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HomeMy WebLinkAbout09-10-07-R Approved: September 24, 2007 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 10, 2007; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:01 p.rn. Present: Mayor Stan Harpstead, Councilmembers David Grant, Brenda Holden, David McClung, and Fran Holmes. Absent: None. Also present were City Administrator, Michelle Wolfe; Public Works Director, Gregory Hoag; Finance Director, Susan Iverson; Community Development Director, Karen Barton; City Planner, James Lehnhoff; Parks and Recreation Manager, Michelle Olson; and Recording Secretary, Dianna Wise. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Harpstead requested item 4F be removed from the Consent Calendar and placed under pulled consent items. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUlRIES/INFORMATIONAL Ms. Cheryl Fish, 2059 Todd Drive, commented the she would like to request a work session with a relocation specialist and City Council in the near future. She believes that for as many homes that are to be moved, the examples given do not address individual issues. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 2 Ms. Chris Lustig, 1901 Todd Drive, commented on the information in the Arden Hills Notes relating to plans for approval of the development near I-694/I-35W. She stated she is curious as to what the plan includes and questioned whether it could be brought to a work session as the traffic would directly affect Arden Manor. City Planner Lehnhoff stated the information is on the City's website or he would be happy to discuss it in person or on the phone with residents. Ms. Kristy Effinger, 1969 Banyan Street, stated she is still confused about items concerning the relocation. She would like a work session to wrap up the Highway 10/96 project also. Mayor Harpstead requested staff find avenues where questions could be asked. 3. APPROVAL OF MINUTES A. July 30, 2007 Regular City Council Meeting B. August 1, 2007 Special City Council Meeting CounciImember Holden referred to page 2, paragraph 4 from bottom, and requested a change to read "this" Comprehensive Plan rather than "his" Comprehensive Plan. CounciImember Holden referred to page 3, paragraph I and requested "Metropolitan" be added to read "Metropolitan Council" rather than just council. C. August 1, 2007 Special City Council Work Session Mayor Harpstead referred to page 2, paragraph 6 and requested a change to "the real rule is within any meeting the same motion. . . " Mayor Harpstead referred to page 3, paragraph 2 and requested a change to read "He stated they could use State law for lack of performance, but not through the grant application." D. August 20,2007 City Council Work Session CounciImember Holden referred to page one, last sentence and requested the dollar sign be added to 500,000. City Administrator Wolfe referred to page two and suggested that within the discussion, the following be added: Mr. Pashina recommended four City Hall Repair Options: 1. Replace through-wall flashing at both levels at base of wall and install sheet metal cap at concrete masonry foundation ledge (along south and east foundation walls). ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 3 2. Replace through-wall flashing above windows on south side of building. 3. Clean and paint relieving angles and replace through-wall flashing. 4. I-Increase maintenance through routine inspection of coping stones and joints, replacement of failed sealant, and resetting coping stones as required which become damaged by movement 2-Remove and replace existing coping stones with proper overhang with drip and through-wall flashing. August 27, 2007 City Council Meeting Mayor Harpstead referred to page 2, paragraph 3 and requested the sentence read "that Mr. Gonzalez had requested. .. from the Zoning for the area. . ." rather than the variance process. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the July 30, 2007 Regular City Council Meeting Minutes, August 1, 2007 Special City Council Meeting, August 1, 2007 Special City Council Work Session, and Special City Council Meeting August 27, 2007 City Council Meeting as amended. The motion carried unanimously (5-0). 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Adopt Resolution #07-68, a Resolution Adjusting the Special Assessment Roll for Tax Parcel 34-30-23-22-0028 C. Motion to Adopt Ordinance #386, an Ordinance Relating to Compensation for Councilmembers. This Ordinance will Increase Council Compensation Effective January 1, 2009. D. Motion to Approve Contractor Payment Application #2 (Final) to Building Restoration Corporation in the Amount of$67,061.92. E. Motion to Authorize City Staff to Apply for a Grant through the Safe Routes for School Program with the Minnesota Department of Transportation. F. A. Motion to Approye aR }.moRdment to ConditioR Eleven for PlaBRiRg Case 06 039, the Final Plat of Lake JOflaRfla Woods, to Extend the FiRal Plat FiliRg Deadline to SCj3temher 5, 2008. B. Motion te Appro'/e an hRendmcnt to SeotieR 3(G) of the De'/elopment "\grecment for PlanniHg Case 06 039, the Final Plat of Lake Jehanna 'Needs, to Require a 6.5%, Interest Rate OR the URpaid Park Dedication Fcc Which is to he Applied StartiRg from the March 12, 2006, FiRal Plat },ppro'/al Date. