HomeMy WebLinkAbout04-30-07-R
1\pproved: 5/14/07
CITY OF .ARDEN HILLS, MINNESOT1\
REGUL1\R CITY COUNCIL MEETING
1\PRIL 30, 2007; 7:00 P.M.
1\RDEN HILLS CITY COUNCIL CH1\MBERS
PLEDGE OF 1\LLEGI1\NCE
CALL TO ORDER/ROLL C1\LL
Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular
City Council meeting at 7:01 p.m.
Present:
Mayor Stan Harpstead, Councilmembers David Grant, Brenda Holden,
David McClung, and Fran Holmes.
1\bsent:
None.
1\lso present were City 1\dministrator, Michelle Wolfe; City 1\ttomey, Jerry Filla; Public
Works Director, Gregory Hoag; Community Development Director, Karen Barton; City
Planner, James Lehnhoff; Parks and Recreation Manager Michelle Olson; and Recording
Secretary, Kathleen 1\1tman.
1. APPROV 1\L OF MEETING 1\GEND1\
Mayor Harpstead requested items 7B and 7C be reversed.
Councilmember McClung requested item 4H be pulled from the Consent Calendar and added
as item SA
Councilmember Holmes requested item 4M be pulled from the Consent Calendar and added as
item 5B.
The agenda was approved by consensus.
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
2
2. PUBLIC INOUlRIES/INFORMATION1\L
Patty Gehren, President White Bear Recycling and Manufacturing Business, stated their business
received an award from the Governor for the materials they use. She noted their materials were
used for absorption. She indicated their product would restore the earth as it should be. She
stated they were interested in the TC1\1\P development and how they could assist with the clean-
up of the area.
3. APPROV 1\L OF MINUTES
A March 29,2007 Special City Council Meeting
B. April 9, 2007 City Council Meeting
Ms. Wolfe requested the following changes: Motion under Approval of Meeting Agenda was
made by Councilmember Holden and seconded by Mayor Harpstead. The Motion under the
Fourth Amendment to the TC1\1\P Offer to Purchase was made by Mayor Harpstead and
seconded by Councihnember Grant.
MOTION: Councilmember Holden moved and Councihnember McClung seconded a
motion to approve the March 29, 2007 Special City Council Meeting
Minutes as amended and the April 9, 2007 City Council Meeting as
presented. The motion carried unanimously (5-0).
4. CONSENT CALEND1\R
a. Claims and Payroll
b. Motion to Authorize the Advertisement of Bids for a Replacement Water Tank
and Accessories
c. 1. Motion to Adopt Resolution 07-49: Revoking Municipal State Aid Streets
2. Motion to Adopt Resolution 07-50: Establishing Municipal State Aid
Streets
d. Motion to 1\dopt Resolution No. 07-47: 1\ppointing Financial Plauning and
Analysis Committee Members & Liaisons
e. Motion to Accept the Resignation of Cynthia Wheeler from the PTRC Committee
f. Motion to 1\dopt Resolution No. 07-46: Appointing Joani Werner and Wallace
"Joe" Nosek to the PTRC Committee
g. Motion to Approve Planning Case 07-008 for a Variance at 3346 Lake Johanna
Blvd based on the Findings of Fact and the Submitted Plans as Amended by the
Three Conditions in the 1\pril 30, 2007 Planning Case Report.
h. Motion te Appro'le Planning Case 07 009 fer a Temporary Struetare Permit at
B58 West ROlJfld Lake Read Based en the Sabmitted Plans as .'\mended by the
Fear Cenditions in the April 30, 2007, PIllIming Case Report.
