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HomeMy WebLinkAbout07-25-11-RA DEN HILLS Approved: August 29, 2011 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 25, 2011 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 7:00 p.m. Present: Mayor, David Grant, Councilmembers Fran Holmes, Ed Werner and Nicholas Tamble. Absent: Councilmember Brenda Holden (excused). Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; City Planner Meagan Beekman; Parks and Recreation Manager Michelle Olson; Community Development Intern Mei -Ling Anderson; and Recording Secretary Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant added Item 2D, Report from Public Works Director Maurer regarding the recent rainstorm and water problems in the City. MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to Approve the Agenda as presented. The motion carried unanimously (4 -0). 2. PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP and Stadium Proposal Update City Administrator Patrick Klaers stated the State Legislature was called into a special session by Governor Dayton. The purpose of this special session was to approve a balanced State budget. The special session started in the afternoon of Tuesday, July 19, and ended to morning of Wednesday, July 20. There was no consideration of a Vikings Stadium proposal during this special session. Governor Dayton has indicated that a stadium proposal could be considered at a second special session or next January during the regular legislative session. The City and ARDEN HILLS CITY COUNCIL — July 25, 2011 2 2.A. TCAAP and Stadium Proposal Update (continued) Ramsey County will jointly host an open house to present information to Arden Hills' residents on the proposal to develop a stadium on the TCAAP property. The open house will be held on Thursday, August 4, 2011, 5 :00 to 8:00 p.m. in the Marsden Conference Room at the Ramsey County Public Works Facility. Information will be provided related to traffic and transportation, the environment, land use and site plan, financing, and the roles of the City and County during project approvals and development. Councilmembers and Staff will be available to answer questions. B. Celebrating Arden Hills Fall Festival Update Parks and Recreation Manager Michelle Olson stated Celebrating Arden Hills will have a dual track this September 17. Events will be held both at Tony Schmidt Regional Park and Bethel University. Tony Schmidt Regional Park will host the "Fling into the Parks" portion of the event from 3:00 p.m. until dusk. Kicking off this year's event will be the Shakopee Prior Lake Shockwaves Water Ski Show on Lake Johanna. Returning will be favorites such as the rock climbing wall, bungee trampoline event, miniature golf, pontoon rides, community booths, Mad Science presentation, as well as the Shoreview Northern Lights Variety Band. Fireworks will cap off the event at dusk. There will be limited parking available and a shuttle will run to and from Tony Schmidt Regional Park from 2:45 p.m. until after the fireworks. Bethel University will host the "Fling into the Students Arts" portion of the event from 5:00 -8:00 p.m. featuring student and professional art work. Music will highlight the event, featuring the Mounds View High School Orchestra and the Bethel Jazz Band in Benson Hall. Shuttles will be available from 4:45 p.m. until after fireworks to Tony Schmidt Regional Park and back. C. Night to Unite Update City Administrator Klaers stated at the June 1 meeting, the City Council proclaimed August 2 as the 2011 "Night to Unite." This is a nationwide crime prevention event sponsored by the Minnesota Crime Prevention Association along with AAA of Minnesota/Iowa. Barb Russo, Ramsey County Sheriff's Department, is the local coordinator. The deadline for registrations was Friday, July 22. On Monday, August 1, Barb will provide a complete list of participants, which will be forwarded to Councilmembers via email. D. Report from Public Works Director Maurer Regarding Recent Rainstorm and Water Damage in the City Public Works Director Terry Maurer stated the storms on Friday and Saturday produced 6 inches of rain and there were problems in several areas of the City. Lift Station 8 had all three pumps operating but the system was overwhelmed with the amount of clear water coming in and this caused it to back up into homes. There was clear water and sewer backup in at least seven homes. The claims that have resulted from this have been forwarded to the City's insurance company. As these areas dry out, Staff will revisit the sites to try and determine where the inflow occurred and what can be done to resolve or minimize the problem for the future. The other area that experienced problems with flooding was the Arden View Townhome Association area. Indications were the pond was out of its banks due to the amount of water and the down stream ARDEN HILLS CITY COUNCIL — July 25, 2011 3 2.D. Report from Public Works Director Maurer Regarding Recent Rainstorm and Water Damage in the City (continued) catch basins were not taking any more water because the system was full. Staff also walked through the area with the Southern Homeowners Association and talked about what had been seen. He stated the system was not designed for the type of rainfall that occurred. The Northern