HomeMy WebLinkAbout09-24-07-R
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Approved: December 10, 2007
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
SEPTEMBER 24,2007; 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 7:03 p.m.
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; Civil Engineer, Kristine Giga; Parks and
Recreation Manager, Michelle Olson; Lake Johanna Fire Chief, Tim Boehlke; and
Recording Secretary, Dianna Wise.
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Councilmember Holden requested item 4B be pulled from the Consent Calendar.
Councilmember Grant requested item 4H be pulled from the Consent Calendar.
MOTION: Councilmember Grant moved and Councilmember Holden seconded a
motion to approve the meeting agenda as amended. The motion carried
unanimously (5-0).
2. PUBLIC INOUlRIES/INFORMATlONAL
None.
ARDEN HILLS CITY COUNCIL - SEPTEMBER 24, 2007
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3. APPROVAL OF MINUTES
A. September 10, 2007 Regular City Council Meeting
City Administrator Wolfe requested Civil Engineer Giga be removed from the Roll Call as
present. She also corrected the spelling of Mr. Huseby. She referred to page II and
recommended deleting the first paragraph and the second and last sentences of paragraph two.
MOTION: Councilmember Holden moved and Councilmember McClung seconded a
motion to approve the September 10, 2007 Regular City Council Meeting
Minutes as amended. The motion carried unanimously (5-0).
4. CONSENT CALENDAR
A. Claims and Payroll
B. Motion to approve l.ward of Contract in the :\mount of $8,000 to DeSchane
Remodeling for Fire Station tll Roof RepaifG, and Authorize l.dministrator to
Execute Documents; and l.uthorize an l.dditional $1,200 for Carpet Re]lair.
C. Motion to Approve Payment #1 and Final to Pearson Brothers, Inc., in an Amount
of$79,448.30 for the 2007 Crack Sealing and Seal Coat Project.
D. Motion to Approve Planning Case 07-020 for Three Variances at 1185 Benton
Way Based on Findings of Fact and the Submitted Plans, as Amended by the Four
Conditions in the September 5, 2007 Planning Case Report.
E. Motion to Approve Planning Case 07-021 for a Variance at 1907 County Road D
Based on the Findings of Fact and the Submitted Plans, as Amended by the Four
Conditions in the September 5, 2007 Planning Case Report.
F. Motion to Approve Planning Case 07-022 for a Conditional Use Permit
Amendment and Site Plan Review at 3900 Bethel Drive Based on the Findings of
Fact and the Submitted Plans, as Amended by the Ten Conditions in the
September 5, 2007 Planning Case Report.
G. Motion to Approve a Proposal Dated September 10, 2007, and Authorize Staff to
Contract with WSB & Associates for Engineering Services for the Cummings
Park Hard Court Restoration Project in an Amount Not to Exceed $6,400 for
Basic Services.
H. Motion to ,"ward Bid for 2007 Storm Sewer Modifications Project to Bursc-lwille
ConGtruction.
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MOTION: Councilmember Grant moved and Councilmember Holden seconded a
motion to approve Consent Calendar Items 4A, 4C, 4D, 4E, 4F, and 4G
and to authorize execution of all necessary documents contained therein.
The motion carried unanimously (5-0).
5. PULLED CONSENT ITEMS
4B. Motion to approve Award of Contract in the Amount of $8,000 to
DeSchane Remodeling for Fire Station #1 Roof Repairs, and Authorize
Administrator to Execute Documents; and Anthorize an Additional
$1,200 for Carpet Repair.
City Administrator Wolfe stated this item is in relation to the roof repairs needed on Fire
Station one. She reported the City is responsible for maintaining the building. She referred to the
drawing of the roof and the repairs required to prevent leaking. She stated there is some concern
about mold issues. She reported that Building Official Scherbel reviewed the area and the quotes
for the work and indicated he is comfortable with the scope ofthe work and the contractors.
