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HomeMy WebLinkAbout04-09-07-R Approved: 4/30/07 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 9, 2007; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDERlROLL 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, Councihnembers David Grant, Brenda Holden, David McClung, and Fran Holmes. 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; Civil Engineer, Kris Giga; Parks and Recreation Manager Michelle Olson; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (5-0). 2. PUBLIC INOUlRIES/INFORMATIONAL Dave Smiel, 1861 Highway 96, thanked the Mayor, Council, and staff for their leadership at the transportation meeting. He stated they needed to think of the intersection as an access to the City and not a bypass. Mayor Harpstead stated the Council appreciated all of the comments received at the meeting and they were analyzing the information they had received. ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 2 3. APPROVAL OF MINUTES A. March 26, 2007 City Council Meeting B. March 14, 2007 Work Session Meeting C. March 6, 2007 Joint City CouncillPlanning Commission Work Session Meeting D. February 26,2007 Work Session Meeting MOTION: Councilmember McClung moved and Councilmember Holden, seconded a motion to approve the March 26, 2007 City Council Meeting Minutes as presented; the March 14, 2007 Work Session Meeting Minutes as presented; the March 6, 2007 Joint City CouncillP1anning Commission Work Session Meeting as presented; and the February 26, 2007 Work Session Meeting as presented. The motion carried unanimously (5-0). 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve the Memorandum of Understanding between the Ramsey County Sheriff's Department and the City of Arden Hills dated April 9, 2007, for Providing a Hearing Examiner for Potentially Dangerous or Dangerous Dog Hearing Appeals C. Motion to Approve Summer Hours for City staff 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 None. 6. PUBLIC HEARINGS A. Resolution 07-45: Approving the Vacation of the Drainage Easement in Document Number 1742652 and the Acceptance of a Realigned Drainage Easement at 3210 Hamline Avenue North as Amended by the Three Conditions in Planning Case 07-007 Ms. Giga stated there is currently a drainage pipe that runs near the western side of 3210 Hamline Avenue N, which is located on the north side of Lake Josephine. The drainage pipe was not centered in the middle of the drainage easement. Despite a number of discussions with Ramsey County and Rice Creek Watershed District (RCWD), it is not clear why the drainage ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 3 pipe was not located in the center of the drainage ditch easement. Although the easement was dedicated to the City, the County maintains and operates the drainage pipe. She stated while the easement was the appropriate width for the depth of the pipe, the pipe was not at the center of the easement, which meant the easement included unnecessary portions of the property. She indicated since realigning the drainage easement would resolve a discrepancy between the true location of the drainage pipe and the drainage easement, staff was recommending approval of the drainage easement realignment. The small portions of the drainage easement that would be released to the property owner did not have a public use. She recommended approval of Resolution 07-45 for the vacation of the drainage easement of document number 1742652 and the acceptance of a realigned drainage easement at 3210 Hamline Avenue North as amended by the following four conditions: 1. The applicant shall submit evidence of title for 3210 Hamline Avenue North that is acceptable to the City Attorney before the City records Resolution 07-45. 2. If there is a mortgage, the applicant shall obtain a signed consent to the easement from the mortgagee before the City records Resolution 07-45. 3. The applicants shall sign the Grant of Permanent Easement for the realigned easement before the City records Resolution 07-45. 4. The legal description shall be subj ect to City Attorney approvaL Mayor Harpstead opened the public hearing at 7:11 p.m. There were no comments made. Mayor Harpstead closed the public hearing at 7:12 p.m. MOTION: Councilmember Grant moved and Councilmember McClung, seconded a motion to approve Resolution 07-45: Approving the Vacation of the Drainage Easement in Document Number 1742652 and the Acceptance of a Realigned Drainage Easement at 3210 Hamline Avenue North as Amended by the Four Conditions in Planning Case 07-007. The motion carried unanimously (5-0). 