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HomeMy WebLinkAbout07-14-08-R ~ ~HILLS Approved: July 28, 2008 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 14, 2008 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 7:04 p.m. Present: Mayor Stan Harpstead; Council Members David Grant, David McClung and Fran Holmes. Absent: Brenda Holden (excused). Also present: City Administrator Ronald Moorse; Assistant City Administrator Noah Simon; Public Works Director Gregory Hoag; Civil Engineer Kristine Giga; Finance Director Susan Iverson; Parks and Recreation Manager Michelle Olson; Planner I Meagan Beekman; City Planner James Lehnhoff; Stacie K vilvag of Ehlers & Associates; Gen McJilton of Ryan Companies; Bruce Dejong representing Minnesota Government Finance Officers Association; Rick Collins of Ryan Companies; Dennis Mauldey of CMK Arden Holdings; Tanya Spaulding of Shea Inc.; Dennis Shea of Shea Inc.; Fire Chief Tim Boehlke of the Lake Johanna Fire Department; Deputy Fire Chief Ralph Adair of the Lake Johanna Fire Department; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember McClung requested item 4B be pulled from the consent calendar. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL - July 14, 2008 2 2. PUBLIC INQUIRIES/INFORMATIONAL A. Popular Annual Financial Report Mr. Bruce DeJong representing Minnesota Government Finance Officers Association, presented the Popular Annual Financial Report award to the City of Arden Hills and Finance Director Sue Iverson for outstanding achievement in financial reporting to the public. He reported that only three cities in Minnesota received this award for 2006 and 154 cities nationwide. This document allows you to show your citizens and taxpayers that you are exercising good stewardship over the resources that have been entrusted to the City of Arden Hills. Involvement in this program allows your residents to have an excellent understanding of the city's financial position so they can provide meaningful input into your monetary decisions. Finance Director Sue Iverson thanked everyone and acknowledged the Communications Department chair Chris Gabio and the City's Communication Committee for their efforts. B. TCAAP Update City Administrator Ronald Moorse stated that the monthly conference call with the Army and GSA was on Tuesday, July 18. He stated that the call was brief but positive. He let the Army and GSA know that the City had made a decision regarding the local access interchange. They indicated it appears there is new energy and forward movement in the process. Mayor Harpstead opened the public inquiries/informational at 7: 11 p.m. Public Ms. Shawn Tholan, 1143 Waldon Place, referenced an e-mail she had sent to the Council in regards to being harassed by one of her neighbors because of her garbage cans. She referenced the garbage ordinance and stated that her garbage cans were now in compliance with this but the person who was harassing her was not and she would like the City to address the situation. She also stated that the City's complaint process should be reviewed. Mayor Harpstead stated that Staff does have this complaint as an action item and will look into it. ARDEN HILLS CITY COUNCIL - July 14, 2008 3 Ms. Tholen stated that she had not heard anything from the City. Mayor Harpstead stated that the City would be in touch with her4 Ms. Brenda Goldman, 1146 Waldon Place, stated that she had gotten a letter from the City in regards to her garbage being non-conforming. She also stated that the compost bin that was not in compliance at the time of the letter is now in compliance because the bush that it sits behind now has leaves. Mr. Justin Lindall, 1927 County Road D, asked the City to not consider complaints legitimate unless there are at least three corroborating witnesses. He also read a statement from neighbors that stated they did not have any problems with his yard. Mayor Harpstead requested copies of the letters that Mr. Lindall brought in and referenced. Mayor Harpstead closed the public inquiries/information at 7:22 p.m. 3. APPROVAL OF MINUTES A. June 16, 2008., City Council Worksession Councilmember McClung stated that page 2, the first paragraph, the second sentence should read: He further explained the truck being replaced was a 1988 truck and only had a 50' ladder. B. June 23tt 2008 Special City Council Meetin2 c. June 23tt 2008 City Council Worksession MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to approve the June 16, 2008, City Council Worksession as amended, the June 23, 2008 Special City Council Meeting, and the June 23, 2008 City Council Worksession minutes as presented. The motion carried unanimously (4-0). 