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HomeMy WebLinkAboutCC 03-29-2004 . . . ~ ~HILLS DRAFT CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MARCH 29, 2004, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the Regular City Council Meeting at 7:04 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, Lois Rem, and Brenda Holden. Absent: None. Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Assistant City Administrator, Aaron Parrish; Director of Operations & Maintenance, Thomas Moore; Finance Director/Treasurer, Murtuza Siddiqui; City Planner, Peter Hellegers; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Councilmember Holden requested item 6F be pulled from the agenda and discussed at a future Work Session. Councilmember Larson requested the update TCAAP Work Session scheduled for the end of the Regular Council Meeting be moved up to item 61. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to pull item 6F from the agenda to be discussed at a future Work Session. The motion camed unanimously (5-0). MOTION: Councilmember Larson moved and Mayor Aplikowski seconded a motion to approve taking up consideration of Resolution No. 04-34 along with the TCAAP update to item 61. The motion camed (4-1) (Councilmember Grant). MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 1 \Earth \Admin ICouncil\Minutes\Regular\2004 103 - 29-04.doc ARDEN HilLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 2 . 2. APPROVAL OF MINUTES A. March 8, 2004 City Council Meeting B. March 15,2004 City Council Work Session Councilmember Holden requested the following changes: None. Councilmember Grant requested the following changes: Page 7, March 8, 2004 Council Meeting Minutes, last paragraph second sentence should read: "He expressed concern that this Resolution made it seem as if everything occurred at Mounds View High School, and he noted the events also occurred at lrondale High School and not just Mounds View High Schoo!." Councilmember Rem requested the following changes: None. Councilmember Larson requested the following changes: Page 8, March 8, 2004 Council Meeting Minutes second paragraph, last sentence, delete "the City was" and insert "that Councilmembers were". Page 9, March 8, 2004 Council Meeting Minutes under his Council Report, change "Chiefs" to "Chief". Page 3, March 15,2004 Council Work Session, his Council Report should read: It was reported that the Legislative Commission on Public Emplovee Pension recommends... Page 2, March 15, 2004 Council Work Session under 2E add a sentence . to read: The Council agreed to retain the broader Human Rights Day. Mayor Aplikowski requested the following changes: Page 6, March 8, 2004 Council Meeting Minutes last sentence, change Mr. Wolfe to Ms. Wolfe. Ms. Wolfe requested the following changes: None. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the March 8, 2004 City Council Meeting and the March 15, 2004 City Council Work Session Minutes as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a. b. c. d. e. . f. Claims and PaYToll Resolution No. 04-28, Supporting the Enactment of a Street Utility Fee Resolution No. 04-32, A Resolution Rescinding Special Use Permit 93-24 Resolution No. 04-33, Approving a Charitable Gambling Premises Permit for the Light Brigade at McGuire's Approve Payment No.2 for Booster Station Rehabilitation Project in the amount of $11,447.50 Approve Payment No.2 for Lift Station #7 RehabilitationlKarth Lake Pumping Project in the amount of$102,850.80. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29,2004 3 . MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 4. PUBLIC INQUIRIES/INFORMATIONAL None. 5. PUBLIC HEARINGS None. 6. NEW BUSINESS A. PLANNING CASE 04-03: PAUL SPENCER, 1863 LAKE LANE, VARIANCE Mr. HelIegers stated the applicant was requesting a variance of 19.80 feet from the principal structure rear yard setback and a variance of 13.30 feet from the principal front yard setback. The variance would allow the applicant to approve the front porch entry, and also to construct an . attached two-car garage to replace the existing attached single-car garage. Mr. HelIegers indicated the Planning Commission reviewed this and made the following recommendations: I. The circumstances for which the variances are requested are unique to the property. 2. Granting of the variances would be in keeping with the spirit and intent of the City's Zoning Ordinance. 3. The property in question could not be put to a reasonable use without the granting of a vanance. 4. The hardship was not created by the owner. 5. Granting the variance would not alter the essential character of the neighborhood. Paul Spencer, applicant, thanked the Council for considering his plans. Councilmember Grant asked if they planned to put in a basement under the garage. Mr. Spencer replied the basement would not be under the garage, just under the addition. Councilmember Grant asked if they would have any egress windows in the new addition. Mr. Spencer replied there would be one egress window in the basement of the addition. . MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Planning Case 04-03: Paul Spencer, 1863 Lake Lane, Variance with the conditions as noted in staffs March 29, 2004 report. The motion carried unanimously (5-0). ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 4 . B. PLANNING CASE 04-06: MSP COMMERCIAL, 3130 CLEVELAND AVENUE, MASER AND FINAL PLANNED UNIT DEVELOPMENT (PUn) Mr. Hellegers stated the applicant was requesting approval of a Master and Final Plan Planned Unit Development (PUD) to construct a new office/medical building. Discrepancies from the Neighborhood Business District Standards include: a clinic use in excess of 3,000 square feet (7,368 gross square feet proposed), parking setbacks which are less than the 20 foot standard (12 feet to the west, 16 feet to the south), and the use ofEFIS as an exterior material (currently not allowed in the NB District). Authorization for the Mayor and City Administrator to execute the attached easement forms and Planned Unit Development PermitJDevelopment Agreement has also been requested. Mr. Hellegers noted the Planning Commission had requested the City Engineer to take another look at the plans to verify that the drainage area at the northwest comer of the property would not adversely affect neighboring property owners. The City Engineer had reviewed the plans a second time and confirmed that the drainage area should not adversely affect neighboring property owners. Mr. Hellegers stated the Planning Commission reviewed this case and recommended approval subject to the following conditions: . 1. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 2. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. 3. The building and attic shall be sprinkled. 4. The applicant shall submit a landscape performance bond or other surety for 125% of the cost of materials and installation valid one year from the date of installation prior to the issuance of a building permit. 5. The applicant shall obtain all necessary permits from the Rice Creek Watershed District and Ramsey County. 6. The concrete curb and walk at the front entry to the building shall include an ADA compliant curb cut and ramp. 7. Decorative lighting as approved by City staff shall be required for parking lot lighting. 8. Two freestanding monument style signs, not to exceed 60.5 total square feet total, shall be allowed on the property. The signs shall be located so that a clear vision triangle is maintained. 9. A revised grading and drainage plan responsive to the issues outlined in the February 17, 2004 Memo from the City Engineer be submitted to the City Engineer for his approval. 10. The applicant shall provide and install a 6-foot wide bituminous trail along the public right-of-way on Cleveland Avenue and County Road D. 11. The applicant shall provide a 15' x 15' sign easement for gateway signage near the intersection of County Road D and Cleveland Avenue. . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29,2004 5 . 12. A bicycle rack shall be provided as indicated on the Site Plan from Genesis Architecture and received by the City on February 4,2004. 13. A PUD Permit and Development Agreement shall be approved by the City Council prior to the issuance of a building permit. 14. Parking lot lighting be revised and submitted to the City Planner for approval prior to issuance of a building permit. Councilmember Holden asked if there would be any PET scans used at this facility and if there would be radioactive isotopes used. Dick Zehring, President MSP Commercial, stated there would be a CT scan, but he did not know the specifications. He also believed they would have an MRI scan. He did not know if there would be a PET scan used, but there would be shielding in the walls. Councilmember Larson asked why they chose to use materials that were different from the Ordinance. Mr. Zehring replied they were different, but it was essentially all masonry. He stated he believed the stucco material and the color variations "dressed up" the building more. . Councilmember Larson expressed concern about the building materials and the deviation from the Ordinance. He stated he would like to see brick on the building. He indicated it was not consistent with the building materials in the Zoning Code. He requested they come back and use the materials asked for. Mr. Zehring replied they took the previously approved project, which included these building materials, and made massive improvements. He noted their current construction schedule would not permit them to come back. He stated they had made a commitment to the radiology group that they could occupy the building by a certain date, and if they did not move in on that date, they would not be able to build on that site. Councilmember Holden stated this was a nice win-win situation for the neighborhood and stated she was in favor with the building as it was. Mark McGuire, 2030 Glen Paul, stated the neighbors would like to recommend approval for this PUD. He believed this was a good development and was a much better development than what was previously approved. He noted this was a one-story building that was better screened, which were the two main points the neighbors wanted. He noted there was a residential home to the north that was stucco and he believed the materials would fit in well with the neighborhood. He thanked the developer for working well with the residents. He asked the Council to consider the neigbbor's wishes and approve this PUD. Mayor Aplikowski stated at this point, she believed they would be remiss if they changed the building materials when they had been previously approved. She believed this building would fit into the neighborhood and it had the support of the neighborhood. She stated she was going to vote in favor of this. . Councilmember Larson asked why they could not use brick instead of concrete masonry block. Mr. Zehring replied it was a matter of time as well as economical restraints. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 6 . MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve Planning Case 04-06: MSP Commercial, 3130 Cleveland Avenue; Master and Final Planned Unit Development (PUD) with the conditions as noted in staff's March 29, 2004 report. The motion carried unanimously (4-1) (Councilmember Larson). c. PLANNING CASE 04-02: SPECIAL USE PERMIT SOPHOMORE DORM BETHEL COLLEGE; 3900 BETHEL DRIVE; (SUP) MASTER PLAN AMENDMENT; NEW Mr. Hellegers stated the applicant was requesting approval of an amendment to their Special Use Pennit (SUP) Master Plan, a Site Plan review, and height variances to allow for the construction of a new 4-story dormitory on the northeast portion of the campus. Mr. Hellegers indicated subsequent to the Planning Commission meeting, the applicant submitted a revised planting schedule which included additional caliper inches of trees. The total caliper inches on the revised planting schedule include some of the plant materials currently on site. This is consistent with the requirements for landscape plans. He noted while the total caliper inches had been increased to meet the City's overall caliper inch standards, the minimum . percentages oftrees in various size ranges do not meet the City's standards. Mr. Hellegers stated the Planning Commission reviewed this case and recommended approval subject to the following conditions: . I. The applicant shall continue to abide by the conditions of approval as stated in the approved Special Use Permit (SUP) and Master Plan and subsequent SUP Amendments. 2. The applicant shall permanently maintain a 60-foot clearance around the entire building. 3. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 4. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. 5. Revised utility, grading, drainage, and erosion control plans shall be submitted to the City Engineer for approval prior to the issuance of a building pennit. 6. Standpipes shall be required in the proposed dormitory. 7. The applicant shall verify the location ofthe F.D.C. 8. The F.D.C. shall be located within 150 feet ofa fire hydrant. 9. The applicant shall submit a landscape performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation prior to the issuance of a building permit. 10. The applicant shall submit a revised landscape plan and planting schedule to comply with city landscape standards which shall require approval of the City Planner prior to the issuance of building permits. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 7 . 11. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities. Copies of such permits should be provided to the City. Bruce Kunkel, Bethel Vice President Student Services, stated this was an important project for Bethel and was consistent with the Master Plan. He noted they had received approval from the Rice Creek Watershed District, even though they impacted a small area of the wetland area. He indicated the building was placed where it was to save a forest of trees. He noted, while there would be some trees removed, the majority of the trees would remain. With respect to parking, they would manage the number of spaces given to sophomores to around 150 vehicles. They would manage that number to the existing parking they had on campus and not pave the entire campus. He indicated they did not see an impact to traffic or parking with this development. Councilmember Larson asked how many additional students did they anticipate with this development. Mr. Kunkel replied he assumed it would bring the enrollment somewhere to 2,850 students, which would be approximately 200 additional students. He indicated in the foreseeable future, their goal was to keep the enrollment under 3,000 students. . Councilmember Grant thanked them for minimizing the amount of traffic coming into campus with this proposed development. He asked if there would be signage on the building. Mr. Kunkel replied they would not have signage on the building, but the building would be seen from Ham1ine Avenue. However, it was still a heavily wooded area. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Planning Case 04-02: Bethel College, 3900 Bethel Drive, Special Use Permit (SUP) Master Plan Amendment and site plan subject to the eleven conditions of approval as listed on staffs report to the City Council dated March 29, 2001. Also, approve the height variances of 8 feet for the overall mass of the building height, 1.5 feet for the elevator penthouse, and 17 feet for the architectural feature. The motion carried unanimously (5-0). D. RESOLUTION NO. 04-29, APPROVING SIGN LOCATION ON NORTH SNELLING Mr. Moore stated in the fall of 2003, the Operations and Maintenance staff installed a "Local Traffic Only" sign on the west side of North Snelling Avenue, 25 feet south of the North Heights Lutheran Church entrance. The purpose of this sign was to help reduce the flow of traffic on North Snelling Avenue after events/services held at North Heights Lutheran Church. . Mr. Moore indicated that the Ramsey County Sheriffs Department had notified the City that they will not enforce this signage until the City Council approves its placement/installation. Mayor Aplikowski asked what "Local Traffic Only" means. Mr. Parrish replied only residents or visitors to a resident were allowed to drive through the neighborhood. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 8 . Councilmember Larson asked instead of a "Local Traffic Only" sign, maybe they only needed the sign that stated "No Right Turn". He pointed out that two signs in that area was confusing. David McClung, 4370 North Snelling Avenue, stated he supported this "Local Traffic Only" sign. He noted the problem was the people turning right out of the North Heights property. He stated he did not believe there was currently a problem with people exiting off of Highway 96 onto Snelling Avenue to get to Hamline Avenue. He stated the problem was the traffic leaving North Heights Church. He noted the question was the enforceability of the sign. He encouraged the Council to look at the issue of the "No Right Turn" sign and make it enforceable. Councilmember Aplikowski asked how many other signs in the City did the Council need to pass Resolutions on that were currently not enforceable. Mr. Filla stated it was required by State law that all signs be approved by the City and most cities approved all of their signs with one motion. Councilmember Holden stated she wanted a "Local Traffic Only" sign in her neighborhood. . Mr. Parrish suggested the following be added to the Resolution: Third Whereas, a "No Right Turn" sign is a condition of North Heights 1984 Planning and Development approval and NOW THEREFORE, be it resolved that the City Council approved the placement of the "No Right Turn" sign as generally outlined on Exhibit A. Mayor Aplikowski stated she would not agree to this. MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to approve Resolution No. 04-29, Approving a Sign Location on North Snelling, the placement ofthe "Local Traffic Only" sign on the west side of North Snelling Avenue, in the City's right of way, 25 feet south of the North Heights Lutheran Church entrance. The motion failed (0-5). Mr. Filla stated they could take action on this at their next Council meeting with a new notice and revised Resolution. Mayor Aplikowski stated the motion would stand and requested staff to research the location of the "No Right Turn" sign and bring this back to the Council at their next regular meeting. Councilmember Larson stated he would prefer the "Local Traffic Only" sign be removed. Councilmemher Grant asked staff to review this road to see if it is an MSA street and if MSA allow "Local Traffic Only" signs on MSA streets. Mr. Moore replied it was not an MSA street and therefore, would not be an issue. . Mr. Filla stated the current "No Right Turn" sign was not up to MnDOT's specifications and therefore, it would need to be brought up to those specifications. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 9 E. APPROVE POSITION DESCRIPTION. SALARY. AND AUTHORIZE RECRUITMENT FOR THE CIVIL ENGINEER POSITION Mr. Parrish stated as part of the 2004 budget process, the Council evaluated civil engineering services and the advantages of hiring an in-house civil engineer. From an organizational perspective, staff is reconunending that the position be a direct report to the City Administrator. While the position would report to the City Administrator, it would not be a department head. Mr. Parrish noted based on tbe most recent Work Session and past City Council discussion, approval of the position description, revised compensation plan, and authorization to recruit to fill the vacancy was being requested. Councilmember Holden asked if this position would be "over" the consultant. Mr. Parrish replied that was one of the job duties. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the position description of Civil Engineer; to approve a revised compensation plan; and to authorize recruitment to fill the vacancy. The motion carried unanimously (5-0). F. EMPLOYEE RECOGNITION POLICY APPROVAL PULLED FROM THE AGENDA FOR DISCUSSION AT A FUTURE WORK SESSION. G. RESOLUTION NO. 04-30. SUPPORTING THE CONTINUATION OF THE METROPOLITAN RADIO BOARD Ms. Wolfe stated the goal of this Resolution is to support continuation of the board, which provides a method for local control over the regional public safety communication system. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve Resolution No. 04-30, Supporting the Continuation of the Metropolitan Radio Board. The motion carried unanimously (5-0). H. RESOLUTION NO. 04-34. SUPPORTING THE MINNESOTA ARMY NATIONAL GUARD Councilmember Rem stated the presence of the Guard had been problematic for a long time and she had been thinking about this Resolution for some time. She stated it was important that the City show their support for the National Guard. She noted the Guard had a large presence in the City and believed it was important to acknowledge them as being a large part ofthe City. Councilmember Larson stated he did not have a problem with the Resolution, except for the first Resolved paragraph. He noted that language could become problematic for the City in the . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 10 future. He suggested the language be changed to: Now Therefore Be It Resolved, that the City of Arden Hills publicly declares its whole-hearted support of our courageous and loyal troops. Mayor Aplikowski suggested striking all of the Resolved paragraphs and state the City supports the mission of the National Guard. Councilmember Holden stated she would like to retain strong Resolutions in this document. Mayor Aplikowski suggested deleting the words ''whole-hearted support" and insert "the mission", Councilmember Larson stated his only concern was that he did not want to "paint the City into a corner" when the City did not have all of the information. He noted everything needed to be balanced against the City's interest also. He wanted the City to be careful that they did not support something when they did not have all of the information. He stated he would support deleting "whole-hearted support" and insert the words "the mission". Councilmember Grant stated they needed to acknowledge that times had changed for both the National Guard and the military as well. He noted they needed to remember that the National Guard was there before the excess property and the National Guard needed to fulfill their mission and build their training center, and the City needed to be a good neighbor and be tolerant of their plans. He stated he would work with the National Guard in terms of finding a win-win situation. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Resolution No. 04-34, Supporting the Minnesota Army National Guard as amended with the change in the first Resolve paragraph to read: NOW THEREFORE BE IT RESOLVED, that the City of Arden Hills publicly declares it supports the mission of the Army National Guard. The motion carried unanimously (5-0). I. TCAAP UPDATE Mr. Parrish updated the Council on recent TCAAP developments. Mayor Aplikowski asked if the content of the letter was something the Council could support. Councilmember Larson replied he did not have any issues with the letter, but took issue to the first paragraph regarding the City not being supportive of the Guard's current or proposed training activity at AHATS. He requested that sentence be removed until it was more fully understood what the Guard was going to do. He stated he wanted to find out more of what they were proposing to do before they made a statement that they were approving this. He expressed concern that the Guard's uses with respect to their training were not compatible with the land. Mayor Aplikowski stated she did not want that sentence removed because she wanted to keep discussions open with the Guard. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 I1 . Councilmember Larson stated he was neither in support nor against this because he did not have all of the information. He noted the development team should have stopped when they drafted the letter and he believed they got ahead of the City by having further conversations and making comments. He stated he did not know what he was being asked to support because he had not seen it yet. He suggested waiting until they see what they were proposing. Councilmember Grant suggested the following language: "Given the presentation we have been given and our understanding of what the Guard is doing, we are in support of this". Councilmember Holden stated the development team should not have done what they did and right now the City was looking bad nationally. She noted the City did not own this land and the National Guard was going to do what it wanted with the land. She indicated the City had to work with the National Guard. Councilmember Rem expressed concern about the development team's activities. She noted the National Guard had conducted training exercises on this property for years and the City knew what occurred during their training exercises. She agreed that the National Guard was the owner of the property and the City did not own it. She asked how they could ask the National Guard about their future training when the City could not tell the Guard what the City's future plans were for that area. Ie Mayor Aplikowski stated it was within the realm of acceptability to say they were in support of the National Guard, but the City was concerned about the activity and these were some of the questions they wanted answered. She noted the development team got ahead of the City and the City needed to apologize for that, but the City did still have some questions that they wanted answered. She asked the Council to look at this letter as a business letter. She acknowledged the development team had made a mistake and did this without the City's knowledge. She noted she had spoken with the National Guard about the questions in the letter and they were expecting the questions. However, she indicated she did not have any objections