HomeMy WebLinkAbout06-28-10-R EN HILLS
Approved: July 26,2010
CITY OF ARDEN HILLS,MINNESOTA
REGULAR CITY COUNCIL MEETING
JUNE 289 2010
7:00 P.M. A.RDEN 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 Fran Holmes, Brenda Holden,
and David McClung
Absent: Councilmember David Grant(excused)
Also present: City Administrator Patrick Klaers; Community Development Director
James Lehnhoff; Civil Engineer Kristine Giga; Parks and Recreation Manager Michelle
Olson; City Planner Meagan Beekman; and Recording Secretary, Tina Borg
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Councilmember McClung suggested moving Item 7B to the Consent Calendar as Item. 4F and
Item 7C to the Consent Calendar as Item 4G.
MOTION: Councilmember Holden moved. and Councilmember McClung seconded a
motion to a rove the meetinga ends s amended. The motion. carried
oftunanimously: 4-0 .
2. PUBLIC INQUIRIES/INFORMATIONAL
A. Recognize Eagle Scout and Gold Award Recipients
Mayor Harpstead presented a Certificate of Recognition to Gold Award recipient Julie Bakos,
and Eagle Scout recipients Joe Marino, Logan Schmidt, Tommy Schrankler, Zach Schmidtke, and
Brian Kaeter. He explained the projects that were done by Joe Marino, Logan Schmidt, and Julie
Bakos. He asked Tommy Schrankler, Zach Schmidtke and Brian Kaeter to come forward to
explain the projects they worked on in the City.
ARDEN HILLS CITY COUNCIL—June 28, 2010 2
2.A. Recognize Eagle Scout and Gold Award Recipients (continued)
Mr. Tommy Schrankler, 4301 Colleen Court, Arden Hills, stated the project he worked on was
he stenciled at over 86 locations and distributed several hundreds of pamphlets regarding the
dangers of placing hazardous materials in storm sewers. He explained that he had worked on the
project for over 40 hours and there had been about 50 people that also worked on the project.
Mr. Brian Kaeter, 299 Demar Avenue, Shoreview, stated he helped build and install six wooden
benches in Lindey Park and along the Chatham Trail System in Arden Hills.
Mr. Zach Schmidtke, 841 Westview Drive, stated he assisted with buckthorn removal from
Floral Park. There were about 50 people involved with the project.
B. TCAAP Update
Community Development Director James Lehnhoff stated the General Service Administration
(GSA), on behalf of the US Army, hosted the second TCAAP bidders' conference on June 24 at
the Bishop Henry Whipple Building at fort Snelling. The informational session included a panel
with the Mayor, EPA, Mn./DOT, Ramsey County Parks and Recreation, GSA, Army, Jones Lang
LaSalle, and the Army. Mr. Legare from the GSA presented a map representing the potential
three-step process to sell and transfer the property, which includes the environmental remediation
component. The map will be made available on the GSA's website. The GSA did not have the
Invitation for Bid (IFB) available at the conference for review. The auction will follow
approximately 30 days after the IFB is released, which is likely to be the end of July. The TCAAP
auction had been tentatively scheduled for the last part of June; however, the GSA has pushed the
auction back to August. Mr. Legare indicated that the auction date would depend on the results
and interest expressed at the conference. Greg Mack is continuing to work with the MPCA
regarding environmental remediation requirements for Ramsey County's TCAAP park and open
space land requests. He is also working with the GSA to obtain an access agreement to the
TCAAP site for further investigation.
Councilmember Holmes asked if the City had responded to Mr. Legare's e-mail concerning the
park dedication on the land being transferred to Ramsey County.
Community Development Director Lehnhoff stated Mr. Legare is aware of the 10%park
dedication and is supportive of this. He also stated there were some changes to the park
dedication section in the proposed TCAAP regulations that would be discussed later in the
meeting.
Councilmember Holmes stated the name being used by the GSA was no longer TCAAP but
rather Northern Point. She asked if the City would be changing the name they used to reference
the property as well.
Community Development Director Lehnhoff stated the name could be changed with direction
from the Council. There is no process in place for this type of change.
ARDEN HILLS CITY COUNCIL—June 28, 2010 3
2.B. TCAAP Update (continued)
Councilmember Holden stated she would not like to change the name. The property has areas
that need to be cleaned up and remediated and this is reflected in the name at this time.