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar Items 4A through 4E and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 4 CounciImember Holden requested the Finance Director bring forward a summary of project management expense versus financial analysis expense. Finance Director Iverson replied she would do that. 5. PULLED CONSENT ITEMS Item 4F: A. Motion to Approve an Amendment to Condition Eleven for Planninl!: Case 06-039, the Final Plat of Lake Johanna Woods, to Extend the Final Plat FiIinl!: Deadline to September 5, 2008. B. Motion to Approve an Amendment to Section 3(G) of the Development Al!:reement for Pianninl!: Case 06-039, the Final Plat of Lake Johanna Woods, to ReQuire a 6.5% Interest Rate on the Unpaid Park Dedication Fee Which is to be Applied Startinl!: from the March 12, 2006, Final Plat Approval Date. City Planner Lehnhoff provided background on the application. MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to approve an Amendment to Condition Eleven of Planning Case 06-039, the Final Plat of Lake Johanna Woods, to Extend the Final Plat Filing Deadline to Sept 5 2008, and the Addition of Condition 14 which shall require a 6.5% interest rate per annum of the unpaid park dedication fee that was established on March 12, 2007, Final Plat Approval date The motion carried unanimously (4-0). (Councilmember Holden was not present for the vote.) 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Motion to Approve or Denv the ReQuest from Little Brothers - Friends of the Elderlv to Forl!:ive Penalties, Interest and Fees on 3200 Hamline Avenue N. in Rel!:ard to the 2003 PMP Assessment. Finance Director Iverson reported the City did a PMP project in 2003 that resulted in an Assessment of $59,364.00 to Little Brothers - Friends of the Elderly (LBFE) for property they own at 3200 Hamline A venue North. She stated that in 2004, they received a tax statement from Ramsey County showing the assessment which was to run for 10 years at an interest rate of 5.5%. She reported that on May 15, 2004, they paid the first half of the tax statement in the amount of $5,936.40 and on July 9, 2004, paid the remaining balance of $53,427.60. Ms. Iverson stated that due to a misinterpretation between the organization and the County, the second half payment of $5,936.40 was never paid, leaving a balance that continued to accrue interest and penalties. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 5 She stated the LBFE requests forgiveness or write-off of the remaining balance of penalties, interest, and fees in the amount of $2,445.88. Ms. Therese Cain, Executive Director Little Brothers - Friends of the Elderly, thanked Council and staff for their support. She stated they have attempted to be good citizens and good members of the lake and the City. She stated they work hard to pay attention to these types of things and take their responsibilities seriously. Finance Director Iverson explained the reasons for the misunderstanding. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the request from Little Brothers - Friends of the Elderly to Forgive Penalties, Interest and Fees on 3200 Hamline Avenue N. in Regard to the 2003 PMP Assessment. The motion carried unanimously (5-0). B. Discussion Rel!:ardinl!: Relocation Benefits Community Development Director Barton introduced Mr. Ken He1veg, Relocation Specialist with SRF Consulting, to explain the relocation process. Mr. Helveg explained the process on the mobile/manufactured home acquisition and relocation. He stated that if a home is acquired or required to be moved due to a public project, an owner may be eligible for certain payments and benefits. He explained eligibility criteria, acquisition, what happens if the home is moved, relocation, the move of personal property, fixed payment moving schedule, actual cost of reimbursement, replacement housing costs, last resort housing, and a comparable property analysis. He provided examples of relocations completed in the past five years. CounciImember Holden asked Mr. Helveg to explain "moved" as it is used in this context. Mr. Helveg replied it means taken from Arden Manor and relocated to another park. CounciImember Holden asked about "can or can not" be moved. Mr. Helveg replied this applies to the requirements placed on the home to be moved. CounciImember Holden asked how the age of the manufactured home impacts payments. Mr. Helveg replied that generally a home 20 years old or older is typically acquired as real estate, however it could be moved if its condition permits. This process is discussed with the homeowner prior to making any decision. Mayor Harpstead asked whose choice it is to determine if the home could or could not be moved. Mr. Helveg replied the homeowner would decide. CounciImember Grant questioned what would happen if, in the process of moving the home, it is damaged. Mr. Helveg speculated that the City would be required to acquire that home. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 6 CounciImember Holden questioned whether it is a fallacy that a home over 20 years old could not be moved. Mr. Helveg replied it is up to the individual mobile home park whether or not it would accept an older home. CounciImember McClung asked if, to his knowledge, there was a state statute that indicated a mobile/manufactured home over 12 years could not be moved. Mr. Helveg replied he would not be able to quote state statute. He mentioned that he has worked with a number of parks and finds that homes are generally acquired. Mr. Helveg commented there are no hard and fast rules; however, generally speaking, homes are acquired. Mayor Harpstead restated the homeowner has a significant say in the decision. Mr. Helveg replied the process includes meeting with the homeowners and helping them determine the best decision. CounciImember Holden questioned what "other reasonable expenses" included; for example, would it include a hotel and a meal. Mr. Helveg replied that whatever is reasonable and necessary to move the homeowner is covered. He stated the program is broad. CounciImember Grant asked how the number of rooms were determined. Mr. Helveg replied rooms are tallied and are situationally determined. CounciImember Grant inquired as to the percentage of individuals choosing each option. Mr. Helveg replied it boils down to what burden the homeowner is willing to take on themselves. CounciImember Holmes questioned what was meant by location. Mr. Helveg replied it is a site geographically located close to where they are moving from. CounciImember Grant asked how improvements made to the mobile home that added value are taken into account. Mr. Helveg replied this is determined through discussions with the homeowner. Mayor Harpstead questioned whether a cap on payment limits existed. Mr. Helveg replied there was not a cap. CounciImember Grant questioned if the real estate commission is a reimbursable fee. Mr. Helveg replied no out of pocket expenses would be incurred by the homeowner. Mr. Helveg stated that comparable housing is the most difficult concept to understand. He explained the goal is to find a home that is most representative of the current home and is safe, decent, and affordable. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 7 City Administrator Wolfe questioned how payments were structured. Mr. Helveg replied all checks are written to the homeowner with the expectation that they would use it to purchase new affordable housing. Community Development Director Barton asked Mr. Helveg what is done if a mortgage exists on a current home. Mr. Helveg replied it is similar to the purchase of any other home. CounciImember Holden questioned whether lot improvements made by the homeowner were reimbursable expenses. Mr. Helveg replied those items are real estate and once in the ground it belongs to the land owner; however, on most relocations, the person can usually remove these items. CounciImember Holden asked if a manufactured home were available for sale in another lot, could the County or City purchase the existing home for sale, clear the lot and move the owner's home on to it. Mr. Helveg replied this could possibly be a reasonable alternative. CounciImember Holden asked about the $12 fee paid by the homeowner. Community Development Director Barton replied the fee is paid annually by the residents of mobile home parks. She stated the new law requires them to pay this into a fund associated with park closures. She explained that the state fund then pays a fixed amount to the displaced homeowners. This program is completely separate from the acquisition and relocation associated with a public project. CounciImember Grant asked if any hard and fast rules exist that could be passed along to the mobile home owners. Mr. Helveg replied there are statutes and regulations that must be followed, but there is a lot of flexibility in the requirements. CounciImember Grant summarized that each individual situation would be evaluated to ensure adequate compensation. CounciImember McClung stated he would like something more concrete for the residents of Arden Manor. Mayor Harpstead questioned whether there were situations where the homeowner was left at a disadvantage. Mr. Helveg replied he has never seen this happen. He stated the new home is of equal or higher value. City Administrator Wolfe offered the Arden Manor residents a tape of this presentation if they are interested. She stated this meeting is also available on web cast. C. Motion to Authorize Staff to Submit Comments on the Interstate 694 Environmental Assessment to MnlDOT on Behalf of the City of Arden Hills ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 8 Public Works Director Hoag introduced Mr. Dale Maul and Mr. John Huseby, Bolton & Menk, Inc., the consultants selected to assist the City in the review of the Environmental Assessment (EA). CounciImember McClung commented he attended the MnlDOT meeting. He stated he was concerned that residents assumed a noise wall would be built, which