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HomeMy WebLinkAbout02-09-09-R ~ ~HILLS i\pproved:i\pril13,2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING February 9, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:03 p.m. Present: Mayor Stan Harpstead; Council Members David Grant, Brenda Holden, and Dave McClung. Absent: Councilmember Fran Holmes (excused). Also present: City Administrator Ronald Moorse; Finance Director Susan Iverson; Community Development Director James Lehnhoff; Public Works Director Gregory Hoag; Parks and Recreation Manager Michelle Olson; Civil Engineer Kristine Giga; City Planner Meagan Beekman; City Attorney Jerry Filla; Todd Hubmer of WSB & Associates, Inc.; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE I. APPROVAL OF AGENDA MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the agenda as presented. The motion carried unanimously (4-0). Mayor Harpstead stated that Councilmember Holmes was excused for the meeting. 2. PUBLIC INQUIRIES/INFORMATIONAL ARDEN HILLS CITY COUNCIL - February 9, 2009 2 Tony Dushane, from Boy Scout Troop 419 in Arden Hills, stated that the troop was currently working on their Citizenship and Community badge and would be observing the Council meeting. A. TCAAP Update City Administrator Ronald Moorse stated the City is continuing to work with Mn/DOT regarding the design and funding of the CR H/I-35W interchange project. There was a meeting on Friday, February 6, with Arden Hills, Shoreview, and Mn/DOT at which several options were identified to address concerns that had been raised. This will assist with moving forward with the CRH interchange design and with the pursuit of Mn/DOT funding for the interchange. The City is also continuing to work with its congressional delegation to obtain funding for clean-up, demolition, and infrastructure for the TCAAP site through the Federal stimulus package. B. Review the 2008 Community Development year in Review Plan Community Development Director James Lehnhoff recognized the members of the Community Development Department. He highlighted the accomplishments of the department in 2008 and the projects that the department had worked on during the year. These accomplishments and projects included: 33 planning cases with 41 land use requests, 10 ordinance amendments or additions, completion and submittal of the 2030 Comprehensive Plan update, adoption of the B2 District Guiding Plan, 1,224 permits processed, 401,441 unique hits on the City's website, and the development of strategic goals and projects for 2009 for the Community Development Department, Planning Commission and City Council. City Planner Meagan Beekman reviewed the planning cases that the department had worked on in 2008 and provided the Council with before and after visuals from several of the projects. She also reviewed the ordinances that the department had worked on including tree preservation and the B2 District design standards. Community Development Director Lehnhoff stated that a total of 473 building permits along with 751 plumbing, water, sewer, mechanical, electrical, fire, zoning, and sign permits were issued in 2008. He also stated that there were a total of 491 code enforcement cases and most of these cases had been resolved in 2008. Councilmember Holden asked what the estimated percentage was for resolved cases. ARDEN HILLS CITY COUNCIL - February 9, 2009 3 Community Development Director Lehnhoff stated that he did not have the exact percentage but it would be over 75% of the code enforcement cases had been resolved in 2008. He also reviewed the goals for 2009 for the Community Development Department, the Planning Commission, the Economic Development Commission, and the implementation projects. Councilmember Holden asked how many of the permits were closed in 2008. Community Development Director Lehnhoff stated that he did not have the figures but would get them to the Council in the Administrative Update. He also stated that any permit that was older than four years had been closed out and more than half of what was left open is less than two years old. Public Mayor Harpstead opened the public inquiries/informational at 7: 14 p.m. Mayor Harpstead closed the public inquiries/information at 7: 15 p.m. 3. APPROVAL OF MINUTES None. 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Acknowledge the application of Catholic Aid Association for an Exempt Permit to conduct a raffle from September 18, 2009 through October 30,2009 with no waiting period C. Motion to authorize Staff to contract with Bolton & Menk, Inc. for final design of CP Rail Bridge improvements for a pedestrian crossing in an amount not to exceed $37,000 D. Motion to Approve Temporary Working Foreman Pay MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 5. PULLED CONSENT ITEMS None. ARDEN HILLS CITY COUNCIL - February 9,2009 4 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Motion to Receive Valentine Park Draina2e Analysis Report Civil Engineer Giga stated in September 2008, Council had authorized Staff to coordinate with WSB & Associates to complete