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HomeMy WebLinkAbout12-21-09-WS lt • -- S"ENILLS Approved: January 11, 2010 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MEETING DECEMBER 21, 2009 5:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the City Council Work Session meeting at 5:54 p.m. Present: Mayor Stan Harpstead; Council Members David Grant, Brenda Holden, Fran Holmes, and David McClung. Absent: None. Also present: City Administrator, Ronald Moorse; City Attorney, Jerry Filla Finance Director, Susan Iverson; Community Development Director, James Lehnhoff; and Parks and Recreation Manager, Michelle Olson. APPROVAL OF AGENDA Councilmember Grant requested Item 1 E be discussed after Item 1 B. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 1. AGENDA ITEMS A. Community Enhancement Program: Administrative Fine Program and Special Charges for Excessive Use of City Services Program • Community Development Director Lehnhoff presented the City Council with information regarding the City's community enhancement program. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 2 ]A. Community Enhancement Program: Administrative Fine Program and . Special Charges for Excessive Use of City Services Program (cont.) Community Development Director Lehnhoff explained the Council has been reviewing the code enforcement issues along with the abatement code. Council has since requested that staff research administrative fine programs, which was part of the 2009 work plan. He reviewed the current code enforcement trends. Community Development Director Lehnhoff ran through the proposed administrative fine program explaining that in some cases the threat of a fine encourages compliance, but that this program would not become a revenue generator. Staff expressed concern in that fines could not be assessed to properties, but instead became a civil court matter. He was also concerned that the costs of the program may out weigh the benefits. Community Development Director Lehnhoff then reviewed the excessive consumption program and noted this program could be assessed to property taxes if fines go unpaid. It was explained that the fines were a charge for City services, based on City staff time. He then asked for feedback from the Council. iCouncilmember Holden questioned if this applied to fire and police calls that were false alarms. City Attorney Filla indicated that these types of calls fell under a different statute. He explained that any fines or fees assessed to the public would need to be well documented by staff and defined within City code. Community Development Director Lehnhoff stated that John Mennenga could document his responses to property along with his cost per hour. Mayor Harpstead asked if there was another opportunity within a different statute to recover costs for multiple false alarms to a single property. Finance Director Iverson indicated the City does charge for false alarms at this time. City Attorney Filla suggested the name of the fine program be changed from excessive consumption to City service charge. Councilmember Holmes questioned how the fines would be assessed if the property was a rental. ARDEN HILLS CITY COUNCIL WORK SESSION—DECEMBER 21, 2009 3 IA. Community Enhancement Program: Administrative Fine Program and Special Charges for Excessive Use of City Services Program (cont.) Community Development Director Lehnhoff explained that the owner of the property would be assessed through their property taxes if the bill is not paid. Councilmember Grant indicated he didn't understand how one fine could be assessed to property taxes while the other could not. He expressed concern with the administrative fine program and how this would benefit the City and stated he would be more in favor of the excessive consumption fine program if billed to homeowners prior to being assessed. He noted that this program would assist the City in recovering administrative expenses. Finance Director Iverson stated that all fines would be billed to property owners before they were assessed on their property taxes. Councilmember McClung indicated he was supportive of both fine programs as each served a different purpose. Councilmember Holmes questioned the downside to the excessive use of City services program. Community Development Director Lehnhoff noted there was no reliable research suggesting that this program would encourage code enforcement. There was still no guarantee for compliance if residents were willing to pay an assessment year after year. Councilmember Holden questioned if the excessive use program applied only to residential property or if this would include commercial as well. City Attorney Filla stated this would include both, but coUld be broken into separate sections to discuss residential and commercial needs. Councilmember McClung suggested the commercial fines be discussed further at a worksession meeting. i ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 4 IA. Community Enhancement Program: Administrative Fine Program and Special Charges for Excessive Use of City Services Program (cont.) Mayor Harpstead was in favor of the administrative fines being based on the time spent by staff to address code