1. Motien te approve Resolution 07-48: Designating Affinity Plus as a Financial
Depository for the City of Arden Hills
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
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J. Motion to 1\pprove the Modified Site Development/Landscaping Agreement
Dated April 30, 2007, for the Landscaping Plan that was Approved in Planning
Case 06-028 for 3433 Lake Johanna Boulevard
k. Motien te 1\pprove the Transfer of Funds frem the General Fund to the Storm
Water Management Fund for the 2005 Karth Lake Levy
1. Motien to Approve Changing the Job Descriptien for the Utility Billing Position
frem Utility Billing Clerk to an 1\ccounting Clerk and Changing the Positien from
a Three-Quarter Time to a Full-Time Position.
m. Motion to approve the Contraet dated f.priI23, 2007 with SRF Consulting Group,
lnc., for the Completion of the Alternative Urban Areav;ide Review V.U.'\R)
Relating to the TC:\.\P Redevelopment Project in an f.mouRt Not to Exeeed
$250,000
n. Motion to Accept the Propesal Submitted by Wiss, Janney, Elstner and Associates
for Providing Censtructien Administrative Services During the Recladding
Project at Arden Hills City Hall in the amount of$12,700.
MOTION: Councihnember Grant moved and Ceuncihnember Holden seconded a
motion to approve the Consent Calendar and to authorize execution of all
necessary decuments C0ntained therein. The motion carried unanimously
(5-0).
5. PULLED CONSENT ITEMS
A. Motion to Approye Plannin!! Case 07-009 for a Temporary Structure Permit at 4358
West Round Lake Road Based on the Submitted Plans as Amended by the Four
Conditions in the April 30. 2007. Plannln!! Case Report
Mr. Lehnhoff stated the applicant had requested a Temporary Structure Permit at 4358 West
Round Lake Read based on the submitted plans as amended by the four conditiens in the 1\pril
30, 2007 Planning Case report. He reviewed the background and four conditions. He neted the
Planning Cemmission recommended unanimous approval of the temporary structure permit as
amended by the four conditions.
MOTION: Ceuncilmember Grant moved and Mayor Harpstead seconded a motion te
approve Planning Case 07-009 for a Temporary Structure Permit at 4358
West Round Lake Road Based on the submitted Plans as Amended by the
Feur Conditions in the April 30, 2007 Planning Case Report.
Councilmember McClung stated he would be supporting this and the reason he had this pulled
was because he had heard from several residents concerned that this business was getting
preferential treatment. He indicated he had informed those residents that the trailer was
temporary and weuld be removed in six months.
The motien carried unanimeusly (5-0).
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
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B. Motion to approye the Contract dated April 23. 2007 with SRF Consultin!! Group.
Inc.. for the Completion of the Alternatiye Urban Areawide Review (AUAR)
Relatln!! to the TCAAP Redevelopment Project In an Amount Not to Exceed
$250.000
Ms. Barton stated staff was recommending Council approve the contract with SRF Consulting
Group, Inc. to cenduct the Alternative Urban Areawide Review relating to the proposed TCAAP
redevelepment in an amount not to exceed $250,000.
Councilmember Holmes stated she had carefully reviewed the contract at the last meeting and
the changes were adequate. Hewever, she called the Council's attention te the attachments,
particularly the schedule. She noted this appeared to be a nine menth contract, but looking at the
timing of their estimated hours, she was concerned about number 1.0. She neted there were 776
hours devoted to meetings while item number 2.4 pertaining te the contaminated property was
given 24 hours. She believed part of their study was to ensure the data accumulated was accurate
and thorough and she did not believe 24 hours was sufficient to do this. She neted traffic was
given 124 heurs, which was important, but given the amount of C0ntaminatien on the property
there was a 100 hour difference. She asked if they want to send this back for more study or just
suggest to the parties that they might need te reC0nsider their time allocation. She stated this was
problematic from her perspective.
Mayor Harpstead asked if the deliverable was the C0mpleted document. Ms. Barton responded
that was cerrect.
Mayor Harpstead neted the hours were estimated and the goal was the completed document.
Councilmember Grant agreed the deliverable had to be met, which was the crux efthe AUAR.
Councilmember Holmes agreed this was an estimate, but she was cencerned the ameunt
estimated for meetings was so much greater than the amount devoted to enviroumental.