4. CONSENT CALENDAR A. Claims and Payroll B. f\10tion to .l^-,,-ppro'ie Planning Case 08 018 for a Site Plan Re\'ievv' for a 988 Square Foot Detached Garage Located at 1921 Grant Road Based ARDEN HILLS CITY COUNCIL - July 14, 2008 4 on the Findings of Fact and the Submitted Plans as ~^~mended b)' the Eight Conditions in the Jul)' 11, 2008, Report to the City' Council c. Motion to Authorize Releasing the 2030 Comprehensive Plan Update to the Affected Governmental Units for Review D. Motion to Amend Section 3.0 Subd B. I.a of the Final Planned Unit Development Permit for the Traverse Business Center to Extend the Building Permit Deadline for Phase I to July 30, 2009 MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 5. PULLED CONSENT ITEMS A. Motion to Approve Plannin2 Case 08-018 for a Site Plan Review for a 988 Square Foot Detached Gara2e located at 1924 Grant Road Based on the Findin2s of Fact and the Submitted Plans as Amended by the Ei2ht Conditions in the Julv 14.. 2008., Report to the City Council Planner I Meagan Beekman stated that the applicant was proposing to demolish the existing garage and build a 988 square foot detached garage. She also stated that the home and current garage are legally non-conforming but the proposed project would bring the property into greater conformance with the present zoning code. She stated that the applicant was going to be removing four trees. The tree preservation ordinance requires that 49 feet of new trees would need to be replaced. The applicants requested a reduction in the amount of trees being required and the Planning Commission decided that four replacement trees would be appropriate. Councilmember McClung asked Ms. Beekman to explain the tree preservation ordinance and how it affects this property. Planner I Beekman explained that the diameter of all the significant trees on the property are added together to determine the caliper inches. She stated that up to ten percent of this amount can be removed without mitigation requirements. In this case, the remaining ninety eight feet of trees that were to be removed were then subject to the replacement ratio of one to two. She also stated that the code allows that if there is not enough room on the property for the replacement trees the City can request cash in lieu which would allow the City to plant and maintain trees in other parts of the City. ARDEN HILLS CITY COUNCIL - July 14, 2008 5 Councilmember McClung asked if the garage could be moved in order to save a few of the trees being removed. Planner 1 Beekman stated that the garage could be moved ten feet and this would save three trees but the applicants have stated that the present location for the garage allows for an addition they are planning to do, in the near future. Councilmember Grant stated that on the site plan a portion of the driveway is concrete then gravel for a portion. He stated that the City Code required that all driveways be of an improved surface such as concrete.. He asked why this would not apply to this particular case. Planner I Beekman stated that new constructions require the driveway to be of an improved surface but this particular case was not a new construction and the existing driveway is not being altered or moved in any way. She also stated that the City could not ask for it to be replaced as a condition of the approval of this request but if the applicants decided to change or alter the driveway in the future it would need to be upgraded at that time. Councilmember McClung stated that the current driveway is being altered because it is being lengthened and this would be an enlargement of a non- conforming driveway. City Planner James Lehnhoff stated that anywhere the applicants are adding to the driveway in length has to be of an improved surface but the portion that is gravel is not being altered or changed. If the existing gravel driveway is altered or changed then it would be required to be upgraded. He stated that the driveway will be partially concrete and partially gravel. Councilmember Grant clarified that the gravel portion of the driveway did not need to be improved because the alterations were taking part in other areas of the driveway. Planner I Beekman showed the Council on the site plan map what portions of the driveway will be gravel and what portions will be concrete. Councilmember Grant stated that the only gravel portion was coming from the street. City Planner Lehnhoff stated that this was correct and if the applicants expand this portion then it would need to be upgraded. ARDEN HILLS CITY COUNCIL - July 14, 2008 6 Councilmember Grant asked if the City Code had anything relative to the footprint of the garage being larger than then the main structure. Planner I Beekman stated that there are no regulations that require the garage to be smaller than the principle structure. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a Motion to Approve Planning Case 08-018 for a Site Plan Review for a 988 Square Foot Detached Garage located at 1924 Grant Road Based on the Findings of Fact and the Submitted Plans as Amended by the Eight Conditions in the July 14, 2008, Report to the City Council. Planner I Beekman stated that there should be an amendment to condition number 7 that adds: , and submit a financial surety subject to approval of the City Attopmey. to the end of the condition. MOTION: Mayor Harpstead moved and Councilmember Grant seconded a Motion to amend Condition 7 and add the proposed language. The motion carried (3-1 - Councilmember McClung). MOTION: Councilmember McClung moved Councilmember Holmes seconded a motion to amend Recommendation 7 by