concerns. Community Development Director Lehnhoff stated there was also a caveat within the excessive use code to address people who complain about nothing. He indicated this may assist with neighbor disputes. Mayor Harpstead indicated this could become problematic if the reason for the complaint was resolved before City staff arrived on scene. Councilmember McClung disagreed stating that several homeowners do use City services in excess and should be penalized. Mayor Harpstead requested that staff abandon the Administrative Fine Program and asked staff to further investigate the Special Charges for Excessive Use of City Services program. Councilmember Holmes, Grant and Holden agreed with this suggestion. Councilmember McClung indicated he would be in favor of using both programs. Community Development Director Lehnhoff stated he would prepare the necessary information for the Special Charges for Excessive Use program and report back to the Council in the April to May timeframe. He added that the Council would also need to wrap up the Shoreland Ordinance. B. Administrative Fines for Traffic Offenses City Administrator Moorse presented the City Council with administrative fines for minor traffic offenses within the City. He stated there was a new state statute that sets out the parameters for administrative citations for minor traffic offenses. The advantage of this new legislation is that it allowed the City to enforce these violations without big fines going to the state. Councilmember McClung questioned the benefit of managing these fines at a City level. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 5 1 B. Administrative Fines for Traffic Offenses (continued) City Administrator Moorse explained that with reduced fines, the City would hope to eliminate the need for people to avoid administrative Court fees and would pay the fine. Discussion ensued regarding traffic offenses and administrative fines. Councilmember Holmes questioned if there was a cost benefit analysis of the proposed fine program. Mayor Harpstead stated this program was not suggested to become a revenue generator for the City. He indicated the hope would be to reduce the need for additional hearings and officers in court. City Attorney Filla explained the Sheriff would like this service followed by all contract cities to assist in cost sharing. Councilmember Grant stated he did not want to see the residents of Arden Hills �I . receiving tickets for "little things." Councilmember McClung indicated that if this program would encourage greater visibility of the Sheriff's Department in the City of Arden Hills he would be in favor of it. However, he would not be in favor of implementing the program until the City was assured it would make an impact on presence of the sheriff's department and while increasing the overall safety of the residents. Councilmember Holden noted she hears from the residents, time and time again, that people drive too fast in the City. She suggested the Ramsey County Sheriffs Department be spoken to about the speed of traffic in general. Mayor Harpstead stated the Sheriff's may be willing to give out more speeding tickets if the fine was reduced to $60 from $120. City Attorney Filla indicated that the Sheriff's do have discretion on who they ticket. He added that all cases are different. Mayor Harpstead added that administrative fines would not be reported in a manner that would affect automobile insurance. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 6 1 B. Administrative Fines for Traffic Offenses (continued) Councilmember McClung indicated whether this was approved or not, he feared that Ramsey County would not increase their level of service to the City of Arden Hills to make it effective and was not in favor with the change. Councilmember Holden questioned what other communities were using this type of fine program. She noted that overall she was in favor of the program. City Attorney Filla stated he was not aware of many, but that Little Canada was interested. He explained that administrative fines varied between cities that had their own police department and those that had to contract the services. Finance Director Iverson indicated she could complete a Listsery to request further information on the cities that follow this type of program and report back to the Council. Mayor Harpstead was in favor of the traffic administrative fine program as suggested. Councilmember Holmes stated she would be in favor with the program as well but questioned if it would truly reduce the number of court appearances. Councilmember Grant explained that he opposed the program at this time. He questioned if a Resolution could be written to limit the discretion of the officers within their jurisdiction. City Attorney Filla stated the City could direct the Sheriff's Department, but that they would ultimately be responsible for enforcing the traffic offenses. He indicated the City could write additional directions into the traffic resolution if warranted. Councilmember Grant suggested that no tickets be written unless a resident was at least five miles over the speed limit. Councilmember Holden agreed, as did Mayor Harpstead. Councilmember Holmes did not feel the Sheriff's Department needed further direction. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 7 IB. Administrative Fines for Traffic Offenses (continued) Mayor Harpstead requested that staff gather additional information from neighboring communities regarding administrative fines programs and report back at a future meeting, though staff is not being asked to prepare a program for administratives for traffic offenses at this time. The Council was in favor with this suggestion. E. Zoning Code Amendment — Antennas and Towers — City of Arden Hills Community Development Director Lehnhoff presented the City Council with background information on the Reiling Property. At this time there were 18 operating antennas, when 7 antennas were approved within the original CUP. City Attorney Filla stated that at this time, the Reiling Property had a permit that was in violation. The City has the authority to revoke the permit but must take into consideration the federal law. He indicated the City would need to investigate the additional 11 antennas and whom they belonged to. Community Development Director Lehnhoff explained that 15 antennas belonged to Verizon, two belonged to American Messaging and Nextara owned one dish antenna. City Attorney Filla stated the City would need to evaluate what kinds of things the City could do objectively to allow this to occur and what occurred without the City's knowledge, or permit. Community Development Director Lehnhoff noted that all was done without City knowledge and the only permit pulled was for replacement of Verizon equipment that was already on the tower. City Attorney Filla indicated with the Vaughn property the solution was to negotiate a settlement. Community Development Director Lehnhoff stated the City had no record of when the additional antennas went up on the Reiling tower. Mayor Harpstead questioned if this could be costly from a legal standpoint. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 8 1 E. Zoning Code Amendment—Antennas and Towers — City of Arden Hills (continued) City Attorney Filla stated the City would need to find out what the tower can structurally support and how much should be removed. After that, the City would need to consider if they wanted to control where these antennas are placed. He explained that the City would continue to receive requests for antennas. Mayor Harpstead asked who would be present for negotiations on the tower. City Attorney Filla explained that all parties holding a lease on that tower would need to be present, along with the tower owners. He suggested that additional information be gathered regarding the rental situation before any judgments be made. Community Development Director Lehnhoff stated that was the purpose for discussing the item to gather comments and questions from the Council as this item proceeds. He proceeded to further review the current City code regarding towers and antennas and its difficulties. Community Development Director Lehnhoff stated the Reiling Tower was originally built in 1972 He reported the antenna lease was held by Great River Wireless until this spring when it was turned over to the Ryling Estate. Community Development Director Lehnhoff explained that the City would like to resolve the situation as they were in violation with the original permit. He noted the information the City has now was provided by Verizon, which was a tenant on the tower. Community Development Director Lehnhoff stated that if the City wanted to negotiate a settlement, the City would also need to amend the zoning code, after addressing the conditional use permit. At this time the tower was a legal non- conforming use and should be brought into compliance. The Council would need to address how many antennas should be allowed on the Reiling tower, while addressing the need to remove the inoperable antennas. Community Development Director Lehnhoff noted there was a priority ranking on where new antennas could go, with the first being City water towers. If the water towers could not accommodate the need, new towers may be erected, which the City was trying to avoid. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 9 1 E. Zoning Code Amendment—Antennas and Towers — City of Arden Hills • (continued) Community Development Director Lehnhoff stated he was comfortable approaching the Reiling Estate to discuss a settlement to resolve this issue. The appropriate building permits and fees would need to be filed with the City. Councilmember Grant questioned the load capacity of the tower at this time. Community Development Director Lehnhoff stated the tower was at 98% based on the information provided by Verizon. Councilmember Holden asked what the life expectancy was of the tower. Community Development Director Lehnhoff wasn't certain of this information. Councilmember Grant felt the tower was not being properly managed, as there were a number of antennas on the tower that were inoperable and could be removed to increase the structural integrity of the tower. Community Development Director Lehnhoff agreed stating the tower could be further evaluated to provide the City with more detailed information on the life expectancy and load capacity allowed on the tower. Councilmember Holmes questioned if the 75-foot height limit was being met by this tower. She asked if there was a distinction in the zoning code between a tower and a pole. Community Development Director Lehnhoff reported that the Reiling Tower was 240 feet high and was built before the current height restrictions. He added that there was no distinction between the pole types. Mayor Harpstead indicated the people benefiting from the 240-foot tower were the local residents of Arden Hills. Councilmember Grant explained that those benefiting could also be people driving down 3 5 W and 694. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 10 1 E. Zoning Code Amendment—Antennas and Towers — City of Arden Hills (continued) Community Development Director Lehnhoff if a number of antennas were removed from this tower, the Council would need to consider where they would be relocated, in order to minimize monopoles within the City. Councilmember Holmes asked if there was additional capacity on the Vaughn Tower. Community Development Director Lehnhoff stated there were 15 or 16 spaces still available for additional antennas. He indicated there would also likely be additional room on the Reiling Tower if the inoperable units were removed. Mayor Harpstead suggested a structural engineer be hired to assess the Reiling Tower, focusing on the quality of the current structure along with the capacity. Councilmember McClung stated the City had a great deal of antenna capacity from the Reiling and Vaughn towers and that when TCAAP was developed the City may need a tower in that area. Further discussion ensued regarding the location and height of antennas throughout the City. Mayor Harpstead suggested the capacity on the water towers be investigated for to see if they could support excess antennas. Community Development Director Lehnhoff reviewed the elevation of the City water towers. Councilmember Holmes suggested the City bring the Reiling Tower into compliance and allow the antennas to continue operating, while seeking a settlement agreement. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 11 1 E. Zoning Code Amendment—Antennas and Towers — City of Arden Hills • (continued) Mayor Harpstead agreed asking that a third party assessment of the tower be completed on the tower and the cost assessed to the Reiling Estate. Councilmember Holden stated she was not in favor of the tower continuing as is. Councilmember Grant indicated he did not want to see the use expanded on the tower. He asked that the City be provided with more information on the current leases and if they could relocate to a different location within the City. Mayor Harpstead stated he has not heard that the Council was in favor of expanding the use on the Reiling Tower. Councilmember Holmes explained she was not in favor of expanding the use, instead to keep the current uses if found to be structurally sound. Councilmember Holden indicated she would like the City to gain some control 0 over the tower while looking at future antenna needs. Mayor Harpstead agreed the City could have a more visionary process on where towers might be important throughout the City. Community Development Director Lehnhoff stated the City did not have a current request to add antennas to the Reiling Tower, though one is likely to come from clear wireless. He explained the Planning Commission tentatively has an item that would come before them in January to allow for a zoning code change and conditional use permit amendment. Mayor Harpstead asked if the applicant could be made to be responsible for engineering within the request to understand the capacity and safety of the antenna. Community Development Director Lehnhoff felt this was a reasonable request that could be required. The City needed that information before proceeding. Councilmember Holden stated she did not want to see antennas being placed everywhere throughout the City. She suggested the Council has some forethought on this issue when addressing the Reiling Tower. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 12 1 E. Zoning Code Amendment—Antennas and Towers — City of Arden Hills (continued) Mayor Harpstead summarized the discussion stating the Council would like additional information on the Reiling Tower to give the City confidence the current tower can support and maintain the established use in the City of Arden Hills. Mayor Harpstead questioned staff to check with neighboring communities to see if they have an antenna coverage plan. Community Development Director Lehnhoff reaffirmed that the Council would like more information on the Reiling Tower, having an engineer hired to investigate the structural capacity and safety of the Tower and that the issue could proceed to the Planning Commission. The Council was in favor of directing staff as discussed above. Further discussion ensued regarding antennas located on the City water towers. Community Development Director Lehnhoff questioned if the Council was in favor of allowing antennas on the City water towers without being a conditional use permit. The Council was in favor with this suggestion as it would streamline the approval process. C. Recreation Fee Assistance Program Recreation Manager Olson presented the City Council with information on a recreation fee assistance program. She drafted a document for the Council to review as the City continues to receive an increased amount of requests and that there has never been an official written program. Recreation Manager Olson stated that staff has been following basic guidelines internally for the fee assistance. Some areas that were gaps in the policy were: no set dollar limits, identification of eligible classes, no-shows after acceptance. Councilmember Holden asked how much subsidy goes to the recreation programs. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 13 IC Recreation Fee Assistance Program Finance Director Iverson stated this was $32,000 at one point in time. She indicated she could provide the Council with a five-year spreadsheet on the operating cost basis. Councilmember Holden questioned how many people were enrolling in the recreation classes. Recreation Manager Olson didn't have the numbers in front of her at this time, and explained she brought this item forward because there was never a written policy and wanted the Council to provide input on the importance of this issue. Mayor Harpstead felt that the community benefited from the varying park and recreation programs offered in the City of Arden Hills. Further discussion ensued regarding the park and recreation events offered by the City with regard to the overall expense. Mayor Harpstead explained that a joint powers agreement with neighboring communities may assist in addressing the recreational needs of the community. He indicated he was not opposed to the $500 scholarship amount, with a $40 cap and stated staff could use discretion in this area. Councilmember Holden questioned how the scholarship information was kept confidential. Recreation Manager Olson explained that the information was charted within the computer system and stated the scholarship recipients would remain confidential. Councilmember Holden asked if the scholarships were offered for only Arden Hills programs or joint programs with Shoreview.. Recreation Manager Olson indicated the scholarships were available for any Arden Hills sponsored activity. Councilmember Holmes questioned how the community knew about the scholarships. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 14 0 1 C. Recreation Fee Assistance Program Recreation Manager Olson explained they were not widely publicized and the funds were limited. If a resident were to call in and ask, they were directed to her. Councilmember Grant stated he was in favor of the $40 cap. Mayor Harpstead requested staff provide an Admin. Update on the recreation program numbers. Council directed staff to bring this item forward on the Consent Agenda at a future meeting. D. Celebrating Arden Hills Recreation Manager Olson presented the City Council with information on Celebrating Arden Hills. She indicated the committee would like to begin booking vendors for the event and that this could not be done until 2010. The Committee was hoping to hold the event at Perry or Cummings Park, but that the event would probably be held at Tony Schmidt Park to allow for the fireworks display. Recreation Manager Olson stated the event was scheduled for September 18cn She reported she has already permitted Tony Schmidt Regional Park and she would be speaking with Ramsey County about the event logistics in hopes of keeping the road open to the park. Councilmember Holden questioned if Presbyterian Homes would be a sponsor of the event. Recreation Manager Olson explained that Presbyterian Homes has provided snacks and beverages in the past for the tea and tent event. However, the City has not received a commitment yet to date, but that staff would be speaking with them about the event. Mayor Harpstead stated Bethel or Northwestern could be approached to provide busing to and from the event. Councilmember Holmes indicated the committee was trying to focus on more adult focused activities. Councilmember Grant suggested the band selections be rethought to focus on the adults. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 15 1 D. Celebrating Arden Hills Recreation Manager Olson stated the committee was looking to simplify the g g p fY entertainment while not recreating the same look and feel as neighboring community's celebrations. She indicated the committee was hoping to create a fun and unique event for the residents. Councilmember Grant explained he would like the City to be mindful of the cost involved in this event relative to the expense. Councilmember Holden asked if the Lake Johanna Fire Department could be present at the event, along with other public safety providers. Recreation Manager Olson noted they would be at the event with the smoke house and additional activities. She indicated the committee would continue to pursue activities for the event and that their idea was that some events may charge a small fee. Mayor Harpstead encouraged staff to continue in the current direction and thanked the Committee for their efforts thus far. 2. COUNCIL COMMENTS AND REQUESTS Councilmember Holden asked if the new permit software was able to print reports. Community Development Director Lehnhoff stated it did run reports and indicated he could provide the Council with a sample. Councilmember Grant questioned if sump pump inspections were continuing or not. Community Development Director Lehnhoff explained he would have to speak with Public Works Director Hoag on this issue. Councilmember Grant asked if the City was on track for the trail grant applications. 