Association experienced flooding as well. There are catch basins to carry the water but because the road is under construction there were rock bags over the drains to prevent construction materials from entering the system. Once the bags were moved the water drained from the area. Those residents in this area that experienced flooding were instructed to notify the contractor's insurance company and they have been provided this information. Mayor Grant stated there had been reports of water coming up out of drains. Public Works Director Terry Maurer stated he believed this to be true. The system was so surcharged and it took about two hours for the system to drain. He stated he had explained to the Townhome Association that they could look at ways of adding more capacity to the system so that the water would be delayed in entering the system. This would allow the system to drain properly without being overloaded. Staff could also televise the area to be sure the system is operating correctly. There may also be some grading changes that could be done that would provide for emergency overflows. He suggested hiring an engineering consultant to look at this and determine what things could be done to fix this problem for the future. Mayor Grant asked if the pond could be enlarged to increase its capacity. Public Works Director Terry Maurer stated he was not sure of the ownership of the property but it did look like the pond could be increased to hold an additional two feet. PUBLIC Mayor Grant opened the Public Inquiries /Informational at 7:27 p.m. Ms. Jane Larson, 4370 Arden View Court, President of Townhouse Villages at Arden Hills, stated she has lived in this home for 34 years and they have been experiencing more and more flooding problems in recent years than they had previously. The Townhome Association would like to find a long -term solution to the flooding problems because this time homes and cars were damaged. She asked the City to work with them in finding long -term economic solutions. The Townhome Association would like to have a study done so that they know what their options are and what possible solutions there are. Currently there are two areas that could be considered problem areas. They had worked with the City in 1997 and had installed a drain. The Townhome Association would like to be sure that the next things they do are cost - effective, wise investments that will solve the problems. She clarified there had not been flooding until more recently, even when there had been excessive rains. Something in the drainage of the property has changed and needs to be resolved. Mr. Larry Stark, 1460 Arden View Dr, Arden Hill North Homeowners Association, stated in this area the storm drains and the rock bags used by the construction company were the problem. ARDEN HILLS CITY COUNCIL — July 25, 2011 2. Public Inquiries (continued) He stated the North Homeowners Association is requesting better communication and a local contact person. The problem with the rains over the weekend had been resolved as soon as the contractor's contact person was notified and he drove to the location from St. Cloud. If there had been a local contact person that could have gotten to the location sooner, the flooding would not have caused as much damage. He stated the North Homeowners Association is also requesting the construction company provide one to two days notice prior to laying any pipe under the irrigation lines because they need to get someone on site to turn off the pumps. He also stated there have been several sprinkler heads damaged during the construction and this will be handled with the construction company. He clarified again the North Homeowners Association was requesting a local contact person for emergencies that could be contacted 24/7. Mayor Grant stated if anyone is calling a specific person at City Hall and is not able to get a hold of them they should call City Hall directly. He clarified the damaged sprinklers would be taken care of with the contractor that is working on the streets. Mr. Stark stated there had been eight units damaged with the flooding and at this time it was not clear on how this would be handled. Councilmember Tamble asked if there had been any residents present when the gentleman came from St. Cloud and removed the rock bags. He also asked how long it took for the water to recede once these bags were moved. Mr. Stark stated he had not been at the scene personally but he had been told that it took approximately 15 minutes for the water to recede once the rock socks had been removed. Public Works Director Maurer stated the construction site was being maintained according to the Rice Creek Watershed District and the Minnesota Pollution Control Agency's policies and procedures. Mr. Rich Holzemer, 1452 Arden View Drive, AHNHA, clarified when the rocks bags were moved the water began to recede. Ms. Linda Svidal, 1344 Arden View Drive, Arden Hills, showed pictures to the Council of the flooding that occurred. She clarified that once the rock bags had been moved the water began to recede and it took about 10 minutes for the water to drain. She stated the rock bag s were the cause of the flooding in her area. Mr. Stark stated this situation could have been alleviated if there had been a local contact person that could have