to taking out the questions and keeping the discussions open with the Guard. Ms. Wolfe stated this letter was drafted as a starting point and was not intended as a final draft. As far as the wording to what the development team did, the information staff had was not first hand information and therefore, the letter was guarded regarding this. Mayor Aplikowski asked ifthe Council wanted to send the letter. The Council made changes and revisions to the letter for staff to redraft. J. APPROVE THE REVISED SCOPE OF SERVICES FOR TCAAP PHASE III PLANNING . Mr. Parrish stated at the March Work Session, the Council was presented with a proposed revision to the scope of services with DSU. He indicted in July 2002, the City Council approved a Scope of Services Agreement with DSU and a team of sub consultants in order to create a ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29,2004 12 . master plan for the TCAAP property. The planning was divided into five phases. The first two phases, which included an analysis of the site and the development of vision and goals, has been completed. The budget in the currently approved scope of services agreement is $483,770. He noted that an additional $26,535 would need to be approved in the interim agreement budget to account for the revised scope. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the Revised Scope of Services for TCAAP Phase III Planning conditioned on approval of the necessary budget amendment to the exiting interim development agreement with CRR, Incorporated. The motion carried unanimously (5-0). Councilmember Holden asked how they could work better with the development team to improve communications and be guaranteed something like this did not happen again. Ms. Wolfe stated she and Mr. Parrish had discussed with the development team regarding their recent activities and had informed them that this would not be allowed. She noted she had told them that they did not represent the City and could not be acting on behalf of the City. . Councilmember Rem stated this was not the first time they had these t)pes of problems with the development team and she believed it was in their best interest to simply drop them at this time even though they were already into this process. She stated she did not believe it would be difficult or time consuming to find another developer to work with them. Councilmember Larson acknowledged the development team had made a mistake, but believed it would be a rash decision to drop them at this point. He noted everyone had invested a lot of time and money in this. He stated he wanted to hear what the development team had to say about what happened. Councilmember Grant stated the development team had made a mistake and it was important that the development team was informed that another mistake like this would not be allowed. However, he did not believe they should look for another developer at this time. He requested the development team be informed that they had to work with the City on everything and they could not act on behalf ofthe City without the Council's permission. Councilmember Holden agreed with Councilmember Grant. She noted the City had to be kept informed of everything the Development team was doing. She expressed concern that the City was losing control over this. Councilmember Grant stated he believed the development team had some "bridges to mend" with the Congressional delegation. . Mayor Aplikowski stated she believed they needed an open meeting with the development team to discuss all of these issues. She expressed concern that there was a lot of distrust with the development team right now and asked how that trust could be built up again. . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29,2004 13 Councilmember Larson acknowledged the fact that there might be times that the development team needed to make fast decisions, but he did not believe the letter they sent to the National Guard was one of those times. Mayor Aplikowski stated the development team needed to be informed that they could not write letters on behalf of the City. The development team could make suggestions, but staff had to draft any letters. She suggested the Tuesday meetings be rescheduled to when more Councilmembers could be in attendance. She stated they needed to establish what kind of a working relationship they had with the development team and make that relationship clear to the development team. Councilmember Holden asked what kind of consequences the development team would have if this happened again. Mayor Aplikowski stated she believed this was two strikes against them, and if there was a third strike, they were out. She requested this be made clear to the development team. Councilmember Larson believed the Council should have a meeting with the development team to find out what happened and figure out what was going to be done differently in the future. . Mayor Aplikowski asked if the Council was comfortable having staff relay these messages to the development team. Mr. Parrish replied he believed it was beneficial to have Council be involved in this process and it would be helpful to have everyone in the same room to discuss these issues. Councilmember Rem stated she believed Council should be at a development team meeting and not rely on staff to convey their messages. Mayor Aplikowski directed staff to schedule a development team meeting for Monday, April Ii" at 5 :00 p.m. Mr. Filla stated the agreement will expire October 14, 2004 and there had been a request to extend the time period, but the City had not agreed to this yet. He noted this might explain why the pressure was mounting. 