10 Recreation Manager Olson stated that staff is waiting for the project memo to be signed by the central office at MnDOT for the ARRA trail segment. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 16 2. COUNCIL COMMENTS AND REQUESTS (continued) Recreation Manager Olson g O so reported the STP Federal Grant for County Road E and CP Rail was not known at this time. Staff received comments on the Municipal Agreement Program Application from MnDOT. Kimley-Horn and staff are reviewing these comments. The City should hear some time in January if the grants were approved. Councilmember Grant suggested the Council have a number of projects shovel ready if the federal government were to provide for additional stimulus dollars. Mayor Harpstead indicated this would involve some additional engineering dollars being allocated to the beginning of 2010. Councilmember Grant asked if the City had any additional information on the electric grant. Recreation Manager Olson stated there was a January 25th deadline and was a very technical grant. She suggested the City seek assistance to include the energy efficiency level of detail needed. The grant would assist the City in replacing outdated lights on the City's hockey rinks at Cummings, Perry, Freeway and Hazelnut Parks. Recreation Manager Olson explained the maximum amount that would be awarded is $100,000 with no match. A match is not required for this grant, however, the application will score higher if matching funds are included. She indicated that a City must show a payback on the lighting within 10 years of replacement. Mayor Harpstead stated that new hockey lights were not within the 2010 CIP. Councilmember Grant agreed, but indicated the grant would not be a sure thing and could assist the City. Recreation Manager Olson noted she could attempt to write the grant with assistance from Muska, and estimated this expense to be $5,000. Mayor Harpstead suggested that additional grant opportunities be sought to assist with the hockey light replacement, due to the highly technical nature of this grant. Councilmember Holmes and Councilmember Holden were in favor of pursing the grant. ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 17 2. COUNCIL COMMENTS AND REQUESTS (continued) Councilmember Grant agreed stating this grant could be used again in the future. Councilmember McClung did not fee] the Council had to proceed on this item. Mayor Harpstead summarized that the majority of the Council would like staff to proceed with the grant and report back with an estimate as to the expense. Councilmember Holmes questioned when the Committee assignments would be set for 2010. Mayor Harpstead suggested this be discussed by the Council at this time. Councilmember Holden stated she was having a tough time attending the Northwest Youth and Family Services meetings. Mayor Harpstead questioned who would be interested in attending the Sheriff Board meeting on the third Thursday of each month at 8:00 a.m. He noted the Lake • Johanna Fire Department also meets on the third Wednesday at 7:30 a.m. The EDC, Planning Commission, PTRC and Communications committees would need representation as well. Councilmember Holden stated she would represent the FPAC Councilmember McClung indicated he would continue his service on the Communication Committee. Councilmember Holmes stated she would serve as the Planning Commission representative. Councilmember Grant indicated he would switch to the PTRC. Mayor Harpstead questioned if staff or a resident could assist in representing the City at any of these meetings. Councilmember Holden suggested Lois Rem attend the Northwest Youth and Family Services meetings. i ARDEN HILLS CITY COUNCIL WORK SESSION-DECEMBER 21, 2009 18 2. COUNCIL COMMENTS AND REQUESTS (continued) • Mayor Harpstead indicated he would contact her to see if she would be interested in attending these meetings for the City. Mayor Harpstead noted he would continue attending the Sheriff meetings and the EDC. Councilmember McClung explained he would attend the Fire Department board. The Council asked that Craig Wilson be contacted to see if he would continue his service on the Cable Commission. The Council requested Craig Wilson provide the Council with several reports throughout the year based on the committee's findings. Mayor Harpstead indicated the Ramsey County League of Local Government would also need representation. He stated they only met on Thursday night four to five times per year and that he was the rep at this time. • Finance Director Iverson indicated she was the alternate. Mayor Harpstead stated there were a number of openings on the standing committees and encouraged the Councilmember's to encourage people to join. ADJOURN Mayor Harpstead adjourned the City Council Work Session meeting at 8:48 p.m. ZS san K. Iverson tan Ha s t ell, Acting City Administrator Mayor