Councilmember Holden asked Fire Chief Boehlke about insurance coverage on the repairs. Fire
Chief Boehlke replied all insurance is through the League of Minnesota Cities and making an
insurance claim is not an option because the roof is 21 years old. He stated the insurance did not
cover mold or damage caused by mold.
Councilmember Holden asked how long this roof had been leaking. Fire Chief Boehlke replied
they had noticed drips for some time and the north wall had significant leakage.
Councilmember Holden asked if this was put aside given the plans for a new building. Fire
Chief Boehlke replied they do not want to spend unneeded dollars; however, he believes in
maintenance and taking care of this significant leak. Councilmember Holden questioned if
there was leakage in other areas of the building. Fire Chief Boehlke replied another section was
leaking near the hose tower and was repaired.
Mayor Harpstead questioned what the room was used for. Fire Chief Boehlke stated it is the
TV room and lounge.
MOTION: Councilmember McClung moved and Councilmember Grant seconded a
motion to approve Award of Contract in the Amount of $8,000 to
DeSchane Remodeling for Fire Station #1 Roof Repairs, and Authorize
Administrator to Execute Documents; and Authorize an Additional $1,200
for Carpet Repair. The motion carried unanimously (5-0).
4H. Motion to Award Bid for 2007 Storm Sewer Modifications Proiect to
Burschville Construction.
Civil Engineer Giga provided details of the project. She reported the low bid was submitted by
Burschville Construction. She reported the 2007 budget included $20,000 from the Surface
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Water Enterprise Fund for storm sewer improvements in the 2007 PMP. She stated the actual
project costs totaled $8,978.81, which included 15 percent for engineering fees. She stated the
cost of this project, when combined with the amount already spent as a part of the 2007 PMP,
would exceed the budgeted $20,000 by $9,085.81. She stated the motion is to award the bid for
the 2007 Storm Sewer Modifications Project to Burschville Construction contingent upon
Roseville's City Council Approval.
MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to
Award Bid for 2007 Storm Sewer Modifications Project to Burschville
Construction. The motion carried unanimously (5-0).
6. PUBLIC HEARINGS
None.
7. NEW BUSINESS
A. Motion to Approve or Denv a Request to Classifv Miniature Horses as
Domestic Animals as Defined in the Zoning Code.
City Planner Lehnhoff explained that staff received a request to allow a miniature horse on a
residential property. He stated that upon review of the Zoning Code, staffs initial opinion was
that miniature horses should be classified as "farm animals" since horses are usually associated
with farms instead of residential areas. He explained that farm animals are subject to certain
setback regulations that greatly restrict the ability of most properties to host farm animals. He
stated that if miniature horses are classified as farm animals, the resident would not be able to
have a miniature horse on her property; however, the Zoning Code definitions for domestic,
farm, and wild animals do not directly address miniature horses and there is room for
interpretation on the definitions for animals. City Planner Lehnhoff stated Ms. Linders is
requesting Council review the definitions in the Zoning Code and determine whether miniature
horses should be classified as domestic animals or farm animals. He pointed out the report from
the Planning Commission and a supplemental letter with additional information from Ms.
Linders to Council.
Ms. Natalie Linders, 1945 Glenpaul Avenue, explained why she believes miniature horses are
companion animals and not farm animals. She displayed a poster showing the size of a
miniature horse in comparison to a large dog such as a Great Dane or Irish WolfHound. She
distributed a photo of an Irish Wolf Hound and a miniature horse. She explained the benefits of
miniature horses. Ms. Linders indicated she had done research with Ms. Eleanor Mondale, who
owns miniature horses.
Councilmember Holden commented the manure is good for compo sting and asked ifit could be
sold as such. Ms. Linders replied it could be used for gardening.
Mayor Harpstead asked how many miniature horses Ms. Mondale has.
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Mayor Harpstead asked Ms. Linders if she knew anyone who had only one miniature horse and
how an individual horse would feel about being alone in the back yard. Ms. Linders replied
there would be plenty of space and it would be happy.
Mayor Harpstead asked if she had spoken to neighbors and asked how they would felt about a
miniature horse in the neighborhood. Ms. Linders replied she had not.
