HomeMy WebLinkAboutCC 01-13-1997
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MINUTES
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
JANUARY 13, 1997
7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS
CALL TO ORDERlROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular
City Council meeting at 7:30 p.m.
Present:
Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks,
Susan Keirn and Paul Malone.
Absent:
None.
Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post;
Community Development Director, Kevin Ringwald; Public Works Superintendent
Dwayne Stafford; Parks and Recreation Director, Cindy Walsh; Administrative Secretary
Sheila Stowell; and Recording Secretary, Cindy Schneider.
. ADOPT AGENDA
Councilmember Aplikowski requested the addition ofItem 6F, Discussion of Town Hall
Meeting.
MOTION:
Aplikowski moved and Malone seconded a motion to adopt the revised agenda
for the January 13, 1997, Regular City Council meeting. The motion carried
unanimously (5-0).
APPROVAL OF MINUTES
A. January 2,1997, Regular Council Meeting
B. January 7,1997, Special Council Meeting
Councilmember Malone requested the following correction on Page 5 of the January 2, 1997,
Regular Council Meeting minutes:
The paragraph beginning "This application is a special circumstance and contains a snecial
condition" should instead read "and reduces the extent of a non-conforming use".
MOTION:
Aplikowski moved and Keirn seconded a motion to approve the January 2, 1997,
Regular Council Meeting minutes as corrected and the January 7, 1997, Special
Council Meeting minutes as presented. The motion carried unanimously (5-0).
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ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997
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CONSENT CALENDAR
A. Claims and Payroll
B. Street Sweeper Equipment Options
Counci1member Malone questioned if the NSP statements have been merged into one payment
for ease of billing. Terry Post, City Accountant, indicated that the billing has been consolidated
to the extent possible.
MOTION:
Hicks moved and Malone seconded a motion to approve the Consent Calendar as
submitted and authorize execution of all necessary documents contained therein.
The motion carried unanimously (5-0).
PUBLIC COMMENTS
Mayor Probst invited the audience to address the Council on any issue not already on the agenda.
Lois Rem, 1670 Glenview Court, Arden Hills, stated that she sat through the Planning
Commission interviews on Tuesday, January 7,1997. She took issue with the Planning
Commission interviewees being told that no land use issues had come up regarding the Valentine
Lake townhome project. She stated there had been two hearings to that effect held, one on
March I, 1995, the other on March 27, 1995, and read excerpts from the minutes of those
meetings pertaining to the land use issue.
Mayor Probst responded that he appreciated the research. He indicated his question was based
on the fact that this was not a rezoning case, and clearly there is an issue with the consistency of
the maps between the land use, comprehensive plan, and the zoning ordinance, but the point he
was responding to was that there was not a rezoning involved in the exercise, it was a PUD.
UNFINISHED AND NEW BUSINESS
A. City Code, Review Chapters 4 & 5.
Brian Fritsinger, City Administrator, reviewed for the City Council that the City has from time to
time, as the League of Minnesota Cities submits completed chapters to the City, reviewed
portions of the Arden Hills City Code. To date, the City Council has reviewed Chapters 1 and 2.
Chapter 3 is anticipated to be presented at the January 27, 1997, Regular Council meeting. The
following will address the issues identified by staff and/or LMC in the order that they are found.
Chapter 4 - Animals and Pets
Revised Chapter 4 is the current Chapter 5.5. This chapter was reviewed by the City Council in
1994, and based on the recommendations of the animal control officer, it was revised at that
time. In rewriting this chapter, the LMC has suggested only minor corrections.
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The City Council may wish to discuss several areas of the chapter which were added in 1994 and
the merits of these sections:
Page 4-2, Subd. 3
Page 4-16, Section 420 - Kennels
Page 4-13, Section 430 - Cats
Mayor Probst indicated his desire to prohibit the raising of animals for pelts, as outlined in
440.05, page 4-18. Mr. Fritsinger indicated that portion was specific to wild/exotic animals.