been to the site at moved the rock bags. Mayor Grant closed the public hearing at 7:50 p.m. Public Works Director Maurer stated the person in St. Cloud is the contact person for the contractor. The City hired consultant is located in Blaine and could have been contacted as well. He stated the City contact information had been provided to the residents but this information will be provided to the residents again for any emergencies that may occur. He clarified that in an ARDEN HILLS CITY COUNCIL — July 25, 2011 5 2. Public Inquiries (continued) emergency a resident could call 911 and the dispatch person would contact the appropriate Public Works on -call person. During the last rain event, the City's on call - person was working by 6:00 a.m. and by 6:30 a.m. there were three City employees working. He requested Mr. Stark contact him to get all the contact information and numbers for future emergencies. Mayor Grant stated the City would communicate the concerns about the irrigation lines to the contractor and be sure the Townhome Association is provided with adequate notice to turn off the pumps. He stated if there would be any design considerations for the pond that should be considered, this could be identified by a hydrologist. He asked if the Council would want to give direction to Staff to contact a hydrologist and obtain a quote that would include potential solutions for both the North and South areas. He also asked if the Townhome Associations would be interested in a joint effort to resolve these problems. Ms. Larson stated she could not answer directly for the South area because she would need to bring the information to the Townhome Association Board of Directors and they would need to make this decision. Mr. Stark stated he could not answer directly for the North area either but they would be willing to listen to a proposal before making any decisions. Public Works Director Maurer stated Staff would contact a consultant and have them view the areas and put together a proposal that outlines potential solutions for the problems in each area. Staff will bring this information back to the Council. Mayor Grant clarified by obtaining a proposal the City and the Townhome Associations would not be committed to having any work done. Mr. Stark clarified the problems that were experienced in the north area were due to the construction that is taking place at this time and having a hydrologist look at this would not be beneficial. He stated there is an area on the north side of the property near the old City Hall site that has flooded that could be looked at in order to find a solution. This area did not flood with the recent rain event. Mayor Grant stated the City would not want to create a problem where there is not one currently. They would like to resolve the problems that caused the recent flooding. He asked if havin g the ponds dredged would have helped the flooding problems. Public Works Director Maurer responded that dredging the pond would not have helped in this situation because of the amount of water that was experienced in such a short period of time. Dredging will help with sediment control in the future because it has been several years since this pond was installed. 3. APPROVAL OF MINUTES A. June 13, 2011, Regular City Council Meeting B. June 20, 2011, City Council Work Session Meeting ARDEN HILLS CITY COUNCIL — July 25, 2011 6 3. Approval of Minutes (continued) MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to Approve the June 13, 2011, Regular City Council Meeting and the June 20, 2011, City Council Work Session minutes as amended. The motion carried unanimously (4 -0). 4. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item — Claims and Payroll. B. Motion to Approve Planning Case 11 -014 for a Variance at 1145 Amble Drive, based on the findings of fact and the submitted plans, as amended by the five conditions in the July 25, 2011, report to the City Council. C. Motion to Approve Planning Case 11 -015 for a Site Plan Review at 3759 New Brighton Road, based on the findings of fact and the submitted plans, as amended by the seven conditions in the July 25, 2011, report to the City Council. D. Motion to Approve a payment in the amount of $15,236.29 to the Lake Johanna Fire Department which is the City's share of the cost of replacing the LCD TVs in Station 2 and 4, SCBA Mounting Brackets for Ladder Truck 4, plus the cost of the capital reimbursement to the City of Shoreview from the 2011 Budget. E. Motion to Approve Resolution 2011-038: Ordering abatement at 1971 Thom Drive for a storm damaged tree which will likely cause injury to persons or property when it falls ( "hazardous tree ") and is therefore a public nuisance pursuant to the provisions of the City Code 710.12, Subd. 6. F. Motion to Adopt Resolution 2011-037: Accepting the work completed as Lexington Avenue Sidewalk and Trail Project and authorizing final payment to North Valley, Inc., of Nowthen, Minnesota, in the amount of $19,598.30. G. Motion to Accept the 2011 2nd Quarter Financial Reports as presented. MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4 -0). 