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HomeMy WebLinkAbout11-26-07-R ~ ~~HILLS Approved: December 10, 2007 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 26,2007; 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 7:00 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; Assistant City Administrator Noah Simon; Finance Director Susan Iverson; City Attorney Jerry Filla; City Planner James Lehnhoff; Planner Meagan Beekman; and Recording Secretary Dianna Wise. PLEDGE OF ALLEGIANCE Mayor Harpstead announced that City Administrator Wolfe has been appointed as the Deputy City Manager in Aurora, Colorado. He stated that her official last day is December 28, 2007. 1. APPROVAL OF AGENDA Mayor Harpstead withdrew agenda Item 7 A Mayor Harpstead added Item 7E ~ Search/Recruitment of City Administrator 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 INQUIRIES/INFORMATIONAL Mr. Steve Gericke, 1840 West County Road E, stated the City attempts to keep the City clean; however, parking of cars on City streets, motor homes, trailers, boats are allowed. He stated this is a lot for him to look at. He reported his neighbor has equipment in his yard that he would like ARDEN HILLS CITY COUNCIL - Noyember 26, 2007 2 the City to address. He acknowledged that the vehicles in the rear yard have been removed. He stated he would like the Planning Commission and City Council to consider reducing the capability of parking four cars in a driveway. City Planner Lehnhoff explained the Planning Commission is currently reviewing the storage of motor homes, boats, trailers, and vehicles. He stated the City Ordinance currently allows three recreational vehicles to be stored in the rear yard and up to four cars in the front on an improved surface. He indicated this issue is scheduled to be on the December 5, 2007 Planning Commission agenda. 3. APPROVAL OF MINUTES A. October 15, 2007 City Council Worksession Councilmember Holmes requested a change to page 2, paragraph 3, to read: "She stated she is happy with the format used for presenting the figures. " Mayor Harpstead requested paragraph 4 be removed. Mayor Harpstead requested paragraph lObe changed to read "he would like an illustration of the higher density areas designated for redevelopment" added. B. October 29, 2007 Regular City Council Meeting Councilmember Holden requested the motion on page 13 be restated to indicate: The motion failed 2/3 (Council members Holden, Holmes, and McClung) C. November 13, 2007 Regular City Council Meeting Mayor Harpstead requested the second "he" in Item 8A, paragraph I, third sentence be removed. Mayor Harpstead requested a change on page 3, Item 9, paragraph 2 state "PTRC Committees because they asking for the cities to invest in directions... " D. November 13, 2007 Regular City Council Worksession MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to approve the October 15, 2007 City Council Worksession minutes, the October 29, 2007 Regular City Council minutes, the November 13, 2007 Regular City Council minutes, and the November 13, 2007 W orksession minutes as amended. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL ~ November 26, 2007 3 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve the 2008 Liquor Licenses C. Approve Resolution 07-68 (Amended) - Resolution adiusting the Special Assessment Roll for Tax Parcel 34-30-23-22-0051 (Formerlv Tax Parcel 34-30- 23-22-0028) D. Motion to Approve the 2007 Amended Compensation Plan 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 None 7. NEW BUSINESS :\. Motion to Den'l Planninlr Case 97 Q18 f-ar a Master Planned Unit Development, Final PUD for Phase I, Preliminarl Plat, and Final Plat of the :\rden Plaza Redeyelopment Proposal at 3S27 Lexington }senne South Based on the Findings of Faet and the Snbmitted Plans in the November 26, 2097, Planning Case Rcport B. Motion to Approve the City Administrator and Mavor to Enter into a Merchant Agreement with RevTrak for Credit Card Services and Web Site License Finance Director Iverson reported that staff met with the representative from RevTrak to view a demonstration of the software and capabilities. She stated staff saw a number of possibilities for the new software including a web store, providing on-line payment option to pay utility bills using a credit cards, and the ability to sign up and pay for recreation classes. Finance Director Iverson explained the web store would be available to residents 24 hours a day, seven days a week, thus, reducing staff hours processing checks and payments. She stated another advantage is that the web store is hosted on the RevTrak system and is monitored for security and credit card data. ARDEN HILLS CITY COUNCIL - November 26, 2007 4 Finance Director Iverson explained the monthly fee for the service is $49.95 per month, as the population of Arden Hills is under 10,000. She stated the Springbrook interface would cost $1,575 and the yearly maintenance fee is $394. She reported the yearly costs have been worked into the 2008 budget and sufficient funds are available to cover the implementation costs in 2007. Finance Director Iverson explained the other costs would include approximately a 2.9% processing fees of the amount collected. She stated the only real cost besides the implementation cost is the increased use cost bank charges as a result increased use of the payment system; however, this could be recovered through including this cost in the City's fees. She indicated the system could grow with the City and several other departments are considering using this system. Councilmember