replacing the number 24 with 49 in the amount of trees to be mitigated. Councilmember McClung stated that the City had spent a lot of time on the tree preservation ordinance and that it should be followed. He also stated that deviating from this on the first application of them would be setting a bad example. He stated that there are areas of the City that could use additional trees. He explained that he would not be able to support this motion based on the principle of the tree preservation ordinance. Mayor Harpstead asked if the trees could be planted somewhere else. Planner I Beekman stated that this would be allowed. Councilmember Holmes stated that the ordinance also provided for discretion under certain circumstances. Councilmember McClung reread the tree mitigation ordinance and stated that the circumstances did not substantiate a reduction in the amount to be mitigated. ARDEN HILLS CITY COUNCIL - July 14,2008 7 Councilmember Holmes stated that everything was up to the discretion of the Council. Planner I Beekman stated that the amount of trees can be reduced for the public good. Additionally the applicant's argument was that the amount needed to be replaced along with the cost of the new tress and installation was too great. Mayor Harpstead stated that there was a motion on the floor. Councilmember Grant stated that this could be considered affordable housing and the applicant is investing to improve the garage and the property for the betterment of the neighborhood and the property. Mayor Harpstead stated that he agreed with Councilmember Grant in that the applicants were investing in other areas of the property for improvements. Councilmember McClung stated that the Council should stand by the ordinance. Councilmember Holmes stated that it was the job of the Council to use its discretion for the betterment of the City and its residents and this was a good example of this. Amendment to the motion called to vote. The motion failed (I - 3 - Mayor Harpstead, Councilmember Grant, and Councilmember Holmes) Primary motion called to a vote. The motion carried (3-1 - Councilmember McClung). 6. PUBLIC HEARINGS A. Northwestern Colle2e Tax-Exempt Financint! - Motion to Approve Resolution 2008-033 for the Issuance of Colorado Educational and Cultural Facilities Authority Revenue Bonds in a Maximum A22re2ate Principal Amount of $9~OOO~OOO for the Purposes of Financin2 and Refinancin2 the Costs of Acquisition~ Construction~ Improvement~ Renovation and Equippin2 of Certain Facilities and Certain other Matters Relatin2 Thereto City Planner Lehnhoff stated that Northwestern College was requesting that the City of Arden Hills hold a public hearing for the issuance of tax-exempt financing for construction and improvement projects on the Northwestern College campus. The issuing authority of the tax-exempt bonds will be Colorado Educational and ARDEN HILLS CITY COUNCIL - July 14, 2008 8 Cultural Facilities Authority and the bonds will not constitute a charge, lien, or encumbrance upon any property of the City. The bonds do not count toward the City's bank qualified debt, and they are not charged against the general credit or tax paying powers of the City. The City would hold no financial responsibility or liability for the bonds. He also stated that the City of Roseville would be holding a similar public hearing for their portion of the bond request. Councilmember McClung asked for clarification on why the City was holding a public hearing since the Municipality was not receiving the bonds. He also requested the statute number that required the City to hold a public hearing. CouncilmemberGrant asked if he City was being asked to vote in favor of Colorado Educational and Cultural Facilities Authority issuing the bonds for improvements within the City. City Planner Lehnhoff stated that Councilmember Grant was correct and that the public hearing was being held so that residents had an opportunity to comment on the use of the tax-exempt financing in the City. Councilmember McClung restated that he would like Staff to forward the exact statute to him. Councilmember Holmes stated that the City had received a letter for Mr. Schroeder stating that Northwestern College would reimburse the City for the public hearing. She asked if there were other expenses that had been incurred during this process that should be reimbursed. City Planner Lehnhoff stated that Northwestern College would be reimbursing the City for all costs involved in the public hearing and the costs incurred by Briggs & Morgan for reviewing the proposal and resolution. Mayor Harpstead opened the public hearing at 7:58 p.m. Mayor Harpstead closed the public hearing at 7:59 p.m. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a Motion to Approve Resolution 2008-033 for the Issuance of Colorado Educational and Cultural Facilities Authority Revenue Bonds in a Maximum Aggregate Principal Amount of $9,000,000 for the Purpose of Financing and Refinancing the Costs of Acquisition, Construction, Improvement, Renovation and Equipping of Certain Facilities and Certain other Matters Relating Thereto at Northwestern College. ARDEN HILLS CITY COUNCIL - July 14, 2008 9 Councilmember McClung clarified for the public that the City was not responsible for repaying this debt. Councilmember Grant clarified that the City was only authorizing Colorado Educational and Cultural Facilities Authority to do business with Northwestern Collt;ge. The motion carried unanimously (4-0). B. Motion to Approve Resolution 2008-016 for the Vacation of Various Easements and a Public. Rit!ht-of-Wav.as part of the.Final Plat for the Traverse Business Center as Proposed in the Julv 14, 2008.. Report to the City Council Planner I Beekman stated the City had approved a planned unit development permit to CMK Arden Holdings for the Traverse Business Center. One of the conditions required the applicant to replat the property prior to issuance of any building permits. As part of the proposal to replat the property, the applicant is requesting that the City vacate several easements and the right-of-way for 13 th Street NE. The existing easements do not line up with the approved building design and preliminary drainage and utility plans. The approval of the vacation is contingent on the approval of the preliminary and final plat for the Traverse Business Center. The City Engineer reviewed the vacation proposal and does not have any objections. Temporary easements will be required prior to the execution of the Final Plat which will grant the City access to on-site utilities. New permanent drainage and utility easements will be dedicated to the City once the locations of drainage and utilities are finalized. Councilmember Grant asked if the City was confident that all the easements have been located. Planner I Beekman stated that the easements have all been located. Councilmember Holmes asked if the City should require temporary access since it would be allowing the vacation of the easements. Planner I Beekman stated that the temporary access is a condition of approval of the Resolution and in the language for the preliminary development agreement, which was an item later on the agenda. ARDEN HILLS CITY COUNCIL - July 14, 2008 10 Councilmember Holmes asked if temporary access was addressed In this resolution. Councilmember McClung stated that the resolution before the City does have two conditions of approval. One is approval of the preliminary and final plat and the other is granting the City temporary drainage and utility easements Mayor Harpstead stated that a motion could be made stating that approval IS subject to these conditions. Mayor Harpstead opened the public hearing at 8:06 p.m. Mayor Harpstead closed the public hearing at 8:07 p.m. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a Motion to Approve Resolution 2008-016 for the Vacation of Various Easements and a Public Right-of- Way as part of the Final Plat for the Traverse Business Center subject to the two conditions as proposed in the July 14, 2008, Report to the City Council. The motion carried unanimously (4-0). 7. NEW BUSINESS A. Discussion on renamin2 TCAAP City Administrator Moorse stated this was an opportunity to present infonnation regarding the renaming of the TCAAP property and that the Council was not expected to reach any decisions regarding the name at this meeting. He stated that Rick Collins from Ryan Companies would introduce the presentation. Mr. Rick Collins, VP of Development for Ryan Companies, 50 S. lOth Street, Minneapolis, stated that the renaming of the TCAAP property was another step in the process of the re-use. of the property and reconnecting the property to the community. He stated that Tanya Spaulding would be presenting the naming options and Dennis Shea was also present to answer any questions. Ms. Tanya Spaulding, of Shea Inc., presented the Council with a set of naming options for the Council to consider and discuss, as well as background information on the process used to develop and select the set of naming options. The six criteria the name and identity of the TCAAP site must meet are as follows: 1. Be distinct enough to obtain credibility, interest and understanding 2. Communicate the city's dedication to progress ARDEN HILLS CITY COUNCIL - July 14, 2008 11 3. Consider past, present and future city ideas and structure 4. Consider existing landscape and attention to greenspace 5. Integrate well with the strong surrounding community 6. Stand the test of time The final three names presented were: 1.) Arden Crest (at Arden Hills - at Rice Creek), 2.) The Ridges (of/at Arden Hills - at Rice Creek), and 3.) Capstone (of/at Arden Hills - at Rice Creek). She also presented visuals for all three naming options for the Council. Mayor Harpstead stated that the Council will have an opportunity to discuss the naming options during a work session. Councilmember Holmes asked what the names were. Ms. Spaulding restated the final three names being presented. She also stated that she would provide the Council with handouts. Mayor IIarpstead stated that the naming options could be placed on the vvebsite. Mayor Harpstead thanked Ms. Spaulding for her presentation. B. Motion to Authorize Staff to Proceed with the Purchase and Installation of a Park Si2D for Johanna Marsh for $2.,400 