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HomeMy WebLinkAbout05-29-07-R Approved: 6/25/2007 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 29, 2007; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE 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 Harp stead, Councilmembers David Grant, Brenda Holden, David McClung, and Fran Holmes. Absent: None. Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Public Works Director, Gregory Hoag; Finance Director, Susan Iverson; Community Development Director, Karen Barton; Civil Engineer, Kris Giga; Assistant City Administrator, Schawn Johnson; Parks and Recreation Manager, Michelle Olson; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Councilmember Holmes requested item 4D be pulled from the Consent Calendar to table or discuss this item. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Recognition of Sandy Byl's Retirement from the City of Arden Hills Ms. Wolfe and Ms. Iverson presented Sandy Byl with a Certificate of Accomplishment and gift certificate and wished her the best in her retirement. ARDEN HILLS CITY COUNCIL - MAY 29, 2007 2 Jennie Michels, 3436 Siems Court, indicated she was speaking on behalf of the Lake Johanna Improvement Society. She stated on March 15 she had written a letter to the City asking for City funds to help with the Goose Removal Program and had received a response from the City that wild animal control was the residents' responsibility, unless the wild animal posed a public safety threat. She noted she had started this program in 1996 due to health concerns. She stated since the program's inception they have successfully removed 612 geese from the area and the water quality and surrounding areas have dramatically improved. She stated the City of Arden Hills had generously supported the program every year since 1996 and they were asking the City to reconsider their position. Duane Sheaser, 1926 Todd Drive, stated he was concerned about the impact the Highway 10/96 roads improvement would have on their park. Chris Lustig, 1901 Todd Drive, stated she also had the same concerns as the previous speaker. She asked why the decision was made that the road needed to go west of Highway 10 instead of it going east of Highway 10 where there was no development. She asked Council to consider the park residents concerns. She noted most of the people in the park could not afford other housing. She indicated letting Scherer Bros. stay while destroying their homes and The Big 10 was not an acceptable solution. Cheryl Fish, 2059 Todd Drive, asked if it would be more equitable to move Scherer Bros. rather than impact their homes. Daniel Wilson, 1878 Todd Drive, asked if the road would go through the park. Mayor Harpstead replied it would go along the eastern edge of the park, but would not go through the park. Gerald Haack, 2047 Todd Drive, stated Arden Manor did not just consist of young couples raising families, but also retirees. She stated there was not a lot of affordable housing for retirees and this was affordable housing. She asked the City to take this into consideration before they tossed the residents aside. She noted there was plenty of land on the east side of Highway 10 that could be used for this proj ect. Pat Haik, Briarknoll Circle, stated he disagreed this was an "improvement". He agreed with the previous speakers and he failed to see why this was an improvement when it inconvenienced the current residents of Arden Hills and he believed it should be the Council's priority to deal fairly with the current residents and not the future residents. He asked why the City was so adamant about pursing this change. He did not see the need for this upheaval. He noted the intersection was perfectly functional. and it provided a break in the traffic. He stated the City needed to stand up for their current residents and not remove the light. He noted it would also limit the resident's access to the system. He indicated with this proposal there would be a minimum of three to four stoplights, and he did not see this being an improvement. ARDEN HILLS CITY COUNCIL - MAY 29, 2007 3 Deb Erickson, Prior Avenue North, asked if there would be a retaining wall for noise and dirt. She stated this project would have Highway 10 going in her back yard. She asked Council how they would like to lose their homes. Eva Storm, Prior Avenue, stated this would be a hardship for her and her husband if they were required to move. Patrick McLaferty, 1181 Todd, stated the community was filled with nice people and this type of housing was not available in the City any longer. He indicated the people who lived in this community did not have $200,000 for an "affordable" home. He noted people took good care of their homes in the community and had pride in their homes. He stated this was a nice place to live. He indicated affordability was pertinent. He requested Council not make any decisions tonight until they met with their association. 3. APPROVAL OF MINUTES A. May 8, 2007 City Council Meeting B. April 23, 2007 Work Session Minutes MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the May 8, 2007 City Council Meeting Minutes as presented and the April 23, 2007 Council Work Session Minutes as presented. The motion carried unanimously (5-0). 