a drainage study for Valentine Park, including the surrounding neighborhood. She stated that Mr. Hubmer would present the report. Mr. Todd Hubmer, WSB & Associates, Inc., presented the Council with a PowerPoint presentation outlining the Valentine Park Drainage Analysis. He explained the areas that were included in the report, the existing park drainage issues, and the park functionality. He also reviewed the input from the December 11, 2008 neighborhood meeting and the January 13, 2009 PTRC meeting. He recommended that the City have additional neighborhood meetings as the process moves forward. He reviewed the options available to the City in order to meet the requirements of Rice Creek Watershed. Option 1 is to maintain the park and facilities with improved drainage and storm water treatment. Councilmember Holden asked why the parking lot was so large. Mr. Hubmer stated that the parking lot was estimated at 25 stalls and this was used for preliminary cost estimates. Option 2 is to create a passive park with gathering areas and a new wetland and storm water treatment feature. He stated that this option was not received favorably at the public meeting. Option 3 or an alternative, if the requirements for Rice Creek Watershed cannot be met, is neighborhood rain gardens in order to meet the storm water treatment requirements. WSB is recommending Option 1 with additional input from residents and the PTRC. Councilmember Holden asked if the cost estimates for Option 1 and Option 2 were comparable. Mr. Hubmer stated that the costs were comparable. Option 1 was estimated at $200,000 to $260,000 versus the costs for Option 2 costs of $170,000 - $200,000. Councilmember Grant asked how high WSB was recommending raising the elevation in Valentine Park under Option 1. ARDEN HILLS CITY COUNCIL - February 9, 2009 5 Mr. Hubmer stated that it was recommended to raIse the elevation 2-4 feet throughout the park to provide adequate drainage. Mayor Harpstead stated that the Crystal Avenue drainage, which runs through storm sewers, currently has no pretreatment. He asked if this would be an obligation of the City. Mr. Hubmer stated that under Option 1 it was proposed to bring this area into the system. Mayor Harpstead asked if there had been any public comment regarding the picnic shelter and its location. Councilmember Holden stated that at the neighborhood meeting it had been discussed and there were no objections to have a picnic shelter but there were objections to having an ice rink in the park. Mr. Hubmer stated that that the residents had stated that the location would not be a problem because then they would be able to monitor it. Mayor Harpstead asked how deep the proposed pond would be. Mr. Hubmer stated that the pond was proposed to be an average of four feet deep and there were safety benches a foot deep and vegetation for the first 10 feet to discourage the geese from coming into the park. Mayor Harpstead asked how much the depth of the pond would fluctuate from a water standpoint. Mr. Hubmer stated that it would be two to three feet. Mayor Harpstead asked if there were any recommendations from Staff at this time. Civil Engineer Giga stated that Staff was recommending that Council accept the report at this time because the project is not moving into formal design at this time. Mayor Harpstead asked if this project was included in the 2009 Capital Improvement Plan. ARDEN HILLS CITY COUNCIL - February 9, 2009 6 Civil Engineer Giga stated that there was some funding for the project in the 2010 Capital Improvement Plan. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to Receive the Valentine Park Drainage Analysis Report. The motion carried unanimously (4-0). B. A Motion to Approve Ordinance 2009-004 to Amend the Nuisance and Abatement Ordinance as presented in the. February 9tt 2009tt report to the City Council. A Motion to Approve Publishin2 a Summary of Ordinance 2009- 004. Community Development Director Lehnhoff stated that in response to Councilmember Holden's earlier question regarding the number of open permits, page 7 of the year in review report shows 741 open permits and 583 of those are under two years old. Community Development Director Lehnhoff stated that this was an update to Chapter 6 of the City's Nuisance Ordinance. Specifically it would repeal the existing Section 600 and replace it with Section 602. Essentially what this section does is define what a public nuisance is, provides a list of types of nuisances that qualify as public nuisances, the procedures for resolving nuisances, and allows the City to abate nuisances and charge back to the property owner. He reviewed the changes and updates in the section pointing out the addition of the accelerated abatement procedure. Councilmember Grant stated that Section 602.01, Item 1 states: "maintains or permits a condition which unreasonable annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public." He asked for clarification on what was defined as morals. City Attorney Jerry Filla explained that there is a corresponding section on public nuisances