Parks and Recreation Manager Michelle Olson stated that the tennis court had been resurfaced, brush removal was complete and the City Council formally named the park Johanna Marsh. The final phase for the completion of Johanna Marsh is to have a sign installed. She stated that Staff is recommending that the sign match the new signs that have been installed at the City's other parks. She stated that Bruce Eisenmenger, the President of Arden Hills No.3 Association, had stated concerns about the possibility of directional signs being installed to assist people in finding the park. The Association would prefer that the park signage be minimal. Councilmember Grant asked if Staff had asked for quotes on a smaller sign.. Parks and Recreation Manager Olson stated that Staff s recommendation was to stay with the same signage that the City had in other parks. Staff also believes that the size of the sign will not draw additional people to the park. If requested, staff could get quotes on a smaller sign. Councilmember Grant stated that the City was essentially naming a tennis court since the surrounding area was marsh land and could not be utilized by the public. ARDEN HILLS CITY COUNCIL - July 14, 2008 12 Parks and Recreation Manager Olson stated that it has been named a park and that the area includes the surrounding wetlands along with the tennis court. Councilmember Grant asked if there were any plans to add a trail in the park. Parks and Recreation Manager Olson stated there were no plans at this time and the wetland area was not buildable. Councilmember Grant stated that he would not support spending $2400 on a sign for this park especially since the residents requested a smaller sign. Councilmember Holmes stated that this park is 8.75 acres and Valentine Park is around four acres and the same signage is used for all the parks. Parks and Recreation Manager Olson stated that Sampson Park was the smallest park. MOTION: Mayor Harpstead moved and Councilmember Holmes seconded a Motion to Authorize Staff to Proceed with the Purchase and Installation of a Park Sign for Johanna Marsh for $2400. The motion carried (3-1 - Councilmember Grant). c. Motion to Deny Planninf! Case 08-020 for a Variance to Construct an Attached Gara2e at 1518 Briarknoll Drive that \vould Encroach Five Feet into the Required Side Yard Setback based on the Findin2s of Fact and the Submitted Plans in the July 14.. 2008~ Report to the City Council Planner I Beekman stated that the applicant was proposing to tear down the existing garage that meets all the setback requirements and to rebuild a three stall garage five feet, ten inches closer to the lot line. This would reduce the side setback to five feet. Additionally the applicant proposes to extend the garage back an additional 22 feet off the rear to create a fourth stall. She stated that the Planning Commission voted 6-1 to recommend denial. Councilmember McClung asked if any correspondence had been received from residents regarding this issue. Planner I Beekman stated that three separate letters had been received and one of those letters did include nine signatures from neighbors an opposing the plan. ARDEN HILLS CITY COUNCIL - July 14, 2008 13 Planner I Beekman stated that the site plan did not meet the variance criteria. MOTION: Ma.yor Harpstead moved and Councilmember Holmes seconded a motion to Deny Planning Case 08-020 for a Variance to Construct an Attached Garage at 1518 Briarknoll Drive that would Encroach Five Feet into the Required Side Yard Setback Based on the Findings of Fact and the Submitted Plans in the July 14, 2008, Report to the City Council. The motion carried unanimously (4-0). D. Motion to Approve Plannin2 Case 08-005 for a Preliminary and Final Plat for the Traverse Business Center based on the Findio2s of Fact and the Submitted . Plans. .as . Amended .. by... the Ten Conditions in the Julv 14~ 2008~ Report to the City Council City Planner Lehnhoff stated the City Council approved the Final Planned Unit Development permit for CMK Arden Holdings for the Traverse Business Center and condition number five required the applicant to replat the property prior to the issuance of any building permits. The applicant has submitted a request for a preliminary and final plat to replat the four, not five, parcels into a single contiguous property. He also reviewed the park dedication requirements and the two parts of the park dedication proposal. He stated that the City was not anticipating any changes beyond a minor change to item 2B of the Preliminary Development Agreement. The second sentence should read The PUD as amended and approved by the City Council remains in effect. Councilmember McClung stated that there was concern that the recreational amenities would not be open to the public and would like clarification as to why these amenities would not be open to the public. City Planner Lehnhoff stated that some of the potential tenants expressed concerns having it open to the public. Mr. Dennis Mulvey, of CMK, stated that the original intent was too have the amenities open to the public but there have been concerns of security and liability expressed by