Mayor Harpstead stated this discussion should be added to a future Council Work Session for
further discussion.
Councilmember McClung requested a copy of the attendance list for the bidders' conference.
Community Development Director Lehnhoff stated this list has been requested and will be sent
to the Council as soon as it is available. He also stated the list from the previous bidders'
conference has been posted on the GSA website.
C. Proclaim August 3,2010, as "Night to Unite"
City Administrator Patrick Klaers stated the Minnesota Crime Prevention Association along
with AAA of Minnesota/Iowa is sponsoring a nationwide crime prevention program with
Tuesday, August 3, 2010, as "Night to Unite".
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to approve the Night to Unite 2010 Proclamation declaring Tuesday,
August 3, 2010, as "Night to Unite" in Arden Hills, Ramsey County,
Minnesota. The motion carried unanimously(4-0).
PUBLIC
Mayor Harpstead opened the Public Inquiries/Informational at 7:13 p.m.
Mayor Harpstead closed the Public Inquiries/Informational at 7:14 p.m.
3. APPROVAL OF MINUTES
None.
4, CONSENT CALENDAR
A. Claims and Payroll
B. Elmer L. Andersen Memorial Trail Connection Payment#3
C. Purchase of Park Benches
D. 2010 Pavement Management Program Payment#1
E. Appointment of Katharine Peters to the Financial Planning and Analysis
Committee
F. Order Public Hearing for Proposed Mn/DOT I-694 Improvement Project for
August 9, 2010
G. Purchase of a New 2010 Bobcat 5600 Turbo Toolcat Machine for an Amount not
to Exceed $52,297.93
ARDEN HILLS CITY COUNCIL—June 28, 2010 4
4. Consent Calendar (continued)
MOTION: Councilmember McClung moved and Councilmember Holden 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.
6, PUBLIC HEARINGS
None.
7, NEW BUSINESS
A. Resolution 2010-034: Receiving Proposed Special Assessment Roll and
Proving for Hearings for the 2010 Pavement Management Program
Civil Engineer Kristine Giga stated on May 10, 2010, the City Council awarded the 2010 PMP
project to T.A. Schifsky and Sons, Inc. Portions of the costs for the 2010 PMP project are
proposed to be assessed to the benefiting properties. In order to assess these costs, the City must
follow the Public Hearing steps outlined in State Statute 429. At the June 14, 2010, 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 a hearing date for the assessments. The project
is proposed to be assessed consistent with the City's assessment policy, which states that 50% of
the costs for roadway improvements will be assessed to residential properties, and the remaining
portion financed using various City funds. The two properties at 1645 Valentine Avenue and
4093 Valentine Crest Road have been identified as sub-dividable, according to current City Code.
Council directed Staff to move forward with the option where the City and the property owners
sign an agreement which would be recorded against the property and contain the following
elements: property owner acknowledges that benefit will accrue upon subdivision of the property,
the property owner waives hearing requirements of Minn. Stat. 429 if subdivision occurs, and the
property owner agrees that the City does not have to approve a subdivision unless the second
assessment if paid. The lot at 3 317 Katie Lane'is a vacant lot owned by the residents living on the
adjacent lot. The City Council directed Staff to proceed with this lot in the assessment roll. The
total amount to be assessed is $306,528.86. There are two proposed assessment rates; one for the
streets to be reconstructed (Valentine Avenue, Valentine Crest Road, and Valentine Court), and
one for the streets to be milled and overlaid (Katie Lane, and Katie Court). The current
reconstruction assessment rate is $8,268.46 per unit based on 31 units. The current mill and
overlay assessment rate is $1,476.67 per unit based on 34 units. The assessment policy states that
the interest rate shall be set at prime plus two percent. Prime rate is currently 3.25%. The current
annualized rate of return on the City's portfolio is 2.5%. If the City Council were to set the
interest rate at 2% over the annualized rate of return, the rate would be 4.5%. The standard
payment period is 5 years for a mill and overlay, and 10 years for a reconstruction project.
