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HomeMy WebLinkAbout02-26-07 Minutes for Approval - DIkEN HILLS Approved: CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING FEBRUARY 12,2007; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:01 p.m. Present: Mayor Stan Harpstead, Councilmembers David Grant, Brenda Holden, David McClung, and Fran Holmes. Absent: None. . Also present were City Administrator, Michelle Wolfe; Public Works Director, Gregory Hoag; Finance Director, Susan Iverson; Community Development Director, Karen Barton; City Engineer, Kris Giga; Assistant City Administrator, Schawn Johnson; and Recording Secretary,Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Mayor Harpstead moved Public Inquiries/Informational up on the agenda. MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to move Public Inquiries/Information to before approval of the Minutes. The motion carried unanimously(5-0). Mayor Harpstead added under New Business Item 7C: Offer to Purchase Extension with the Two Amendments Previously Approved and an Additional Approval of Amendment No. 3 based upon the January 12 Letter by John Kelly. MOTION: Councilmember Grant moved and Councilmember Holmes seconded a motion to approve the offer to purchase extension with the two amendments previously approved and an additional approval of amendment • no. 3 based upon the January 12 letter by John Kelly. ARDEN HILLS CITY COUNCIL—FEBRUARY 12,2007 2 Councilmember McClung stated he was concerned about taking both of the actions tonight because they received the documents only today and he believed they needed more of a discussion • on approving amendment number 3 without having a signed copy of the GSA. Councilmember Holden asked which letter from Mr. Kelly. Ms. Wolfe responded it was not a letter from John Kelly, but a letter to John Kelly. She stated the GSA had requested an update of the letter of January and they would be willing to sign off on that. Mayor Harpstead stated he did not believe it was appropriate to have this on tonight's agenda. The motion failed (0-5). Councilmember McClung requested item 3D be pulled from the Consent Calendar and added as item 4A. MOTION: Councilmember Grant moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended. The motion carried unanimously(5-0). 2. PUBLIC INOUIRIESANFORMATIONAL None. 3. APPROVAL OF MINUTES • A. January 22, 2007 Work Session Meeting B. December 11, 2006 Work Session Meeting C. October 30, 2006 EDC/City Council Work Session Meeting Councilmember Holden requested the following changes: October 30, last line on Page 5, strike the word Text Councilmember Holmes requested the following changes: January 22, 2007,work Session,Page 7, open space not common meeting MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the January 22, 2007 Work Session Meeting Minutes as amended; the December 11, 2006 Work Session Meeting as presented; and the October 30, 2006 EDC/City Council Work Session Meeting Minutes as amended. The motion carried unanimously(5-0). 4. CONSENT CALENDAR a. Claims and Payroll bl. Motion to Adopt Ordinance #383-Amending the City of Arden Hills Charitable Gambling • Regulations ARDEN HILLS CITY COUNCIL FEBRUARY 12, 2007 3 b2. Motion to Approve the printing of a Legal Notice Summarizing Ordinance No. 383- • Amending the City of Arden Hills Charitable Gambling Regulations C. Motion to Approve Payment of $21,201.52 to the Lake Johanna Fire Department for Reimbursement Costs for Purchasing 800 MHz Radios d. Resolution No 07 29: Revising the City's 2007 Utility Ra4e e. Resolution No. 07-28: Appointing Andy Holewa to the Planning Commission MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS 4a. Resolution No. 07-29: Revising the City's 2007 Utility Rates Ms. Iverson stated in 2004, Council hired Abdo, Eick, and Meyers (consultants) to perform a Utility Rate Study for the City. Based upon the findings of the utility rate study, the City Council adopted a four year (2005-2009) implementation plan to increase the City's utility rates for residential and commercial customers. Staff figures that the standby rate had not been increased, based upon the utility rate study, since 2005. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion • to approve adopt Resolution No. 07-29, Revising the City's 2007 Utility Rates. The motion carried unanimously(5-0). 