some of the tenants. It was determined that a sidewalk that tied the trail system together would be a better alternative. Councilmember Grant stated that large corporations have a valid concern having the recreational amenities open to the public and depending on the tenant security could be a large concern. ARDEN HILLS CITY COUNCIL - July 14~ 2008 14 Mayor Harpstead stated that the 3% escalation in the Park Dedication Proposal was not stated in the PUD, in regards to the off-site sidewalk. City Planner Lehnhoff eXplained the escalation clause in the preliminary development agreement. Part I for the on-site amenities would increase at a rate of 30/0 per year. The cost of the off-site sidewalk would adjust to whatever the actual cost is for constructing the sidewalk. For example, if the cost increases to $130,000, CMK would still be responsible for constructing the full sidewalk. Mr. Mulvey concurred with Mr. Lehnhoffs explanation. Councilmember McClung stated that his past experience says that even if the tenants were ultra high security the park could still be open to the public. He stated that this would be an opportunity for the City to give back to the residents. He stated that he is not convinced that the amenity needs to be closed to the public. Mr. Mulvey stated that two larger potential tenants have stated that they did not want public trails on the property and that this would be a definite deal breaker for them. If the park and trails were open to the public then they would not be interested in the property. Councilmember Holmes asked for clarification on the location of the sidewalk being proposed. City Planner Lehnhoff clarified the location of the sidewalk and how it would be connecting to the trail system. Councilmember Holmes stated that item 7D of the Preliminary Development Agreement could be stated more clearly. City Planner Lehnhoff stated that there were no anticipated problems with contamination but the applicants were concerned if there was contamination, what would the options would be? The Preliminary Development Agreement intentionally left this open for additional negotiation with the City Council. Councilmember Grant stated that the City did not want to put CMK in a position to loose tenants because the Council would like to have the amenities open to the public. City Planner Lehnhoff stated that any negotiations that resulted from contamination would come back to the Council. ARDEN HILLS CITY COUNCIL - July 14, 2008 15 Mr. Mulvey stated that CMK did not want any contamination that was found to become CMK' s contamination. Councilmember Holmes asked for clarification on the PUD process. City Planner Lehnhoff stated that any additional negotiations would come back to the Council for review. Councilmember Grant asked if the City believed there is no contamination. , City Planner Lehnhoff stated that the City was more than 99% consistent that there was no contamination on the site. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to Approve Planning Case 08-005 for a Preliminary and Final Plat for the Traverse Business Center based on the Findings of Fact and the Submitted Plans as Amended by the Ten Conditions in the July 14, 2008, Report to the City Council and to Authorize Staff to Complete Negotiations and Execute the Preliminary Development Agreement Based Ot1 the Draft Agreement Provided in the July 14, 2008, Report to the City Council. Councilmember McClung expressed continuing concern with the park dedication proposal. He asked why the City was giving CMK credit for park dedication if the park vvould not be open to the public. Mayor Harpstead referenced State Statutes 462.358 Subd 2.b. and 2.c. City Planner Lehnhoff restated the park dedication State Statute and that the fee was to offset the impact on the City of the development itself and that the on-site improvements would help to accomplish this. Councilmember McClung stated that the City should review this and determine if it would offset. He also stated that the City did not know how many people or businesses vvilI be at the business center. Mayor Harpstead stated that item 3 of the park dedication state statute was the opportunity for the need on the property and that it was being met on the property. Councilmember McClung restated his concerns that the park would not be open to the public and would not benefit the residents of Arden Hills. ARDEN HILLS CITY COUNCIL - July 14, 2008 16 The motion carried (3-1 - Councilmember McClung) MOTION: Councilmember Grant moved and Mayor Harpstead seconded a Motion to Authorize Staff to Complete Negotiations and Execute the Preliminary Development Agreement Based on the Draft Agreement Provided in the July 14~ 2008, Report to the City Council as amended. The motion carried unanimously (4-0). E. Motion to Approve Ordinance 2008-009 to Add Chapter 15~ Erosion and Sediment Control Ordinance and its Subdivisions to the City Code as Presented in the July 14~ 2008~ Report to the City Council Motion to Approve Publishin2 a Summary of Ordinance 2008-009 for the Erosion and Sediment Control Ordinance as Permitted bv Minnesota State Statute 412.191 Subd. 4 (4/5 Vote