HomeMy WebLinkAbout05-11-09-R EN HILLS
Approved: July 13, 2009
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
MAY 119 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 7:00 p.m.
Present: Mayor Stan Harpstead; Council Members Dave McClung,
David Grant, Brenda Holden, and Fran Holmes.
Absent: None.
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; Gen McJilton, of
Ryan Company; Janna Severance, Corporate Counsel from Presbyterian
Home & Services; Brian Humphries, Associate Vice President of Facility
Operations and Planning for Northwestern College; Bruce Kunkel, Vice
President for Campus Services and Campus Planning for Bethel University;
and Recording Secretary, Tina Borg.
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Mayor Harpstead requested item 4E be pulled from the Consent Calendar and
item 7C be moved to item 7E 1, Letter with RRLD, 7E2, Notice of Rescission Under
the OTP, and 7E3, Discussion of Plans and Future Schedules Regarding TCAAP;
item 7D be moved to 7C; and item 7E moved to 7D.
ARDEN HILLS CITY COUNCIL—May 11, 2009 2
Councilmember Holden requested the addition of item 7F to discuss the Anoka
Airport expansion project.
Councilmember McClung requested items 4B and 4F be pulled from the Consent -
Calendar.
MOTION: Councilmember Holden moved and Mayor Harpstead seconded a
motion to approve the agenda as amended. The motion carried
unanimously (5-0).
2. PUBLIC INQUIRIES/INFORMATIONAL
Mayor Harpstead opened the public inquiries/informational at 7:05 p.m.
Mayor Harpstead closed the public inquiries/information at 7:06 p.m.
3. APPROVAL OF MINUTES
A. March 30, 2009 City Council Worksession Meeting
B. March 30, 2009 Regular City Council Meeting
C. April 13, 2009 City Council Worksession Meeting
Councilmember McClung stated that on page 5, the second to the last paragraph
should state "Steve Bubul questioned".
D. April 13, 2009 Regular City Council Meeting
MOTION: Councilmember McClung moved and Mayor Harpstead seconded a
motion to approve the March 30, 2009 City Council Worksession
Meeting, March 30, 2009 Regular City Council Meeting, and the April
30, 2009 Regular City Council Meeting minutes as presented and the
April 13, 2009 City Council Worksession Meeting as amended. The
motion carried unanimously (5-0).
4. CONSENT CALENDAR
A. Claims and Payroll
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C. Approve Planning Case 09-008 for a Variance at 1156 Amble Drive
D. Motion to Approve the Code Compliance Policy
ARDEN HILLS CITY COUNCIL—May 11, 2009 3
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MOTION: Councilmember Grant moved and Councilmember Holden
seconded a motion to approve the Consent Calendar as amended and to
authorize execution of all necessary documents contained therein. The
motion carried unanimously (5-0).
5. PULLED CONSENT ITEMS
A. Approve Planning Case 09-006 for a Conditional Use Permit
Amendment at 3900 Bethel Road
City Planner Meagan Beekman stated in 2004, Bethel University submitted an
application for a CUP Amendment to install a temporary modular classroom
building to serve as additional classroom space on the campus until the University
Commons building was completed. The University Commons building
construction was completed in March 2009, though Bethel University has submitted
an application to retain the temporary classrooms until October 31, 2012, due to
financial constraints of setting up the new classrooms and moving the facilities. An
adjustment to the original CUP Amendment requires approval through an additional
CUP Amendment. The conditions of the original 2004 CUP Amendment would
remain in effect, except for Condition H which originally required the classrooms to
be removed by May 2011, or when the University Commons building was
completed, whichever came first.
Councilmember Holden clarified that the original request in 2004 was for seven
years.
City Planner Beekman stated that it was seven years or until the University
Commons building was completed. This building was completed in March of 2009.
Councilmember Holden asked why the request is for 2012 and not 2011.
City Planner Beekman stated that this had to do with the annual school calendar
and provided the University an additional summer to complete the work when
school is not in session.
ARDEN HILLS CITY COUNCIL—May 11, 2009 4
Councilmember McClung asked if there was a definition of "temporary" in the
City Code. He stated concerns about temporary buildings becoming permanent.
He stated that in order to support this extension there would need to be additional
language that clarified this would be the final extension.
City Planner Beekman stated that currently in the Code there is no set definition
for temporary. The word temporary is outlined by the agreement on a case by case
basis. Language could be added to the agreement that states that no additional
extensions would be approved but all agreements are subject to being amended and
it would be possible to request an amendment that the language be removed at a
later date. She clarified that the City Council would be under no obligation to
approve the grant of this request.
Councilmember Holden asked why the temporary classrooms were needed if the
Commons building is complete.
City Planner Beekman stated that the intention was that the classroom space
would be moved into the areas of the campus that were currently being used for
functions that would move into the University Commons area but because of the
cost of renovating the spaces the University is hoping to move this cost out in order
to better budget for it.
Mr. Bruce Kunkel, Vice President for Campus Services and Campus Planning for
Bethel University, stated that the space vacated by those functions that moved to the
University Commons area needs to be renovated in order to accommodate those _.
items that are currently in the temporary building. The University is reacting to the
current economy and there is not as much funding available to complete this
proj ect.
Mayor Harpstead clarified that it was the University's intention to reuse the other
spaces as soon as possible.
Mr. Kunkel stated that this was correct.
Councilmember McClung asked if funding were available if the temporary
buildings would be removed earlier than the two year extension deadline.
Mr. Kunkel stated that the University's intention is to remove these buildings as
soon as possible. These buildings are not a part of the University's plan because
they do not fit the aesthetic of the rest of the campus. This area is planned to
become a courtyard.
ARDEN HILLS CITY COUNCIL—May 11, 2009 5
Councilmember Grant clarified that the temporary classrooms are not visible from
anywhere in the City other than the campus grounds. A two year extension would
not be damaging to the City and would be beneficial to the University.
Councilmember Holmes stated that she agreed with Councilmember Grant. The
Colleges and Universities are struggling at this time with the economy and the
temporary buildings are not noticeable. This request is reasonable.