6. PUBLIC HEARINGS A. Continuation of the Public Improvement Hearing for the 2007 Pavement Management Program Ms. Giga reviewed the revised 2007 Pavement Management Program. The proposed changes included deleting Katie Lane and Katie Court from the project, and adding watermain replacement to Connelly Avenue. She reviewed the revised project costs based on the change in scope of the project. Mayor Harpstead continued the public hearing at 7:25 p.m. There were no comments made. Mayor Harpstead closed the public hearing at 7:26 p.m. 7. NEW BUSINESS • Al. Adoption of Resolution 07-30: Ordering Improvement and Preparation of Plans and Specifications for the 2007 Pavement Management Program ARDEN HILLS CITY COUNCIL—FEBRUARY 12, 2007 4 A2. Adoption of Resolution 07-31: Approving Plans and Specifications and Ordering Advertisement for Bids for the 2007 Pavement Management Program • A3. Motion to Approve Amendment to Construction Services Agreement with the City of Roseville Ms. Giga stated on January 29, 2007 a public improvement hearing was opened for the 2007 PMP project and continued to the February 12, 2007 Council Meeting. Once the hearing is closed, the next step in the process is for the City Council to order the improvements and preparation of plans and specifications. Councilmember Holden asked what the status of Katie Lane is. Ms. Giga responded they planned on reviewing the conditions and possibly include it in the seal coat project, which is a separate contract and will be advertised separately. Councilmember Holden asked if there was a reason they were putting the cost of the additional street work on Connelly Avenue into the water main fund instead of putting additional costs into the PMP. Ms. Giga responded that City staff would look into the funding aspect for Connelly Avenue. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve adopt Resolution No. 07-30, Ordering Improvement and Preparation of Plans and Specifications for the 2007 Pavement Management Program and adopt Resolution No. 07-31, Approving Plans • and Specifications and Ordering Advertisement for Bids for the 2007 Pavement Management Program, and approve the Amendment to the Construction Agreement with the City of Roseville. The motion carried unanimously(5-0). B. Motion to Approve or reject Preliminary Development Agreement and first Amendment to the Funding and Guaranty agreement between the City and CRR, LLC for the purchase and redevelopment of the TCAAP property, subject to Council approval of proposed budget(Exhibit D) and final approval by legal counsel Mayor Harpstead stated he wanted Council to discuss this in public and this was not an item that could be addressed in closed session. However, it could be referred to worksession or a future agenda if necessary. Ms. Wolfe summarized the purpose of the Preliminary Development Agreement. Mayor Harpstead introduced Mr. Stephen Burbul of Kennedy& Graven. Mr. Burbul reviewed the Preliminary Development Agreement for Council. Councilmember Holmes stated she was confused about the Framework Vision. She understood that vision had been thrown out. Mayor Harpstead stated there had not been formal Council • action to eliminate the Framework Vision. ARDEN HILLS CITY COUNCIL—FEBRUARY 12, 2007 5 Councilmember Holmes stated there seemed to be other things that needed to take place, such as remediation and insurance and asked why those were not in Section 1. Mr. Burbul responded those were things that were part of the implementation process and those were handled in the scope of the OTP. He stated they had to determine what were the final land uses they wanted also. He stated if they did not like the current framework vision, then they can develop a new framework vision. Councilmember Holmes stated she agreed they did not need all of the detail in this document, but she did not understand why they needed all of the financing information up without bringing up some other important parts also. Ms. Wolfe responded a lot of those items would be covered by other documents, such as the Memorandum of Understanding, the Action Agreement, etc. She noted the financing would not be addressed in those documents, so it was addressed in this document. Councilmember Grant stated it appeared the developer would be approaching insurance companies to purchase liability insurance. If they are not able to do that for whatever reason that was a hurdle they needed to get over and the project had to have insurance. Councilmember Holmes asked why financing set out in two separate bullets but insurance was not addressed. Mr. Bubul responded this was talking about private financing and unless they can show if can be privately financed it will not be developed. He noted the Army had the ultimate environmental liability. • Councilmember Holmes stated she did not believe that was a correct statement. Mr. Bubul responded he saw insurance as a part of this document, even if it was not specifically addressed. He noted everyone understood insurance would be necessary. Councilmember Holmes questioned the wording of the "developer shall" on page 4, (b). Mr. Bubul responded they would look