7. UNFINISHED BUSINESS A. RESOLUTION NO. 04-31. SUPPORTING HUMAN RIGHTS . Ms. Wolfe stated at the March 8, 2004 meeting, the City Council reviewed ajoint Resolution supporting human rights, which was prepared for consideration by all communities within the Mounds View School District. During that discussion, Council determined that they were interested in also adopting a specific Arden Hills policy, which would expand on the City's commitment to supporting human rights and specifically outline a list of efforts they will ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 14 . undertake to promote that support. She indicated the City Council had discussed the initial draft of the Resolution at the March 15 Work Session. Changes suggested at that meeting had been incorporated into the proposed Resolution. Once adopted, the initiatives outlined in the Resolution will be finalized in the work plan and implementation will begin. Mayor Aplikowski stated she had a concern with signing a Proclamation every year. Otherwise she did not have a problem with the Resolution. She stated she was not in favor of the Council issuing Proclamations. However, she would agree to change the word Proclamation to Resolution. The Council agreed with Mayor Aplikowski's suggestion. MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to approve Resolution No: 04-31, Supporting Human Rights as amended. The motion carried unanimously (5-0). B. JOINT CITY HUMAN RIGHTS RESOLUTION . Ms. Wolfe stated tbe City Council has seen and discussed earlier versions of the Resolution. The most recent changes requested by the City of Arden Hills has been incorporated into the draft Resolution. She indicated the City of Vadnais Heights had adopted the joint Resolution. She requested the Council authorize the Mayor sign a joint Resolution with the cities of Mounds View, New Brighton, North Oaks, Roseville, Shoreview, and Vadnais Heights. The Resolution clearly states that the City is committed to individual, joint, constructive, and peaceful responses to acts of terrorism and racism in the community. It further recognizes that, while were are no easy formulas to eliminate both terrorism or racism, we will continue to work together with the appropriate law enforcement agencies to protect the well-being of every person subject to such threats; and affirm that we hereby commit ourselves and our honor to the effort to eliminate terrorism and racism and to protect the freedom and safety of each person at the Mounds View Schools and in our communities. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the Joint City Human Rights Resolution and authorize the Mayor to sign the Resolution. The motion carried unanimously (5-0). CITY COUNCIL REPORTS Ms. Wolfe - Stated there was a request from MNDOT to have a City representative for the 1-35 study. She asked if any Councilmembers would be interested in this, or else someone from staff could attend. Councilmember Larson stated he would volunteer to be the City representative. . Councilmember Holden - Requested a six-month evaluation of the City Administrator per her contract. She thanked Mr. Moore for arranging with Xcel Energy to address resident's concerns regarding tree cutting and removal. , e j ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 IS Councilmember Grant - Stated the Assessment Policy Task Force met recently and they were looking at a unit assessment. He stated their next meeting was Thursday, April I. Couucilmember Rem - Stated Mounds View High School was having a first meeting of their task force on Tuesday, April 6. Councilmember Larson - Stated the Relief Association was having a training session this Wednesday, March 31 at 6:30 p.m. He reiterated that he did not believe it was good practice to keep giving building variances on materials, but if he was the only one that felt this way, they might want to consider changing the Ordinance. Mayor Aplikowski - Stated Councilmember Larson's concerns regarding building variances for materials should be discussed at a joint Planning Commission Work Session with the Council. She requested staff set up this meeting. She stated Guidant had received the loan of $250,000 fTOm the Department of Economic Development. She thanked staff for their assistance with this loan. She stated the Irondale Band had requested a letter signed by the Mayor for their project, which she would sign unless there were any objections. There were no objections to this request. Mayor Aplikowski adjourned the Regular City Council Meeting at 10:31 p.m. , ,--t-c~c;; ~~~~.-<~d< Beverly A lkow i Mayor NOTICE OF MEETINGS The next Council Meeting will be held Monday, April 12, 2004 at 7:00 p.m. in the Arden Hills Council Chambers. The Council Meeting will be preceded by a Special Work Session at 5:00 p.m..