Councilmember Holden stated that the concern is that these temporary buildings
would become permanent and wanted to clarify that this would not be the situation.
She stated that after hearing an explanation for the request she would support this
amendment for an extension.
Councilmember Grant stated that this extension only impacts the University and
as long as the University is clearly stating that these buildings are not going to be
permanent then the Council can grant them the extension they need.
MOTION: Councilmember Grant moved and Mayor Harpstead seconded a
motion to Approve Planning Case 09-006 for a Conditional Use Permit
Amendment for Bethel University at 3900 Bethel Road Based on the
Findings of Fact and the Submitted Plans as Amended by the Two
Conditions as Presented in the May 11, 2009, Report to the City
Council.
Mayor Harpstead stated that he would support this amendment but this really can
not be a moving deadline.
Councilmember McClung stated that Mr. Kunkel's clarification was helpful. He
stated concerns about the Council setting a precedence of extending the end dates
for temporary uses. He stated that he would support this extension with the
assurance from Mr. Kunkel that the University would be removing these buildings
as soon as possible. He clarified that this would be the last time that he would
support an extension for these temporary units.
MOTION: Councilmember Grant moved and Councilmember Holmes
seconded a motion to Amend Recommendation 2 on page 3 of 3, from
October 3 1, 2012 to October 3 1, 2013.
Councilmember McClung stated that a two year extension was appropriate.
The motion to amend Recommendation 2 was called to a vote. The motion failed
(2-3; Councilmember McClung, Mayor Harpstead, and Councilmember Holden).
ARDEN HILLS CITY COUNCIL—May 11, 2009 6
The original motion was called to a vote. The motion carried unanimously (5-0).
B. Motion to Approve Resolution 2009-010 to Appoint Mark Kelliher to the Financial and Advisory Committee
MOTION: Mayor Harpstead moved and Councilmember Holden seconded a
Motion to Table Resolution 2009-010 for the Appointment of Mark
Kelliher to the Financial Planning and Advisory Committee for a Term
to Expire December 31, 2010. The motion carried unanimously (5-0).
C. Motion to Approve Resolution 2009-011; a Resolution Calling for a
Public Hearing on the Issuance of Health Care and Housing
Revenue Refunding Bonds (Ea0eCrest Proiect) by the City of
Roseville
Finance Director Susan Iverson stated that the City of Roseville has agreed to
issue conduit debt for Presbyterian Homes on a refunding of Roseville's
outstanding Senior Housing Refunding Revenue Bonds (EagleCrest Project) and
other improvements. Because part of the project is located in Arden Hills, a public
hearing and City Council approval of the financing is required under Section 146(f)
of the Internal Revenue code. A resolution calling for the public hearing is being
presented to the Council and after the public hearing the Council would be asked to
either approve or disapprove the request, as the host City.
Councilmember McClung stated that as the host City it would have been
beneficial to know, ahead of being asked that a public hearing would be called,
what type of improvements would be made and how these improvements would
benefit the City.
Ms. Janna Severance, Corporate Counsel from Presbyterian Home & Services,
stated that the improvements were previously done. The reason for coming to
Arden Hills is that Presbyterian Homes is using the proceeds of the tax exempt
issue in Arden Hills. The total bond issue is estimated to be $23,500,000 and about
$4,000,000 of this will be used to pay off a bank note, the proceeds of which were
used at the property in Arden Hills. This $5,500,000 project made more single
rooms available in the care center.
Mayor Harpstead clarified that this was a refinancing of the Arden Hills activity
that has already been finished. He asked if this was an Arden Hills note that had
been originally issued or if it was a refinancing of a note that had come from a
different jurisdiction.
ARDEN HILLS CITY COUNCIL—May 11, 2009 7
Ms. Severance stated that the two things being refinanced were the outstanding
bonds in the City of Roseville and the bank loan in the City of Arden Hills.
Councilmember McClung clarified that the bank loan was for projects that had
occurred within the City of Arden Hills.
Councilmember Grant asked why Presbyterian Homes had not come to the City
of Arden Hills for the initial funding.
Ms. Severance stated that it was not a tax exempt situation but rather just a bank
loan. The tax code states that because Presbyterian Homes is going to use the
proceeds of tax exempt bonds to repay the bank loan a public hearing has to be
held.
Councilmember Grant clarified that the City of Arden Hills had not been
approached for the amount of the loan being refinanced for property in Arden Hills
and Roseville.
Councilmember Holden asked what the administration fee was that Roseville was
charging.
Finance Director Iverson stated that she would check into this and get back to the
Council.
Ms. Severance stated that it was her understanding that Roseville was not charging
a fee.
MOTION: Councilmember Holden moved and Councilmember Grant
seconded a Motion to Approve Resolution 2009-011: a Resolution
Calling for a Public Hearing on the Issuance of Health Care and
Housing Revenue Refunding Bonds (EagleCrest Project) by the City of
Roseville. The motion carried unanimously (5-0).
6. PUBLIC HEARINGS
None.
7. NEW BUSINESS
ARDEN HILLS CITY COUNCIL—May 11, 2009 8
A. Motion to Adopt Resolution 2009-009: Receiving Proposed Special
Assessment Roll and Providing for Hearings for the 2009
Pavement Management Program
Civil Engineer Kristine Giga stated that in order for the City to adopt the
preliminary assessment roll and order the assessment hearing the City would need
to determine the number of REUs being assessed, the interest rate at which the
assessment will be set, and the length of the payment period. Per State statute the
City can not increase the proposed amount to be assessed once the preliminary
assessment role is adopted however at the time the assessment role is adopted the
interest rate and length of payment could be adjusted. At the April 27, 2009 City
Council meeting, the City Council adopted a resolution declaring costs to be
assessed and ordering the preparation of assessment rolls. The next step is for the
City Council to adopt a resolution receiving the proposed assessment roll and
setting the hearing date for the assessment. She stated that Staff had consulted with
the City Attorney regarding how payment could be delayed or deferred for the four
properties that are two REUs. The City Attorney had provided three options for the
City, which included: assessing the amount up front with the standard assessment
roll, or defer the assessment roll which would have to be paid within thirty years, or
postpone the assessment until the property is subdivided. She reviewed the interest
rate options and length of payment options that the City could consider.