Required) Motion to Authorize Staff to Contract with Ramsev Conservation District for Erosion and Sediment Control Services Civil Engineer Kristine Giga reviewed the importance and purpose of erosion and sediment control. She also reviewed the current ESe ordinance and the changes that needed to be made to update the ordinance. She explained the revisions that were being proposed and the proposal from Ramsey Conservation District to provide ESe services to the City. Councilmember Grant clarified that this ordinance would be in effect for areas 10,000 square feet or bigger or within the shoreland . Civil Engineer Giga stated that this was correct. Councilmember Grant asked if the inspections would include making sure that silt fence was removed. Civil Engineer Giga stated that silt fence would remain in place until permanent vegetation was in place, at which point it would be removed as a part of the final inspection. Councilmember Grant asked if the Minnesota Pollution Control Agency contracted for areas greater than one acre. ARDEN H1LLS CITY COUNCIL - July 14, 2008 17 Civil Engineer Giga stated that the Ramsey Conservation District assisted the Minnesota Pollution Control Agency with sites greater than one acre. Mayor Harpstead asked how the ordinance compared with neighboring cities. He also asked how many permits were expected to be given out on an annual basis and if the fees for the permits covered the costs of the inspections. Civil Engineer Giga stated that the ordinance was very similar to other cities. She also stated that the City was expecting about twelve permits a year to be issued and the fees for the permit covers the cost of the inspections. This would be reviewed continuously, and if the fees do not cover the costs of the inspections, then the fees will be adjusted. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to Approve Ordinance 2008-009 to Add Chapter 15, Erosion and Sediment Control Ordinance and its Subdivisions to the City Code as Presented in the July 14, 2008, Report to the City Council. The motion carried unanimously (4-0). MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to Approve Publishing a Summary of Ordinance 2008-009 for the Erosion and Sediment Control Ordinance as Permitted by Minnesota State Statute 412.191 Subd. 4 (4/5 Vote Required). The motion carried unanimously (4-0). MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to Authorize Staff to Contract with Ramsey Conservation District for Erosion and Sediment Control Services. The motion carried unanimously (4-0). 8. UNFINISHED BUSINESS A. Motion to Approve the Replacement of a Ladder Truck for the Lake Johanna Fire Department at a Cost to Arden Hills of $169..953.. to be Paid Over a Three Year Period in 2009.. 2010.. and 2011 City Administrator Moorse stated that at the June I 6, 2008, Council work session, Lake Johanna Fire Chief Tim Boehlke presented information regarding the proposed purchase of a demonstrator ladder truck to replace an existing 50 foot telesquirt ladder truck scheduled for replacement in 2010. ARDEN HILLS CITY COUNCIL - July 14, 2008 18 Councilmember Grant stated that the first payment would be scheduled for 2009. He asked Finance Director Iverson if the City has budgeted for this item. Finance Director Iverson stated that the City could budget for this item starting in 2009. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a Motion to Approve the Replacement of a Ladder Truck for the Lake Johanna Fire Department at a Cost to Arden Hills of $169,953, to be paid over a Three Year Period in 2009, 2010, and 20 II. CouncilmemberMcClung stated that he would not support this motion because of the high mileage on the truck and the truck that was being proposed to be replaced was not up for replacement until 2014. Councilmember Holmes asked for clarification on which truck was being replaced. Fire Chief Tim Boehlke stated that Ladder truck 3 was being replaced. Councilmember McClung stated that this truck should be setup for replacement in 2014 and that it was still a functional truck. Fire Chief Boehlke stated that the replacement schedule changes as new information is obtained or there are problems with the existing vehicles that requires them to be replaced. Councilmember Holmes stated that tIle Chief Boehlke was before the Council previously he had stated that this particular fire truck was not what they were looking for. Mayor Harp'stead stated that Fire Chief Boehlke had stated that this particular fire truck would be used as a first responder vehicle until there was a need to replace another vehicle and at that time the newer vehicle would become the first responder vehicle. Fire Chief Boehlke stated that Ladder Truck 3' s replacement date had been changed and that the truck operationally is fine but with how the department responds to calls and the equipment that is carried it is not a user friendly vehicle. He stated that the idea was to get a truck that suits the department's needs. ARDEN HILLS CITY COUNCIL - July 14, 2008 19 Deputy Fire Chief Ralph Adair stated that the department would like to get another truck with an aerial device. Councilmember