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HomeMy WebLinkAbout11-26-12-R i-�-a--- -- I�DE_N HILLS Approved: January 14, 2013 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 26,2012 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 7:02 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Nick Tamble, and Ed Werner Absent: None Also present: City Administrator Patrick Klaers; Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; and Community Development Director Jill Hutmacher PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holden requested that Item 5G be pulled from consent and discussed as item 6A. Councilmember Holmes requested that Item 5B be pulled from consent and discussed as Item 6B; Item 5C be pulled from consent and discussed as Item 6C; and item 5E be pulled from consent and discussed as Item 6D. MOTION: Councilmember Holden moved and Councilmember Werner seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL After introducing this agenda item and upon seeing no public comments, Mayor Grant welcomed two Boy Scouts from Troop 419 and asked them to step up to the podium and introduce themselves. ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 2 Travis Walbon, 561 — 10th Avenue SW, New Brighton, stated that he was with Troop 419, which is currently chartered through Trinity Lutheran Church in Arden Hills. Thoger Boyum, 751 — 7 t Avenue NW, New Brighton, introduced himself and stated that he was also with Troop 419. He explained that they were working on their Citizenship in the Community Merit Badges, which requires that they attend a City Council meeting. Mayor Grant stated that this is an opportunity for the boys to see how their local community operates. He thanked the Scouts for attending the meeting. 3. STAFF COMMENTS A. Transportation Update Public Works Director Maurer stated that the bridge connecting Snelling Avenue and Hamline Avenue over I-694 opened during the evening of Friday, November 16, 2012. He noted that the northbound Snelling Avenue loop off that bridge to westbound I-694 opened at the same time. Public Works Director Maurer indicated that the northbound I-35W ramp to eastbound I-694 is open, as is the eastbound I-694 ramp to southbound Snelling Avenue. Public Works Director Maurer stated that two other areas that opened are the County Road E ramp to northbound Snelling Avenue and the eastbound I-694 ramp at Lexington Avenue. Public Works Director Maurer noted that the second loop off northbound Snelling Avenue to westbound Highway 10, will remain closed until late 2013. Public Works Director Maurer stated that southbound Trunk Highway 10 from County Road 96 to I-694 will also remain closed until late next year. He noted that northbound Highway 10 from I-694 to County Road 96 was open, but is closed now due to the movement of traffic off I-694 and will remain closed until late next year. Public Works Director Maurer indicated that there is a temporary closing this weekend of Old Highway 10 between Parkshore Drive and Valentine Avenue. The closure will start on Friday, November 30, 2012, at 6:00 p.m. and reopen on Monday, December 3, 2012, at 5:00 a.m. 4. APPROVAL OF MINUTES A. October 15, 2012, City Council Work Session Councilmember Holden stated that Councilmember Holmes' name was spelled incorrectly in the fifth paragraph on page three of the minutes. MOTION: Councilmember Tamble moved and Councilmember Holmes seconded a motion to approve the October 15, 2012, City Council work session meeting minutes as amended. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 3 5. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B Metion to Approve V cren4i m o Park improvement Pfejeet Change b.red-#2 and D� . Estimate#3 in the Ameu*t of$18,617.74 ..� G Motion to Approve Reselu4ien 2012 042 Aut er-izing the Applic-atieifef n ling SCORE Grant Funds f f 2013 the Amount of$1 n tiara 00 xc�-cT^cnzr c-i-ccrnrsivrz�-r.�-iircri ��....,.......,. w.�,.,� ...,., D. Motion to Accept the 3`d Quarter Financial Reports E. Aeeeptanee of Q-41 hega4 Services Gei4fac4 F. Motion to Acknowledge the Application of Catholic United Financial for an Exempt Permit to Conduct a Raffle with the Date of the Drawing being March 14, 2013, with No Waiting Period G. MMoon to A ppfeye Resel 4ie 2012 043 Approving „ Premise Do,mit A pphe ffem Spring Lake Park Lions for- a Chafitable Gambling bieense at W-i I I ' Big Ten Tr a v'-efn MOTION: Councilmember Tamble moved and Councilmember Holden seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 6. PULLED CONSENT ITEMS A. Motion to Approve Resolution 2012-043 Approving a Premise Permit Application from Spring Lake Park Lions for a Charitable Gambling License at Welsch's Big Ten Tavern Councilmember Holden stated that it has been awhile since the section of City Code pertaining to charitable gambling has been reviewed. She specifically mentioned the language regarding the percentage of funds required by organizations to be paid to the City as well as the types of organizations allowed to conduct charitable gambling within the City. She requested that staff review the ordinance language and bring this item back to the Council for further discussion. MOTION: Councilmember Holden moved and Councilmember Tamble seconded a motion to Table Resolution 92012-043 — Approving a Premise Permit Application from Spring Lake Park Lions for a Charitable Gambling License at Welsch's Big Ten Tavern. The motion carried (5-0). Mayor Grant noted that this item needs to be dealt with in a timely matter since the City has a 90-day window from the date of the application to approve or deny the request. City Administrator Klaers stated that this item will be brought back to a work session in December for discussion at which time staff will be seeking Council direction regarding how to proceed with this matter. Director of Finance and Administrative Services Iverson clarified that the application was received on November 21, 2012. ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 4 B. Motion to Approve Valentine Park Improvement Project Change Order #2 and Pay Estimate#3 in the Amount of$18,617.74 Councilmember Holmes stated that the second paragraph of the staff memo states that change order #2 increases the total project cost by $9,018.78. She questioned that amount because the numbers do not tie out. Public Works Director Maurer stated that the amount on the cover page is netted against the first change order, and despite the fact that the change order increases the cost, he anticipates that the overall project will come in at or below the original bid. Councilmember Holmes noted that with the change orders, project costs will be approximately $6,000 higher than anticipated. MOTION: Councilmember Holmes moved and Councilmember Werner seconded a motion to Approve Change Order #2 which increases the project cost by $9,081.78, and Pay Estimate #3 to Interstate Pavement Maintenance in the amount of $18,617.74 for the Valentine Park Improvement Project. The motion carried (5-0). C. Motion to Approve Resolution 2012-042 Authorizing the Application for Recycling SCORE Grant Funds for 2013 in the Amount of$19,694.00 Councilmember Holmes questioned where the dollar amount comes from that determines how much of a grant the City is eligible to receive. Community Development Director Hutmacher stated that the number is derived from a formula provided by Ramsey County. Councilmember Holmes noted that this does not explain where the number comes from, and she would like more information on how that amount is determined. Mayor Grant stated that he believes part of the formula is based on the number of pounds of recycling the City contributes. He indicated that it is the County's grant; their funds; and their formula. Councilmember Werner noted that the formula is stated in Minnesota Statute. Director of Finance and Administrative Services Iverson stated that the calculation of the formula is not provided; the only notification the City receives is the dollar amount that the City is eligible to receive in SCORE Grant money. Community Development Director Hutmacher stated that staff will research the formula used to calculate SCORE Grant funds and will report back via the Administrative Update. ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 5 MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to Approve Resolution #2012-042 Authorizing the Application for Recycling SCORE Grant Funds for 2013 in the Amount of $19,694.00 The motion carried (5-0). D. Acceptance of Civil Legal Services Contract Councilmember Holmes questioned the distinction between subdivisions A, B, and C contained within the "PAYMENT" section of the legal services agreement between the City of Arden Hills and Campbell Knutson,Professional Association. City Administrator HIaers stated that legal services requested by the City will be paid out as presented in subdivision A. "General Civil Municipal" of the PAYMENT section of the agreement. He noted that subdivision B. "Pass-Through Legal Services" exists as a way to control the fees when the City is asked by developers to handle the legal work and then bill those legal fees back to the developer. This clause protects the City and the City Attorney by ensuring that market rate fees are charged to others rather than the lower general civil municipal rates that have been pre-negotiated by the City. Councilmember Holmes asked if subdivision C "Meetings" should read, "Attendance at any meeting, including the City Council and Planning Commission meetings, will be billed at the general civil municipal rate." She noted that this clarifies the fee better than how it is currently worded. City Administrator Klaers stated that the suggested change can be made to the agreement. Councilmember Holmes stated that the City went out for RFP's for civil legal services and that the contract is being awarded to the firm of Campbell Knutson. She wanted to acknowledge and thank Jerry Filla who served as the City's Attorney for many years. She noted that Mr. Filla recently moved to the law firm of Kelly & Lemmons, P.A. and that the City is continuing its relationship with that firm for its criminal legal services. She further explained that Kennedy & Graven Chartered was the third firm that interviewed for civil legal services and the City is continuing its relationship with that firm for special projects. She noted that all three law firms are excellent and that she is pleased that the City is continuing its working relationship with all three of them in one way or another. Mayor Grant stated that one more clarification should be made to the legal services agreement. He would like the last bullet point under section D to read "litigation fees". Councilmember Holmes stated that she would prefer it to read"litigation expenses". MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to Accent the Civil Legal Services Contract as amended. The amendments include section 3C reading as `general civil municipal rate' and the last bullet point of section 31) reading as `litigation expenses' . The motion carried (5-0). ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 6 7. PUBLIC HEARINGS None. 8. NEW BUSINESS None. 9. UNFINISHED BUSINESS A. City—County Joint Powers Agreement for TCAAP City Administrator Klaers stated that the City and County staff and attorneys have been working together on drafting a Joint Powers Agreement (JPA) for the redevelopment of the Twin Cities Army Ammunition Plant(TCAAP)property. City Administrator Klaers noted that the JPA contains some common goals which include transferring the ownership of the property from the GSA to the County, the remediation of the site, and putting the site back into productive use. He further noted that some of the most important responsibilities outlined in the JPA include the County's responsibility for the purchase and remediation of the TCAAP site; the County's responsibility for off-site improvements; and the County's responsibility of financing the operation of the Joint Development Authority(JDA). City Administrator Klaers stated that the City's responsibilities include the Alternative Urban Areawide Review (AUAR); the Master Plan; and the municipal utilities necessary for redevelopment projects to take place. City Administrator Klaers stated that there are two key sections of the JPA, which include the Master Plan and the establishment of the JDA. He noted that the Council has provided feedback after a number of meetings and he believes the JPA is now ready for Council consideration. He stated that staff recommends approval of the JPA contingent upon the County approving the Offer to Purchase (OTP). Mayor Grant inquired if the proposed Joint Powers Agreement that has been presented to the Council is the same version the County Board is reviewing. Attorney Mike Norton stated that the version of the proposed JPA that is included in the Council's packet is the exact version that is going to be recommended by County staff to the County Board tomorrow. Councilmember Holmes asked if the County Board has read and analyzed the agreement. Attorney Mike Norton stated that the County Board has gone through a similar process as the City has, and he has been informed that they are prepared to approve the agreement tomorrow. Mayor Grant stated that in summation, the process the City has gone through includes JPA discussion at the October 29, 2012, work session; discussion at the regular Council meeting on November 13, 2012, continued discussion during a work session on November 19, 2012, and now ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 7 the meeting tonight. He noted that City staff and the attorney have worked on this particular document prior to Council review and that the document has now been through three different Council meetings for discussion. The Council commented on: the annual budget (2.3.4.), the County's maintenance plan (3.4.3.1.), code enforcement (3.5.3.), the recovery of the City expenses for the planning documents, the market study, the status of the City's Comprehensive Plan,joint storm sewer improvements, and developer-related expenses. Further discussion ensued regarding the proposed TCAAP Joint Powers Agreement. MOTION: Mayor Grant moved and Councilmember Tamble seconded a motion to Approve the Joint Powers Agreement for the Redevelopment of the Twin Cities Army Ammunition Plant (TCAAP) as presented contingent upon the County's approval of the Offer to Purchase (OTP) and the Joint Powers Agreement(JPA). The motion carried (5-0). 10. COUNCIL COMMENTS AND STAFF UPDATES Mayor Grant acknowledged and thanked Jerry Filla for the work he has done for the City over the years. He noted that he has enjoyed working with him. Mayor Grant noted that he received correspondence from a resident regarding a water bill that he will follow-up on with staff tomorrow. Councilmember Tamble reminded everyone that the City's new website will be going "live" on December 7, 2012, at 5:00 p.m. Community Development Director stated that the City's website may not be available immediately at 5:00 p.m. because it takes time for the website content to propagate the internet. Councilmember Holden noted that the Fire Board met on November 21, 2012, and approval was given for four new firefighters to be hired. She noted that stations' three and four remodeling plans are moving forward. She stated that the lighting in those stations was changed with the help from a grant that was received. A second grant may have been awarded by FEMA for SCBA's; but confirmation of that has not been received at this time. Councilmember Holden stated that she would like to further discuss utility billing at a work session, and she feels that the City may need to rethink the quarterly billing cycle. Councilmember Werner reminded people that there are vacancies on the Economic Development Commission(EDC) and encourages people to get involved. Councilmember Holmes stated that there is an opening on the Planning Commission also. She explained that the Planning Commission has a few "snow birds" who are unavailable during the winter months so members are needed. ARDEN HILLS CITY COUNCIL—NOVEMBER 26, 2012 8 City Administrator Klaers stated that he needs to schedule time with the Council to talk about the B2 project and the Bolton & Menk report. He suggested meeting either before or after the regular Council meeting on December 10, 2012. The consensus among the Council was to schedule a 5:30 work session before the regular Council meeting on December 10, 2012. The Council noted that they can reconvene back into a work session after the regular meeting if more time is needed. City Administrator Klaers stated that the chair of the Communications Committee is stepping down, and two other members are not renewing their membership on the committee which ultimately results in three vacancies. He expressed concern over the need to either fill those vacancies or change the expectations of the committee. Councilmember Tamble stated that at this time, none of the existing members have stepped up to take over the position of chair. He also encouraged people to get involved since it will be very difficult for only three people to produce the newsletter. ADJOURN MOTION: Mayor Grant moved and Councilmember Tamble seconded a motion to adiourn to the work session. The motion carried unanimously (5-0). May G nt adjourned the regular City Council meeting at 8:41 p to the work session. I' i/ �4— Patrick Klaers David Grant City Administrator Mayor