Mayor Harpstead clarified that Staff was asking for approval of the assessment
roll and discussion regarding the number of REUs, interest rate, and length of
payment.
Civil Engineer Giga stated that in order to mail the nonce Staff would need to
know the number of units to include and a guideline of what Council may want for
interest rate and length of payment. If Council does not reach a decision the Staff
will use what is listed in the assessment policy, which is an interest rate of prime
plus 2% at 10 years.
Mayor Harpstead stated that the resolution does not have a number of units listed.
He asked if this was something that would need to be added.
Civil Engineer Giga stated that the proposed assessment roll included as an
attachmentto the resolution.
Councilmember Holden stated that when considering the parcels that are currently
considered 2 REUs, even though the property is currently not subdivided, Option B
or deferring the assessment for one REU until the property is subdivided or the end
of 30 years would be acceptable.
ARDEN HILLS CITY COUNCIL—May 11, 2009 9
Mayor Harpstead stated that he would agree with this.
Councilmember Holmes asked if the residents would have to pay interest on this.
Civil Engineer Giga stated that the interest rate for the deferral would be set
separately from the adopted assessment roll by the Council.
Councilmember McClung stated that Option B is agreeable.
Councilmember Grant agreed with Option B.
Mayor Harpstead stated that for those REUs whose homes were situated in the
middle of the two lots Option B would be a favorable option.
It was the consensus of the Council to assess one unit now and adopt a deferred
assessment roll for future lots. A future subdivision of the property would trigger
the payment of the deferred assessment. However, all deferred assessments must be
paid within thirty (30) years of the date of adoption of the assessment roll even if
subdivision has not occurred within that time.
Mayor Harpstead stated that as far as the number of units he would agree with a
total of 90 REUs. This would include Freeway Park and exclude Lindy's Park.
Councilmember Holden stated that this would be acceptable.
Councilmember McClung stated that he would agree with this.
Councilmember Grant stated that 90 REUs would be acceptable. He asked if the
easement was the County's responsibility.
Civil Engineer Giga stated that Lindy's triangle was right-of-way and she was not
sure at this time where it transfers from County right-of-way to City right-of-way.
Councilmember Grant stated Snelling Avenue North was originally the County's
responsibility and County Road E is County's responsibility. He asked if when the
City took Snelling Avenue North they also got a portion of the right-of-way or the
right-of-way stayed with the County.
Civil Engineer Giga stated that she would verify that the right-of-way was with the
City.
ARDEN HILLS CITY COUNCIL—May 11, 2009 10
Councilmember Grant stated that since the Lindy's triangle is part City and part
County right-of-way it will probably not be used for anything else.
It was the consensus of the Council to set the number of REUs for the assessment at
90 units.
Councilmember Holden requested to discuss the length of payment next. She
recommended the City set the length of payment at ten years.
Councilmember Holmes suggested a payment length of fifteen years. This would
allow the residents an option to spread the payments out over time.
Councilmember Grant stated that he would suggest ten years because over a
fifteen year period the City is exposed to a certain amount of interest rate risk. Over
a ten year period there is less risk with variability.
Councilmember McClung stated that he could go with either ten or fifteen years
but this decision would influence his decision on the interest rate. If the payment
length is set at fifteen years then he would recommend the higher interest rate of
5.25%, which is the prime rate, plus 2% versus the 4.8%.
Mayor Harpstead stated that he would support the recommended ten years.
Councilmember Grant stated that just because the Council extended the payment
cycle with the last project does not set the precedent that they need to extend the
payment length for all of the City's projects. Ten years is sufficient time and this
was set by the Assessment Task Force.
It was the consensus of the Council to set the length of payment at ten years.
Councilmember Holden recommended that since the length of payment is set at
ten years then the interest rate should be set at 4.8%, which is the current annualized
rate of return, plus 2%.
Mayor Harpstead stated that he would support a 4.8% interest rate.
Councilmember Grant stated that he would support a 4.8% interest rate.
It was the consensus of the Council to set the interest rate at 4.8%, which is the
current annualized rate of return, plus 2%.
ARDEN HILLS CITY COUNCIL—May 11, 2009 11
Councilmember Holmes stated that she would not be at the June 8, 2009 City
Council meeting which would be the date for the assessment hearing and the final
adoption of the assessment roll.
Councilmember Giga stated that she would check to see if a 4/5 vote would be
required for any of the items but there is also the option to continue the assessment
hearing to the second meeting in June.
Councilmember Grant stated that he would not be at the second meeting in June.
MOTION: Councilmember Holden moved and Councilmember Grant
seconded a motion to Adopt Resolution 2009-009: Receiving Proposed
Special Assessment Roll and Providing for Hearings for the 2009
Pavement Management Program. The motion carried unanimously (5-
0).
Be CP Rail Bridge Improvement Options
Parks and Recreation Manager Michelle Olson stated at the January 20, 2009
work session, the City Council directed staff to discuss the CP Rail Bridge with the
Parks, Trails, and Recreation Committee (PTRC) in order to develop a
recommendation for which side to build the proposed pedestrian bridge
improvements. At the March 9, 2009 regular City Council meeting, the Council
concurred with the PTRC recommendations and directed Bolton & Menk to
proceed with design and specifications for pedestrian improvements to the CP Rail
Bridge on the west side. At that meeting Council discussed future trail options
leading to and from the bridge. Council directed staff to speak with Ramsey
County regarding options for a bike lane and also bring the discussion back to the
PTRC for further analysis and recommendation. Staff met with Ken Haider from
Ramsey County Public Works in March to discuss options for a future
bike/pedestrian facility on Old Snelling. The PTRC provided the Council with
three options. to review and discuss for this corridor and pros and cons for each
option. Option 1 is to continue with the current scope of the project. Option 2 is to
continue to move forward on the engineering and proposed improvements to the
bridge on the west side and pursue restriping and shifting additional shoulder on
Old Snelling to the west side to potentially avoid impacts, most notably the
boardwalk. Option 3 is to consider constructing pedestrian improvements to both
the east and the west sides of the bridge and pursue with Ramsey County the
possibility of utilizing/paving the available additional shoulder of the roadway to
provide bike lanes on both sides. The additional engineering costs to add the east
side bridge improvements into the current scope of the project are listed at $30,000.