at that and reword it. Mayor Harpstead stated the last sentence on Page 4 if they end up reimbursing them, they should then own the product. He requested that be put in this section. Mr. Bubul indicated that was a good point to include. Councilmember McClung stated with respect to the Public Financing Policy, he understood that the Council had not committed themselves to any level of funding or any method of financing. Mr. Bubul responded that was correct. Councilmember Holmes stated she was not sure what kind of Public Financing did not fall of the shoulders of the taxpayers. Mayor Harpstead noted the document did specifically state it would not become a burden to the taxpayers. Councilmember McClung stated he wanted to leave all of their options open considering that was a lot they did not know yet and he wanted to make sure the City's hands were not tied at this • time. He wanted to make sure they had some ability to negotiate and deal with this in the future. Mr. Bubul responded it was typical among Cities to state the public financing documents in broad terms and to specifically set out that the financing would not impact the current taxpayers. ARDEN HILLS CITY COUNCIL—FEBRUARY 12, 2007 6 Councilmember Grant stated if he were the developer he would want significant TIF. He asked • who would provide the rigors of the "but/for" test. Mr. Bubul responded it would be the City, City staff, and the consultants. Councilmember Grant noted under item J, on Page 6, he asked if the City wanted to send something of a legal nature which they do not want to make public, he asked if they had to provide a copy to CRR, which would then become a public document. He asked if there was an issue with this. Mr. Bubul responded he did not see this as an issue. He indicated they needed a free-flow of communication between the parties. Mayor Harpstead suggested instead of an actual document, would they consider taking a summary. He noted if this was under attorney/client privilege they would want it not included. Mr. Bubul responded they would look at this. Councilmember Holmes suggested they strike (1) on page 6 because it was vague. Mr. Bubul agreed. Councilmember Holden stated the prioritizing concerned her. She respect to 4a on page 5, how would they make City staff available for consultation. Mr. Bubul responded this was a general statement they were negotiating in good faith and as a practical matter this was not usually be a problem. He noted they would be paying the additional costs, as well as any additional staff. Councilmember Holmes recommended they add the language "reasonable". Mr. Bubul • responded they could add that wording. Councilmember Holmes asked if they should add the OTP and the Memorandum of Understanding under section 5 on Page 7. She asked on the two business days, they could add in unaccrued reimbursable costs also. Mr. Bubul responded they could add those recommendations. Council Holden asked under 5(b) if there were any City staff costs reimbursed from May 2005 until now. She stated if the City was not being reimbursed, this is not in the best interest of the City. Ms. Wolfe responded that this has not been discussed yet. Ms. Barton noted on the spreadsheet of reimbursable costs, the City time would be added to Exhibit C. Councilmember Grant noted there were a number of bench handouts requested by Council and in the past Council has had a freestanding policy that they would not be basing their decisions on bench handouts. He stated that being the case, he believed they needed additional time to look at all of the information. Mayor Harpstead suggested they finish the review of the document, register questions, and requested this be brought back to Council in the future. Councilmember Grant asked if the term "master developer" had any legal significance. Mr. Bubul responded it did not and it just meant this was the developer they were dealing with on the entire TCAAP site. He indicated however if Council was uncomfortable with this wording, it • could be changed. ARDEN HILLS CITY COUNCIL—FEBRUARY 12, 2007 7 Councilmember Grant left the meeting at 8:31 p.m. and returned at 8:32 p.m. • Mayor Harpstead recommended under Section 8 on page 10 they include public financing also. Councilmember Holden asked if there was depreciation of reimbursable costs of developer rescinds. Mr. Bubul responded there was not. Ms. Wolfe noted they had discussed this at length and that was part of the reason for the process they developed. Mr. Bubul responded the actual dollar amount would be determined by the expert advice. Councilmember Holmes noted what he was saying with respect to 10(b) was reasonable,but the way the document was worded incorrectly. She noted there was nothing in there that