Councilmember Holmes stated she was not sure if one miniature horse could fit on a third of an
acre. She referenced an article in the Star Tribune that stated this is not enough room. Ms.
Linders commented Eleanor Mondale stated it should be large enough for one miniature horse.
Mayor Harpstead stated he found lots of information on miniature horses on the internet. He
stated the information indicated one must remember it is a horse and has all the same needs of a
full sized horse. He referenced an article about horses that live alone. He explained that because
horses are social animals, they become depressed and inactive if they are not with other horses.
He stated that when he thought about his decision he had to consider Ms. Linder's wants, the
neighbor's concerns, and the needs ofthe horse.
Councilmember Holden asked how the height of a horse is measured. Ms. Linders replied
from the ground to its withers.
Councilmember Holden asked if she knew of other communities that allowed miniature horses
as domestic animals. Ms. Linders she did not.
Councilmember McClung thanked Ms. Linders for coming to the Council with her request. He
stated his concern is that if a miniature horse is approved in this case, other types of animals not
considered as domestic animals would come forward with a similar request.
Councilmember Holden asked what Ms. Linders exposure has been to miniature horses and
what she has learned about them. Ms. Linders replied she attends horse camp every year and
decided on a miniature horse because it is expensive to board a regular horse. She stated she
performed different chores at camp and learned such things as brushing, care of the hooves, and
other information about miniature horses.
Councilmember Grant stated he grew up on a large farm with horses and understands they need
room. He stated a miniature horse needs about an acre of space. He questioned City Planner
Lehnhoff about the Zoning Code. City Planner Lehnhoff explained the Zoning Code is
specific about setbacks for a barn for farm animals.
MOTION: Mayor Harpstead moved and Councilmember McClung seconded a
motion to Deny a Request to Classify Miniature Horses as Domestic
Animals as Defined in the Zoning Code.
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CounciImember Holden commented on the rules and definition of domestic and farm animals
in the Zoning Code. She stated there is something wrong with the ordinance because the
miniature horse could fit into the definition of a domestic animal. She believes this ordinance
should be reviewed.
Councilmember Grant stated Council could not define a miniature horse as a domestic animal.
He compared this to a house cat and tiger.
Councilmember McClung commented he is certain that Council should strengthen the language
in the ordinance.
Mayor Harpstead complimented Ms. Linders on her hard work and thorough research.
Discussion ensued on the wording ofthe ordinance.
The motion carried unanimously (5-0).
B. Motion to Authorize Staff to Proceed with Diseased and Hazard Tree
Removal on City Owned Property, for a Cost Not to Exceed $14,905.74.
Public Works Director Hoag reported the removal of diseased and hazardous trees is brought
before Council to authorize staff to proceed with the removal of diseased and hazardous trees on
City property.
Councilmember Grant commented this was added because it is over the City Administrator's
authorized spending limit of $5,000 and Council is sensitive to the need to remove diseased trees.
He requested the City Administrator see if the City actually owned the Chatham trees. He
commented that four of the trees are on County property; however, the trail belongs to the City.
He stated the City Attorney would need to clean up the definition of City owned property in this
area. He asked Public Works Director Hoag to not encourage the removal of trees not previously
marked as the elms turn yellow in the fall and could be mistaken for diseased. He commented the
trees in question were brought to the City's attention by a resident.
Councilmember Holden asked how many trees are involved. Public Works Director Hoag
replied there are 32 Dutch Elms, 7 oaks, and I tree that fell over the path.
Councilmember Holden asked if any tree inspections were done in other areas of the City.
Public Works Director Hoag commented that staff inspected throughout the City. He reported
that a few trees have been removed, but for most part, residential areas have not seen a large run
of Dutch Elm disease. He commented the trees suffered stress due to the dry weather and could
have problems in the spring.
Mayor Harpstead questioned whether the oaks would be removed this winter. Public Works
Director Hoag replied they could be deferred and that he did not have a cost estimate for the
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oaks. He stated the price is based on the fact that the trees are not accessible to the contractor by
truck.