ARDEN HILLS CITY COUNCIL—May 11, 2009 12
The construction cost for improvements to both sides of the bridge is estimated at
$368,800, double the construction cost improvements to one side of the bridge.
Preliminary discussions with the railroad indicated they have no preference on
which side the improvements take place. If the third option is chosen, a motion to
approve a second addendum to the original contract with Bolton & Menk is needed
to expand the scope of the current plans and specifications.
Councilmember Holden indicated that all the options being presented provided for
some type of pathway. She asked if there was an option for just an underpass so
there is some safety.
Parks and Recreation Manager Olson stated that Option 1 would be status quo
and there would be no changes.
Mayor Harpstead asked if Option 1 included the underpass under the railroad.
Parks and Recreation Manager Olson confirmed that this was correct.
Councilmember Holmes stated that the PTRC was looking for consideration from
the Council of designing an underpass on the east side of the bridge as well as the
west side.
Parks and Recreation Manager Olson stated that the PTRC was looking for
comments and direction and which option to continue with, and if option 3 is what
the Council would like to continue with then a motion would be needed to revise the Bolton & Menk agreement.
Councilmember Holden stated that currently there was no indication on what
would be happening on the County Road E Bridge and what the expenditures were
going to be so considering spending an additional $300,000 at this time was
difficult. She stated that she would like to look at this project concurrently with the
County Road E Bridge improvements.
MOTION: Councilmember Holden moved and Councilmember Grant
seconded a motion to table the discussions on the CP Rail Bridge
Improvements and bring back to Council with the County Road E
Bridge Improvements. The motion carried 3-2 (Councilmember
McClung and Mayor Harpstead).
Councilmember Holden directed Staff to come back to Council with the County
Road E Bridge improvement information.
ARDEN HILLS CITY COUNCIL May 11, 2009 13
C. Motion to Approve Planning Case 09-005 and the Site Plan
Agreement for a Site Plan Review and Variance for Northwestern
College at 3003 Snelling Avenue Based on the Findings of Fact and
the Submitted Plans as Amended by the Twenty Conditions in the
May 11., 2009, Memo to the City Council
City Planner Beekman stated that Northwestern College has submitted an
application for a site plan review to construct Phase 2 of their Master PUD. Phase 2
consists of a 72,639 square foot commons building, an elevator addition to Nazareth
Hall, and a campus green. As part of the application they are also requesting a
height variance for the commons building that would exceed the maximum height
requirements in the R1 district, which is 35 feet. The proposed building would be
47 feet 10 inches at its tallest point. She reviewed the site plan overview,
landscaping plan, and tree preservation plan. She also provided a map that showed
the height variances for the proposal.
Mayor Harpstead asked if the height was to the peak or average of the slope.
City Planner Beekman stated that it was the average of the slope is how height is
defined and measured.
Councilmember Holden asked why there was not a blueprint showing the height
of the proposed buildings in relation to each other.
City Planner Beekman stated that there had been plans submitted with the exact
heights but the diagrams being presented showed the heights rounded off.
City Planner Beekman reviewed a photometric plan and the Planning Commission
recommendations for approval. Staff has met with the neighbors on two occasions
to discuss the project.
Mayor Harpstead stated that the prayer tower is directed inward on the site not
toward the boundary and this would resolve any potential site line questions.
City Planner Beekman stated that this was correct.
Councilmember Holden asked if there were any outstanding issues with the
residents.
City Planner Beekman stated that Staff has been in contact with them and feels
that any issues have been addressed.
ARDEN HILLS CITY COUNCIL May 11, 2009 14
Councilmember McClung stated that he had received a couple of e-mails from
residents expressing concerns about sound from the campus greens. He asked what
the resolution was for this and the City's recourse in order to protect the residents.
He stated that Recommendation 12 does not cover the problem well enough.
City Planner Beekman stated the Recommendation 12 covers sound and the City
can require additional mitigation if needed. If there are any complaints it will be
the responsibility of the College to get decibel readings to the City's satisfaction
according to the City's Nuisance Code.
Councilmember McClung clarified that he did not want the City to overlook
something.
City Planner Beekman stated that in terms of this project the language does cover
any noise concerns on the campus green.
Councilmember Holden clarified that the structure would be LEED certified.
City Planner Beekman stated that the structure would be LEED certified though
the level of certification was not established at the time of the report.
Councilmember Grant asked what the orientation of the structure was in relation
to the community. He stated that it appeared that the structure itself would provide
some sound mitigation for the residents.
Mayor Harpstead stated that it looked like this would be accurate according to the
aerial view provided.
Councilmember Holden asked if the City had inspected the landscaping that was
done last year as part of Phase 1.
City Planner Beekman stated that Staff had inspected the landscaping last fall to
verify that it was completed but would be inspecting this landscaping within the
next couple of weeks to make sure things were still alive.
MOTION: Councilmember Holden moved and Councilmember Grant
seconded a motion to Approve Planning Case 09-005 and the Site Plan ---
Agreement for a Site Plan Review and Variance for Northwestern
College at 3003 Snelling Avenue Based on the Findings of Fact and
the Submitted Plans as Amended by the Twenty Conditions in the May
1 1, 2009, Memo to the City Council.
ARDEN HILLS CITY COUNCIL May 11, 2009 15
MOTION: Councilmember Holden moved and Mayor Harpstead seconded a
motion to amend the motion and add: Recommendation 21. Any
landscaping previously planted in Phase 1 that has died must be
replanted and meet City staff approval before additional construction
can begin or building permits will be issued. The motion carried
unanimously (5-0).
MOTION: Councilmember Holden moved and Councilmember McClung
seconded a motion to amend the motion and add: Recommendation
22. The light in the Prayer Tower will not be in use after midnight.
Mayor Harpstead asked if this would be a reasonable request.