the City could pay the developer, work with the government, etc. Mr. Bubul responded the reason for the time period was to allow the City to do this. Councilmember Holmes stated this had to be more clearly delineated. Mr. Bubul responded they would look at this. Councilmember Holmes stated it should not say the developer can require the City to rescind. She believed it was the City's discretion to rescind. Mr. Bubul stated he got the impression that the City did not want to go in that direction, but if they wanted this, it could be addressed. • Mayor Harpstead recommended they work on the wording for this section. Ms. Wolfe stated it was under her direction that they went in this direction because she did not feel comfortable recommending something else, but if Council wanted to go in that direction, she would not have any issue with it. Councilmember Holden asked if the developer defaulted, would the City have to refund its earnest money. Mr. Bubul responded if they rescinded, the City would need to refund the earnest money. Councilmember Holden asked if there was any reason at all the developer would not be returned his earnest money. Mr. Bubul responded the developer had to go through the process under Section 10, and once they followed that process the City would be required to return the earnest money. However, if the developer defaulted, that was a situation where the earnest money would not go back,but that was the only circumstance he could think of. Mr. Bubul noted the reference to Section 11 would be struck. Mayor Harpstead asked if executing this document with an acknowledgement of the Developer's proposed property use commit the City to any specific land use outside of the normal and customary planned use or zoning processes. Mr. Bubul responded no. • Mayor Harpstead asked if the Preliminary Development Agreement changes the City's obligation or options in the Offer to Purchase with the Department of the Defense and GSA in anyway. Mr. Bubul responded no. ARDEN HILLS CITY COUNCIL—FEBRUARY 12, 2007 8 Mayor Harpstead asked if the Preliminary Development Agreement, through its reference to the • City's Public Financing Policy, obligate the City to any general or specific form of Public Financing Assistance, outside of the normal and customary processes utilized to consider any form of public financial assistance? Mr. Bubul responded no. Councilmember Holmes note unless they change their rescission requirement, she believed it would affect Mayor Harpstead's question number 2. Mr. Bubul responded this could be revised. Mayor Harpstead recommended they put a motion on the floor that they move this for approval with the understanding they will now discuss it and then move to refer it to either a work session or a subsequent Council meeting, which would put if off of this meeting's agenda without approval. Councilmember Holmes asked if they could not approve it. Mayor Harpstead responded it would make no difference. Councilmember Holmes stated she believed there were too many questions and it should not be approved. Councilmember Holden asked if they could refer this to a work session directly. Mayor Harpstead stated this would not allow them to discuss this tonight. MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to approve the Preliminary Development Agreement and First Amendment to the Funding and Guaranty Agreement between the City and CRR, LLC for the purchase and redevelopment of the TCAAP property, subject to Council approval of proposed budget and final approval by legal counsel to allow discussion. Mayor Harpstead asked if Council should entertain the option of the earnest money of 2.5 million dollars. Councilmembers Holden and Grant stated they would be in favor, but Councilmember Grant stated it should be noted that there had to be a "light at the end of the tunnel". Councilmember McClung stated it was his opinion that he did not think they would get to this point where this would come into play, however, he wanted some flexibility for the City and he wanted to see language that would allow them to buy CRRs stake if they rescinded and assume the responsibility to continue on with the process. Councilmember Holden requested clarification on the timeline. Mr. Bubul explained the timeline. Chuck Diessner, CRR, stated the provision they proposed and negotiated basically gave the City 90 days. He indicated they would give the City a 90 day notice and if within the 90 days the City • refunds the earnest money then the OTC would still stay in effect. ARDEN HILLS CITY COUNCIL—FEBRUARY 12, 2007 9 Councilmember Holmes stated she had a concern that the Department of Defense was • responsible for the cleanup, but not the liability for any injuries and that was the reason they