Councilmember Keirn inquired regarding 410.01, if the keeper would now be referred to simply
as the owner. Mr. Fritsinger answered affirmatively.
Councilmember Malone inquired if a dairy farm would be prohibited by the City. Mr. Fritsinger
indicated this would be a zoning and land use issue.
A discussion ensued regarding the nuisance definition as it applies to minks being raised for
pelts. It was generally agreed that an operation of that scale would not be approved by the City.
Chapter 5 - Alcoholic Beveralles
Revised Chapter 5 is the current Chapter 3. LMC answers several of Mr. Fritsinger's questions
regarding the use of alcohol in Arden Hills. Some changes identified are substantial, however,
most are minor in nature.
Page 5-1, Subd. I
Page 5-2, Subd. 4
Page 5-2, Subd. 5
Page 5-2, Subd. 6
Page 5-3, Subd. 7
Page 5-5, Subd. 3
Page 5-5, 510.01, Subd. I
Page 5-6, D - Club Licenses
Page 5-8, F
Page 5-9, Subd. 5
Page 5-11, E
Page 5-13, C, 2
Page 5-15, Subd. 8
Page 5-16, Subd. 9
Page 5-18, Subd. 14A
Page 5-18, Subd. 14B
Page 5-20, Subd. I-C
Page 5-22, Subd. I
Page 5-23, Subd. 3
Page 5-28, Subd. 5-B, C, D
Page 5-30, Subd. 6, B, 5
Page 5-32, Section 520-04
Page 5-33, Section 520-09
Mr. Fritsinger indicated there was only one major issue, that of the winelbeer license granted to
Ma Ma D's Restaurant. The remaining changes were minor changes.
Councilmember Malone indicated his desire to change the phrasing of the City code to that of
State Statutes. He further expressed concern with 5.60, requiring that a club exist within City
limits for two years before being able to acquire a license.
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ARDEN HIf,LS CITY COUNCIL - JANUARY 13. 1997
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Mayor Probst indicated his concern with the following sections:
5-78, regarding prohibition of a license to a manufacturer. He indicated that a micro
brewery could fall under this definition. He indicated he would be generally favorable to a micro
brewery locating in Arden Hills, and the wording as it stands could present a problem.
5-7C, regarding the issuing of two of the same class oflicense to the same person.
5-11, Subd. 6, regarding the City's designated law enforcement agency to perform both
the background check and financial investigation. It is his feeling that the law enforcement
agency should not be responsible for a financial investigation.
5-18, regarding transfer of license to another person.
5-31, inquired regarding the 8-day notice for suspension and revocation oflicense. It
was indicated that Mr. Fritsinger was researching this question.
B. Ehlers and Associates, Inc., Agreement for Professional Services.
Mr. Post reviewed for the City Council that the TIF Agreement between the City of Arden Hills
and the Cottage Villas of Arden Hills Limited Partnership for the Cottage Villas senior apartment
project has become active in 1996 by virtue of the partnership incurring the costs of public
development activities in prior years and the partnership paying real estate taxes in 1996.
Mr. Post stated that Staff recommends that the Arden Hills City Council consider authorizing
Staff to enter into an agreement for professional services with Ehlers and Associates, Inc. for a
price not to exceed $2,500 for the purpose of providing tax increment compliance review
services for Tax Increment Financing District No. 2-H - Cottage Villas of Arden Hills, as
detailed in the attached proposal.
Councilmember Malone inquired if the charge for these services were chargeable against the
TIF. Mr. Post indicated that they were.
MOTION:
Malone moved and Keirn seconded a motion to authorize Staff to enter into
agreement with Ehlers and Associates, Inc. The motion carried unanimously (5-
0).
C. Economic Development Authority (EDA) Budget.
Mr. Fritsinger reviewed for the City Council that Resolution No. 96-08, "Resolution Enabling
the Establishment of an Economic Development Authority," was enacted in 1996, but that the
entity has been dormant until the present time.
