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HomeMy WebLinkAbout09-27-10-RPLEDGE OF ALLEGIANCE ��EN HILLS Approved: October 25, 2010 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2010 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 Fran Holmes, Brenda Holden, David Grant, and David McClung. Absent: None Also present: City Administrator Patrick Klaers; City Planner Meagan Beekman; and Recording Secretary, Tina Borg. 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to Approve the Agenda as presented. The motion carried unanimously (5 -0). 2. PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP Reuse and Public Sale Update City Planner Meagan Beekman stated Mr. Legare, General Service Administration (GSA), has been traveling for the past week and has not been available for an update. In an e-mail sent by Mr. Legare he stated the LUCRD (Land Use Control Remedial Design) document has been approved and agreed to by the EPA and the MPCA and it is ready to be signed by the Army and GSA. This will allow the Army to set the land use restrictions of the Invitation for Bid (IFB) and the deed restrictions that would go against the property. They are still working on the IFB to incorporate these deed restrictions, the prequalifying criteria, and attachments that will go with it. The draft IFB will be forwarded to the City Council and Mr. Comodeca as soon as it is received. The GSA has verbally approved the license agreement between the County and the Army that will allow the County to access the property to begin the process of working with the MPCA to complete the VIC (Voluntary Investigation and Clean -up) program. The County Board is anticipated to review the agreement at their October 5 or October 12 meeting. ARDEN HILLS CITY COUNCIL September 27, 2010 2.A. TCAAP Reuse and Public Sale Update (continued) Councilmember Grant requested Staff send a letter to the neighboring cities to update them on TCAAP. Mayor Harpstead clarified that the auction or bid process would not happen until 45 -60 days after the IFB had been released to the public. PUBLIC Mayor Harpstead opened the Public Inquiries /Informational at 7:08 p.m. Mr. Matthew Frank, 4490 Hamline Avenue, Arden Hills, stated he purchased this home in May of 2010. He has submitted plans to City Planner Beekman for the construction of a new garage. This new construction is not proposed to encroach any further into the setback than it currently does. The only change to the existing garage footprint would be the length of the structure. This type of change still requires a variance request and Ms. Beekman had explained that the variance request would probably not be granted due to recent changes at the State level. He requested assistance from the Council on direction for proceeding with this request given the recent changes in the laws for variance requests. Mayor Harpstead stated the granting of variance requests by cities has been tightened due to the recent changes with the State law. He stated the Council would need to have an update on the law and its impacts at a future work session in order to better respond to Mr. Frank's questions and request. At this time the Council is not able to act on this request. City Planner Beekman stated the current plans were submitted in order to obtain a building permit. She let Mr. and Mrs. Frank know that the proposed structure would encroach on the required ten -foot setback and the City would not approve a new construction with this type of encroachment. Even though the current structure encroaches, the City could not allow an expansion of this non conforming structure. She stated she also explained the current situation with variances based on the changes at the State level. Staff is working on ideas and ways to handle these types of requests and will bring this information to a future City Council work session. She clarified Mr. Frank is not asking for a decision from the Council but rather direction on what they should do. Councilmember Holmes stated City Attorney Filla had presented information to the Planning Commission and the variance rule was not as confusing as it seemed. She recommended Mr. and Mrs. Frank proceed through the normal variance request procedure. Councilmember Holden stated changes might take place during the next legislative session, which begins in February. These changes might be more favorable to residents requesting variances. At this time it is unknown what changes would happen, if any, but it could be worth waiting until next year to find out. ARDEN HILLS CITY COUNCIL September 27, 2010 3 2. Public Inquiries /Informational (continued) Councilmember Holmes stated the laws did not change just the interpretation of the law and if the City would have granted this type of variance in the past then they should be able to grant this type of variance now. A decision would be hard to make at this time based on the information presented. She would recommend going through the process. Mayor Harpstead stated City Planner Beekman is the right person for Mr. and Mrs. Frank to work with. Staff would be able to council them on the next available