ARDEN HILLS CITY COUNCIL—June 28, 2010 5
7.A. Resolution 2010-034: Receiving Proposed Special Assessment Roll and Proving for
Hearings for the 2010 Pavement Management Program (continued)
Assessment rolls must be adopted no later than September 27, 2010, to allow for a 30-day pre-
payment period. Following the pre-payment period, assessment rolls are certified to Ramsey
County for collection. The interest rate and length of payment must be set by this resolution.
Following the assessment hearing and prior to adoption of the assessment roll, the City Council
may choose to adjust the interest rate and length of payment. The City Council cannot increase
the proposed amount to be assessed once the preliminary assessment roll is adopted.
Councilmember Holden stated the 2009 PMP project had a deadline date of 30 years for those
properties that were assessed as two properties. She asked if this could be added to this agreement
as well.
Civil Engineer Giga clarified the 2009 PMP project had a deferred assessment roll, which is
different from what is being proposed at this time. She stated the Council could choose to add
language that would in effect forgive the assessment if the property is not divided at the end of
thirty years. She stated thirty years is the maximum amount of time that could be set on deferred
assessment rolls.
Mayor Harpstead asked if Staff has talked to the residents about the proposed assessment roles.
Civil Engineer Giga stated Staff would be talking to the residents once the Council has provided
comments on the agreements.
Mayor Harpstead stated he would like to see language added that would forgive the second
assessment for those properties that are considered two lots, after thirty years if the property is not
subdivided during that time.
Councilmember McClung recommended Staff consult with City Attorney Jerry Filla regarding
this language and if it can be done or if a deferred assessment roll will need to be done.
Councilmember Holden stated she would like to have the interest rate set at 4.5% rather than
5.25%.
Mayor Harpstead stated he would agree with this interest rate. He also stated the term lengths of
five years for the mill and overlay project area and ten years for the reconstruction area of the
project are also acceptable.
Councilmember McClung stated he would agree with the interest rate and term lengths as well.
Councilmember Holden asked for clarification regarding the address "0 Valentine Court."
Civil Engineer Giga stated currently this is a vacant lot that is owned by Mr. Peterson. The
property is not developed at this time and does not have a legal address. Staff will work with the
Community Development Department to establish an address once the property is being
developed.
ARDEN HILLS CITY COUNCIL—June 28, 2010 6
7.A. Resolution 2010-034: Receiving Proposed Special Assessment Roll and Proving for
Hearings for the 2010 Pavement Management Program (continued)
Mayor Harpstead clarified there was also one lot owned by the County.
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to Adopt Resolution 2010-034: Receiving proposed special assessment
roll and providing for hearings for the 2010 Pavement Management Program.
The motion carried unanimously 4-0 .
Councilmember McClung clarified the direction to Staff was to use the interest rate of 4.5% and
the terms of 5 years for the mill and overlay and 10 years for the reconstruction project.
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D. TCAAP Zoning Regulations
Community Development Director Lehnhoff reviewed the TCAAP reuse timeline and he stated
at the February 16, 20105 City Council work session, Staff proposed a TCAAP zoning regulation
concept that was based on the mixed-use vision adopted in the 2030 Comprehensive Plan. The
City Council directed Staff to proceed with the concept and to initiate a process to review the
regulations. The City's goal was to adopt or be close to adopting the zoning regulations prior to
the TCAAP public auction. The Planning Commission held a public hearing on June 9, 2010,
where they recommended approval of the regulations to the City Council. A primary purpose of
these zoning regulations is to inform potential bidders of the City's vision for the TCAAP reuse
area. The 2030 Future Land Use Map divides the TCAAP redevelopment into four categories:
Mixed Residential, Mixed Business, Park and Open Space, and Park Preserve. The
Comprehensive Plan lays the foundation for the Zoning Code, and State Statute requires the
zoning code to be in conformance with the City's Comprehensive Plan. If necessary, the future
land use map and categories can be amended at a later date, subject to Metropolitan Council
approval.