Councilmember Grant stated that concerned him also and perhaps SEH had not been brought
up to date as to the level of contaminatien.
Councilmember Holmes stated if they were not as up to date on this project as they should be,
they might want to delay this and discuss it as a future worksession.
Councilmember Holden asked if this was done based on medeling. Ms. Barton responded that
was cerrect.
Mayor Harpstead stated staff was concerned that they were not moving ahead on the 1\UAR
and this needed to be dene for the transfer of the land to the City. Ms. Wolfe stated they needed
a development concept to work with and they would not have that until they moved forward with
this. She believed this was the best estimate at this time and it would be adjusted as they
proceeded aleng. She stated they could ask them to prepare some sort of a written summary,
which would explain this in further detail.
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
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Mayor Harpstead indicated that made sense.
Councilmember Holden asked what happened if this went beyend the March date. Ms. Wolfe
responded because they were getting a late start on the 1\UAR, the schedule was fairly
C0mpressed for an 1\UAR project and the March 10 date was based en the City and the
develepment team indicating that was a date driven by the federal government's desire to close
on the property transfer by March 2008.
MOTION: Councilmember Grant moved and Councilmember McClung secended a
motien to approve the contract dated 1\pril 23, 2007 with SRF Consulting
Group, Inc., for the Cempletion of the 1\lternative Urban Areawide
Review (1\UAR) Relating to the TC1\1\P Redevelopment Project in an
Amount not to exceed $250,000. The motien carried (4-1 Ceuncilmember
Hohnes opposed).
6. PUBLIC HEARINGS
None.
7. NEW BUSINESS
A. Plannin!! Case 07-006:
1. Motion to Approye the Plannln!! Commission's Interuretation of the Zonin!!
Code that 5th Wheel RVs should be Measured from the Far Front to the Far Back of
the RV
2. Motion to Deny Plannin!! Case 07-006 for a Conditional Use Permit Based on
the Nineteen Findin!!s of Fact and the Auril 30. 2007 Plannin!! Case Report
Mr. Lehnhoff reviewed the planning case. He stated upon review of the Zoning Code, the
Planning Cemmission unanimously agreed that the intent ef the Zoning Code is to measure an
RV frem the far front te the far back and therefore the Planning Commission unanimeusly
recommended denial of Planning Case 07-006 for the Cenditienal Use Permit based on the
nineteen Findings ef Fact as presented in staffs 1\pril 30, 2007 report. He indicated this case
could also be approved subject to the applicant obtaining a 34-foet or less RV. He stated the
applicant C0uld also simply withdraw the application.
Mayor Harpstead asked if someone could be confused if reading the code as it was currently
written. Mr. Lehnhoff noted it was possible the C0de was not clear and staff was in the process
of rewriting it.
MOTION: Councilmember Grant moved and Councilmember Holden seconded a
motion to approve the Planning Commission's Interpretation efthe Zoning
Code that 5th Wheel RVs should be measured from the far frent to the far
back of the RV. The metion carried unanimously (5-0).
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
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David Hagen, 3531 N. Pascal Avenue, handed out additional infermation to the Council. He
thanked the staff for their efforts in this process. He stated this process has been geing on for a
very long time and they realize it was impossible to make everyone happy and based on that, he
was requesting that their conditienal use be granted based on the following finding: they will get
a different RV that will meet cede from tip to toe with a maximum total length efno more than
34 feet. With respect to the trees, they will plant them along the north perimeter of the fence. He
stated it was his understanding that based en the denial, he requested an additional 8th finding:
The camper would be no greater than 34 feet from tip to toe. He stated with this he believed they
met the code. Mr. Lehnhoff stated ifMr. Hagen got an RV of 34 feet or less, the CUP could be
approved.