is not accurate per the EA document. Mr. Maul summarized the project details. He referenced the draft letter addressing traffic, social, economic, and environmental, land use and right-of-way, and water resources. Mayor Harpstead commented he took away from the draft letter that not all the traffic impacts were properly reflected in the environmental assessment. Mr. Maul replied Bolton and Menk recommends looking at the impact of other projects in the foreseeable future. Mayor Harpstead stated he specifically noticed the impact on Lexington Avenue and the displaced traffic from 1-694. He asked ifthe peak volumes on Lexington reflect the displacement from Snelling. Mr. Maul replied they asked MnlDOT to take into consideration other particular variables. Mayor Harpstead pointed out that he did not notice the impact ofI-694/1-35W discussed in the analysis. He asked if there was a sense that the capacity to handle the traffic was sufficiently addressed. Mr. Huseby replied he believed it was addressed adequately. He stated they recommended MnDOT look at traffic redistribution again. CounciImember McClung questioned whether the City is being strong enough in what it is asking for. Mr. Maul replied he and Mr. Huseby are both former MnlDOT employees and believe they have formulated the questions MnlDOT would need to address. He commented MnIDOT would be required to answer the questions as well as address the City's concerns. CounciImember Holden questioned the right-of-way and the impact to residents. She asked how the land would be left after a temporary easement is used. Mr. Maul replied the land is retumed to its original condition and the land owner is also reimbursed for the use of the temporary easement. CounciImember Holden inquired as to how the need for a sound wall is determined. Mr. Maul replied a sound wall is determined by the decibel threshold. CounciImember Holden asked if sound walls were mandatory if standards are met. Mr. Maul replied they were not. Mayor Harpstead asked if this is the point where the City requests MnIDOT to monitor noise more in the middle of Trunk Highway 10 rather than on 1-694. Mr. Maul replied this could be done. Mayor Harpstead recommended this be done. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 9 Mayor Harpstead questioned whether 1-694 between Highway 10 and 1-35W would be widened. Mr. Maul replied he would add this question to the list. Mayor Harpstead stated Council would like to review the impact on Lexington Avenue and 1- 694 to make sure this is explicitly understood. Mayor Harpstead asked about traffic displacement onto County Road E and Lexington Avenue south ofI-694. Mr. Maul replied this would be addressed in the letter. MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to authorize Staff to submit comments on the Interstate 694 Environmental Assessment to MnlDOT on behalf of the City of Arden Hills reflecting the discussion of September 10, 2007 and any additional comments up to the closing date of September 12, 2007. The motion carried unanimously (5-0). D. Motion to Overturn/Affirm the Planninl!: Commission's AUl!ust 1. 2007, Denial of Clear Channel's May 21. 2007, After-the-Fact Sil!:n Permit Application for the Electronic Billboard Located in the Northeast Corner of the I-35W and 1-694 Intersection City Planner Lehnhoff summarized the timeline and actions taken to date relative to the Clear Channel sign permit appeal. He reported staff denial was based on: . A billboard is considered a non-conforming use within the City of Arden Hills per Section 1230.02, Subd 8 of the Sign Code: Shall not enlarge, move, or alter in any way that increases its nonconformity. . The Zoning Code prohibits expansion, alteration, relocation, or other modification without written approval from the City. In conjunction with a net reduction in the number of billboards or in the aggregate sign face area of the billboards. . External lighting is not permitted by Section 1210.01 Subd 6. He reported the Plauning Commission voted 6/1 to uphold staffs decision. City Planner Lehnhoff stated Council would be asked, by motion, to overturn or affirm the Planning Commission's August 1, 2007 denial of Clear Channel's May 21, 2007 after the fact sign permit application for the electronic billboard located in the northeast corner ofI-35W and the 1-694 intersection. Mr. Marvin Liszt, Attorney for Clear Channel Outdoor, Inc., commented the detailed document submitted to the Planning Commission was not distributed to the Council. He commented that Clear Channel was hopeful this could have been resolved without having to proceed in this ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 10 fashion. He stated Clear Channel is more than willing to sit down with the City and work to out performance standards regardless of Council's decision. Mr. Liszt stated Clear Channel did not believe a permit was necessary to replace the face with another type of face. He addressed each of staff s reasons for denial. Mr. Liszt quoted from Section 1320.13 sub 6 G 3 of the Zoning Code and stated it is contrary to law and the dictates