that addresses those kinds of activities which was eliminated because it was mainly covered by State statutes. The word morals should have been taken out of this sentence. Councilmember Grant asked for clarification regarding the phrase "on public property" in Section 602.02, Item 6. He asked if a resident stated that there were noxious weeds on public property if the City would be responsible for taking care of it. ARDEN HILLS CITY COUNCIL - February 9, 2009 7 City Attorney Filla stated that the adjacent property owners were responsible for the boulevard portion of the public right-of-way. Councilmember Grant asked if public property would include areas such as County or State owned property. City Attorney Filla stated that a letter should take care of the problem if it were the County or State's property. Councilmember Grant stated that it was the expectation of this section that a letter to the appropriate agency would fix the problem. City Attorney Filla stated that the City had no authority over the State but did have the same authority over the County as it does with other property owners. Councilmember Holden asked for clarification regarding the mowing that was done on some of the trails since the trails were only cleared for about three feet on either side. City Attorney Filla stated that the ordinance would apply to the City as well as private property owners. Councilmember Holden asked how this ordinance would address the mounds of dirt that accumulated during a construction project if that project were abandoned or the mounds of dirt are left after the project is complete. Community Development Director Lehnhoff stated that a mound of dirt would be a separate issue and handled by the Erosion and Sediment Code or if a person started a project without the proper permits it would be a violation of the City's ordinance but not necessarily a public nuisance. City Attorney Filla stated that the listing of nuisances in this ordinance was not meant to be all inclusive and the City could add or remove what they felt was needed. The listing that is contained in the document was taken from a model and is not intended to be all inclusive. Councilmember Grant asked if the word "peace" in the first sentence of Section 602.04 references the previous section. ARDEN HILLS CITY COUNCIL - February 9, 2009 8 City Attorney Filla stated that the intention was to capture the listing of nuisances in Sections 602.02 and 602.03. He also clarified that if a person did not want someone on their property then an administrative search warrant would be needed. Community Development Director Lehnhoff stated that health was addressed in Section 602.02 and peace and safety were addressed in Section 602.03. City Attorney Filla asked if it would be clearer to indicate a reference to Sections 602.02 and 602.03 in Section 602.04. It was the consensus of the Council to add as defined in Sections 602.02 and 602.03 in Section 602.04. Councilmember McClung clarified that this is an added tool for the City in enforcing codes. He also clarified that Staff was looking into administrative fines and rental licensing. Councilmember Holden asked how this ordinance would address people making chainsaw sculptures in the yards. City Attorney Filla stated that in order for the noise to be addressed by the noise ordinance a decibel reading would be required. Councilmember Grant asked if there was a business being conducted or if this was for personal enjoyment. Councilmember Holden stated that this was not a business. Community Development Director Lehnhoff stated that the nuisance ordinance would cover noise but this particular situation would probably not be abated. Councilmember McClung stated that this would be an example of something that could be covered by an administrative fine. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a Motion to Approve Ordinance 2009-004 to Amend the Nuisance and Abatement Ordinance as amended in the February 9, 2009, report to the City Council and to Approve Publishing a Summary of Ordinance 20009-004. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL - February 9, 2009 9 C. Motion to Approve Ordinance 2009-005: An Ordinance Amendin2 Chapter 10tt Section 1010.10 of the Arden Hills City Code to Provide for the Inspection of IIIe2al Connections to the Sanitary Sewer System and Related Reauirements and Provisions. City Administrator Moorse stated that this ordinance amendment was to provide for the inspection of illegal connections to the sanitary sewer system and to provide reimbursement for property owners for expenses related to becoming compliant with the connection requirements and to provide a surcharge for non-compliance with connection requirements. This is in reference to surface water or rain water being dumped into the City's sanitary sewer system. He stated that there had been questions regarding subdivision 12 at the December 15, 2008 work session. He stated that this section recommends that for those homes that have a sump pit but do not have a sump pump it is considered an illegal connection and would