City Planner Meagan Beekman stated the proposed zoning regulations affect six parts of the
zoning code: 1305.04 — Definitions, 1320.01 — Zoning Map, 1320.04 — Purpose of Districts,
1320.05 — Land Use Chart, 1320-06 — District Requirements Chart, and 1320.135 — Special
Requirements for the Mixed Residential and Mixed Business Districts. She reviewed each of
these changes in detail. She reviewed the TCAAP planning process including the PUD Concept
Plan, the PUD Master Plan, and the PUD Final Plan and the 11 PUD components that will be used
to guide design and expectations. The Planning Commission voted (6-1) to recommend the
proposed TCAAP regulations at their June 9 meeting. The Planning Commission recommended
four items for amendments or additional research: review the definition for "daycare facility" and
"schools, general education"to ensure that there was clear distinction between the two definitions,
add words "or leased in its entirety" to the definition of"residence hall, dormitory", review the
definition for Office showroom and Office warehouse, both of which are limited to no more than
15%of the building floor area in the mixed business district, and review suggestions from Mr.
ARDEN HILLS CITY COUNCIL—June 28, 2010 7
7.D. TCAAP Zoning Regulations (continued)
Lyle Salmela for the Environmental Sustainability section for possible incorporation into the
zoning regulations. Except for Mr. Salmela's suggestions, the proposed changes have been
incorporated into the proposed TCAAP zoning regulations. Based on comments provided at the
Planning Commission meeting and additional research, Staff has prepared possible additions that
can be incorporated into the proposed TCAAP zoning regulations. The potential additions can be
added by the City Council with a motion for approval. She reviewed each of the four options for
possible addition in the regulations. Although this application does not have a legal deadline, the
City's goal is to have the TCAAP land use regulations adopted prior to the TCAAP public
auction, which is anticipated to take place in July or August 2010.
Community Development Director Lehnhoff stated the City has tentatively agreed to limit the
park dedication requirement to 10%. This is made on the contingency that Ramsey County would
receive the park and open space. If for some reason Ramsey County does not receive this land,
the City will still have the option to consider options that would be greater than 10%. He also
stated the consultant attorney; Ms. Jean Coleman, expressed concerns with the City prohibiting
Houses of Worship based on the Federal Religious Land Use and Institutionalized Persons Act
(RLUIPA). She recommends allowing Houses of Worship in both the mixed-residential (MR)
and mixed-business (MB) districts.
Councilmember McClung asked for clarification on what is considered passive design. He also
clarified that buildings that are 15,000 square feet or smaller are recommended to meet the green
building requirements and those buildings that are greater than 15,000 square feet are required to
meet the green building requirements.
Community Development Director Lehnhoff stated passive design is a type of architectural
design and examples of this type of design would include things like orientating a building to
utilize daylight or air flow to decrease utility needs.
Mayor Harpstead stated these requirements and standards are all part of the PUD process and are
considered negotiable.
Councilmember McClung clarified Option 2 builds upon the language of Option 1 by including
chain stores with more than 10,000 square feet or more as being required to meet two of the green
building requirements.
City Planner Beekman stated this was correct and the intent is to capture both franchise and
ownership chain stores. These regulations are also based on the building size not the individual
tenant sizes.
Councilmember Holden asked if the wording for green standards should also include new and
evolving technologies so as not to limit the City.
Community Development Director Lehnhoff stated new technologies in green standards are
something that could be addressed during the PUD process and the current description in the
ARDEN HILLS CITY COUNCIL—June 28, 2010 8
7.D. TCAAP Zoning Regulations (continued)
regulations provides the City with a reference point. He stated that in Option 1, Subd. 11, Item 2,
the phrase "or other standards as approved by the City" could be added.
Mayor Harpstead suggested adding: "at the City's discretion."
Mayor Harpstead suggested changing the first line of the Park Dedication requirement to say"up
to 450 acres". He asked if there would be sufficient land in the 10% if someone came in with 449
acres in order to accomplish the commitments the City has made in terms of connectivity.
Community Development Director Lehnhoff stated it is a minimal change in the "up to 450
acres." He suggested looking at the numbers closer before this change is made.
Mayor Harpstead suggested an alternative that would be up to 430 acres the rate would be 10%
and then change the scale to 431-450 acres to 15%.
Councilmember Holden asked where the Wildlife Corridor fits into this.
Community Development Director Lehnhoff stated the Wildlife Corridor was accommodated
in this calculation so that if for some reason this fell through the property is accounted for.
Mayor Harpstead stated he would not recommend changes to the brackets but would suggest
making it up to 450 acres.