of Minnesota Statute 462.357 Subd 1 (e). He stated the ordinance is in direct violation of State Statute 117.184 passed in 2006 along with eminent domain changes. He indicated that when a new statute is passed, it is time to correct the City's ordinances and codes. Mr. Liszt next addressed the issue of external lighting. He reported that Code 1240.02 Table 1 is superseded by Minnesota Statute Chapter 173, the Minnesota Outdoor Advertising Control Act, which regulates signs along interstates and primary highways in Minnesota. He stated that because this sigu is adjacent to the interstate, state law governs what can be done with it. Mr. Listz stated the definition of an advertising device as "any billboard, sign, notice . . . or other device visible to and primarily intended to advertise. . . and shall include. . . all lighting or other attachments used in conjunction therewith." He stated that Minnesota Statute Section 173.02 sets the standards for lighting for signs along an interstate and is specific to the type of lighting prohibited. He stated that there is no question that the type of lighting used by Clear Channel complies with the state statute; therefore, a city is not able to pass other standards than those in the State Statues without complying with Section 173.16 Subd 5, the local control section. He explained that in order to zone or regulate differently than the state statue there must be a submission to MnDOT to vary from State Statutes. He stated this had not been done and therefore, the state statutes lighting requirements govern and Clear Channel complies with those. He stated the table did not apply to billboards; it refers to on-premise signage and not to outdoor advertising devices such as the Clear Channel billboard. He stated CC lights are external; therefore, staff denial based upon lighting, is incorrect. Mr. Liszt addressed staffs reliance on Section 1280.01, Subd 4 of the Sign Code relative to altering or enhancing of a non-conforming use. He submitted there is no such violation. He explained that Minnesota Statute 462.357, Subd l(e) gives the owners of non conforming rights with respect to the uses; these include the right to repair, replace, restore, maintain, or improve but not including expansion. He stated Clear Channel improved its non-conforming use but did not expand its non conforming use. He stated that prior to the change of the face of the billboard, there was a 14' x 48' outdoor advertising sign using vinyl; after the change there was a 14' x 48' sign face advertising messages using an LED. He submitted that there is no expansion, there was an improvement; Minnesota statute allows improvement. He provided examples of how teclmology has changed over the years. He stated the City Ordinance would be contrary to the State Statute and therefore there is no violation and to the extent that the City Ordinance would prohibit that would be contrary to State Statute and therefore unenforceable. Mr. Liszt stated staff and the Planning Commission did not give proper weight to the state statute there has not been expansion rather an improvement to the way the message is conveyed; therefore, he submitted that staff and the Planning Commissions decisions are erroneous and should be overturned. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 11 City Attorney Filla replied that the City felt it was an alteration of the sign and a permit was required. The sign was altered and the permit was required. He stated that the language in the zoning code regarding a reduction in signs or sign area is an example of a way in which the city could allow an expansion in return for other consideration on the part of the sign owner and requires an agreement between the City and the property owner. He stated it is a negotiated matter and not necessarily regulated by State Statute. He stated external lighting should be defined the way the City Code defines it and has a specific meaning. He stated the way the sign is constructed it is not externally lit, but lit by the face of the sign itself. City Attorney Filla disagreed with Mr. Liszt's statement that the City had no authority to be more restrictive or to adopt regulations different than Minnesota Statute 173. He stated Minnesota Statute 17.10 and 173.20 specifically indicate a city could be more restrictive when it comes to regulating signs. In addition, although not binding law in Ramsey County, the Hennepin County court looked at a similar issue in a Minnetonka case whereby the Hennepin County Judge clearly indicated the state law did not preempt local regulations. He stated the Statute Section 173.16, Subd 5, did not say what Mr. Liszt says it does, and is not what that statute was for. He said the sign code table would apply for property owned by Clear Channel but for the fact that the signs are a legal non-conforming use and do not fit the chart and did not apply to them because they are existing legal non-conforming and can be replaced but not expanded. He stated he did think, and advised the City accordingly, that what has occurred with the Clear Channel sign is