Councilmember Holden stated she was concerned about approving this because Mr. Hagen had
ignered the City's request te obtain the CUP. She stated how did they know that he would ebtain
another camper within a reasonable time frame. Mr. Hagen responded he had been in constant
contact with the City througheut the entire process. He noted the Building Official had told him
that he weuld net qualify for a CUP because his camper was greater than 34 feet and he
requested additienal infermation. He stated he then went into the City at least three or four times
trying to ebtain additional information to meet the code. He stated he had been very
conscientieus about this and had probably made 35-40 phone calls attempting to find support for
this request.
Councilmember Grant stated he would like to see the Planning Commission take into
consideration the twe options given by Mr. Lehnhoff at tonight's meeting. Mr. Lehnhoff stated
the City had the optien for a 60 day extension and this could be brought back to the Planning
Commission at their June meeting.
Councilmember Grant asked if the applicant could keep storing the RV until this issue was
decided. Mr. Filla responded that would not be his recemmendation. He noted if this was
brought back to the Planning Cemmission he recemmended a new public hearing be held.
Steve Warner, 1444 Arden Oaks Court, stated it was their concern that this had been stored
illegally on Mr. Hagen's property and Mr. Hagen had ignored the City's rules. He stated they
had loeked at this RV for six menths and this was a size efthe semi-trailer. He asked the City te
enforce their ordinances and have him move this trailer.
MOTION: Councihnember McClung moved and Mayor Harpstead seconded a
motion to table Planning Case 07-006 and return this back to the Planning
Commissien for recensideration ofthe 34-foot RV.
Councilmember Grant asked if he would have te remove the RV even if it was tabled. Mr.
Filla agreed.
The motien carried (3-2 Ceuncilmember Heiden and Mayor Harpstead opposed).
Mr. Hagen noted he believed he was out ef town the first week of June. Mr. Lehnhoff
responded he could request an extension in writing.
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
7
C. Motion to 1\pprove the contract dated April 18. 2007 with Ehlers and Associates to
provide financial consultln!! services relatin!! to the purchase and development of
the TCAAP Property and the preparation of a resource plan In the City In an
amount not to exceed $150.000
Ms. Barton stated staff was recommending Council approve the Consulting Services with Ehlers
& 1\sseciates, Inc., per the proposal dated 1\priI18, 2007, for consulting services relating te the
purchase and redevelopment of the TCAAP excess property and the development of a resource
plan for the City, in an amount not to exceed $150,000.
Councilmember Holden stated she did not see if the project went under TIF and the TIF went
eff after 25 years, where did it describe what costs were needed after the TIF would fall off. She
asked how did they come into play for infrastructure. Ms. Wolfe stated it could ceme under
several of the different project categories outlined and if that was a question they had that needed
to be addressed in the report.
Councilmember McClung stated that was a good question and they sheuld explore this down
the road, but they needed to remember that a TIF district did net need to last 25 years and even if
it did last 25 years, ence the TIF district was extinguished a portion ef the revenue would come
to the City, so he believed there would be a decent size of revenue coming into the City ence TIF
went away, but they did need to factor this informatien in.
MOTION: Mayor Harpstead moved and Ceuncilmember Grant secended a motion to
approve the contract dated 1\pril 18, 2007 with Ehlers and 1\ssociates to
provide financial consulting services relating te the purchase and
development of the TC1\1\P Property and the preparation of a reseurce
plan in the City in an amount not to exceed $150,000.
Councilmember Holmes stated she assumed Ehlers & 1\ssociates weuld be available to answer
any questions the Council er City had.
The motion carried unanimously (5-0).
B. Motion to Approve/Denv the Second Amendment to the Water Tower Lease
A!!reement Dated May 1. 2007. from Black Dot Wireless on behalf of Cin!!ular
Wireless PCS
Mr. Lehnhoff reviewed the Second Amendment te the Water Tewer Lease 1\greement dated
May 1, 2007 from Black Dot Wireless en behalf ofCingular Wireless PCA
Councilmember Holmes suggested it weuld be helpful if they could get the reasoning prior te
the meeting ether than just a telephone call during the meeting.