Mr. Brian Humphries, Associate Vice President of Facility Operations and
Planning for Northwestern College, stated that this was reasonable. The campus
closes at midnight and the light would only be on when it is in use.
City Planner Beekman recommended the motion stipulate that the light must be
turned off from midnight to 6:00 a.m.
The amendment to add Recommendation 22 with the hours the light must be turned
off from midnight to 6:00 a.m. was called to a vote. The motion carved
unanimously (5-0).
The original motion with the amendments was called. The motion carried
unanimously (5-0).
D. Approve Planning Case 09-007 for a Site Plan Review at 3585
Lexington Avenue North Based on the Findings of Fact and the
Submitted Plans as Amended by the Six Conditions in the May 11,
2009, Report to the City Council
City Planner Beekman stated that Wellington Management Company is seeking
approval of a site plan review to permit portable signs to be located within 15 feet
of the primary driveway entrance along County Road E. This designated area
would be shared amongst the businesses of Arden Plaza and would be used for
advertising. The sign standard would allow for a single permitted portable sign to
be placed within this designated area at a time. The signs would be standard static
signs, would not exceed six square feet and would not be lit. This kind of sign is
currently allowed by the Sign Code without a permit. While a permanent solution
for the visibility and ultimate viability of the businesses in Arden Plaza is needed,
ARDEN HILLS CITY COUNCIL—May 11, 2009 16
the applicants and tenants are proposing this as a temporary solution until the
redevelopment of the site takes place. At that time a permanent solution can be
found and the sign standard adjustment would no longer be needed.
Councilmember Holden stated that Recommendation 6 stated that the sign
standard adjustment shall expire upon the implementation of a new monument sign
on the site or within two years. She asked which monument sign the
recommendation was referencing because the first monument sign was going to be
on the corner.
City Planner Beekman stated that there is an assumption that when the
redevelopment takes place the monument signs would be placed simultaneously.
Councilmember Holden asked if this would then reference the sign on County
Road E.
City Planner Beekman stated when a permanent sign solution was placed then the
temporary sign usage would end.
Councilmember Holden stated that this recommendation should state the
monument sign on County Road E.
Councilmember McClung asked how much visibility a 6 square foot A-frame sign
is going to get when the only placement for this sign is beyond the entrance. He
also asked to verify that neon signs were against the City's sign code.
City Planner Beekman stated that this was correct.
Councilmember McClung asked if an acceptable condition for acceptance of this
would be to stipulate that if Wellington or one of sits tenants places any additional
sign then this agreement should be nullified.
City Planner Beekman stated that this could be stated as a condition and it would
be helpful to have more specific language referencing code compliance added to the
agreement.
Councilmember McClung stated that he would suggest that if the City sites them
for violating the code this would nullify the agreement.
Councilmember Holmes stated that if this is an agreement among the tenants then
it could state that the particular tenant who made the violation could not put up any
additional signs. One violation should not nullify the agreement for all the tenants.
ARDEN HILLS CITY COUNCIL—May 11, 2009 17
She stated that there is a provision in the code that any si gn not incompliance can be
removed by the City.
Councilmember McClung stated that these types of signs continue to appear.
Councilmember Holmes stated that there was only the one violation at Arden
Plaza and it was resolved.
City Planner Beekman stated that the sign had been removed within 24 hours of
the City contacting them.
Councilmember Holden asked how many signs were being permitted.
City Planner Beekman stated that one 6 square foot A-frame sign at a time was
being approved and what businesses were listed on this would be determined by the
tenants and the property management.
Mayor Harpstead clarified that it would be six square feet on each side of the sign.
City Planner Beekman stated that this was correct.
Councilmember Grant stated that this was temporary and would expire at the time
the monument sign was in place. He asked if regular business hours were defined
in the sign code because the fitness business is open 24 hours.
City Planner Beekman stated that the code only states that the sign could be out
during the business' regular business hours. This did include if the business was
open twenty four hours then the sign could be displayed for twenty four hours'.
Councilmember Grant asked what the height of the sign would be and how this
was measured.
City Planner Beekman stated that the sign would have to meet the City's current
height requirement in the district and this would include any base height.
Councilmember Grant clarified that the sign being placed could also be a T-sign.
Councilmember McClung stated that the code states that the sign can not be
placed in the site line and with having such a limited amount of space to place the
sign this would be difficult to enforce.
ARDEN HILLS CITY COUNCIL—May 11, 2009 18
City Planner Beekman stated that the sign code only addresses permanent signs
but this could be added as a recommendation.
Councilmember Grant asked City Planner to talk about visibility.
City Planner Beekman stated that these would be in the clear vision area and if
there are problems reported then it would have to be removed per the zoning code.
Mayor Harpstead asked what would prevent other establishments within Arden
Hills from doing the same thing.
City Planner Beekman stated that this would not set a precedent and that each
request would need to be reviewed individually by the City Council. This particular
site is unique in the City and does have visibility problems because of its
orientation.
Mayor Harpstead asked if the two monument signs currently on the site are up to
date.
City Planner Beekman stated that the two signs are current and they are well
maintained.
Mayor Harpstead stated the solution is not a temporary solution. The solution
would be to move forward with the redevelopment of the area. Temporary signs do
not need to be addressed but rather the overall site plan.
MOTION: Councilmember Grant moved and Councilmember Holden
seconded a motion to Approve Planning Case 09-007 for a Site Plan
Review at 3585 Lexington Avenue North Based on the Findings of
Fact and the Submitted Plans as Amended by the Six Conditions in the
May 11, 2009, Report to the City Council.
Mayor Harpstead stated that he would be voting against this motion because a
long term permanent solutions needs to be addressed.
MOTION: Councilmember Grant moved and Councilmember Holden
seconded a motion to add Recommendation 7. The Temporary sign of
6 square feet can not be mounted more than 4 feet high. The motion
carried unanimously (5-0).
MOTION: Councilmember Grant moved and Councilmember Holden
seconded a motion to amend Recommendation 2 to change the words
AR—DEN HILLS CITY COUNCIL—May 11, 2009 19
displayed only during regular business hours to shall be permitted
between the hours of 6:00 a.m. to 10:00 p.m.