4. CONSENT CALENDAR a. Claims and Payroll b. Resolution No. 07-56: Approving Lady Slipper Chapter ABW A Charitable Gambling License Renewal Request c. Motion to Approve the Appointment of Pang Silseth to the Accounting Clerk Position d. 1fotion to .L'\.pprove the "City Commission, Committees, and Taslc Forces: recruitment, .LA~ppointment, and Term Limit" Polic)T e. Motion to Approve the 2008 Budget Calendar MOTION: Councilmember Grant moved and Councilmember McClung 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 4d. Motion to Approve the "City Commission, Committees, and Task Forces: Recruitment, Appointment, and Term Limit" Policy ARDEN HILLS CITY COUNCIL - MAY 29, 2007 4 Mr. Johnson stated at the March 12, 2007 City Council meeting, the City Council adopted Ordinance #385 amending the City's Boards, Committees, and Appointed Bodies section of the City Code. The proposed policy has been reviewed by members of the City Council and the comments that staff received have been incorporated into the proposed policy. Councilmember Holmes stated she wanted something that said if someone was not appointed to a committee or commission, they could make their concerns known before Council. She believed they should have an opportunity to address the Council. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to refer this to a work session. Councilmember McClung stated he was okay with referring this to a work session for further discussion. He stated when they appointed people to committees, they had to come before Council so that was an opportunity for those who applied to be heard by the Council, but he agreed they should have a more formalized process. Councilmember Grant called the question. The motion carried unanimously (5-0). 6. PUBLIC HEARINGS A. Continuation of the 2007 PMP Assessment Hearin2: and Motion to Approve Resolution 07-55 - Adoptin2: Special Assessment Roll for the 2007 PMP Improvements Ms. Giga reviewed the comments received at the May 14, 2007 public hearing. She stated that staff had received additional written objections since the assessment hearing was opened. Prior to the meeting, staffhad a total of30 objections from residents, and received some more at the beginning of the meeting. Ms. Giga reviewed staff s response to resident comments and concerns. She stated that staffrecommends deferring the assessment to the property at 1465 Floral Drive until it is sold or further subdivided. She stated that staff recommends no deviation from the assessment policy for the commercial assessments. In response to resident concerns about financing the assessment, staff recommends adjusting the proposed interest rate to 6.5 percent, extending the length of the payment period to ten years, and changing the payment from an equal principle payment to an equal annual installment. She recommended the Council continue and close the public hearing for the 2007 PMP Special Assessments. Mayor Harpstead continued the public hearing at 7:58 p.m. Jeffrey Johnson, Attorney Representing Flaherty's Arden Bowl, stated he had submitted a letter to the City today. He noted the unit cost approach for Flaherty's was being assessed for a ARDEN HILLS CITY COUNCIL - MAY 29, 2007 5 3-unit cost and noted only one parcel could be subdivided from the main unit and therefore they should be assessed for 2 units and not 3 units. He noted other cities charged less in interest and asked Council to look at this. He indicated the contractor had used Flaherty's property for staging their construction without specific permission to do this from the property owner. He stated this was a City improvement project and the City was the principle in getting the project done with the contractor being hired to do the work. Therefore he felt indemnification was not a dispute between the contractor and the property owner. He stated the City was in the middle of this. He recommended Council continue the discussion on the Flaherty's assessment. Mayor Harpstead closed the public hearing at 8:03 p.m. Mr. Fill~ reviewed the assessment appeal process. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to accept the staff recommendation of 6.5 percent and the assessments be of equal annual installments. Councilmember Grant believed the interest rate of prime plus 2 percent was too high. He noted there was little risk the City would not collect on this. The motion carried unanimously (5-0). MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to extend term of current assessment period from five (5) years to seven (7) years. Councilmember Holden asked if the City would recoup their costs over seven years. Ms. Iverson replied the City would recoup its costs. The motion carried unanimously (5-0). MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to allow 1465 Floral Drive assessment be deferred on the second parcel until the time the property is sold or subdivided. The motion carried unanimously (5-0). MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to amend Motion 07-55 to add an "A" suffix to the Resolution and to amend this resolution reflecting the assessment be payable in seven (7) equal annual installments and bear an interest rate of 6.5 percent and that the assessment for the property at 1465 Floral Drive be deferred until the time the property is sold or subdivided. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - MAY 29, 2007 6 MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to approve Resolution 07-55A: Resolution Adopting Special Assessment Roll for the 2007 PMP Improvements specific to residential assessments. The motion carried unanimously (5-0). MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to adopt Resolution 07-55B for commercial properties with same terms as the residential properties. Councilmember Holden stated she wanted to address the two issues of the assessment and property damage separately. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion that they separate the two issues, the unsettled matter to the damages to the parking lot and the assessment. Mr. Filla explained that motion was not necessary. Councilmember Grant withdrew their motion. Councilmember Holden and The motion carried unanimously (5-0). B. National Pollutant Dischar2:e Elimination System (NPDES) Annual Storm Water Meetin2: Mr. Hoag stated as of March 10, 2003, the MPCA required all cities within the seven county metropolitan area to apply for a general storm water management permit as part of the Federal National Pollution Discharge Elimination System Requirements. In order to comply with the new federal regulations, municipalities were required to develop a Storm Water Pollution Prevention Plan (SWPPP) that focuses on ways the municipality will reduce the amount of sediment and pollution entering the surrounding water bodies. Each year the city is required to hold a public meeting on the SWPPP and to submit an annual report to the MPCA documenting the accomplishments of the previous year. Mr. Hoag summarized the work completed in 2006 and the goals for 2007. Mayor Harpstead opened the public hearing at 8:29 p.m. There were no comments made. Mayor Harpstead closed the public hearing at 8:30 p.m. MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to adjust the agenda moving item 7d to be heard before item 7a. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - MAY 29, 2007 7 7. NEW BUSINESS D. Motion to Approve Resolution 07-61: Supportin2: a Concept Plan for the State Hi2:hwav 10 and County Hi2:hwav 96 Improvement Project Ms. Wolfe stated there have been discussions for several years regarding improvements to the intersection of Highways 10 and 96. She reviewed the 2007 discussions to-date regarding this project. She recommended Council approve the resolution supporting a concept plan for the State Highway 10 and County Highway 96 Improvement Proj ect. Councilmember Holden asked why they would want to pass this before the June 19 meeting. Ms. Wolfe responded the timing of supporting the concept plan was driven by some of the items she mentioned previously including pre-design engineering. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to table this until after the June 19, 2007 public meeting. The motion carried unanimously (5-0). Councilmember McClung stated he was concerned about how this process went and that the benefits are for future residents and the current residents had to deal with this now. He stated he would not vote for this if the plan stayed the way it was. Councilmember Holden stated she looked forward to the future and like it or not TCAAP was part of the future of the City and they had to plan for both current and future residents. Councilmember Grant stated in 2000 Council had told the County to start at White Bear Lake and move down Highway 96, which they had done and now was the time for Arden Hills. He stated he wanted to design something that was good for both the current residents as well as the future residents. He did not see Highway 10/96 remaining as it was. He noted neither Highway 10 nor 96 were City roads and the City could fight this, but probably would not win and the final decision rested with the State and Federal governments. Mayor Harpstead stated he worried about the neighborhood in this triangle because it was not easy for the residents to have access. He indicated if they created an appropriate face and did things right on the frontage road, he believed the vitality and nature of that neighborhood would be enhanced and not hurt. He acknowledged it was devastating if residents had to move because of this project, but it might be a necessity. Councilmember Holmes stated the reason she tabled this was because she wanted good solutions and she was extremely concerned about the homes being taken and she hoped they could come up with a solution. She indicated they needed to stand up for the rights of the current residents. She recommended everyone show up at the June 19 meeting and come with their thoughts and solutions. ARDEN HILLS CITY COUNCIL - MAY 29, 2007 8 AI. Motion to Approve the April 18.. 2005.. Quote for Services with SEH.. Inc. includin2: Options 2 and 3 for Transportation Plannin2: Services in an Amount Not-toExceed $23..820 for the 2008 Comprehensive Plan Update A2. Motion to Approve the Bud2:et Increase of $13..000 for the 2008 Comprehensive Plan Update Process Ms. Barton reviewed the 2008 Comprehensive Plan update and recommended Council approve the April 18, 2007 Quote for Services with SEH, Inc. Councilmember McClung asked why were they coming back and adding on something for transportation now. Ms. Barton responded in working with the other consultants they knew they would not be using their services for transportation and staff anticipated they would need some assistance in the transportation area, but they did not have any idea of how technical this issue would be or how much staff would be able to handle in-house. Councilmember Holden stated when they were talking about the $40,000 she believed this would cover the entire Comprehensive Plan. Ms. Barton responded staffwas hoping they would able to bring it in under $40,000 and the previous contract came in just under $30,000, so they did not anticipate the actual cost of hiring someone for the transportation poI1ion. Councilmember McClung stated he was concerned that this was not fully clear and he might have voted differently had he known they would be dealing with this separately. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve the budget increase of $10,000 for the 2008 Comprehensive Plan Update Process. Councilmember Holden stated she could live without options 3 and 4. Councilmember Holmes asked if this should be tabled to obtain additional bids. She stated this was a large increase to the budget and she would like to discuss this further because she was not satisfied with this amount. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to table the motion to increase the budget to a future date. Motion carried 3-2 (Mayor Harpstead and Councilmember Holden opposed). MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to table the Quote for Services with SEH, Inc. including Options 2 and 3 for Transportation Planning Services in an Amount Not-to-Exceed $23,820 for the 2008 Comprehensive Plan Update. The motion carried 3- 2 (Mayor Harpstead and Councilmember Holden opposed). ARDEN HILLS CITY COUNCIL - MAY 29, 2007 9 B. City Council Compensation Discussion Mr. Johnson stated the Council had requested staff to research the annual compensation being offered to elected officials in cities throughout the metro area. He summarized the research staff found. Councilmember Grant stated he believed the last time Council's compensation was increased was in 1993. Councilmember Holden asked if there was a way to establish something like an inflation indicator so this did not always require a vote on this. Ms. Wolfe responded staff would look into this. Councilmember Grant asked staff if they could research taking this out of the City Code. Councilmember McClung stated this was a worthwhile discussion and he would like to discuss this at a work session soon. Councilmember Holmes stated she would also like to discuss this at a future work session. Mayor Harpstead believed it was appropriate for staff to come back to Council with further information. He stated he would like something tied to the neighboring cities, but not necessarily the same as the neighboring cities and to allow it to move with what the neighboring cities did. C. Motion to Approve a Proposal dated May 7.. 2007 and Authorize Staff to Contract with Bonestroo to Complete an Infiltration and Inflow (1/1) Study for the City in an Amount Not-to-Exceed $9..600.00 Ms. Giga stated as part of a joint solicitation with the City of Roseville, City of Arden Hills staff has requested proposals from 5 consulting engineering firms to assist in identifying Infiltration and Inflow (III) sources with the City. She presented a background on why III is a concern for the City and recommended Council approve the proposal. Councilmember Grant asked if there was a difference in quality of the proposals. He asked if they had any history with Bonestroo. Ms. Giga responded they had spoken with the three lower firms about their bids. She noted at Roseville they have worked with Bonestroo in the past and their references had also come back favorably. She stated staff was comfortable with Bonestroo's proposal. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve a proposal dated May 7, 2007 and Authorize Staff to Contract with Bonestroo to complete an Infiltration and Inflow (III) Study for the City in an Amount Not-to-Exceed $9,600.00. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - MAY 29, 2007 10 E. Motion to Approve Amendment #2 to the Preliminary Development A2:reement with RRLD dated March 30.. 2007 F. Motion to Approve Resolution 07-59 Relatin2: to Financin2: of Project and Establishin2: Intent with Respect to Reimbursement MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to table the approval of Amendment #2 to the Preliminary Development Agreement with RRLD dated March 30, 2007 and table the approval of Resolution Relating to Financing of Highway 10/96 Interchange project; Establishing Intent with Respect to Reimbursement. The motion carried unanimously (5-0). G. Motion to Approve Resolution 07-60 in Support of an Application for the Governor's 2008 Bondin2: Bill towards the Hi!!hwav 96 and Hi!!hwav 10.. and County Road H Interchan2:e Projects Ms. Wolfe recommended Council approve the resolution. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve Resolution 07-60 in Support of an Application for the Governor's 2008 Bonding Bill towards the Highway 96 and Highway 10, and County Road H interchange projects. Councilmember McClung stated he was not in support of this at this time. The motion carried 4-1 (Councilmember McClung opposed). 8. UNFINISHED BUSINESS A. TCAAP Ms. Barton updated on the Council on recent TCAAP developments. 9. COUNCIL REQUESTS AND REQUESTS A. Mayor Harpstead noted Ramsey County had a June 21 deadline for their budget and they needed to pay attention to this with respect to the Highway 10/96 interchange. He indicated the County would not move forward without City approval regarding the Highway 10/96 interchange. Councilmember Holden recommended they discuss Council's action prior to the June 21 deadline. B. Councilmember Grant updated the Council on the Finance Committee's recent meeting. ARDEN HILLS CITY COUNCIL - MAY 29, 2007 11 C. Councilmember McClung stated on June 19 he was unable to attend the public meeting due to a work commitment. Councilmember Grant stated there was a strong possibility he would also be out of town during this time. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to adjourn to a closed session pursuant to MS 13D.05 SOOD 3.b. The motion carried unanimously (5-0). Mayor Harpstead adjourned the Regular City Council meeting at 9:50 p.m. to proceed to a closed session purs nt tO~MS 13D.05 SOOD ~:~ ~ Michelle Wolfe City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, June 11, 2007 at 7:00 p.m. at the Arden Hills Council Chambers.