MOTION: Mayor Harpstead moved and Councilmember McClung seconded a
motion te table the Second Amendment to the Water Tewer Lease
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
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1\greement dated May 1, 2007, from Black Dot Wireless on behalf of
Cingular Wireless PCS. The motion carried unanimously (5-0).
D. Request to Provide Feedback Rel!ardlnl! the Care-1\-Van Fundinl! Request
Ms. Wolfe stated earlier this year, staff at the cities of Shereview, New Brighton, Meunds View,
and Arden Hills were approached by Nick Temali of Mounds View School District (MVSD)
Cemmunity Educatien to discuss the Care-1\-Van program. She provided infermation about the
service. She requested Ceuncil's feedback regarding the possibility of a financial contribution to
the Care~1\- V an service.
Councilmember Holmes neted she was familiar with this service as her mother had used it. She
neted her mother had switched to Metre Mebility, which was more cost effective. She believed
this was a service whose time had gone now that Metro Mobility was in business and she was not
sure they should be supporting this this year.
Councilmember Holden noted Metro Mobility was heavily subsidized so their fees could be
lower. She did net believe the community education people would take this on because of the
cost. She indicated Reseville also had a circular that picked up people. She stated she was
neither for nor against this because she did not have eneugh informatien. She stated if this might
be mere heavily advertised, they might be able to cut the rates. She stated she would like to see
what Roseville did.
Councilmember McClung stated he did net have enough information to make an informed
comment on whether this was worthy of support or net and he wanted additional informatien.
He stated he also wanted further information on Metro Mobility.
Councilmember Grant stated he wanted mere information about the service and detailed
numbers. He indicated he alse wanted more informatien on Metro Mobility.
Mayor Harpstead stated they did not want people to be left stranded and they needed te leok at
the alternatives and identify the individuals whose needs were not being met by the alternatives.
Councilmember Grant stated they also needed te ensure the other Cities were in support of this
as well.
E. County Road H Interchanl!e Improvement Prolect:
1. Motion to Approve Amendment #1 to the Preliminarv Development
Al!reement dated March 30. 2007
2. Motion to Approve Resolntlon 07-51: Relatinl! to Financinl! of Proiect and
Establishinl! Intent with Respect to Reimbursement
Ms. Wolfe stated the City was currently conducting a Master Planning process for TCAAP
redevelopment. 1\s part of that project, several transportation improvements will be needed. In
i\RDEN HILLS CITY COUNCIL -1\PRIL 30, 2007
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terms of phasing and priority, it has been determined that improvements te the Ceunty Road H
Interchange will be the first improvement needed for the project. The City has been werking
with the developer (RRLD) to identify funding options for this and ether anticipated projects.
MOTION: Ceuncilmember Holden moved and Councihnember McClung seconded a
motion te approve the First Amendment to the Preliminary Development
1\greement between the City of Arden Hills and RRLD, LLC. The motien
carried unanimously (5-0).
MOTION: Councihnember Heiden moved and Ceuncilmember Grant seconded a
metion te approve Resolution No. 07-51 Relating te Financing of Project;
Establishing Intent with Respect to Reimbursement. The metion carried
unanimously (5-0).
8. UNFINISHED BUSINESS
A. TCAAP Update
Ms. Barton and Ms. Wolfe updated en the Council en recent TC1\1\P developments.
Councilmember Grant requested the residential information from the recent Open House.
9. COUNCIL COMMENTS AND REOUESTS
A. Councilmember Grant stated it was a good idea ef putting an agenda on the screen fer
the residents watching them on Cable TV. Councilmember Holden stated they only had the
technicians fer certain time periods and this weuld not logistically work out.
ity Council meeting at 8:56 p.m.
~
City 1\dministrater
NOTICE OF MEETINGS
The next Council Meeting will be held Monday, May 14, 2007 at 7:00 p.m. at the Arden Hills
Council Chambers.