Councilmember Grant clarified that this would include the sign in its entirety,
including any base, could not be on display after 10:00 p.m.
The motion to amend Recommendation 2 was called to a vote. The motion carried
unanimously (5-0).
MOTION: Councilmember Holden moved and Councilmember Grant
seconded a motion to amend Recommendation 6 to: "The sign standard
adjustment shall expire upon the implementation of any new
monument sign on the site or within two years of the date of issuance,
whichever comes first."
Councilmember Holmes stated that she does not agree with this. There are
currently two monument signs for this property and the tenants are saying the
location of these is ineffective. The recommendation should clarify the monument
sign on entrance on County Road E.
Councilmember Holden stated that the entrance to this property would be
changing as the area is redeveloped.
Councilmember Holmes stated it would be the entrance on County Road E.
Mayor Harpstead stated that he would agree with Councilmember Holden in that
direction is given for them to address the monument sign locations early in the
process.
Councilmember Holmes withdrew her suggestion.
The motion to amend Recommendation 6 was called to a vote. The motion carried
unanimously (5-0).
MOTION: Councilmember Holmes moved and Councilmember Holden
seconded a motion to add Recommendation 8: If the Site Plan is
violated more than twice the agreement will be void.
Community Development Director James Lehnhoff suggested that if the
provisions of this sign standard adjustment are violated more than two times the
City Council may revoke the sign standard adjustment.
ARDEN HILLS CITY COUNCIL—May 11, 2009 20
Councilmember Holmes stated that once a violation has been issued the remaining
l tenants would know to watch.
Community Development Director Lehnhoff stated that two violations would be
consistent with the City's recently adopted compliance policy and it is up to
Wellington Management to monitor this.
Councilmember Holden stated that two violations would be acceptable.
The motion to add Recommendation 8 was called to a vote. The motion carried (4-
1; Councilmember McClung).
The motion to approve Planning Case 09-007 with the approved amendments was
called to a vote. The motion carried (3-2; Mayor Harpstead, Councilmember
McClung).
E1. Motion Regarding the Acceptance of RRLD's Termination of the
PDA
E2. Motion Regarding Authorizing the Delivery of a Notice of
Rescission Under the OTP to the GSA
E3. Discussion of Plans and Future Schedules Regarding TCAAP
City Administrator Ron Moorse stated the City has in place an Offer to Purchase
(OTP) with the US General Service Administration (GSA) for a portion of the Twin
Cities Army Ammunition Plant (TCAAP) property and a Preliminary Development
Agreement (PDA) with RRLD. RRLD has notified the City of the intention to
terminate their agreement to acquire and redevelop a portion of TCAAP. The
developer filed its notice to terminate because it determined that the project has
become economically infeasible. The letter also requests the City forward to GSA a
notice of rescission of the OTP.
MOTION: Mayor Harpstead moved and Councilmember Grant seconded a
motion to Accept the May 12, 2009 RRLD Termination of the PDA
subj ect to receipt of a signed executed copy. The motion carried
unanimously (5-0).
MOTION: Mayor Harpstead moved and Councilmember Grant seconded a
motion to authorize Staff to Delivery a Notice of Rescission under the
OTP to the GSA subject to obtaining an executed copy of RRLD's
letter dated May 12, 2009.
ARDEN HILLS CITY COUNCIL—May 11, 2009 21
Councilmember Holden clarified that the TCAAP project was not going to be
happening because the City no longer has a developer for the property. The City is
not moving forward with the development due to the fact that the City no longer has
a partner. She expressed disappointment that the GSA and Army had not been
more helpful to the City in realizing their vision.
Councilmember Grant restated that the City no longer has a developer for the
property or an agreement to purchase the property as part of an early transfer
process and this is what was needed in order to develop the City's vision.
The motion was called to a vote. The motion carried unanimously (5-0).
Mayor Harpstead stated the City has had a phone call with the Army/GSA and
they are looking forward to the opportunity to to having further discussions about
what this might mean as far as implications following a rescission and what
opportunities or possibilities might be on the table. There has been a strong
position that it is not the City's interest that this goes to public auction. The City
wants to participate, plan, coordinate and be involved in the process to not have this
happen. The City will need to discuss how next to proceed. The City's next
opportunity to meet with the GSA would be toward the end of June or later
depending on schedules.
Councilmember McClung stated that this meeting would be an open meeting.
Mayor Harpstead stated that this is correct. Without an agreement to purchase all
meetings pertaining to the TCAAP property would be open meetings.
Councilmember Holden asked where the City was regarding the TIF and the
McGrann Company contract and if the City would like to continue pursuing this.
She also stated that she would like the Council to discuss County Road H, Highway
10 and County Road 96, and steps that the City should take including
communication with the Congressional and Federal Delegation.
Councilmember Grant asked if these discussions would be put on an agenda for a
work session.
Councilmember Holden stated that she would like to have these discussions at this
meeting. _
Councilmember Grant stated that more time would need to be devoted to each
topic that was raised and a work session would provide more flexibility in these
discussions.
AR—DEN HILLS CITY COUNCIL May 11, 2009 22
Councilmember Holden stated that the Council can look at each one and provide
some direction to Staff.
Mayor Harpstead asked where the TIF legislation was at this time.
Community Development Director Lehnhoff stated that the TIF legislation was
still before the legislature in the Finance Bill. There will not be any further
discussion or testimony on this bill at this point.
Mayor Harpstead clarified that the Finance Bill was different than the Tax Bill
and the Finance Bill has a higher probability of being signed into law.
Councilmember Holden stated that RRLD is no longer contracting with the
McGrann Company. The City had received a contract from the lobbyist group. She
stated that at this time she was no longer interested in pursuing the TIF legislation
and did not recommend hiring a lobbyist at this time.
Mayor Harpstead clarified that the City had not signed an agreement with them at
this time.
City Administrator Moorse stated that this was correct. He stated that the City
had received a proposal that was a lump sum retainer based on some assumptions
on how this bill would go in the rest of the legislative process. Since the TIF
legislation is in the Finance bill it would appear that the process would conclude
more quickly than initially anticipated. He stated that he would like to discuss with
the McGrann Company what type of time line the City is looking at and what types
of things the City can do on its own to track this bill and an hourly rate versus a
lump sum amount.
