes based on their past performance issues. Associate Planner Bachler discussed how the previous lighting concerns were addressed by Presbyterian Homes. Mayor Grant expressed concern with the caliper inches of trees that would be disturbed and need to be replanted. Councilmember Holden provided comment on the how the surrounding residents would be impacted by the project. Public Works Director Maurer explained that Sandeen Road would be milled and overlaid after the truck hauling work was complete. Mayor Grant further discussed the landscaping plan. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 15 Councilmember Holden suggested that additional landscaping be placed at the County Road D intersection to assist in screening the new brownstone buildings. Mayor Grant wanted to see additional landscaping between the McKnight Care Center and the Presbyterian Homes entrance off of Lake Johanna Boulevard. Councilmember Holden expressed concern with the lack of follow through on Presbyterian Homes' part with regard to the lighting, speed bumps and mitigation issues. She recommended that a dead end sign be placed at the exit of Presbyterian Homes at Wheeler Avenue. Councilmember McClung discussed the four amendments within the PUD request. He asked how the motion should be stated regarding these amendments. City Attorney Jamnik advised the Council to list all four of the amendments that were being requested within the motion for approval. He stated that if any were not acceptable, that the Council make a motion to deny the request. Councilmember Holden was in favor of a bike rack being placed outside the brownstone buildings. Pamela Belz, Senior Housing Partners, did not oppose working a bike rack into the site plan. Mayor Grant requested comment from the applicant on the level of landscaping and trees between the McKnight Care Center and the entrance to Presbyterian Homes off of Lake Johanna Boulevard. Ms. Belz indicated that a storm last summer took down a number of the trees that were to be preserved in this area. She stated that a number of trees were replanted and ranged in size from two to four caliper inches. She commented that a variety of deciduous hardwood trees were planted in this area. Mayor Grant inquired if additional landscaping was planned for the corner of Lake Johanna Boulevard and County Road D to assist in screening the new buildings. Ms. Belz explained that the original PUD called for a view shed at this corner. She commented that they would be amenable to a variation of trees and tree types in this area. Councilmember McClung supported additional screening in this area. He then discussed the original PUD and the proposed speed calming measures that would be added to the driveway. He indicated that these requirements were added to address the concerns of neighboring residents. He found the speed bumps to be useful and asked why Presbyterian Homes was proposing to have them removed. Ms. Belz believed that the speed bumps were proposed to answer a problem that doesn't exist. She reported that there have been no reports of residents or staff speeding through the property. In addition, there have been no traffic concerns raised by neighboring property owners. She commented that the closing of Wheeler Avenue also addressed some of the site's traffic concerns. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 16 She reported that the speed bumps for the site were on order and would be installed upon receipt. She indicated that if a site traffic study deemed the interior speed bumps unnecessary, they would support allowing the speed bumps to be removed. Mayor Grant asked who would be completing the traffic study. Ms. Belz stated that a traffic engineering firm would be completing the traffic study. Councilmember Holmes recommended that the three speed bumps not be installed for the driving lane approaching Wheeler Avenue. Mayor Grant questioned what kind of speed bumps were purchased by Presbyterian Homes. Ms. Belz commented that the speed bumps that had been purchased were constructed of a hard yellow plastic and would be bolted into the asphalt. Councilmember Holden recommended that Presbyterian Homes only be allowed 30 to 60 days to resolve any lighting concerns. She did not want the adjacent property owners to have to deal with lighting concerns for longer than this time period. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve Planning Case 14-031 for a Master and Final Planned Unit Development (PUD) Amendment for the Johanna Shores redevelopment proiect located at 3200 Lake Johanna Boulevard based on the findings of fact and the submitted plans, as amended by the sixteen (16) conditions in the October 27, 2014, Report to the City Council, per recommendation of the City Attorney and planning staff with the following amendments: • Amend the configuration of the Brownstone Buildings to be completed in Phase II. • Revise the Construction Schedule outlined in the PUD Development Agreement to reflect the delay in the expected start date on the Brownstone Buildings. • Reallocate the four hospice units that were to be constructed in the Lakeview Building to the Brownstone Buildings as independent senior units increasing the number of units in the Brownstone Buildings from 36 to 40. Councilmember Holden asked if findings of fact #I I should be removed as it refers to the speed bumps. Councilmember McClung stated that his intention would be to have the Council move to deny the fourth amendment and therefore findings of fact#11 could remain. City Attorney Jamnik supported this recommendation. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 17 Councilmember Holden recommended that Condition 17 be added for approval stating: The applicant shall address any lighting issues within 30 days. AMENDMENT: Motion by Councilmember Holden and seconded by Mayor Grant to add Condition 17 stating: The applicant shall address any lighting issues within 30 days. The amendment carried unanimously (5-0). Councilmember Holden suggested that the brownstones include a bike rack or bike parking. AMENDMENT: Motion by Councilmember Holden and seconded by Mayor Grant to add Condition 18: require Presbyterian Homes to have bike parking outside the brownstone buildings. The amendment carried unanimously (5-0). Councilmember Holden recommended that Condition 19 be added for approval stating: The applicant will have increased landscaping of at least eight trees of two inch caliper at the corner of County Road D and Lake Johanna Boulevard. AMENDMENT: Motion by Councilmember Holden and seconded by Councilmember McClung to add Condition 19 stating: The applicant will have increased landscaping of at least eight trees of two inch caliper at the corner of County Road D and Lake Johanna Boulevard. Councilmember Holden believed that the additional landscaping at this intersection would benefit the surrounding property owners. John Mehrkens, Presbyterian Homes, asked if the Council was requiring additional caliper inches at this intersection over and above the requirements within the original landscaping plan. Councilmember Holmes suggested that 16 additional caliper inches be planted at this intersection in addition to the original plantings within the landscaping plan. Councilmember McClung suggested that the additional plantings be reviewed by staff. Councilmember Holmes did not believe that the Council was asking for too much with the eight additional trees. Associate Planner Bachler reviewed the landscaping plan in further detail with the Council and noted the number of existing trees at this intersection. The amendment carried unanimously (5-0). Councilmember Holden did not support the additional four brownstone units and for that reason, would not be supporting the PUD amendment. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 18 Councilmember Holmes expressed concern regarding the speed bumps. She did not believe any speed bumps should be required on the County Road D driveway. For this reason, she believed that the staff recommended amendment regarding the speed bumps should remain in place. Councilmember McClung recommended that action on that amendment be taken separate from the motion currently on the table. City Attorney Jamnik advised the Council to take action on the speed bump amendment at this time as an amendment to the original motion. AMENDMENT: Motion by Councilmember Holmes and seconded by Councilmember Holden to add for approval, the following component to the proposed PUD amendment as condition 20: • Amend the conditions in the PUD Agreement to allow for the removal of the required one or more speed bumps on the County Road D driveway if the traffic study to be completed one year following the completion of the redevelopment proiect supports such removal of one or more speed bumps. Councilmember Holden asked how the City would gauge whether or not a traffic study was completed. Associate Planner Bachler indicated that the approved PUD agreement states that the City would perform a traffic count one year after completion of the project. He stated that his understanding was that the City would be responsible for hiring a traffic engineer to complete the traffic study and an escrow account would be established by the applicant to cover the expense of the study. Councilmember McClung stated that he could not support the proposed amendment. He suggested a friendly amendment requesting the language read: The City Council will revisit the necessity for traffic calming measures on the County Road D driveway upon the completion of the traffic study, one year after completion of the project. FRIENDLY AMENDMENT: Councilmember Holmes and Councilmember Holden accepted a friendly amendment to the language for the component to the proposed PUD amendment to read as follows: • The City Council will revisit the necessity for traffic calming measures on the County Road D driveway upon the completion of the traffic study, one year after completion of the proiect. Councilmember Holmes wanted to be ensured that the required traffic study addressed the speed bump removal issue. She supported the proposed language within the friendly amendment. Associate Planner Bachler read the original PUD language regarding the traffic study. ARDEN HILLS CITY COUNCIL—OCTOBER 27, 2014 19 Mayor Grant believed that the City was more concerned with traffic calming than the volume of traffic. Councilmember Werner did not see a need for speed bumps in this area. The amendment carried unanimously (5-0). The motion with the four amendments carried 4-1 (Holden opposed). 9. UNFINISHED BUSINESS None. 10. COUNCIL COMMENTS Councilmember McClung encouraged the Council to attend the Ramsey County League of Local Government's Annual Meeting at the end of November. It was noted that the event would be held at The Mermaid in Mounds View. He stated that the topic of discussion would be the recent election results. Councilmember Holden asked who would be attending the TCAAP Charrette on Friday, October 31, 2014. Councilmember McClung and Mayor Grant were not able to attend. Councilmember Holmes was disappointed that the Council received no advance notice for this meeting. Councilmember Holmes notified staff that she would not be able to attend the November 5, 2014 Planning Commission meeting. Mayor Grant indicated that he attended the Energy Resilience Board meeting last week. He noted that Evergreen Energy made a presentation to the group and discussion was held on a variety of energy topics. ADJOURN MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adiourn. The motion carried unanimously (5-0). Mayor Grant adjourned the regular City Council meeting at 9:35 p. Llkl Amy Dietl David Grant City Clerk Mayor