Councilmember Grant questioned whether the County would remove the four trees on County
property. Public Works Director Hoag replied he would talk to the County about removing
them. He stated the County's portion of the cost is approximately $1,000 to $1,500.
Councilmember Grant asked whether the County would use the City's vendor. Public Works
Director Hoag replied he would approach the County about this.
Councilmember McClung asked if tree inspectors had gone through the Crepeau Nature
Preserve to inspect for diseased trees. Public Works Director Hoag replied this was done. He
stated a tree inspection was done of the open areas three times this year.
MOTION: Councilmember Grant moved and Councilmember McClung seconded a
motion to Authorize Staff to Proceed with Diseased and Hazard Tree
Removal on City Owned Property, for a Cost Not-to-Exceed $14,905.74.
The motion carried unanimously (5-0).
C. Motion to Appoint Noah Simon as Assistant City Administrator at an
Annual Starting Salarv of $69,000, Pending Satisfactory Completion of
Background and Reference Checks.
City Administrator Wolfe reported the Assistant City Administrator position became vacant
when Schawn Johnson accepted a position with the City of New Brighton in July 2007. She
reported the City received 60 applications for the open position, 18 candidates were selected for
screening interviews, and 5 were selected for the first round of in-person interviews. She stated
that after reviewing the 5 candidates, 2 were selected for second round interview, which were
held on September 21, 2007. She stated the interview panel consisted of herself, Mayor
Harpstead, and Councilmember McClung.
Councilmember Holden questioned why Mr. Simon wants to relocate to Minnesota. City
Administrator Wolfe stated he and his wife have family in Minnesota.
MOTION: Councilmember McClung moved and Mayor Harpstead seconded a
motion to Appoint Noah Simon as Assistant City Administrator at an
Annual Starting Salary of $69,000, Pending Satisfactory Completion of
Background and Reference Checks. The motion carried unanimously (5-
0).
8. UNFINISHED BUSINESS
A. TCAAP Update
Community Development Director Barton presented the TCAAP update. She reported a
meeting was scheduled for the end of October to discuss credit categories, the water treatment
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facility, FOST/FOSET, MOA, and other tasks. She stated that on September 21,2007, the Army
requested this meeting be rescheduled to some time in November 2007. She reported the City
Attorney, the developer's attorney, the Army, and the GSA attorney are in Washington DC this
week to review the FOST/FOSET. She stated that any unresolved issues would be discussed at
the November meeting. She reported the Master Planning process is on hold until a preferred
design is agreed upon by City Council. She stated Ehlers met with Ryan to go over assumptions
and numbers relative to density. She indicated a review would be presented at the October 22,
2007 City Council meeting.
City Administrator Wolfe reported on the transportation, the Highway 10/96 project, the
market study, the communications strategy, and the next steps. She reported the congressional
letters were mailed.
Councilmember Holden asked if one of the deadlines was extended to February I, 2008.
Community Development Director Barton replied that was correct.
Councilmember Holden questioned why the City's TCAAP Attorney was involved with
negotiations. City Administrator Wolfe replied the City Attorney represents the interests of the
City and makes sure the discussions are done in a way the City is protected. She stated the City's
TCAAP Attorney is reviewing much of the work prepared by Arm, GAS, or the developers'
attorney.
Councilmember Holden stated she had a problem with the last email received from Ryan and
asked how the City would deal with this. Mayor Harpstead replied a worksession could be
scheduled to discuss this.
Councilmember Grant stated numbers and a financial analysis would be delivered to the City
some time this week and is hopeful it is a good analysis of the City's financial stand. He
requested staff would put this on the worksession agenda for October 2007.
Councilmember Holden commented on the long time span between meetings. Community
Development Director Barton replied a standing conference call occurs the second Tuesday of
each month.
City Administrator Wolfe commented that the attorneys meet to review the documents for
clarification.