7. NEW BUSINESS A. Motion to Approve a Temporary Restated and Amended Lease Agreement dated April 9, 2007 Allowing Arden Hills Association #3 to Have Exclusive Use of the Sheehy Tennis Court from April 9, 2007 through December 31, 2007 ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 4 Ms. Olson summarized the Sheehy Tennis Court Lease Agreement. She recommended Council allow staff further time to evaluate all potential uses of this site. Therefore, staff recommends approval of a temporary restated and amended lease agreement dated April 9, 2007 allowing Arden Hills Association #3 to have exclusive use of the Sheehy Tennis Court from April 9, 2007 until December 31, 2007. Staff will bring back a comprehensive report to a future meeting for further discussion. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve a Temporary Restated and Amended Lease Agreement dated April 9, 2007 Allowing Arden Hills Association #3 to Have Exclusive Use of the Sheehy Tennis Court from April 9, 2007 through December 31, 2007. Councilmember Holden stated she would be voting against this because she believed they violated the original lease by not paying the City and not maintaining the Court. Councilmember McClung stated he would also be voting against this for the same reasons as well as having an exclusive lease for land that was donated to the City. He requested staff send this to the PTRC and come back with a proposaL Councilmember Holmes stated she believed this should be extended for another year, but agreed the PTRC should look at this. She stated she did not believe anybody outside of the association would play tennis on this Court anyway. She noted they did need a discussion on how they could get the association to maintain the court. Mayor Harpstead stated he believed this was a reasonable request and he would be voting in favor ofthe motion. Councilmember Grant stated he would be voting in favor of the motion because by the association obtaining the insurance it was a better situation then not having insurance and he believed allowing staff additional time to evaluate this was appropriate. Councilmember Holden stated she believed if the court was maintained, it would be used by the public. Councilmember McClung noted there has not been any upkeep to the facility and it was in poor shape and simply extending this to deal with the liability issues was not enough for him to vote in favor of this. Todd Elbertson, Association Representative, stated shortly after they signed the agreement, they did have the court power washed and the cracks filled. He noted before they did this again, they wanted to have assurance that they had a new agreement. He indicated the court was due again for this type of maintenance. The motion carried (3-2 Councihnembers Holden and McClung opposed). ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 5 B. Motion to approve the Contract dated April 3, 2007 with SRF Consulting Group, Inc., for the Completion of the Alternative Urban Areawide Review (AUAR) Relating to the TCAAP Redevelopment Project in an Amount Not to Exceed $250,000 Ms. Barton stated in early September, 2006 the developer for the TCAAP project issued a request for proposals for consulting services relating to a number of tasks associated with the TCAAP redevelopment, including Master Planning, Traffic Impact Study, AUAR Environmental Study, Stage One, PUD, and Development of a Landscape Plan. The RFP was issued encompassing all of these tasks to streamline the process and allow for effective integration and collaboration amongst the firms responding. She indicated staff was recommending Council approve the contract with SRF Consulting Group, Inc. to conduct the Alternative Urban Areawide Review relating to the proposed TCAAP redevelopment in an amount not to exceed $250,000. Councilmember Holden noted owner in the document was not defined. She asked who the owner was in this agreement. Mr. Filla responded that was an oversight on his part and it should be eliminated. Mayor Harpstead stated it might make more sense to have a more complete schedule. Councilmember Holmes indicated they also did not give their hourly rates and she wanted to have those rates. Councilmember McClung stated on the issue of the schedule, this was a schedule that was already out of date because some of the things have been pushed back or accelerated. He also noted the City's logo was not on the page and he wanted a schedule that was specific only to the AUAR. Mayor Harpstead suggested they have a more firm end date that the product was agreed to be completed and let the schedule slide. Ms. Barton stated she would bring this back to them and have a timeline for the specific project. Ms. Wolfe recommended Council approve the Agreement to start the work subject to them obtaining an updated schedule and a current rate sheet. Councilmember Holmes recommended under governing law they add the state. She asked for clarification on defining the word owner. Councilmember Grant requested "Master Developer", be changed to only "Developer". ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 6 MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to send this back to staff for clarification on owner, Master, work schedule, and fee schedule. The motion carried unanimously (5-0). C. City of Arden Hills Finance Department Update Ms. Iverson updated Council on the Finance Department activities. D. Motion to Direct Staff to Proceed or not to Proceed with Payment of $5,993 for Membership in the North Metro I-35W Corridor Coalition Ms. Wolfe stated the City has not yet paid the 2007 dues to the I-35W Corridor Coalition. A discussion regarding membership took place at the February Work Session. She requested Council discuss the payment of the dues and whether they wanted to proceed or not to proceed with the payment in the amount of $5,993.00. She noted if they wanted to participate, they would need to delegates and two alternates appointed to the Coalition. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to not proceed with payment of $5,993 for membership in the North Metro I-35W Corridor Coalition, but to allow staff to continue to work with the Coalition. Councilmember McClung stated he was going to make a motion to table this instead of denying it and allow staff to continue to work with the Coalition. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to table this request and instruct staff to continue to work with the Coalition. The motion to table carried (3-2 Councilmember Holmes and Mayor Harpstead opposed). E. 2007 PMP Assessments: 1. Motion to Approve Resolution 07-43: Resolution Declaring Cost to be Assessed and Ordering the Preparation of the Assessment Roll Ms. Giga reviewed the 2007 PMP Improvements assessments and requested Council adopt a resolution declaring costs for the proj ect to be assessed in 2007 and order preparation of assessment rolls; and adopt the Resolution receiving the assessments rolls and setting the assessment hearing date for the proj ect. Councilmember Holden stated for the 2006 PMP there was City land involved and there was strong argument to take that land out of the assessment rolL She asked for information and numbers if they did the same thing this year. Ms. Giga responded the assessment rate per unit would go to $3,308.01 for streets receiving a full-depth mill if they took out the City land and the assessment amount would received for this portion of the project would be $211,712.45. ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 7 MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve Resolution 07-43: Resolution Declaring Cost to be Assessed and Ordering the Preparation of Assessment Roll. Councilmember Holden asked which table where they going to use to assess. Ms. Giga stated staff prepared the Resolutions in the packet based on the feasibility report. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to amend the motion to adjust the commercial rate to $10,804.97 per unit. Mayor Harpstead stated he would be voting against the amendment because they had previously established the assessment policy. The amended motion carried (3-2 Councihnember Grant and Mayor Harpstead opposed). MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to amend the motion to base the assessments on full- depth mill for 64 residential units instead of 69 units. Mayor Harpstead stated he would be voting against the amendment and believed this would be setting precedence for other tax exempt properties. Councilmember Holmes stated she did not believe the City was in the same category as other non-profits. Councilmember Grant stated he would also be voting against this. Couucilmember McClung asked if they should vote to remove the City owned property would they be setting precedence in future years for removing other non-profits from the assessment rolL City Attorney Filla responded he did not believe this would be setting precedence because the City was different than a non-profit organization. The amended motion carried (3-2 Councilmember Grant and Mayor Harpstead opposed). The original motion as amended carried unanimously (5-0). 2. Motion to Approve Resolution 07-44: Resolution Receiving the Proposed Special Assessment and Providing for Public Hearing MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve Resolution 07-44: Resolution Receiving the Proposed Special Assessment and Providing for Public Hearing as amended. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 8 F. Motion to Approve Consulting Services with Kennedy & Graven Chartered, LLC, per the letter of engagement originally dated September 9, 2006, Relating to the Preparation of the TCAAP Master Development Agreement with RRLD, LLC, in an Amount not to Exceed $150,000 Ms. Barton stated the City has been utilizing the legal consulting services of Kennedy and Graven Chartered since September, 2006 to assist with the negotiation and development of a Preliminary Development Agreement between the City and RRLD, LLC relating to the purchase and redevelopment of the TCAAP excess property. On March 20, 2007, the Preliminary Development Agreement between the City and RRLD, LLC was fully executed. The terms of this agreement provide for the reimbursement of costs associated with Mr. Bubul's services relating to the TCAAP project, with a budgeted amount of $150,000. She recommended Council approve the Consulting Services with Kennedy and Graven Chartered, per the letter of engagement originally dated September 8, 2006 for the negotiation and preparation of a Master Development Agreement between the City and RRLD, LLC relating to the purchase and redevelopment of the TCAAP excess property, in an amount not to exceed $150,000. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Consulting Services with Kennedy & Graven Chartered, LLC, per the letter of engagement originally dated September 8, 2006, Relating to the Preparation of the TCAAP Master Development Agreement with RRLD, LLC, in an Amount not to exceed $150,000. The motion carried unanimously (5-0). G. Motion to Approve Consulting Services with Michael Comodeca of Spencer Fane Britt and Brone, LLP, per the letter of engagement originally dated June 3, 2003 and updated April 2, 2007, Relating to the Preparation of the TCAAP Transfer, in an Amount not to exceed $150,000 Ms. Barton stated the City has been utilizing the legal consulting services of Michael Comodeca of Spencer Fane Britt and Browne, LLP since June 2003 to assist with the purchase and transfer of the TCAAP excess property. On March 20, 2007, the Preliminary Development Agreement between the City and RRLD, LLC was fully executed. The terms of this agreement provide for the reimbursement of costs associated with Mr. Comodeca's services relating to the TCAAP project, with a budgeted amount of$150,000. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to approve Consulting Services Michael Comodeca of Spencer Fane Britt and Browne, LLP, per the letter of engagement originally dated ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 9 June 3, 2003 and updated April 3, 2007, relating to the preparation of the TCAAP Transfer, in an amount not to exceed $150,000. Councilmember Grant stated Mr. Comodeca had worked with the City for a long time and he was highly skilled in this transfer process, as well as the environmental processes. He stated his skills were unique and valuable to the City and he wanted to see him continue on in this vein. The motion carried unanimously (5-0). 8. UNFINISHED BUSINESS A. TCAAP Ms. Barton updated on the Council on recent TCAAP developments. 9. COUNCIL COMMENTS AND REOUESTS A. Councilmember Grant stated currently they had open positions on the fmance analysis committee. B. Councilmember Holden stated someone approached her about a renter licensing fee. She asked staff to look into this. C. Councilmember Holden stated it did not make sense for only two votes to carry major decisions on simple majority votes. She asked staff to look into this. Councihnember Grant recommended staff come back to Council regarding this within a month. Mayor Harpstead requested the City Attorney look into this issue and come back to with some ideas as to how this could be accomplished. D. Councilmember Holden stated they needed to talk about the consent calendar. Mayor Harpstead stated as a general rule, if any Councihnember wanted to remove an item prior to consent, it could be removed from the calendar. E. Councilmember McClung stated he attended the Lake Johanna Fire Department Board of Directors meeting and the Board had discussed getting all three City Councils together in the future to discuss Fire Department issues. He noted he would be out of town on vacation through next Monday and would be reachable by emaiL F. Councilmember Holmes stated on April IS at 7:00 p.m. was the Library Board meeting which she would be attending. ARDEN HILLS CITY COUNCIL - APRIL 9, 2007 10 G. Mayor Harpstead stated he attended the Regional Council of Mayors' Meeting. He noted transportation was still an issue. He noted the Met Council has been looking at affordable housing and targeted numbers by Cities for affordable housing units. He stated there was a number for Arden Hills and he would be forwarding that information to the rest of the CounciL ---.-...., . ourned the Regular City Council Meeting meeting n Michelle A. Wolfi City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, April 30, 2007 at 7:00 p.m. at the Arden Hills Council Chambers.