needed liability insurance. Mr. Bubul responded this was not his area, but everyone knows insurance was going to be required. Councilmember Holmes stated the residents were very concerned that insurance and remediation were being covered. She recommended insurance and remediation be covered in the document. Mr.Bubul responded those were good points. Ms. Wolfe stated this issue could be discussed with the GSA in March when the City's environmental attorney was in town. Councilmember Holden stated if CRR was the purchaser of the insurance and they rescind, she wanted the City to be covered for a certain time period so the City was not scrambling to get insurance. Councilmember Holmes stated what concerned her was that if they were going to put the financing in the document, the insurance and the remediation needed to be put in the document as well. Mr. Bubul responded based on this discussion that would be a good point of clarification. Ms. Wolfe suggested staff prepare a summary of the documents required for this process to happen and what each of the documents covered. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to table the motion on the floor and instruct staff to bring this back at an appropriate time. The motion carried unanimously(5-0). 8. UNFINISHED BUSINESS A. TCAAP Ms. Barton updated on the Council on recent TCAAP developments. 9. COUNCIL REQUESTS Mayor Harpstead updated the Council on presentations put on by the Regional Conference of Mayors. Councilmember Holmes requested they discuss further the Community Survey at a future meeting. She suggested they discuss the parking at City Hall also. Councilmember Holmes stated she would be gone from March 18 through March 25. Mayor Harpstead responded he would also be gone during that time period. Mayor Harpstead adjourned the Regular City Council Meeting at 9:30 p.m. ARDEN HILLS CITY COUNCIL—FEBRUARY 12, 2007 10 Stan Harpstead Michelle Wolfe • Mayor City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, February 26, 2007 at 7:00 p.m. at the Arden Hills Council Chambers. i ,-A DEN HILLS Approved: CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 29,2007; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:01 p.m. Present: Mayor Stan Harpstead, Councilmembers David Grant, Brenda Holden, David McClung, and Fran Holmes (arrived at 8:30 p.m.). Absent: None. • Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Public Works Director, Gregory Hoag; Finance Director, Susan Iverson; Community Development Director, Karen Barton; City Engineer, Kris Giga; Assistant City Administrator, Schawn Johnson; City Planner, James Lehnhoff; Parks and Recreation Manager, Michelle Olson; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Mayor Harpstead requested item 3c be pulled from the Consent Calendar and added to item 4. Councilmember Grant requested items 7a and 7c be moved to the Consent Calendar. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve moving item 7a and 7c to the Consent Calendar. The motion carried unanimously(4-0). Councilmember Grant requested item 5 to following approval of the agenda. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously(4-0). 5. PUBLIC INQUIRIESANFORMATIONAL ARDEN HILLS CITY COUNCIL—JANUARY 29, 2007 2 Elwood Caldwell, 1451 Arden View Drive, read from a prepared statement. He indicated he was a member of the elected board of Arden Hills North Homes Association. He stated over a • two year period the subject of two separate agreements to purchase have been proposed for the sale of the City-owned old City Hall and maintenance facility. He stated if another sale of the property occurs it was the Association's view that the residents and the association should be consulted right from the beginning. He noted the TCAAP property was now entering into a new phase of its development and it might delay any action on the former City Hall property. He indicated they objected to the density and the traffic access, but not the development of the property. He asked them to consider other issues other than future revenue to the City. He stated if a future development of the property was planned, it should be by a RFP and there be alternatives to the traffic access, which would be approved by their association. He stated they wanted this development for residential use and not commercial or business use. He requested any proposed development plan be brought forth to the neighbors early in the process for their review. Mayor Harpstead stated they appreciated all of the work the association had done. He noted the City did not have a procedure for the purchase of City property and asked staff to develop such a process. He stated they would welcome the suggestions made to involve the local citizens and they would keep him informed as this went forward. A. Legislative and Regulatory Update from Coralie Wilson, North Suburban Communications Commission Ms. Wilson, Executive Director North Suburban Communication Commission and North • Suburban Access Corporation, updated the Council on the legislative and regulatory requirements for cable franchises. She noted if new legislation was introduced, they would request the Council's assistance in supporting North Suburban Communication Commission. 