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HomeMy WebLinkAboutCC 09-08-2003 . . . ~ ~~HILLS MEETING MINUTES Approved: September 29, 2003 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 2003, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE IN MEMORY OF SEPTEMBER 11, 2001 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 (arrived at 7:18 p.m. with prior notice), and Brenda Holden. Absent: None. Also present were City Administrator, Michelle Wolfe; Director of Community Services, Aaron Parrish; City Attorney, Jerry Filla; Operations and Maintenance Director, Thomas J. Moore; City Engineer, Greg Brown; City Planner, Pete Hellegers; and Recording Secretary, Kathleen Altman. Mayor Aplikowski introduced and welcomed the new City Administrator, Michelle Wolfe. 1. APPROY AL OF MEETING AGENDA MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (4-0). . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 2 2. APPROVAL OF MINUTES A. August 23, 2003 Council Meeting Councilmember Grant requested the following changes: None. Councilmember Larson requested the following changes: Page 4, second paragraph (first COlllll1ent by Councilmember Larson), should read: "Councilmember Larson summarized the concerns of the Planning Commission regarding the various materials being stored on the adiacent parcel owned by All American Engineering. Page 7, under Councilmember Larson's Council COlllll1ents, second sentence, should read: He noted the cities also had a Joint Power Board, and there was a proposal. . . " Councilmember Holden requested the following changes: None. Mayor Aplikowski requested the following changes: None. Ms, Wolfe requested the following changes: None. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the August 23, 2003 City Council Meeting Minutes as amended. The motion carried unanimously (4-0). 3. CONSENT CALENDAR a. Claims and Payroll MOTION: Councilmember Larson moved and Councilmember Grant 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. PUBLIC INQUIRIES/INFORMATIONAL None. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 3 5. PUBLIC HEARINGS None. 6. COMMUNITY SERVICES A. PlanniDl!: Case No. 01-05: Chesaveake Master Plan PUD Extension Mr. Parrish stated the applicant was requesting an extension of the previously approved Master Plan PUD. He indicated staff had sent a letter to ATS Steel representatives informing them of the extension request. He noted the City Attorney indicated there were no significant legal implications if the extension were to be granted again. He stated, however, the applicant was requesting a 24- month extension, but since the City's development regulations could change over a 2-year period, staff would suggest a l2-month extension instead. He noted the owners of ATS Steel were objecting to the l2-month extension. Councilmember Grant asked why staff was reconunending 12 months instead of 24 months. Mr, Parrish replied in the event development regulations were changed, staff believed two years was too long of a period to have this reevaluation. Mr. Filla stated good faith negotiations between the two parties should not be an issue for the Council to consider. He indicated these negotiations were private and did not involve the City. Daniel Beeson, representative for Peggy and Mark McKee, stated Mrs. McKee has been actively engaged in marketing the property for its fair market value since fall 2000. He stated his clients were adamantly opposed to the extension of the PUD as it related to their property. He noted this developer had two and one-half years to develop this property, which they have not done. He stated condition number 14, required the acquisition of the McKee parcel and he did not believe Chesapeake had negotiated in good faith. He stated the condition did not give any incentive for Chesapeake to negotiate in good faith, and he noted his clients had been harmed by this condition. He asked the Council to deny the extension, exclude the McKee property, or start a condemnation proceeding. He stated Mrs. ~ . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 4 McKee was unable to market this property in the market place with this "cloud" over the property. Councilmember Rem joined the meeting at 7:18 p.m. Councilmember Larson stated if Chesapeake had a major tenant, he believed Mrs. McKee would have a major advantage for negotiations. He noted he was not convinced by the argument that the Council needed to do something. Mr. Beeson replied the playing field was not level at this time and the concern was not with the City Council, but the Council had given Chesapeake an unusual leverage. He again asked the Council to exclude his client's property so they could market it on the open market. Mayor Aplikowski asked what would happen if they did not grant the extension. Mr. Parrish replied Chesapeake could have to go through the process again. He noted Chesapeake would like the extension, so when they had a tenant, they would be ready to proceed. He stated in the past, the Council had no interest in a condemnation process. He noted this property was a legal non-conforming to date and it could be used as a manufacturing warehouse facility, but they could not expand. He indicated Mrs. McKee was not obligated to sell to Chesapeake. He noted Mrs. McKee could sell the property and let the new owner negotiate with Chesapeake ifthey wanted. Mayor Aplikowski asked how they could "carve out" this property. Mr. Filla replied they would have to conduct a public hearing to amend the plan. Councilmember Grant stated he did not believe it would make sense to exclude this property from ofthe PUD. Peter Carlson, Chesapeake Companies, stated they were attracted to this parcel because it was in a redevelopment district. He stated the request for the PUD did not affect A TS property. He noted A TS was a non-conforming use under the Gateway Business District. He stated the PUD did not change ATS' ability to market the property. He noted the limiting factor was the non-conforming use and the PUD was not the inhibitor to a sale. He stated they did not change the legal . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 5 status of A TS' property. He stated the Master PUD Plan was a good step for them to pursue and it is a good compromise between the developer and the City. He stated they had attempted to purchase the A TS property since fall 2000 and he believed they had negotiated in good faith. He indicated he did not believe they were that far apart in the purchase price and valuations, but they could not pay a premium for this property. He noted they had no animosity with A TS and wanted to sit down and discuss an offer. Councilmember Larson asked if there was a reasonable period of time in which the City could say they had given Chesapeake. He noted the City's interest was to see this land developed. Mr. Carlson replied Chesapeake was the owner of the property and the market at this time was not good for development. He indicated they could hold onto the property for many years until the market turned around. Councilmember Grant asked if ATS Steel were to get a buyer and close on the deal, if he understood Chesapeake would need to start negotiations all over again with the new buyer. Mr. Carlson replied they understood this, but if Mrs. McKee were asking too much for this property, they would simply develop their parcel and leave the A TS Steel parcel as a non-conforming use. Councilmember Grant asked if Chesapeake would oppose a condemnation property. Mr. Filla replied condemnation was not part of the City's plan at this time, and if Chesapeake wanted to develop the area, they would need to acquire the A TS property and the City was not in the position to mediate the sale of this property. He noted there was no cloud on the property and A TS could continue to use the property under the City's zoning regulations. He stated the City had made it very clear that the sale of this property had to occur in the private sector and no condemnation had been talked about. Councilmember Grant stated it was not his intent to have the City condemn the property. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 6 MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Planning Case No. 01-05: Chesapeake Master Plan PUD with an extension of 12 months. The motion carried unanimously (5-0). B. i. Resolution No. 03-57: SeWn!! Preliminary Levy for 2004 Mr. Parrish stated by September 15, 2003, cities were required to adopt and certify to the County their preliminary levy and truth in taxation dates for the upcoming fiscal year. He noted the preliminary levy was proposed to increase by three percent, which contemplated levying back the 60% of lost state aids allowable under legislatively mandated levy limits. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve Resolution No. 03-57: Setting the Preliminary Levy for 2004. The motion carried unanimously (5-0). ii. Resolution No. 03-58: Adoptin!! Truth in Taxation Hearin!! Dates Mr. Parrish stated in keeping with past practice, the truth in taxation hearing date has been set for the first Monday of December, or December 1. If necessary, a continuation hearing has been set for December 4th, with the adoption hearing set for December 8. It is anticipated the Council will consider adopting the final budget and levy for 2004 on December 8. MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to approve Resolution No. 03-58: Adopting Truth in Taxation Hearing Dates. The motion carried unanimously (5-0). C. Plannin!! Case No. 03-03: Comprehensive Plan Amendment and Rezonin!! Mr, Hellegers stated at the June 4, 2003 Planning Commission meeting, the Commissioners approved a Comprehensive Plan Amendment and Rezoning for certain properties generally located south of County Road E-2, west of New Brighton Road, east of Cleveland Avenue and north of the Cottage Villas development for two reasons. First, there were inconsistencies between the Zoning Map and Comprehensive Plan (Future Land Use) Map. Second, because ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 7 . the Future Land Use Map did not seem to follow property lines, which produced some strange results. These results were small portions of property east of the drainage ditch being designated as Neighborhood Business when they had no access from Cleveland Avenue and the remainder of the property to the east of the drainage ditch was designated as Low Density Residential. Mr. Hellegers referenced Ordinance No. 345, Resolution No. 03-59 and Ordinance Summary No. 345 which were presented to the Council. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Planning Case No. 03-03: Comprehensive Plan Amendment and Rezoning. The motion carried unanimously (5-0). Mr, Filla noted the Council also needed to approve the Ordinance summary. MOTION: Councilmember Rem moved the Councilmember Larson seconded a motion to approve the Ordinance No. 345 summary. The motion . carried unanimously (5-0). 7. OPERATIONS & MAINTENANCE A. Cummings Park Shelter Design Mr, Parrish stated Guidant had received a $450,000 estimate for the construction of this shelter. He indicated the reason for this high price was because the designer designed it with the Tony Schmidt Park buildings in mind. He stated Guidant, in accordance with the development agreement, was obligated to pay $350,000. He noted the City could contribute $100,000, which would come out of the Park Fund to complete the $450,000 building, or they could go back to the original design, which was the preferable design and would not cost the City any additional funds. He indicated staff recommended going back to the original design. Councilmember Rem asked if the building would be located in the same place as shown on the diagram. . Mr. Parrish replied the exact location of the building had not yet been determined, but he believed it would be located a little bit to the south of where it . ~ . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 8 was shown on the concept layout. He noted it was centrally located within the park. Councilmember Grant asked if the PTRC had been consulted regarding going back to the original design. Rich Straumann, Chairman of the PTRC, stated he was disappointed he was not previously notified about this being on the agenda. However, he stated he believed the PTRC would agree with the original design, but encouraged the building be located farther south to provide distance from the spruce trees. He stated he believed the PTRC would agree with this to stay within the budget. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to go back to the original park shelter design as presented in the drawings C2, and C4 of the Council handout. The motion carried unanimously (5-0). 8. ADMINISTRATION None. CITY COUNCIL REPORTS Ms. Wolfe - None. Councilmember Larson - Stated Guidant had indicated they might give a grant for a band shell. He noted the City should think creatively if there was a band shell. He noted the City might want to look at the option for a mobile band shell, or do something in coordination with the School District, or possibly do something in combination with County Road E and the business district. Councilmember Holden - Asked for an update regarding the request from a resident regarding a "Children at Play" sign being placed in their neighborhood. Mr. Moore replied the City no longer had a Safety Committee, so when a request came in for signage, staff requested a petition be signed by the majority of the neighborhood, which would then be submitted to Council for approval. He noted this particular neighborhood would be two streets. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 9 Councilmember Rem - Stated the Northwest Youth and Family Services were having their fall fundraiser on Friday, October 24, 2003. She stated she had received an e-mail from a resident on Glenview Avenue regarding a "no parking" sign on their street. Mr. Moore replied "no parking" signs was a difficult issue and he believed it was a no win situation for the City. He indicated they would have opposition to posting "no parking" signs in this area. He stated this would need to be an all or nothing issue and he believed this would be a controversial issue. He suggested if the Council wished to pursue this, they should have a discussion at a work session or possibly at the neighborhood meeting. Mr. Filla replied one of the things the City needed to do was adopt an Ordinance that the signs would be located at certain spots and once the signs were designated it was enforceable. Councilmember Rem noted the issue was not just the parking, it was the litter and loitering that was the issue. Mr. Moore suggested notifying the school that this could possibly take place and invite District 621 representatives to the neighborhood meeting. The Council decided to not post any signs until they obtain neighborhood input during the October neighborhood meeting. Mayor Aplikowski requested the Sheriff also be present at this meeting to explain the all or nothing posting of the signs. Councilmember Larson suggested rather than posting individual signs on each street they could post signs at the entrances to the neighborhood indicating no parking during the school year between certain times. Councilmember Grant - Stated when he referred to the Cummings Park Shelter, Guidant and Kraus Anderson were building it and the City was not paying for it. He noted the PTRC was not meeting this month, but at their next meeting they would be reviewing a park shelter design for Perry Park. He presented a picture of . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 10 a residence on Ingerson Court that had a tuck under garage that he was not sure had an access with the reconstruction of the street. Mr. Parrish noted if this resident came in for a driveway permit, it would not be granted because the Zoning Ordinance indicated a residence could only have one access and therefore could only have one curb-cut. Mayor Aplikowski noted she had spoken with this resident, and this extra garage was being used as a utility shed and she did not believe this was a hardship for the resident. Mr. Brown noted the resident could still store a boat or trailer in this garage with no difficulty. Mayor Aplikowski - Stated the St. Paul Chamber had backed off their position regarding the Post Office coming to Arden Hills. Mr. Parrish - Stated Senator Dayton was planning some kind of postal service meeting in the future. Councilmember Larson suggested the City might want to file a request for Freedom ofInformation Act with the Post Office. Mayor Aplikowski stated she had asked staff to check the minutes regarding a stop sign at the bottom of the hill on Ingerson Road and there was no indication in the minutes that the Council had approved a stop sign at this location. Mayor Aplikowski asked where the neighborhood meeting would be held. Mr. Parrish stated they had tried to pin down a location for precinct one, which they were unable to do, so that precinct would meet at City Hall. He stated all residents would receive notice as to where their neighborhood meeting would be located, but the meetings would either be in the neighborhoods or at City Hall. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 11 Mayor Aplikowski adjourned the Regular City Council Meeting at 9: 14 p.m. / ~~ .. . /;:)~.c.~ {. . /!Jl.J<H?V".-6 B'everly Ap 0 ski Mayor NOTICE OF MEETINGS The next Council Meeting will be held Monday, September 29,2003 at 7:00 p.m. in the Arden Hills Council Chambers.