Holden requested additional information on the 2.9 percent rate. Finance Director Iverson replied it would be an overhead cost. She stated the usage might increase; however, clerical costs would go down and the rate of uncollected accounts could decrease as well. Councilmember Holden questioned whether the utility system IS 100 percent on the Springbrook. Finance Director Iverson replied it is 100 percent converted onto Springbrook. She stated she believes the Park and Recreation guide could be converted into a "pdf' document and loaded onto the system. She stated the advantage is that RevTrak has worked with vendors who provide the current recreation software and staff is checking on the ability to interface with the system. Councilmember Holden questioned what the monthly cost would be if the population exceeded 10,000. Finance Director Iverson replied the monthly charge would increase to $89.95 per month. Councilmember Grant asked if the interface was a one time cost. Finance Director Iverson replied that it was. Councilmember Grant stated the system appears to be a value relative to the cost and a convenience to residents. He indicated he fully supports this. Councilmember Holmes requested more information about the web store. ARDEN HILLS CITY COUNCIL ~ November 26, 2007 5 Finance Director Iverson explained that each customer would set up their own account with a shopping cart and categories. She explained the set up is similar to other on-line shopping sites. Councilmember Grant questioned whether the monthly auto pay would be an option. Finance Director Iverson replied that might take more work; however, it is something that could be worked into this program. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to Approve the City Administrator and Mayor to enter into a Merchant Agreement with RevTrak for Credit Card Services and Website License. The motion carried unanimously (5-0). C1. Motion to Adopt Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Existing Structures in the B-2 General Business District for the Period of One Year City Planner Lehnhoff provided information on Ordinance 390. He displayed a map of the B-2 General Business District and pointed out the area the moratorium would encompass. He stated staff included an exemption for building expansions of less than 250 square feet that would not impact the transportation infrastructure and are in conformance with the requirements of the Zoning Code, in order to provide some flexibility for existing businesses. He indicted staff did not anticipate this exemption would negatively impact the City's ability to evaluate the purpose, regulations, or the future of the B-2 District; however, this exemption could be removed by the City Council if deemed necessary. City Planner Lehnhoff reported that a study of the B-2 General Business District would be conducted in early 2008 to develop a vision and design standards. He commented that if approved, the moratorium would go into effect on December 5, 2007, and last one year. He explained that the moratorium could be ended early if the study is complete before the year ends, and, under certain conditions, the moratorium could be extended after the first expiration date. Councilmember McClung questioned whether state statutes provide guidance on extending a moratorium. He asked what would be a valid reason to extend a moratorium. City Attorney Filla explained state statutes dictate that a moratorium could be extended for 120 days if appropriate federal, state, or metropolitan agency reviews of regulations are required or if required by Federal or State court order. He commented the City should enter into the moratorium with the intention of completion with the 12 months. ARDEN HILLS CITY COUNCIL - November 26, 2007 6 City Planner Lehnhoff replied a consultant would be hired to facilitate and assist City staff. He stated businesses and residents would be asked to participate. He commented it could be incorporated into the 2008 Comprehensive Plan as an amendment. City Attorney Filla commented that a small area plan as part of the Comprehensive Plan could be a reason to extend a moratorium, if the City was waiting for MetCouncil approval before it could be implemented. Councilmember Holden asked if a consultant was budgeted for in 2008. City Planner Lehnhoff replied the draft budget did allow $35,000 for this consultant in 2008. Councilmember McClung questioned if the ultimate outcome would be a small area amendment to the Comprehensive Plan for the B-2 District. City Planner Lehnhoff replied that was correct as well as an amendment to the Zoning Code and a more detailed vision for the County Road E corridor. Councilmember Holmes commented the most important part of the study is the traffic and the County road system. She stated it is important to involve Ramsey County and traffic engineers in the study. City Planner Lehnhoff replied that Ramsey County would be part of the process. He stated the exemption would be required to meet the most recently adopted design standards. Mayor Harpstead stated the outcome is a vision for the area and how the streets work and interact with the sidewalks and buildings. City Planner Lelmhoff replied that was correct. MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to Adopt Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Existing Structures in the B-2 General Business District for the Period of One Year. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL ~ November 26, 2007 7 C2. Motion to Approve Publishing a Summary of Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Existing Structures in the B-2 General Business District for the Period of One Year in Accordance with Minnesota State Statute 412.191, Subd. 4 (4/5 vote required) Councilmember Holden asked City Planner Lehnhoff what would happen if someone came into the office tomorrow and requested a permit. City Planner Lehnhoff replied it would be processed if all requirements of the building and zoning code were met, but meeting all the requirements is unlikely before December 5, 2007, when this moratorium would go into effect. MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to Approve Publishing a Summary of Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Existing Structures in the B-2 General Business District for the Period of One Year in Accordance with Minnesota State Statute 412.191, Subd. 4. The motion carried unanimously (5-0). D. Response to Resident Regarding Code Enforcement Issues City Administrator Wolfe explained that Arden Hills' resident Richard Wenzel appeared before the City Council at a recent meeting to voice concerns regarding code enforcement issues with two properties along County Road D. She stated Mr. Wenzel also referenced issues related to animal control enforcement and a recent citation he received. She stated that, at that time, staff indicated they would respond to Mr. Wenzel's concerns and report back at a future Council meeting. City Administrator Wolfe reported Code Enforcement is largely a complaint-driven process. She stated that, specific to these two properties, staff had more than 30 contacts with the property owner at one location, and 15 contacts with the other property owner at the other location due to code compliance issues. She commented that in early November, 2007, staff again visited both locations, noted violations, issued letters to the owners, and notified them that re-inspections would occur in late November, 2007. City Administrator Wolfe explained there are some difficulties in code enforcement. She stated that while staff had ongoing contact with the property owners and many violations were corrected, staff has limited tools for ensuring continued compliance. She stated that many of the issues are those that could be in or out of compliance on a day-to-day basis. She indicated that while most property owners quickly comply with code enforcement notification, there are some who continue to have issues despite the actions taken by the City, the Sheriff, and/or the City Attorney. ARDEN HILLS CITY COUNCIL - November 26, 2007 8 City Administrator Wolfe explained there are tools that could be implemented in the future to assist staff with enforcement, such as administrative fines; however, they are not available to staff at this time. She explained that administrative fines could be a useful tool in code enforcement and compliance; however, there is still no guarantee that all properties would be in compliance with the code 100% of the time. She stated that despite the difficulties of enforcement, the City is committed to enforcing code violations. Councilmember Holden requested examples of the difficulties. City Administrator Wolfe replied that with some violations such as animal control, it is easy to issue a fine, but issues with some the violations can change. The nature of the violation is one that it must be observed for follow-up. She stated that once issued, violations are often ignored and the criminal process begins. City Attorney Filla replied that as an example there were a number of citations issued for a property while the resident was out of state and warrants were issued that are currently outstanding. He stated the property owner has had a representative clean up the property. He explained the court process from beginning to end is about six months if the property owner requests trial and in the mean time, the property remains in violation. He stated civil action is an expensive option and recommends the City develop a standardized process/procedure and stick with it. Councilmember Holden asked if, after so many violations, there is way of combining them or looking at them differently. City Attorney Filla replied they are all misdemeanors with a maximum fine of $1 ,000 for each violation or 90 days in jail. Councilmember Holmes asked City Attorney Filla to comment further on administrative fines. City Attorney Filla stated the administrative fines could not replace traffic code enforcement as it is a matter for the courts and traffic fines could not be taken away from the traffic fine revenue from the courts. He explained it could be done for code violations whereby citations could ultimately be imposed if previous methods of code violation notification have been ignored. He stated the administrative fine system for housing code violations are enough to encourage most residents to abide by the codes. Councilmember Holmes questioned ifthe amount of fines are limited under state law. City Attorney Filla replied they are not. Mayor Harpstead questioned whether the fines uncollected could be added to property taxes. ARDEN HILLS CITY COUNCIL - November 26, 2007 9 City Attorney Filla replied he would need to check on this. E. Search/Recruitment of City Administrator Mayor Harpstead reported that Council met with Mr. Harry Brull, Senior Vice President of Personnel Decisions International (PDI), at a worksession prior to the City Council meeting. He stated Mr. Brull presented a proposal MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to allow the Mayor to enter into an agreement with Personnel Decisions International (PDI) for an amount not to exceed $21,500 for the purpose of hiring a City Administrator. The motion carried unanimously (5-0). 