Mr. Fritsinger recommended the Council authorize Staff to create an EDA fund, and that the
Council authorize staff to investigate a depository relationship in which to facilitate EDA
financial transactions. He stated that Staff will present a more extensive, formal 1997 budget
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ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997
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request for EDA Commissioner approval once additional information is known regarding the
other City economic development activity options.
Mayor Probst requested clarification that this was a request to only set up the fund at this time,
and not a budget. Mr. Fritsinger stated this was the case.
Councilmember Aplikowski inquired if this could be done automatically by the City Council.
Mr. Fritsinger stated the City Council could for the budget, but not for the fund.
Councilmember Malone inquired if this new fund would be co-mingled with other money. Mr.
Post indicated that it would be placed in a separate account.
MOTION:
Malone moved and Keirn seconded a motion to authorize the creation of an EDA
fund account for the CPI Loan Fund and staff to investigate a depository
relationship in which to deposit and expend funds of the EDA. The motion
carried unanimously (5-0).
D. Quad Ice Arena Agreements
Mr. Fritsinger reported the Council is being asked by the Minnesota Amateur Sports
Commission (MAS C) to consider approval of the National Sports Center Ice Arena Master
Agreement. MASC has requested that action be taken on this item prior to January 28, 1997. He
further stated that the Council should also consider approval of the Supplemental Agreement
with the Hockey Associations and Ramsey County.
Master Agreement
Mr. Fritsinger reviewed the content ofthe Master Agreement with regard to Terms, Financing,
Facility Operation, Joint Board, Obligations, Budget, Ice Usage, Financing Operations,
Operating Expenses, and Construction of Facility. He stated an agreement has been reached
with the MASC that no similar projects will be started in the State of Minnesota. Mr. Fritsinger
explained the MASC would be responsible for the fourth sheet of ice at this time, as no
community has stepped forward to purchase it. The MASC will continue to pursue other tenants
for this sheet. Mr. Fritsinger advised that City Managers have met to discuss the impact on
municipal bond ratings. The City's financial advisors have indicated that the obligation is a
disclosure item on any future bond issuance, and that there is no direct impact on bondable
capacity.
Mr. Fritsinger indicated that should the City approve the agreements, Staff would recommend
approval with the following conditions:
1.
Participation in the project by each member of MANS (Mounds View, Arden Hills, New
Brighton and Shoreview).
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2.
Approval and execution of the Supplemental Agreement, between the Cities of Arden
Hills, Mounds View, New Brighton, Shoreview, Ramsey County and the Mounds View
and lrondale Youth Hockey Associations.
Receipt of the $200,000 escrow payment from the Mounds View and lrondale Hockey
Associations upon execution of this agreement.
Payment of the $500,000 down payment by Ramsey County to MASC.
Minor corrections or revisions to the Master and Supplemental Agreements which are not
substantial in content will be reviewed and approved by the City Attorney and City
Administrator.
The Mayor and/or City Administrator will be authorized to execute all necessary
documents.
3.
4.
5.
6.
Mayor Probst inquired if the hourly rate for ice time is subject to Board approval. Mr. Fritsinger
replied that was the case.
Councilmember Keirn inquired regarding equal allotment of time with regard to the MASC's
ownership of the fourth sheet of ice. Mr. Fritsinger replied that ice time allotment is also subject
to Board approval, and that the Board also has input into the marketing of the sheet.
Councilmember Malone expressed concern with the wording of the Master Agreement with
regard to the funding and requested clarification. He was also concerned regarding the
possibility of MASC accruing costs to this project.
Councilmember Keirn also expressed concern that the MASC would market their sheet more
aggressively. Mr. Fritsinger replied that was not the original intent as shown in the Master
Agreement, however, he will ask for clarification from the MASC as a result oftheir
involvement in the fourth sheet.
Councilmember Aplikowski inquired if the Board sets the rate for all sheets, or if the MASC
could undercut the other communities. Mr. Fritsinger indicated this would not be the case, the
rate is set by the Board.