5. PULLED CONSENT ITEMS None. 6. PUBLIC HEARINGS A. Presbyterian Homes Conduit Debt — Public Hearing and Preliminary Approval to Issue Bonds Director of Finance and Administrative Services Sue Iverson stated as part of the development agreement with Presbyterian Homes, funding for the project is to come from the issuance of conduit debt or tax - exempt obligations. In order for the bonds to be considered tax - exempt, they need to be issued as bank - qualified bonds. No issuer of tax - exempt bonds may designate more ARDEN HILLS CITY COUNCIL — July 25, 2011 7 6.A. Presbyterian Homes Conduit Debt — Public Hearing and Preliminary Approval to Issue Bonds (continued) than $10,000,000 of tax - exempt bonds as bank - qualified bonds in a calendar year. In 2009 and 2010, the Federal government raised this limit to $30,000,000, but effective January 1, 2011, the limit was reset to $10,000,000. Presbyterian Homes has agreed to pay the City of Arden Hills the full amount of the conduit debt fees regardless of who issues the bonds. To move forward with the issuance of the bonds, a public hearing needs to be held and preliminary approval to issue revenue obligations needs to be granted. Once the public hearing has been held, the Council will be asked to approve preliminary approval to the issuance of the bonds. At this point, Presbyterian Homes will enter into negotiations with one or more jurisdictions to issue bonds and the Council will be asked to approve the issuance of those bonds by other jurisdictions. The City of Arden Hills will receive the conduit debt fee as if the City issued the entire amount of the bonds, regardless of what other jurisdictions may charge Presbyterian Homes. Mayor Grant clarified the City would be under no obligation to repay these bonds. Arden Hills is issuing only a portion of the $34 million that the project is requiring. Councilmember Werner asked why the City was only issuing $10 million of the required $34 million in bonds. John Uthey, City's bond counsel, Kennedy & Graven, Chartered, explained the reason for the decrease in the maximum amount allowed by the Federal Government. He also explained there are two reasons borrowers ask for bank qualified bonds. These include a more favorable interest rate and a bank qualified bond can be purchased by another bank. He clarified the City is a conduit to provide tax - exempt status and this is not considered debt of the City and it is not considered for rating purposes. Councilmember Holmes stated the City has received a letter from the Metropolitan Council supporting this project. Mayor Grant opened the public hearing at 8:17 p.m. Mayor Grant closed the public hearing at 8:18 p.m. MOTION: Councilmember Holmes moved and Mayor Grant seconded a motion to Adopt Resolution 2011 -039; A Resolution Approving a Housing Program Relating to a Senior Rental Housing Development to be Located in the City of Arden Hills; Granting Preliminary Approval to the Issuance of Revenue Obligations by the City to Finance the Senior Rental Housing Development; and Approving and Authorizing Certain Related Actions. The motion carried unanimously (4 -0). 7. NEW BUSINESS A. Public Works Facility — Floor Drain and Heat Installation ARDEN HILLS CITY COUNCIL — July 25, 2011 7.A. Public Works Facility — Floor Drain and Heat Installation (continued) Public Works Director Terry Maurer stated that at the January 18 City Council work session the potential of adding infra -red heat and a floor drain to the portion of the Public Works facility that would be considered cold storage was discussed. There are two reasons for this to be considered. First, the area is not actually used as cold storage but rather as a working area. Many pieces of equipment from one -ton trucks and smaller are kept in this area at all times. There is a significant amount of work done in this area including welding and annual maintenance on summer equipment in the winter months. The second reason for this change is safety. Because equipment that is used daily in the winter months is stored each night in this area, there is always water on the floor due to snow and ice melting. Both a Safe Assure mock OSHA inspection and a review by the City's League of Minnesota Cities Loss Control Specialist noted this as a safety factor. After discussing the options the most cost effective way to accomplish the work would be through the County's Master Contract under the supervision of Bruce Christofferson, Ramsey County Building Services Manager. With regard to the City's annual operating expense, these improvements would change the space from cold storage at $1.98 per square foot to heated space at $4.91 per square foot. The building records show the area is 5,660 square feet and the annual increase in cost would be $16,583.80. The low quotes for the work from the County's Master Contract holder was from NAC Mechanical & Electrical Services of Little Canada in the amount of $70,186.00. Mayor Grant asked for more detail about the drain configuration and how this will work. Public Works Director Terry Maurer stated there would be a 100 -foot long drain down the middle of the building that includes a flammable waste trap and vent. Eight -feet of the floor on both sides of the drain would be sloped towards the drain and this will be for the entire length of the building. There will be approximately an eight-inch grate over the drain that will be capable of carrying any loads the City would have. The area of the building that will not be