Councilmember Holden stated that she would not support this. Having the TIF
legislation approved may make it easier for another party to purchase the property
on public auction. She clarified that the City should not spend any additional funds
with McGrann.
Mayor Harpstead stated that one of the things that had been discussed in a
previous work session was the City's need to be mindful of its federal partners in
different areas. He stated that the City should first identify what they needed in
terms of advocacy as part of the bigger picture for the City. He also stated that he
did agree that the City should not pursue an agreement at this time.
ARDEN HILLS CITY COUNCIL—May 11, 2009 23
Councilmember Grant stated that he agreed with not spending additional City
funds with lobbying for the TIF legislation.
Councilmember McClung stated that he also agreed that the City should not move
forward with an agreement with McGrann. If the City needs a lobbyist in the future
then they could open an RFP.
Councilmember Grant clarified that Council was not interested in pursuing a
contract with McGrann and that Staff would not be bringing anything forward to
the Council.
Mayor Harpstead stated that County Road H was the next topic to discuss.
Councilmember Holden stated that the design for County Road H was moving
forward with trying to find Federal funding and State funding. She stated that this
was no longer an option for the City. She asked where the City was in the process,
what the next step would have been or if the City was at a point that it could stop
since the City had not heard from Shoreview regarding the design.
City Administrator Moorse stated that the City of Shoreview had met last
Monday regarding this topic and he had not heard the results from this meeting.
The City has provided a concept plan to Shoreview addressing their concerns. He
stated that he would follow up with them. The City currently has an application for
Federal Funding for this project and this is moving forward.
Councilmember Holden asked where this was at the Federal level and which
application this was.
City Administrator Moorse stated that it was the Transpiration Reauthorization
application through Representative McCollum's office.
Councilmember Holden asked if this was the only application at the Federal level.
City Administrator Moorse stated that the City also had with Representative
McCollum's office and Senator Klobuchar's office an appropriation request for
engineering related to the project.
Councilmember Holden stated that the Council needs to decide what they would
like to do with this.
Mayor Harpstead stated that it would be appropriate to ask Staff to put together
the next steps, what the costs are, and the potential opportunities.
ARDEN HILLS CITY COUNCIL May 11, 2009 24
Councilmember McClung clarified that there were two requests, the appropriation
request for engineering assistance and the second one is a request for
Congresswoman McCollum that this project be included in the reauthorization of
the Federal Transportation Bill, which is reviewed every five years. He requested
that Staff get information regarding what .the implications would be if this request
were pulled at this time to future projects in this area.
Councilmember Holden requested a list of opportunities and a list of the amount
that the State wants to expand the bridge because without a partner the City and its
residents are responsible for these costs.
Councilmember McClung clarified that Staff would need to bring forward all the
information in order for the Council to make an informed decision regarding the
County Road H interchange.
Mayor Harpstead asked if there were any updates on the Highway 10/County
Road 96 project.
City Administrator Moorse stated that the County was waiting for a response
from the City regarding its preferred alternative.
Councilmember McClung asked if this subject was being raised because of the
County's project or because of the local interchange with Highway 10 and County
Road 96.
Councilmember Holden stated that she had raised this issue in regards to the
temporary ramps. Mn/DOT had made it clear that the temporary ramps were only
temporary and was only being approved until the other local exchange bridge was
built. She asked what would happen with Highway 10 and County Road 96 now
that this local interchange was no longer an issue.
Councilmember Grant asked if there were any design considerations as a result of
not knowing the dynamics of the TCAAP property. The people who are in charge
of the design for Highway 10 and County Road 96 should be informed of the
outcome of this meeting.
City Administrator Moorse stated that he would do this and find out what this
means to those temporary ramps and if there are design considerations that come
into effect. The local access interchange was related to how much traffic was going
to be generated by the development of the TCAAP property. There may be some
ARDEN HILLS CITY COUNCIL—May 11, 2009 25
level of development that happens on this site and it may not require a full local
access interchange.
Councilmember Grant stated that the general design was still the same but
specifically how it come off of Highway 10 south and connects up.
Councilmember Holmes stated that the Council should send some communication
to Arden Manor residents regarding the Highway 10 and County Road 96.
Councilmember Grant stated that the communications should also indicate that
Highway 10 and County Road 96 is a County project and not a City project and a
result of the motions of this evening do not impact the Highway 10 and County
Road 96 project.
Councilmember Holmes stated that the point is that the temporary ramps may be
reconfigured based on the fact that TCAAP may not be developed.
Mayor Harpstead stated that there needs to be a discussion with Mn/DOT as well
as the residents of Arden Manor.
Councilmember McClung agreed with Councilmember Holmes and that Arden
Manor has asked the Council to keep the lines of communication open.
Mayor Harpstead clarified that TCAAP development and the Highway 10 and
County Road 96 projects are independent of one another and this needs to be clear
in any communications.
Councilmember McClung stated that this is correct but there may be implications
to the County project due to the recent developments with the TCAAP property.
Mayor Harpstead stated that Staff had an e-mail list of those residents that are
interested in keeping informed and they could follow up with this.
Mayor Harpstead stated that steps were the next topic to be discussed.
Councilmember Holden stated that communication would be one thing. She
asked what the City's statement would be with the congressional offices at this time
and how does the City proceed going forward. She asked when the Council would
be meeting as a group to discuss the vision of this property.
ARDEN HILLS CITY COUNCIL—May 11, 2009 26
Mayor Harpstead stated that a work session discussion would be needed as early
as practical in order to discuss a schedule in greater detail and get the issues on the
table.
Councilmember Holmes stated that with the summer schedule the Council will
need to start meeting with just four members present.
Mayor Harpstead stated that the first meeting should include all the members of
the Council in order to have a full complement of issues identified.
Councilmember Grant stated that the need for this meting should supersede other
items that may be on the next work session agenda.
Councilmember Holmes stated that she would agree with this and the next work
session is scheduled for May 18, 2009.