Councilmember McClung stated he would be comfortable with this suggestion.
Mayor Harpstead asked if houses of worship could be limited to the mixed-business district
only.
Community Development Director Lehnhoff stated this would be possible but based on the
discussions with the City's consultant, the City would also need to be consistent and limit schools
and nursing homes to the mixed-business district as well. Ms. Coleman's recommendation was to
allow these types of uses in both the mixed-residential and mixed-business. The City cannot
require a house of worship to go through a higher level of review than other businesses.
Mayor Harpstead suggested changing the Land Use Chart to: House of worship, Nursing home
and assisted living, School-general education, School-higher education, and School-special
education to be a Conditional Use (C) in the mixed-residential and a Permitted Use (P) in the
mixed-business district.
MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to
Approve Ordinance 2010-010 in Planning Case 10-009 Amending Sections
1305.04, 1315,01, 1320.04, 1320,05, and 1320.06 of the City Code and Adding
Section 1320.135 to the City Code Regarding the TCAAP Zoning Regulations
as Presented in the June 28,2010,„Report to the City Council, and Add Option
1, Option 2, Option 3, and Option 4 with the following adjustment Option 1,
ARDEN HILLS CITY COUNCIL—June 28, 2010 9
7.D. TCAAP Zoning Regulations (continued)
Subd. 11, Item 2, the phrase "or other standards asapa ,.approved by the City and
at the City's discretion" is added after passive design, changing the first line
of the Park Dedication requirement to say "up to 450 acres", and Authorize
the Publication of a Summary Ordinance 2010-010,,
Councilmember McClung stated he is comfortable with limiting the house of worship, nursing
homes, and schools to the mixed-business district as long as the City's consultant Jean Coleman
does not see any problems with this.
Councilmember Holden stated the City has hired an attorney to review this and she is suggesting
the City allow these facilities in both the mixed-residential and the mixed-business districts. She
suggested the Council follow this advice.
Community Development Director Lehnhoff clarified Ms. Coleman was suggesting this as a
way to ensure there would be no future problems but also stated that as long as these facilities
were being treated the same as nursing homes, schools and other similar uses, the chances of
creating an issue are decreased. He stated he could review this with the consultant prior to
publication and if there were any other concerns with this he would bring it to Council.
MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to
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amend 0 tio n 4 and the Use Chart to read: House of worship, Nursing
home and assisted living, School-general education, School-higher education,
and School-special education to be a Conditional Use (C) in the mixed:
residential and a Permitted Use (P) in the mixed-business district. The motion
carried unanimously (4-0).
Councilmember Holmes asked if the wording for Option 4 would be contingent upon the review
of the City's consultant.
Community Development Director Lehnhoff stated Staff would use the language that is
approved at this meeting but will wait to publish the ordinance until Staff has heard back from the
consultant. If the consultant expresses concerns these will be brought back to the Council for
review.
Councilmember McClung expressed his thank and gratitude to Community Development
Director Lehnhoff and City Planner Beekman for their work on this project and presenting a well
written document to the City.
Mayor Harpstead stated he would like to include all the Committees and Commissions that
worked on these regulations as well.
The amended motion was called to a vote.
The motion carried unanimously (4-0).
ARDEN HILLS CITY COUNCIL—June 28, 2010 10
8, UNFINISHED BUSINESS
None.
9. COUNCIL COMMENTS AND REQUESTS
Councilmember McClung stated the Council had established a public hearing for the I-694
project on August 9, 2010. He encouraged those interested in the project to attend.
Councilmember Holden stated she had noticed an increased sheriff s presence in the community
and thanked those involved in making this happen.
City Planner Beekman stated she had attended a meeting regarding the Arden Hills Public
Library. The board discussed the two options they have at this time. Option 1 is to close the
current library location and relocate it to the New Brighton Community Center and Option 2 is to
close the current location and relocate it to Presbyterian Homes when they do their project. The
board reviewed the feasibility report for option 1 and will be doing more research on Option 2 and
discussing this at a future meeting.
ADJOURN
MOTION: Councilmember Holden moved and Councilmember McClung seconded a
motion to adjourn, The motion carried unanimously(4-0)_
Mayor Harpstead adjourned the Regular City Council Meeting at 8:26 p.m. -
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