an expansion because of the increased amperage to facilitate the display of the LED, the additional structural support because of the weight of the sign, and the depth of sign was increased, which Clear Channel admits doing. He stated Clear Channel may not have expanded the length or width of sign, but collectively they have done a series of things that could be argued to be an expansion versus an improvement. He stated this has been the basis of Mr. Liszt's comments. He stated the facts indicate that there is arguably an expansion rather than an improvement. CounciImember Holden asked if expansion is always physical. City Attorney Filla replied that in most non-conforming use law and case law equates to physical enlargements to a piece of property. Mayor Harpstead referenced 117.184 and asked Mr. Liszt if there is any indication that it supersedes 462.357. Mr. Liszt replied yes. City Attorney Filla responded that 117.184 requires compensation but not removal and no one is asking Clear Channel to remove the sign, rather, the City is asking that it be returned to the original condition before it expanded. Mayor Harpstead stated there is nothing that says the City must get State approval. Mr. Liszt replied there is an additional paragraph that indicates there must be a submission to the Commissioner to get it approved. He stated that the City must get the approval of the Commissioner and that is beyond argument. Mayor Harpstead questioned whether the amps required were more or less than before. Mr. Liszt replied an electrical permit was applied for and approved. Mr. Tom McCarver, Clear Channel, replied the sign did draw more amps; he believes the electrical permit was for a 400 ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 12 amp whereas the normal is 100 amp service. He commented the amps drawn would be is different during different times of the day depending upon sunlight. Mayor Harpstead asked how many lights were on the sign prior to the expansIOn. Mr. McCarver replied there were four. Mayor Harpstead asked how many LEDs were on the current sign. Mr. McCarver replied there were probably thousands. Mayor Harpstead questioned the depth of the sign before and after the expansion. Mr. McCarver replied the panel was two inches deep and the LED can is eight to ten inches deep. Mayor Harpstead requested the weight of a vinyl panel. Mr. McCarver replied 1,000 to 1,500 pounds. Mayor Harpstead asked what the sign weighed with the LED. Mr. McCarver replied between 9,000 to 10,000 pounds. Mayor Harpstead asked whether the pole required modification to carry the additional weight. Mr. McCarver replied yes. CounciImember Grant referenced Mr. Liszt's handout, page five and read "or other devices visible and intended to advertise" and all lighting or other attachments, the lighting was considered an attachment. He commented this was removed and the sign is now lighted internally. He stated he views this as the lighting had clearly changed. Mr. Liszt replied the State Statute within the definition of advertising device includes lighting; therefore, State Statute governs and controls the lighting of advertising signage along the interstate. He stated the LED sign did not violate the State Statute under 173.16 and Clear Channel is in compliance. He stated that if City requires different standards, it must make submission to the State Commissioner. Councilmember Grant stressed that the lighting, as defined, is an attachment and it is no longer an attachment on the sign, it is an integral part of the sign. Mr. Liszt replied the lighting is in compliance with the State Statutes. CounciImember Holden questioned if the lighting is external or internal. Mr. Liszt replied the ordinance allows for external lighting and that is what they have; the LED is external. Mr. McCarver explained the lighting red, green, and blue diodes sit external to the sign that light in sequence to illuminate the sign. CounciImember Holden questioned again if the face is flush. Mr. McCarver replied there are lights on the outside that stick out and louvers about two inches long that direct or control ambient light. He stated the electricity is directed to the diodes. CounciImember Holden pointed out additional changes to the plan. She requested whether the additional 9,000 pounds was added to support the new lighting. She asked for the depth of the sign when it was vinyl. Mr. McCarver replied the can holding the electrical equipment makes up the bulk of the weight and the face is now between eight and ten inches versus the original two inches on the vinyl sign. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 13 CounciImember Holmes listed the additions on the plan that were required due to weight, depth, and lighting. She asked for clarification that the additional items were required to support the new sign. Mr. McCarver replied the plans were correct. City Attorney Filla asked for clarification from Mr. Liszt that the light diodes are in fact the sign and changes to messages are done by regulating the colors of the diodes. Mr. Liszt replied that was correct. MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to Affirm the Planning Commission's August I, 2007, Denial of Clear Channel's May 21, 2007, After-the-Fact Sign Permit Application for the Electronic Billboard Located in the Northeast Corner of the 1-35W and 1-694 Intersection based upon the findings that the amperage increased from approximately 100 to 400 amps, the lighting expanded from four external lights to thousands of LEDs, the width of the sign increased from approximately two inches to eight to ten inches, and the weight of the sign has increased from 1,000 pounds to 9,000 pounds, there have been a number of external supports added as shown in the application to support the additional weight, and that the LEDs in the sign are integral part to the sign and not an external lighting source as defmed by the Sign Code and therefore, based upon these findings, Council concludes this is an expansion and not an improvement. CounciImember Holmes made an amendment stating that based upon the signage amps, expansion of the number of external lights which have gone from four to no external light, the lights are internal, width increased, structural supports were added, and therefore the sign is an expansion of a non-conforming use rather than an improvement. McClung is acceptable to the addition to the motion. Councilmember Holmes summarized that this is an expansion due to expansion oflighting from 100 to 400 LED, weight of sign is now 9,000 pounds, additional structural support, the depth of sign increased to eight to ten inches. City Attorney Filla stated Council must state why an expansion. It is his understanding that relative to internallexternallighting issue that the sign itself is now the lighting. The thousands of diodes suggest that all the lighting is internal and the sign is the lighting. CounciImember Holmes stated the issue of the City requiring external lighting is not preempted by the Minnesota Outdoor Lighting Control Act. She quoted the act and stated the City's requirement that the lighting be external is not governed by State Statute. CounciImember Holden asked City Attorney Filla if, when Council looks to approve or deny this, it is basing its decision on the City's ordinances and zoning codes. City Attorney Filla replied yes and in fact the state regulations on expansion of non conforming uses are similar. He stated there is a difference of opinion whether this is an expansion rather than an improvement. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 14 City Attorney Filla commented the findings include the amperage increased from 100 to 400, the lighting expanded from four external lights to thousands of LEDs and is completely internal because the LEDs are the means of illumination, the depth of the sign increased from two inches to eight to ten inches, and the weight of the sign has increased from 1,000-1,500 to approximately 9,000 to 10,000 with number of external supports to support the additional weight. The motion carried unanimously (5-0). E1. Motion to Adopt Resolution 07-66 Which Establishes the Preliminary Operatinl!: Levy for Taxes Payable in 2008 in the Amount of $2,835,757, a 4.9% Increase from the 2007 Levv Finance Director Iverson explained that by September 15, 2007, the City is required to adopt and certify to Ramsey County a preliminary levy and Truth-in- Taxation hearing dates. She reported staff prepared a preliminary operating levy of $2,835,757 with the City's portion being $2,602,044 after Fiscal Disparities which equate to a 4.9% increase over the 2007 portion. She stated this resulted in a 2.2% decrease in the Tax Rate from 2007 and an increase of $7.23 or 1.3% on an average medium home valued at $294,100. She stated determination of the preliminary levy amount is based on 2008 budget information assembled to-date. Finance Director Iverson reported the initial Truth-in-Taxation hearing date is Monday, December 3,2007 at 6:30 p.m. with the continuation hearing date set for Monday, December 10, 2007 at 6:30 p.m. should it be needed. She indicated staff recommends adoption of Resolution 07-66 setting the preliminary levy for taxes payable in 2008 in the amount of$2,835,757. Discussion ensued. Mayor Harpstead commented he attended the Regional Mayor's meeting where the levy was discussed and the ranged identified from 2.9% to 14.6%. He stated Arden Hills was the third lowest out of 17 cities attending. MOTION: Councilmember Mayor moved and Councilmember Holmes seconded a motion to Adopt Resolution 07-66 Which Establishes the Preliminary Operating Levy for Taxes Payable in 2008 in the Amount of$2,835,757, a 4.9% Increase from the 2007 Levy. The motion carried 4-1 (McClung). ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 15 E2. Motion to Adopt Resolution 07-67 Which Establishes Truth-in-Taxation Hearinl!: Dates for Proposed Taxes Payable in 2008 Finance Director Iverson reported staffrecommends adoption of Resolution 07-67 to establish Truth-in-Taxation hearing dates December 3, 2007 and December 10,2007, for proposed taxes payable in 2008. MOTION: Mayor Harpstead moved and Councilmember Holmes seconded a motion to Adopt Resolution 07-67 Which Establishes Truth-in-Taxation Hearing Dates for Proposed Taxes Payable in 2008. The motion carried 4-1 (McClung). 