Councilmember Grant commented the Army requested the extension to February 2008. He
asked that the Congressional letters state the Army requested the extension. City Administrator
Wolfe replied that information would be included.
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B. Motion to Support the PTRC Recommendation to Designate the Sheehy
Property as a Pnblic Park, Inclnding Retaining the Existing Tennis Court
and Placing it on the City's Hard Court Maintenance Schedule.
Parks and Recreation Manager Olson reported that at the April 9, 2007 Regular City Council
Meeting staff presented information on the Sheehy Tennis Court located at 3168 Ridgewood
Road. She stated that at that time the tennis court was in need of repairs; therefore, the City
placed a lock to prevent its use. She reported that in September 1995 Arden Hills Association #3
made repairs to the tennis court once they received exclusive use; however, the courts are again
in need of repairs. She reported the options available.
Mr. Bruce Eisenmenger, 1504 Edgewater, commented that a great deal of discussion has
occurred about this issue and it is the consensus of the neighborhood that they would like to
retain the lease for exclusive use and maintain the tennis court property including carrying
liability insurance.
Conncilmember McClnng asked if Council decides to designate this as a City park, why he
would not want the tennis court. Mr. Eisenmenger replied because this would increase traffic in
the neighborhood and decrease the privacy of the beach property.
Conncilmember Holden commented on the contract with Arden Hills Association #3. Mr.
Eisenmenger commented the association put $8,000 into maintenance in 1996. He stated there
have not been extensive repairs since then. He explained the agreement was that the Association
would restore the tennis courts.
Conncilmember Holden asked if the City received verification on insurance. Parks and
Recreation Manager Olson replied the City Attorney assured her there was insurance on the
tennis courts.
Mayor Harpstead asked what the life expectancy would be on the resurfacing of the courts.
Parks and Recreation Manager Olson replied that five to seven years was typical. She stated
the vendor who looked at the court commented there are areas that would need to be repaired.
Mayor Harpstead asked about parking at the tennis court. Parks and Recreation Manager
Olson replied the PTRC did not believe the tennis courts would be utilized enough to consider
parking an issue.
Councilmember Grant asked whether the Association had input into the PTRC
recommendation. Parks and Recreation Manager Olson commented input from the
Association was given, but they were not notified regarding the PTRC meeting.
Mayor Harpstead asked Mr. Eisemnenger if he had a lease duration in mind. Mr.
Eisenmenger replied that if the Association spent significant dollars they would like it
commensurate to that timeline.
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MOTION: Councilmember McClung moved and Councilmember Grant seconded a
motion to Table the PTRC Recommendation to Designate the Sheehy
Property as a Public Park, Including Retaining the Existing Tennis Court
and Placing it on the City's Hard Court Maintenance Schedule for
discussion at the October PTRC meeting and bring it back to Council. The
motion carried unanimously (5-0).
9. COUNCIL COMMENTS AND REQUESTS
Mayor Harpstead commented that when a leaky roof is found, it should be brought to staffs
attention quickly.
Mayor Harpstead stated residents are the City's first line of information and he encouraged
them to do advise when they see items in need of repair or other City issues.
Mayor Harpstead directed staff to follow up on the ownership of the Chatham trails.
Councilmember Grant stated residents are our best eyes and anything they see that should be
brought to the attention of the City and to please contact staff.
Councilmember Holden questioned whether a traffic study for Walgreens had been done and
would it be presented at the Planning Commission in October 2007. Community Development
Director Barton replied yes.
Councilmember McClung reported attending the Lake Johanna Fire Board meeting.
Councilmember Holmes reported that a resident called her attention to recruiting signs placed
along the roads by the Boy Scouts. She stressed that this is a violation of City Code.
Councilmember Holden requested that when Scouts receive awards they should be recognized
by the City Council.
City Administrator Wolfe announced that the October 8, 2007 meeting might be cancelled due
to a lack of agenda items.
10. ADJOURNMENT
Mayor Harpstead ad'
e Regular City Council meeting at 8:53 p.m. to a worksession.
Michelle Wolfe
City Administrator