Holmes asked if this truck would be a first responder vehicle. Mayor Harpstead stated that this would be the first responder vehicle until there is a replacement in the future. Deputy Fire Chief Adair stated that the newer vehicles will be the first responder vehicles and the department does use the vehicles to the best of their ability. Councilmember Grant asked if it was reasonable to say that the amount of wear and teaf on the vehicle was proportionate to the vehicle carrying water or not. Fire Chief Boehlke stated that this would be a fair assessment. He also stated that the emergency response miles will wear and tear on the vehicle. Councilmember Grant asked how many gallons of water the demonstrator ladder truck carried versus the telesquirt ladder truck. Fire Chief Boehlke stated that the demonstrator ladder truck carries about 720 gallons versus 500 gallons for the telesquirt ladder truck. The motion was called to vote. The motion carried (3-1 - Councilmember McClung). 9. COUNCIL COMMENTS AND REQUESTS Councilmember Grant asked for an update on the 1&1. Public Works Director Gregory Hoag provided the Council with updated numbers of the number of manhole inspections that had been completed. He stated that the goal for 2008 had been to do 160 and they have completed approximately 150 beyond this number, so that overall a total of 750 of the City's 1025 manholes have been inspected in recent years. He also stated that the remaining manholes should be completed later this year or earlier in 2009. Councilmember Grant stated that the number completed was the same as previously reported. Public Works Director Hoag stated that the number was up 150 from the number previously reported and that Staff was also working on updating the spreadsheet ARDEN HILLS CITY COUNCIL - July 14, 2008 20 from Bonestroo with the data that had been collected. He added that this information is being analyzed for a manhole rehabilitation project that will come back to the Council, and all of Meter Shed 59 was completed. Councilmember Grant asked City Administrator Moorse if there was any additional help the City could provide to the Public Works Department for entering data. Public Works Director Hoag eXplained that vacations and other staffing issues were the cause for the slow down in work progress. Councilmember Grant stated that the cost for smoke testing was $8000 and he asked if Staff was planning any smoke testing projects this year. Public Works Director Hoag stated that Bonestroo has been directed to prepare an RFP for this but tllere was no project prepared at this time to bring to the Council. Councilmember Grant asked if the last rain that the City had was big enough to collect any data from. Public \\' orks Director Hoag stated that the rain should have been enough to produce data but that information had not been provided to the City yet. Mayor Harpstead asked if Staff was continuing to move the meters. Public Works Director Hoag stated that the meters had been moved two weeks ago. Councilmember Grant asked if Staff had been checking the Church roof drains. Public Works Director Hoag stated that this will happen with the smoke testing or with the sump pump inspection and that the plan was to include other larger commercial buildings. Councilmember Grant asked for comments regarding the 911 system because the Ramsey County Sheriff had stated that there were issues. Public Works Director Hoag stated that he was not aware of any new issues just the handful of issues that seem to keep coming forward. Councilmember Grant stated that Cub Foods had an additional sIgn for their clinic. He asked if there had been a permit for this sign. ARDEN HILLS CITY COUNCIL - July 14, 2008 21 City Planner Lehnhoff stated that Cub Foods had requested a PUD amendment in late 2007. ADJOURN MOTION: Councilmember McClung moved and Councilmember Holmes seconded a motion to adjourn the meeting. The motion carried unanimously (4-0). CITY OF ARDEN HILLS REQUEST TO APPEAR BEFORE: CITY COUNCIL/PLANNING COMMISSION EN HILLS If you wish to address the City Council or Planning Commission, please follow the suggestions listed below. Thank you. (PLEASE PRINT) Date "2 1.1 V? Phone [Name -Mail� E� � n l- Address���� Agenda item you wish to address I / &6r t-f`� Lin ter �Yc ,� , Company of Individual Representing (if applicable) NOTE: Please complete this form so that you may be recognized at the appropriate time on the Agenda. You are under not obligation to speak if you decide against it during the meeting. Please state your full name, address, and phone number so the record of your comments will be complete in the minutes of this meeting. Thank you. CITY OF ARDEN HILLS REQUEST TO APPEAR BEFORE: CITY COUNCIL/PLANNING COMMISSION ARZENHELS If you wish to address the City Council or Planning Commission, please follow the suggestions listed below. Thank you. (PLEASE PRINT) Date I � Phone Nam E-Mail Address Agenda item you wish to address Company of Individual Representing (if applicable) NOTE: Please complete this form so that you may be recognized at the appropriate time on the Agenda. 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