sloped towards the drain will need to be squeeged by Staff. He also explained the infrared that would be installed will heat the building similar to other County owned spaced. There will be a local control panel for this infrared and the facility will be heated to approximately 55 degrees. The increase in the utilities is the biggest reason for the increase in the annual rate. MOTION: Councilmember Werner moved and Councilmember Holmes seconded a motion to Approve the Expenditure of an Amount Not to Exceed $70,186.00 from the PIR Fund for the Installation of an Infra -red Heat System and a Floor Drain in the Cold Storage Area of the Public Works Facility and Authorize Payment to Ramsey County Who Would Act as the Owner Utilizing Their Master Contract Agreement with NAC Mechanical & Plumbing Services. Councilmember Holmes stated she would be in favor of this motion. Staff should not be expected to work in unfavorable or dangerous conditions. Mayor Grant clarified the City does have heated space available but the area that has been designated cold storage has been used more recently and should be heated as well. The motion was called to a vote. ARDEN HILLS CITY COUNCIL — July 25, 2011 9 7.A. Public Works Facility — Floor Drain and Heat Installation (continued) The motion carried unanimously (4 -0). 8. UNFINISHED BUSINESS None. 9. COUNCIL COMMENTS & STAFF UPDATES Councilmember Tamble stated there are some videos of the flooding that had occurred in Arden Hills on YouTube. Councilmember Holmes reminded residents that Night to Unite is August 2 and the Open House for the Vikings Stadium is August 4. Councilmember Holmes stated there are openings on the Planning Commission: one regular opening and one alternate. She encouraged residents to apply on the City's website. Mayor Grant stated the City had received a check from a local business for the Arden Hills Fall Festival. He gave this to City Administrator Klaers. Mayor Grant stated he had received a letter in regards to the thunderstorms. He gave this to City Administrator Klaers. Mayor Grant requested an updated card with City phone numbers be sent with utility bills. He requested this include numbers for all Councilmembers, Excel Energy and other pertinent City Staff. He suggested the card also include either a number for emergencies or directions on what residents could do in an emergency situation. City Administrator Klaers stated the City has received several calls from residents on Lake Johanna requesting the City look at possible ordinance changes that would restrict boat access and speeds on the lake during emergency high water situations. Mayor Grant stated the boat landing is owned by the Department of Natural Resources (DNR) and the City has no authority to close this. The lake is patrolled by Ramsey County according the ordinances that the City has and the DNR. Any changes would need to be communicated with Ramsey County and approved by the DNR. City Administrator Klaers stated Staff has not researched neighboring cities and what their ordinances state. Staff will look into this and provide this information and recommendations to the Council at a future work session. Mayor Grant asked if it would be possible for the Council to put something in place that allowed the City to declare an emergency during a rain event that included a no wake zone and limited boat access. ARDEN HILLS CITY COUNCIL — July 25, 2011 10 9. Council Comments and Staff Updates (continued) City Administrator Klaers stated Staff would look into this and bring the information to a future work session. City Administrator Klaers stated Flaherty's is sponsoring a fundraising event on August 20 for St. Jude. The City sent a letter in the spring to Flaherty's that outlined the requirements and steps that would need to be taken to get the appropriate approvals for the event. This included the application process and the need to get the approval of the City Council for the outdoor concert and the outdoor sale of beer. The time frame for getting all the necessary approvals is now short and the City may need to look at approving a waiver for some of the requirements. The City received the application from Flaherty's last Thursday and Staff has been working with them to get information regarding the event and what they will be doing for this event. Staff will continue to get the information regarding the event and bring this information to the Council including how many bikes are expected to attend and specific information regarding the music. Director of Finance and Administrative Services Iverson stated Flaherty's will need to get non - profit status in order to have the raffle. The City will need to look into allowing Flaherty's to sell 3-2 beer in their parking lot. Their current license allows for sales only inside the premises. Councilmember Holmes stated this is a fundraiser event for a good cause and the City should work with Flaherty's to make this event successful. There is a work session on August 15 and the Council could address outstanding issues this at that time. ADJOURN MOTION: Councilmember . Holmes moved and Mayor Grant seconded a motion to adjourn. The motion carried unanimously (4 -0). Mayor Grant adjourned the Regular City Council Meeting at 8:47 p.m. Patrick Klaers City Administrator David Grant Mayor