2. APPROVAL OF MINUTES A. January 8, 2007 City Council Meeting B. January 16, 2007 Special City Council Meeting MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve the January 8, 2007 City Council Meeting Minutes as presented and the January 16, 2007 Special City Council Meeting Minutes as presented. The motion carried unanimously(4-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Resolution No. 07-22: Supporting the Safe Routes to School Grant Application for Valentine Hills Elementary School Trail Connection e. Resvltifie ni 0 r 19: Reeoggnizin g jiffi en ... the c006 Employee of the arieeipi2nt� jee Meeney for-his twent-y yeafs ef sef=viee te the City of Arden Hills, and jaekie Reepe • d. Motion to Approve the 2007 to 2011 Capital Improvement Plan. ARDEN HILLS CITY COUNCIL—JANUARY 29, 2007 3 e. Motion to Approve the Appointment of Rich Straumann to the TCAAP Advisory Board f. Motion to Approve Revisions to the Resignation Section of the City's Personnel Policy g. Resolution No. 07-23: Designating Corporate Authorization for Susan Iverson h. Resolution No. 07-24: Telephonic Transferring of Funds i. Resolution No. 07-25: Appointing Janet Stodola to the Planning Commission j. Resolution No. 07-26: Appointing Dorothy McClung to the Communications Committee k. Motion to Authorize Additional Funding to Attorney Jeffrey Coleman in the Amount of $30,000 for the City Hall Arbitration Case 1. Motion to Adopt Ordinance #384 to Place a Moratorium on the Construction of New and the Modification of Existing Electronic Changeable Copy Signs, Electronic Graphic Display Signs, Video Display Signs, Flashing Signs, and Multi-Vision Signs on All Sizes in All Sign Districts for the Period of One Year in. Consider a Motion to Adopt a Policy for Placing Planning Cases on the Consent Calendar Based on our Four Criteria in the January 29, 2007 Memorandum MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PULLED CONSENT ITEMS 3c. Resolution 07-19: Recognizing Jim Perron as the 2006 Employee of the Year recipient, Joe Mooney for his twenty years of service to the City of Arden Hills, and • Jackie Freppert for her five years of service to the City of Arden Hills. Ms. Wolfe recognized Jim Perron and Joe Mooney for their service to the City and thanked Jackie Freppert for her five years of service to the City. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve Resolution 07-19: Recognizing Jim Perron as the 2006 Employee of the Year recipient, Joe Mooney for the twenty years of service to the City of Arden Hills, and Jackie Freppert for her five years of service to the City of Arden Hills. The motion carried unanimously(4-0). 6. PUBLIC HEARINGS A. Public Improvement Hearing for the 2007 Pavement Management Program Ms. Giga reviewed the City's Pavement Management Program (PMP), and then proceeded to discuss the proposed 2007 PMP Improvements. She described the proposed improvements to the streets listed in the feasibility report, as well as proposed utility repairs and improvements. Ms. Giga reviewed the City's Assessment Policy and how it relates to the proposed project. She provided two options for residential assessment rates, and recommended Option 2,which has two assessment rates, based on the level of improvement. Ms. Giga also recommended that the • assessment rates be based on actual construction costs, as opposed to estimated costs as listed in the Assessment Policy. She noted due to a publication error, staff recommends Council open the ARDEN HILLS CITY COUNCIL—JANUARY 29, 2007 4 Public Improvement Hearing for comment and continue the hearing to the February 12,2007 Regular Council meeting. Mayor Harpstead opened the public hearing at 7:58 p.m. Tony Evans, 3280 Katie Court, stated he believed it was great this project was happening, but Katie Court and Katie Lane was a little over ten years old. He noted the report indicates there was evidence of seal coating. He stated he had spoken with other residents and no one remembers the streets ever being seal coated. He noted most of these streets (Katie Court and Katie Lane) were at a higher rating. He indicated Katie Court and Katie Lane were as good of shape, or better,than other streets, and he believed seal coating was sufficient. He stated spending $60,000 