Mayor Probst indicated that if necessary, this matter could be held over for clarification until the
next City Council meeting on January 27, 1997. Mr. Fritsinger indicated the City has until the
end of the month to approve or deny this Agreement.
Councilmember Hicks indicated that he also had concerns regarding interpretation of the hours
and rates. He requested clarification of the amount of the bond, if it was to be $7.5 million or $9
million. Mr. Fritsinger indicated the bond was for $9 million.
Councilmember Hicks indicated his desire to table discussion of the Master Agreement at this
time.
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Supplemental Agreement
Mr. Fritsinger reviewed the down payment plan, and the various options the City has in meeting
this payment. He also reviewed the escrow agreement in regard to establishing a replenishing
fund, and the responsibility of each community of 1,000 hours of ice time.
Councilmember Aplikowski requested clarification that the four communities of MANS would
together be responsible for the 1,000 hours of ice time Mr. Fritsinger replied that would be the
case.
Mr. Fritsinger stated that MASC and our financial advisors have indicated there would be no
effect on the City's bond rating unless the project failed.
Mayor Probst indicated he favors the proposal for a replenishing escrow.
Councilmember Malone expressed concern that if this project was to fail, there are no assets to
attach from the Hockey Associations. He discussed the possibility of a buyout of the City's
sheet ifthe project should fail. Mr. Fritsinger stated he would discuss this proposal further with
Ehlers and Associates.
Mayor Probst requested clarification of the City's obligation if the project were to fail. Mr.
Fritsinger stated the City's responsibility would be a percentage of the hours for 25 years.
Councilmember Malone reiterated his desire for ownership of the City's sheet in the event of
project failure.
A discussion ensued regarding the City's share of the cost of a possible buyout.
Councilmember Aplikowski stated that the Master Agreement does contain a default clause
regarding End of Term Right of Renewal. Mr. Fritsinger stated this clause was in regard to
financial failure.
Mr. Fritsinger stated he would further discuss this clause with Ehlers and Associates.
Mayor Probst inquired how the changes from five $500,000 shares, with Mighty Ducks being
one of the five, would affect the overall project bonding requirements. Mr. Fritsinger stated he
would clarify this for the Council at the January 27, 1997 meeting.
MOTION:
Hicks moved and Keirn seconded a motion to table discussion of the Master and
Supplemental Agreements to the January 27, 1997 Regular Council meeting. The
motion carried unanimously (5-0).
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E.
1996 DOER Pay Equity Compliance Report
Mr. Fritsinger referred the Council to the attached 1996 Department of Employee Relations
(DOER) Pay Equity Compliance Report. This report includes information about the Arden Hills
Pay Plan as of December 31, 1996. He advised this report is required by the State of Minnesota
on a three-year reporting cycle. Staff has run the statistics through the DOER software and the
plan appears to be in compliance. The information included in this report is consistent with the
revised plan as discussed in 1995.
Mr. Fritsinger advised the City Council that Staff is recommending approval of the 1996 Pay
Equity Compliance Report, and to direct staffto submit the necessary documentation to the
Department of Employee Relations.
MOTION:
Hicks moved and Aplikowski seconded a motion to approve the 1996
DOER Pay Equity Compliance Report. The motion carried unanimously (5-
0).
F. Town Hall Meeting
Mr. Fritsinger indicated that Staff has been in discussions regarding the general format,
advertising and set-up. Staff has also been researching what information the residents are
interested in knowing about.
Mayor Probst indicated his pleasure with the package put together by Staff, and said it would be
of great help during the Town Hall Meeting.
Councilmember Aplikowski inquired regarding format of the Town Hall Meeting, its priorities,
and the seating arrangements of the City Council.
Mayor Probst indicated his desire to include the community in this process, and suggested
resident task forces be formed to deal with various issues.