8. UNFINISHED BUSINESS A1. Motion to Approve Planning Case 07-024 for a Conditional Use Permit Amendment at 1230 Red Fox Road Based on the Findings of Fact and the Submitted Plans as Amended by the Twelve Conditions in the November 26, 2007 Planning Case Report City Planner Lehnhoff provided background information on the application from Sprint- Nextel. He reported Sprint currently has 12 antenna mounts with six actual antennas installed on the City's water tower at 1230 Red Fox Road. He indicted there are currently four mounts and two actual antennas each at the 60, 80, and 100 foot levels. City Planner Lehnhoff reported Sprint is proposing to install two new antennas at the 152 foot level of the water tower and remove the eight antenna mounts, and the four actual antennas at the 60 and 100 foot levels, and vacate those areas back to the City. He stated the four antenna mounts with the two actual antennas at the 80 foot level would remain. He explained that Sprint plans to remove one Nextel antenna at the 154 foot level to create room for one of the proposed new Sprint antennas. He stated the other proposed Sprint antenna at the 152 foot level would be in a location that previously did not have an antenna. He indicated that Sprint now owns Nextel and since the total number of Nextel antennas is decreasing and the replacement antennas are not outside the approved leased area for Nextel, the Nextel antenna removal would not require a Conditional Use Permit or a lease amendment. City Planner Lehnhoff stated the application was tabled at the October 29, 2007, City Council meeting to give staff time to gather additional information regarding lease rates for comparison of antennas with similar conditions in other cities. He reported the median lease rate was $18,000, with a range from $9,500 to $27,000 per year. He stated a rate of $18,000 was discussed and agreed to with Mr. Richard Marcus, representative from Sprint-Nextel. City Planner Lehnhoff pointed out no other lease terms would ARDEN HILLS CITY COUNCIL - November 26, 2007 10 change. He stated the current lease would expire in 2025 with a rate increase of 15% every five years, with the next increase due in 2010. City Planner Lehnhoff reported the Planning Commission reviewed the amendment at their October meeting and unanimously approved Planning Case 07-027 for a Conditional Use Permit Amendment, subject to 12 conditions. Councilmember Grant questioned whether Roseville did an antenna study in 2001-2002 and stated he noticed the rates were somewhat higher. City Planner Lehnhoff replied he would check this. Councilmember Grant stated this would indicate that the Arden Hills rates should then be in the $20,000 to $23,000 range and would like to consider this. He pointed out it there are about 18 years left on the lease, which would amount to about a $75,000 net increase overall to the City at the $18,000 lease rate. He stated that a rate of $22,000 range per year would be another $75,000 to the City. Councilmember Grant commented that, because the lease runs for so long, it behooves the City to make sure it receives the correct lease rate. He stated he would like the study from Roseville reviewed to make sure the amount is fair and equitable. Mayor Harpstead asked about the timing issue of the CUP. City Planner Lehnhoff replied the City's review of the CUP expires on December 30, 2007, unless Sprint agrees to extend it. Councilmember Holden questioned when the original contract was negotiated. City Planner Lehnhoff replied it was in 2000 for Arden Hills but we do not have that information for the other cities. Mayor Harpstead mentioned there was a function of the number of antennas as part of the evaluation. City Planner Lehnhoff replied his guess would be that the number of antennas would impact the money collected by a City. Mayor Harpstead commented the City would have vacated space available for lease to other businesses. City Planner Lehnhoff replied that was correct. Councilmember McClung expressed concern over not knowing what an appropriate lease rate is for the antennas. He is concerned that the City is below the market and would ARDEN HILLS CITY COUNCIL ~ November 26, 2007 II need more investigation before the CUP expires. He stated he would like to see the results of the Roseville study to give Arden Hills a better idea of what to expect. Mayor Harpstead stated another option would be to enter the amount of $23,000 to the negotiation process and move on that. Councilmember Holden asked for the height of the Roseville antennas. City Planner Lehnhoff replied the Roseville antennas are 150 feet in height. Mayor Harpstead commented an amendment to the lease amendment would be needed to change the proposed lease. City Planner Lehnhoff commented an additional condition would be required to the second motion regarding the lease. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Approve Planning Case 07-024 for a Conditional Use Permit Amendment at 1230 Red Fox Road Based on the Findings of Fact and the Submitted Plans as Amended by the Twelve Conditions in the November 26,2007, Planning Case Report. The motion carried unanimously (5-0). A2. Motion to Approve Amendment No.1 to the February 29, 2000 PCS Site Agreement between the Sprint Spectrum L.P. and the City of Arden Hills as Proposed in the November 26, 2007 Planning Case Report. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Approve Amendment No. I to the February 29, 2000, PCS Site Agreement between the Sprint Spectrum L.P. and the City of Arden Hills as Proposed in the November 26, 2007, Planning Case Report with Modification of the Rent to be Increased by $700 for a total Monthly Rate of$I,850 or $22,200 Annually. The motion carried unanimously (5-0). B. TCAAP Update City Administrator Wolfe reported that efforts with the developer, attorney, and consultants have been to prepare for a meeting with the Army and GSA to be held in Washington, D.C., later this week. She stated the primary item for discussion would be further negotiations for categories for the cost of clean up as credits towards the purchase price. She commented the plan is to finalize an agenda on November 27,2007. City Administrator Wolfe stated staff submitted a request for consideration for the 2008 State Bonding Bill looking for matching funds towards the County Road H interstate interchange and funding for the Highway 10/96 project. The Senate Bonding Committee is scheduled to visit Arden Hills on Dec 13,2007. ARDEN HILLS CITY COUNCIL ~ November 26, 2007 12 Councilmember Holmes asked who would attend the meeting in Washington D.C. Mayor Harpstead replied he would attend the meeting. 9. COUNCIL COMMENTS AND REQUESTS Councilmember Holden asked about the permit software. Finance Director Iverson replied the current vendor has a beta program preparing it for release. She stated this would be the most economical choice. City Administrator Wolfe replied it is an upgraded version of the current software the City has. She stated staff should determine how long they are willing to wait for the upgrade or look for other options. She indicated a deadline was given to the vendor. Councilmember McClung commented he and Assistant City Administrator Simon attended the Lake Johanna Fire Department Board of Director's meeting on November 21, 2007. He stated he asked Assistant City Administrator to distribute the information. He stated the board is looking at a needs assessment for the department on staffing needs for the future. Councilmember McClung stated that several companies around the United States do these types ofreports and commented he would forward information to Council. He reported the City Manager of Shoreview submitted a Request for Proposal (RFP) and requested Councilmembers review it for additions from the City of Arden Hills' perspective relative to broader issues. He commented this gives the City a look at global issues and a plan for these. Councilmember Holden questioned Councilmember McClung about the email concerning the delay in the processing of 911 calls from the Lake Johanna Fire Department. She asked if there is a process going forward to bring this to the attention of the Ramsey County Commissioners. Councilmember McClung replied the board requested the Fire Chief provide City Managers with a monthly update on statistics and issues with the Dispatching Center. He commented he would contact the oversight board members to discuss the information and forward information as he receives it. City Administrator Wolfe commented that at the recent Contract City's meeting with the Ramsey County Sheriffs, this was brought up as something to look at from the Sheriffs Department operations side as the Sheriff also has a seat on the board. She commented updated information is forthcoming. Councilmember Holden asked if there was a problem with processing calls on the Police, Fire, and Sheriff side also. ARDEN HILLS CITY COUNCIL - November 26, 2007 13 Councilmember McClung stated there was a period of time where problems with the phone system existed. He explained that when the switch over occurred, he thought there were some calls that were dropped. Councilmember Holden stated it is important to keep on top of this because the City was guaranteed by the County Commissioners that it would have the same level of services for the additional cost. City Administrator Wolfe commented she agreed and indicates she spoke to some Police and Fire Department staff in Washington County. She explained they went to a new 800 MHz system. She stated learning the new system and the other set of issues relating to staffing levels had an impact. Councilmember Grant commented that while the same level of service is important, what Council needs to remember is that this is public safety issue and most calls are time critical. Mayor Harpstead requested this item be added to the agenda under Unfinished Business for updates until the situation is resolved. Councilmember Grant requested staff find out why Council is just hearing about this now ifit happened on November 5, 2007. Mayor Harpstead replied the subsequent email could answer this. Councilmember Holmes questioned City Attorney Filla about the moratorium on the electronic billboards. City Attorney Filla replied it is under the same rules as the moratorium as discussed in the B-2 District. Councilmember Holmes reported the electronic billboard moratorium expires the end of January, 2008. Councilmember Grant reported the Financial Management and Analysis Committee did not meet in November; however, they would meet in December to discuss the reserve balance. Mayor Harpstead informed City Administrator Wolfe that she would be missed. He stated the people of Aurora, Colorado are getting an exceptional individual. ARDEN HILLS CITY COUNCIL - November 26, 2007 14 10. ADJOURN MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion adjourn the meeting. The motion carried unanimously (5-0). djourned the R gular City Council Meeting at 8:18 p.m. . (V((A~il~)~ Michelle W 0 fe City Administrator