have to be brought into compliance. Councilmember Grant asked for clarification regarding the last sentence on the second page of the memo which reads: The ordinance proposed for Council adoption includes the prohibition on sump pits, because a sump pump and illegal connection could easily be added to a sump pit at any time. Mayor Harpstead stated that in the summary it does not prohibit the sump pit it just requires that if there is a sump pit there be a properly connected sump pump. Councilmember Grant asked what the price was for an average sump pump. City Administrator Moorse stated that he did not have those figures with him. Councilmember Grant stated that the memo states the City will cover 50% of the costs for correcting an illegal connection with a maximum of $300.00 and this would include the cost of a sump pump for those homes that do not have them currently. Making a sump pump required could have significant impact on the City's budget. Councilmember Grant stated that this ordinance was modeled after New Brighton's ordinance. He asked what New Brighton had spent on the sump pump program and what did the City have budgeted for this program. He asked what the City of Arden Hills had budgeted for the sump pump program. City Administrator Moorse stated that New Brighton did not have the language referencing the sump pumps. He stated that he did not have the figures for what ARDEN HILLS CITY COUNCIL - February 9, 2009 10 New Brighton had spent or what they had budgeted but would get that information for the Council. Mayor Harpstead asked if this would be considered one of the categories that the City could gain reimbursement for through their 1&1 efforts. Public Works Director Gregory Hoag stated that he was not clear on the sump pumps being reimbursable and only a portion of the sump pump program was reimbursable but could check into this for Council. City Administrator Moorse stated that the City had budgeted about $50,000 for the sump pump program for 2009. Mayor Harpstead asked how quickly the inspections would be done. Public Works Director Hoag stated that for 2009, Staff was expecting to cover approximately a quarter of the City with the expected number of inspections to increase next year. Councilmember Holden stated that the recommendations were to start the sump pump program this year. She asked if the Council had received the work plan for the inspection program and what the documentation would be and how it would be handled. Public Works Director Hoag stated that the sump pump program implementation was in draft form at this time and was being worked on by Staff and Chuck Janski from Bonestroo. Councilmember Grant stated that the cost for an inexpensive sump pump was $88.00-$105.00 and the better quality sump pumps were $159.00-$179.00 and sump pumps did not come with a long warranty. He stated concerns with including the cost of sump pumps as partially reimbursed by the City. He asked for a better idea of what New Brighton had spent on their sump pump program. City Administrator Moorse stated that the actual language in this section should be reviewed and made more specific to not include the purchase of sump pumps. Councilmember Grant clarified that this would mean that the resident would be responsible for the purchase of the sump pump if they did not have one and the City would cover 50% of the connecting costs up to $300.00. ARDEN HILLS CITY COUNCIL - February 9, 2009 11 City Administrator Moorse stated that a homeowner only had a sump pit and then went and purchased a sump pump and connected it the City should not be involved in covering these costs because the City will not see a return on this investment. Mayor Harpstead stated that the City was working towards correcting those residents that are illegally connected to the sanitary sewer system. Councilmember Grant clarified that if a resident did not have a sump pump then went and purchased one they would need to cover 100% of the connection costs and the City would cover none of these. Public Works Director Hoag suggested that the City look at possibly doing additional inspections in the future for those people who do not have sump pumps. Mayor Harpstead stated that if the City does inspections they need to do them equally and not pick and choose who they inspect. He also stated that once a legal connection has been made there would be no need for a resident to disconnect it and pump water into the sanitary sewer system. The City needs to focus on those people that are inappropriately connected now and there is no value in subdivision 12. Councilmember Holden asked for clarification on treating everyone the same because if a person has a pit or a pump and other people do not then they are not being inspected. Mayor Harpstead clarified that when doing inspections the City does not use selective prejudice in the inspection process. An inspection stand point would be different from an enforcement standpoint. Councilmember Holden stated that if a risk was presented the City could do additional inspections. Mayor Harpstead stated that