A discussion ensued concerning the formality of the Town Hall Meeting. It was discussed
whether it would be more appropriate to have Councilmembers spread among the room, or to
have a more formal seating arrangement on the stage. The question and answer part of the Town
Hall Meeting was also part of this discussion.
Councilmember Aplikowski inquired regarding other participants scheduled to be a part of the
Town Hall Meeting. Mr. Fritsinger indicated the Sheriffs Office was the only agency confirmed
at this time.
Mayor Probst requested that, if time allows, that Staff prepare overheads of City maps and
parks, to allow for ease of explanation to a large group.
ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997
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It was generally agreed that the Town Hall Meeting format needed a great deal more discussion,
and that it would be discussed at the next Council Worksession scheduled for Tuesday,
January 21, 1997.
ADMINISTRATOR COMMENTS
Mr. Fritsinger gave a brief update on the condition of Highway 96. He indicated Ramsey County
is pursuing a temporary overlay oftms highway at no additional cost to the City and that it
should not change the time frame of the Highway 96 reconstruction.
Mayor Probst expressed concern that turnback funds not be used for the overlay.
Mr. Fritsinger asked for Council comments on the Hans Hagen property on County Road E, and
the Gateway Business District.
Mayor Probst inquired regarding signal lights in the Gateway district. Mr. Ringwald,
Community Development Director, replied he was meeting with Ramsey County regarding this
issue.
Mayor Probst indicated his opposition regarding the rezoning of the Hans Hagen property. He
. expressed concern regarding environmental issues and traffic problems.
Councilmember Keirn concurred, stating the traffic problems would only get worse in the area
with an addition of a gas station.
Councilmember Aplikowski stated that as far as she knows, the neighborhood is opposed to a gas
station on this corner. She further stated this corner is considered a difficult one to develop.
COUNCIL COMMENTS
Councilmember Keirn expressed her displeasure at Worksessions being held in the Public Works
Building. She stated she would like to move the Worksessions to the Army Reserve Building.
She stated that it is difficult for her to arrive on time to meetings due to her work schedule. She
also indicated that since the Worksessions cover the dinner hour, the City should consider
providing meals for those in attendance.
Mayor Probst inquired if the Worksessions could be moved to a 4:45 p.m. starting time. It was
generally agreed this should not pose a problem. Mr. Fritsinger stated most other communities
provide meals for meetings that are held over regular mealtimes, and he would look into the City
providing this service.
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ARDEN HILLS CITY COUNCIL - JANUARY 13.1997
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Councilmember Aplikowski stated the business community is interested in knowing more about
long range planning for Crime Watch and asked if a luncheon could be arranged combining these
two interests.
Councilmember Aplikowski also indicated she is a member of Women in Government, and
inquired if the City would consider paying her yearly dues to this organization. Mr. Fritsinger
replied that at this time, the City only pays for Mayor's Association dues.
Councilmember Malone gave a brief overview of the Fire Department Benefit Association
Board's two new officers.
Councilmember Hicks stated the Northwest Youth and Family Services meeting, which was to
be a retreat, has been delayed. The regular Board will now meeting Thursday morning. He also
indicated he will not be available for the Tuesday Worksession.
Mayor Probst inquired regarding the status of the new Building Inspector. Kevin Ringwald,
Community Development Director, indicated that the new Inspector is scheduled to start on
Monday, January 27, 1997.
A brief discussion of Christmas tree pickup difficulties ensued, with Mr. Ringwald stating that
New Brighton will take drop-offs at no charge until January 17, 1997.
Mayor Probst indicated he was pleased to see the possibility of another parks grant. He spoke
briefly of the City's letter in the League of Minnesota Cities newsletter.
ADJOURN
MOTION:, Malone moved and Hicks seconded a motion to adjourn the meeting at 9:44 p.m.
The m ion carried unanimously (5-0).
"ri~1f1f-
City Administrator
NOTICE OF MEETINGS
The next regular City Council meeting will be held January 27,1997, at 7:30 p.m. at the New
Brighton Council Chambers.