Mayor Harpstead stated that the first hour and a half of the meeting could be set
aside to discuss this topic in greater detail.
Councilmember Holden asked if the work session agenda contained any time
sensitive issues that could not be postponed.
Community Development Director Lehnhoff stated that the only discussion that
would be time sensitive was related to Eureka Recycling and this discussion would
not be time consuming.
City Administrator Moorse stated that there were no other items on the agenda
that would be considered time sensitive.
Mayor Harpstead asked all the Councilmembers to come to the work session
prepared for discussions regarding what they value about this property, their vision
for the City, what they learned and what their questions and concerns are moving
forward.
Councilmember Holden stated that one issue is that the Army had requested
during their last phone call to have detailed concerns that the City has regarding
moving this into a public auction block. She clarified that at this time she does not
feel obligated to send anything and this could be discussed at the work session.
Mayor Harpstead stated that the Army and GSA have expressed interest in
working with the City and addressing what ever concerns the City had with
ARDEN HILLS CITY COUNCIL—May 11, 2009 27
whatever process moves forward. They are willing to be approachable and would
ask that the Council welcome and invite that cooperation.
Councilmember Holden stated that Army and GSA have not been completely
upfront and honest with the City on several occasions.
Councilmember Holmes stated that it was always the assumption that the land
could not be transferred until it was cleaned up unless you had an early transfer
process.
Councilmember Grant stated that this may have been true at one time but it is no
longer the case.
Councilmember Holmes stated that if the land is bought at public auction it would
not be cleaned up.
Councilmember Grant stated that who ever purchases the property would have to
have a plan to have the land cleaned up.
Councilmember Holden stated that there is no enforcement for this.
Councilmember Holmes stated that the Army and the GSA seem to be rushing at
this time.
Mayor Harpstead stated that there is no rush to close but the City does need to get
on the same page and have an agreement on a position so that they are able to make
a stronger statement.
Councilmember Grant stated that the Council needs to get started on this process
and spend the time to research and be confident on moving forward.
Mayor Harpstead stated that this is an open public process and the Council would
welcome input from the community.
Councilmember McClung stated that the City needs to be proactive and
investigate all the options and discuss how the City would like to move forward.
This process will get started on next Monday at the work session.
Mayor Harpstead asked Staff to look at the financial implications as the City does
look at the issues that are ahead. There will be budget impacts that were previously
taken on by the developer that will now be the City's responsibility.
ARDEN HILLS CITY COUNCIL—May 11, 2009 28
Councilmember Holden requested Staff to contact the City Attorney and find out
if there are public land conveyances for public benefit where the public safety costs
are taken on by Arden Hills.
Councilmember Holmes stated that an e-mail from Kevin Legare had been
received stating that he would be in the Twin Cities May 27. She asked if the City
would be speaking with him while he is here.
Mayor Harpstead stated that he was going to be in town for other business and at
this time there would be no value in meeting with him.
Councilmember Holden stated that the City had made it clear during the phone
call that they would not be ready to meet with them.
Councilmember Holmes stated that contact with Representative McCollum and
Senator Klobuchar is key. She clarified that if there was any contact with them the
City needs to be sure to speak with one voice. She asked if anyone was planning on
communicating with them any time in the next week or so. She stated that she had
plans to call Bill Harper.
Councilmember Holden stated that she had a call into Kelly Scanlon of Senator
Klobuchar's office.
Mayor Harpstead stated that he had met with Kelly Scanlon today and also spoke
to Bill Harper. Both of these individuals are aware of what is going on. In terms of
speaking with one voice the Council needs to make sure they get to the work
session to determine what that one voice is.
F. Discussion Regarding the Anoka Airport Expansion
Councilmember Holden asked if Arden Hills Staff were participating in meetings
or discussions regarding the Anoka airport expansion project. She stated that if
there is going to be additional noise to the residents of Arden Hills then the City
should be involved with the meetings.
City Administrator Moorse stated that the City has been monitoring the activity
but have not been involved directly.
Councilmember Holden asked if the City could voice their opinions.
ARDEN HILLS CITY COUNCIL May 11, 2009 29
Mayor Harpstead stated that the expansion included some additional feet to the
east west runway, which is two miles north of City Hall or a mile north of the edge
of Arden Hills.
Community Development Director Lehnhoff stated that the most recent
information is that the want to increase from 5000 feet to 6000 feet which would
require them to get a reclassification for this. He was not sure if this was before the
legislature at this time but would check into it and get back to the Council. When
the discussions first started Arden Hills was outside of the flight path for this
particular runway and it was not believed to have an impact on Arden Hills. He
stated that he would continue to monitor this and if the City needed to get involved
he would let the Council know.
8. UNFINISHED BUSINESS
None.
9. COUNCIL COMMENTS AND REQUESTS
Councilmember Grant asked if the park signs were being painted since the
supplies had been purchased.
Public Works Director Gregory Hoag stated that they would be putting together a
schedule and getting the signs done now that the City had the proper materials.
Councilmember Grant asked if the materials included a sealer for these signs.
Public Works Director Hoag stated that after discussions with the vendor all the
proper materials were purchased including a sealer and a proper maintenance
schedule.
Councilmember Grant stated that he would like to talk with Parks and Recreation
Manager Olson after the meeting in regards to the softball fields.
Councilmember McClung stated that the deadline for newsletter articles was
Friday, May 15. He reminded Mayor Harpstead that he would have an article due
in July.
Councilmember Holmes stated that there would be a meeting in late May to start
planning for Celebrate Arden Hills and Parks and Recreation Manager Olson was
setting this up.
W
AR—DEN HILLS CITY COUNCIL—May 11, 2009 30
Councilmember McClung stated that he would not be at the regular City Council
meeting scheduled for May 26, 2009.
ADJOURN
MOTION: Councilmember McClung moved and Councilmember Grant
seconded a motion to adjourn. The motion carried unanimously (5-0).
Mayor Harpstead -,d-the.,,,,.Regular City Council Meeting at 5 P. -
tan Epa..rpsit dd Ronald J. Mo&rse
Mayor City Administrator