seemed like a real waste. He noted there were other streets that needed more maintenance than Katie Lane and Katie Court. Jeff Hermes, 3296 Katie Court, stated he represented himself as well as his wife, Jan Hermes. He stated he has been in contact with staff seeking additional information regarding this project. He stated he was concerned that there was a sign at the end of Katie Lane that indicated there are ten lots for sale. He noted on page 7 of the report, the ratings in 2005 were all stating both Katie Lane and Katie Court were extremely adequate. He believed the one low rating was a bad spot, which had been overlooked. He stated other than that spot, the 2007 ratings were adequate. He indicated the estimates were purely estimates, and they were not based on anything scientific or on site observations, but rather estimates on what they saw in 2005. He stated the Katie Lane and Katie Court addition was being lumped in with some of the other ratings. He pointed to Page 20 and 21 and noted on those two pages, they did not have any problems with utilities and everything • drained very well. He stated there were curbs and gutters in the neighborhood. He indicated this area was a very sandy subgrade and it drained very well and there was no problem with drainage. He noted the only issue was this area was put in prior to cable, so there was some cracks here and there. He directed Council to Page 18 and stated he believed large construction equipment would damage the road. He asked Council to modify the proposal to consider not doing the two inch overlay on Katie Lane and Katie Court until there was a commitment and a definite plan for the lots. He did not believe it was prudent for the City to spend taxpayer money and assess properties for an area that was still under construction. He asked Council in future years when this was taken that Option 2 was a more fair way to assess the residents. Jeff Hermes read a letter from Kim and Grace Tramm, 3289 Katie Court, objecting to Katie Lane and Katie Court being part of the 2007 Pavement Management Program. He presented the original letter to Council for the City's file. Mark Kroll, 3324 Katie Lane, stated he appreciated the City was taking the time to maintain the City street and to consider the costs and looking for ways to control them by combining efforts with the City of Roseville. He stated he was concerned about the timing. He believed they should wait until the ten lots were fully developed. He expressed concern about the wear and tear on their street with the heavy construction traffic. He asked how long this would extend the life of the street versus putting on a seal coat. He believed the street was in good condition and asked why a seal coat could not be considered. He stated he believed Option 2 was the fair way for the • City to proceed. ARDEN HILLS CITY COUNCIL—JANUARY 29, 2007 5 Muriel Olson, 1498 Royal Lane, stated she has done a visual inspection of the road and there • were two spots that needed repair, but other than that she did not see the need to do this. She stated if they needed improvements, why could they not only do what needed to be done and not rip out the entire street. She believed the developers should have to pay for the streets and money be put into an escrow account. She did not believe the entire road needed to be done right now. Richard Peterson, 3322 Katie Lane, noted in the 18 years he had lived there, Katie Lane had been seal coated one time approximately four years into the origination of the neighborhood and since then cable had been put in so they had tracks horizontally across. He noted temporary surface repair had been put in, but this had not been completed. He agreed with everyone's comments that a seal coat should take care of this. He opposed ripping the street up, even if they were not going to build at the end of the road. He stated the idea of doing anything prior to construction was a huge concern for all of the residents. He asked staff to relay to the contractor the residents' concern about the wear and tear on the road due to construction equipment. Steve Peterson, 1491 Royal Lane, stated he agreed with Ms. Olson's comments. He noted there were two potholes, but other than that the street was fine and when the street deteriorated it really was a result of construction traffic. He supported the development of some escrow fund that contractors would have to contribute to to help with the road repair. He suggested a third tier for assessments. He noted Royal Lane was an access street and a lot of the wear and tear on the street was not from the residents because there were only six homes on Royal Lane. John Borchardt, 3304 Katie Lane, stated he was also concerned about the construction