8. UNFINISHED BUSINESS A. TCAAP Update Community Development Director Barton presented the TCAAP update. She reported staff received revised FOST and FOSET documents from the Army. Mayor Harpstead inquired as to the number of FOSET acres. Community Development Director Barton replied 39.5 acres. She stated she would double check this. Community Development Director Barton reported the meetings with the Master Planning Advisory Group and Planning Commission are on hold until the City resolves the level of various types of development it would like to see developed on the site. Community Development Director Barton reported the City received a revised timeline for the AUAR which changes the deadline for adoption of the final AUAR to June 30, 2008. She stated staff received a draft copy of the AUAR for review. Community Development Director Barton reported that the Congressional update letters will go out this week. City Administrator Wolfe reported receiving three proposals for the market study. She stated she would like two Council members as volunteers to review the proposals and interview consultants. Mayor Harpstead and Councilmember McClung volunteered upon checking their availability. City Administrator Wolfe reported one proposal has been received and another is expected for the Communications Plan consultant. City Administrator Wolfe reported on the activity relating to the offer to purchase in terms of attorneys reviewing these documents in Washington D.C. and in preparation for upcoming negotiations for the cost of clean up. She stated staff explored the option to meet with Council ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 16 while the attorney is in town September 20-21, 2007. She stated a monthly conference call with Army and GSA will take place this week and staff is anticipating a meeting with the parties in late October 2007. Community Development Director Barton introduced new City Planner I Meagan Beekman. 9. COUNCIL COMMENTS AND REQUESTS City Administrator Wolfe mentioned staff is struggling with the agenda for the next worksession. She listed potential agenda items. She requested a priority from Council. Discussion ensued. Consensus was reached to discuss pay equity, compensation, community survey, umon negotiations, and Highway 10/96 at the September 17, 2007 work session. Councilmember Grant commented on the 2007 seal coat and asked what the analysis found. He asked if the street sweeping would remove the granite from the road. Public Works Director Hoag replied street sweeping should happen in the next few weeks and would collect the granite. He commented he toured the City with staff and they are not concerned with what they saw; however, they would like to determine what happened. He stated it seemed to be isolated in the Chatham area and did not believe the seal coat had been compromised. Councilmember Grant stated it seems the granite is wearing faster than it should and he noticed that at the spot where garbage trucks stop, the weight tears through the seal coat. Public Works Director Hoag commented the heat this summer may have caused this and is not uncommon. Councilmember Grant stated he is looking for an RFP for the TCAAP project. Community Development Director Barton replied she is attempting to locate the document. Councilmember Grant commented on the lengthy discussion on relocating people from their homes and wanted to say he takes it seriously. He stated Council seems to be able to talk about issues, and the rest of the city is suffering due to the attention paid to TCAAP. He stated that all the while, the City's financial advisors have not come forward to inform Council of the financial capacity of the project. He commented Ehlers & Associates is the financial advisors, the project managers, and the bond broker and have a financial interest and at what point do they not bring forth financial advice to this council when they have a financial interest. He asked if a different bond broker should be selected. He stated this is too important to overlook. Discussion ensued. Mayor Harpstead asked that agenda suggestions be submitted to staff. City Administrator Wolfe reported that effectively the TCAAP master planning process has been put on hold pending dealing with financial and density questions. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2007 17 Councilmember McClung reported he attended the MnDOT Meeting for 1-694. He commented that he estimated about 75-100 residents from Arden Hills attended. He encouraged residents to go on-line and submit questions and comments to MnlDOT. Councilmember Holden has tickets to the Taste of Northwest Youth and Family Services for September 27. Mayor Harpstead reported attending the Regional Mayors Meeting on September 10, 2007. At that meeting there was discussion relating to the lack of funding to support transportation. 10. ADJOURNMENT --------- Michelle Wolfe City Administrator