once a person is in compliance they should not be inspected any more frequently than anyone else. Councilmember Holden clarified that if the pit was inspected and found to be a little damp they would be considered in compliance and the City would not inspect them again to verify that their situation has not changed. ARDEN HILLS CITY COUNCIL - February 9, 2009 12 Mayor Harpstead stated that the intent of this ordinance was to not dump water into the sanitary sewer system and if an illegal connection is found it should be corrected. If a resident is not illegally connected then follow up by the City should not be any different than follow up for other residents. Councilmember Holden stated that she would like to know what other cities have done Mayor Harpstead stated that the City should have regular inspections for all residents. The City should enforce correction for those residents who are illegally connected to the sanitary sewer system and if there is no illegal connection found they should not be subject to additional inspections that other residents are not. Councilmember Grant asked City Administrator Moorse to clarify if the resident who has a dry pit would be responsible for the pump, the piping, and the connection whereas the City would pick up 50% of the costs for those residents that are illegally connected. City Administrator Moorse stated that this was incorrect. Councilmember Grant stated that all residents needed to be treated the same and the language in section 12 needed to be cleaned up. Mayor Harpstead stated that the example that Arden Hills has is New Brighton, which did not enforce the absence of a pump. He asked if Staff had found other examples from other cities that required the pump and piping be put in place. Public Works Director Hoag stated that Staff had not found an example of requiring a pump and piping but he would check with other cities and find out what they have done. Councilmember Grant asked if it was code that every house had a pit in it. Public Works Director Hoag stated that he would check into this and get back to the Council. Mayor Harpstead stated the intent of this discussion was to in some way find illegal connections and correct them with the understanding that this inspection will not identify illegal connections that are external. ARDEN HILLS CITY COUNCIL - February 9, 2009 13 MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to Table Ordinance 2009-005; An Ordinance Amending Chapter 10, Section 1010.10 of the Arden Hills City Code to Provide for the Inspection of Illegal Connections to the Sanitary Sewer System and Related Requirements and Provisions. The motion carried unanimously (4-0). 8. UNFINISHED BUSINESS None. 9. COUNCIL COMMENTS AND REQUESTS Councilmember Holden thanked Community Development Director Lehnhoff and his Staff for all their hard work. Community Development Director Lehnhoff stated that he would let his Staff know because everything was a team effort. Councilmember Holden stated that there have been a lot of cars left overnight in the City parks, particularly Freeway Park and Floral Park She asked if Staff would ask the Sheriff s Department to check into these and ticket these cars. Councilmember Holden asked what added value the City was getting from Bonestroo. She asked if they were the project lead. Mayor Harpstead clarified that Councilmember Holden was referencing the 1&1 section. Councilmember Holden stated that the City should be able to do a project management in house. City Administrator Moorse stated that the added value the City was getting was the expertise of Chuck Janski, who has worked with several other cities on resolving 1&1 issues. He stated that Chuck Janski should not be the project manager. Councilmember Holden stated that the City should have his expertise on a lot of the City's 1&1 issues at this time. Councilmember Grant asked for an update on the permit software. ARDEN HILLS CITY COUNCIL - February 9, 2009 14 Community Development Director Lehnhoff stated that Staff was on target for making a recommendation by the February 27 deadline. They were in the process of evaluating alternatives to present to the Council even if the Blackbear software is received. Councilmember McClung stated that Ramsey County Friends of the Parks and Trails were having their annual tree sale. This would be an opportunity to purchase nice trees at a good price. He suggested that trees could also be donated to the Arden Hills parks in someone's name. He stated that this information could be accessed on the City's website or at \rvww.friendsoft11eparl(s.org. Councilmember Holden asked Parks and Recreation Manager Michelle Olson to put together a "wish list" of trees for the City's parks so people can reference it if they wish to donate trees to the City. Parks and Recreation Manager Michelle Olson stated that she would work on getting this put together. ADJOURN MOTION: COullcilmember Grant moved and Mayor Harpstead seconded a motion to adjourn. The motion carried unanimously (4-0). Mayor Harpstead adjourned Jar City Council Meeting at 8: p.m.