traffic on • the road. He asked if they were going to continue Katie Lane back onto Cleveland that the construction traffic use their own road instead of using Katie Lane. Steve Jorgenson, 3326 Katie Lane, stated there were a number of people in attendance that all felt the same way. He believed their street did not need to be reconstructed at this time and that the additional lots would cause additional damage that would not be necessary at this time. He also agreed Option 2 was the more appropriate way of assessing. Mayor Harpstead continued the public hearing to the next Council meeting. Mr. Lehnhoff noted the ten lots were not approved and no application has been submitted to the City. The developer was only putting out an interest inquiry. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to continue the public hearing on the 2007 Pavement Management Program to the February 12, 2007 Council meeting. The motion carried unanimously(4-0). 7. NEW BUSINESS A. Motion to Adopt Or-dinanee #384 to Plaee a Moratorium on the Constr-netion of New and the ,.gin of E stine—glee Ch ane nble Copy Siens—Eleetrome ARDEN HILLS CITY COUNCIL—JANUARY 29, 2007 6 Moved to Consent Agenda. • B. Motion to Approve Planning Case 06-035, Variance for John and Jeri Huyett at 3203 Shorewood Drive, based on the Findings of Fact and the Submitted Plans as Amended by the Four Conditions in the January 29,2007 Planning Case report Mr. Lehnhoff requested Council consider a motion to approve Planning Case 06-035, Variance for John and Jeri Huyett at 3203 Shorewood Drive, based on the Findings of Fact and the Submitted Plans as amended by the Four Conditions in the January 29, 2007 Planning Case report. MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to approve Planning Case 06-035, Variance for John and Jeri Huyett at 3203 Shorewood Drive, Based on the Findings of Fact and the Submitted Plans as Amended by the Four Conditions in the January 29, 2007 Planning Case Report. The motion carried unanimously(4-0). C. Consider- Calendar Based on our Four Criteria in the innuar-Y 07 Memorandum Moved to Consent Agenda. D. 2006 Community Development Department Year in Review • Ms.Barton reviewed the Community Development Department highlights for 2006. E. 1. Adoption of Resolution 07-27: Ordering Preparation of a Feasibility Report for Asbury Avenue and Ridgewood Road from City limits to Glenhill Road 2. Approval of a Construction Agreement with the City of Roseville Councilmember Holmes arrived at 8:30 p.m. Ms. Giga stated the City of Arden Hills has received a request from the City of Roseville regarding its next area for street reconstruction, the Asbury Avenue/Ridgewood Road neighborhood (Roseville's "Neighborhood 10"). City limits are midblock; some properties are even divided by the border. Roseville would like Arden Hills to consider the option of extending the project up to Glenhill Road, which would include approximately 300 feet of Asbury Avenue and 400 feet of Ridgewood Road located within Arden Hills. Staff recommended the Council authorize preparation of the feasibility report and approve the construction agreement with the City of Roseville for the proposed improvements. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to adopt Resolution 07-27: Ordering Preparation of a Feasibility Report for Asbury Avenue and Ridgewood Road from City limits to • Glenhill Road and the approval of the Construction Agreement with the City of Roseville. The motion carried unanimously(5-0). ARDEN HILLS CITY COUNCIL—JANUARY 29, 2007 7 • 8. UNFINISHED BUSINESS A. TCAAP Ms. Barton updated on the Council on recent TCAAP developments. 9. COUNCIL REQUESTS A. Councilmember Holden asked if they could get the 2006 Annual Fire Report specific to Arden Hills. B. Councilmember Grant welcomed the new Finance Director. C. Councilmember Holmes states she had forwarded to Council the TCAAP newsletter draft and requested Council's comments on this. She asked if the TCAAP committee needed to review the newsletter. Ms. Barton responded the Master Development Advisory Group would not be involved in the TCAAP newsletter draft or reviewing the newsletters. Councilmember Grant stated the Council was adjourning to a closed session to discuss the TCAAP Offer to Purchase pursuant to MS 13D.05 SUBD 3.b. MOTION: Councilmember Grant moved and Councilmember Holden seconded a • motion to adjourn to a closed session to discuss the TCAAP Offer to Purchase pursuant to MS 13D.05 SUBD 3.b. The motion carried unanimously(5-0). Mayor Harpstead adjourned the Regular City Council Meeting at 8:44 p.m. Stan Harpstead Michelle Wolfe Mayor City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, February 12, 2007 at 7:00 p.m. at the Arden Hills Council Chambers. •