steps. City Administrator Patrick Klaers stated Staff is trying to be careful not to waste Mr. and Mrs. Frank's time or money if, per state law, it is almost certain that the request will not be approved. Mayor Harpstead suggested Staff contact City Attorney Filla and find out what his recommendation might be in a situation similar to the one being presented and provide that information to the Council in the Admin Update. Mr. Dave Cmiel, 1861 West Highway 96, Arden Hills, requested the City Council look at ways to keep the City connected with the reconstruction on Highway 10 and County Road 96, Interstate 694 and Highway 35W. These roads could dissect the City into sections and the Council needs to look at ways to keep the City together when looking at giving Municipal Consent for the I -694 project. He provided the City Council with examples that could be considered to keep the City connected. Mayor Harpstead stated the City has approached the State about decommissioning the City's portion of Highway 10 but the State will not advocate this section of road being turned over to the County. Mayor Harpstead closed the Public Inquiries /Informational at 7:30 p.m. 3. APPROVAL OF MINUTES A. August 30, 2010, Regular City Council Meeting Councilmember Holden stated on page 6, paragraph 4, the last sentence should have a period at the end. Councilmember Holden stated on page 14, paragraph 6, the phrase "this vegetation" should be replaced with "the purple loose strife." Councilmember Holden stated on page 14, paragraph 11, the last sentence should have a period at the end. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the August 30, 2010, Regular City Council Meeting minutes as amended. The motion carried unanimously (5 -0). 4. CONSENT CALENDAR ARDEN HILLS CITY COUNCIL September 27, 2010 4 4. Consent Calendar (continued) A. Claims and Payroll B. Resolution 2010 -049: Resolution Appointing Election Judges and Absentee Ballot Board for the General Election 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 (5- 5. PULLED CONSENT ITEMS None. 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Planning Case 10 -010 for a Conditional Use Permit at 3900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Six Conditions in the September 27, 2010, Report to the City Council City Planner Beekman stated the applicant has requested a Conditional Use Permit (CUP) for AT&T to install two antenna assembly canisters, which would house three cellular antennas each. The Campus is located in the B -1 District. The antennas would be at a height of approximately 56 feet from the ground, and extend approximately nine feet above the roof of the building. The canisters would be located on top of an expanded HVAC screening wall and would be designed to blend in with the existing mechanical equipment on the roof. The applicants are also proposing to construct a ten foot by sixteen foot equipment shed that would be ten feet in height, and would be attached to the new building. The siding of the equipment shed would match the brick face of the existing building to which it would be attached. Since the Planning Commission meeting, a water main has been found in the proposed site of the equipment shed. AT &T is working with Bethel University on a slight modification to the location of the shed. Councilmember Holden asked if the proposed HVAC unit was the tallest structure on the building. She also asked if other providers would want to put antennas at this location. City Planner Beekman stated that she was not sure if the proposed unit was the tallest structure on the building. She also stated she was not able to speak to the intentions of other providers and their interest in putting antennas at this particular location. The proposal is for AT &T only. She stated she has not been in contact with any other providers interested in this location. Councilmember Grant asked if both of the proposed canisters on the building were needed. He also asked if other providers' equipment would be able to fit in the proposed shed. ARDEN HILLS CITY COUNCIL September 27, 2010 5 7.A. Planning Case 10 -010 for a Conditional Use Permit at 3900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Six Conditions in the September 27, 2010, Report to the City Council (continued) Mr. Ken Nielson, representing AT &T, stated both canisters were needed by AT &T to operate their system. The equipment shed that is being proposed is the smallest that AT &T could use to house their equipment. No other providers would be able to utilize the shed. He stated that AT &T did not have an exclusive contract with Bethel University and it would be at their discretion to discuss additional antennas with other providers. Councilmember Holden asked if the antennas in this location would fill a service gap for residents as well as the University. Mr. Nielson stated the primary purpose for these antennas in this location was coverage inside the buildings on campus. The system was designed to serve the University. Residents outside of the campus will benefit but not to the same degree as the campus. Councilmember Holmes stated the canisters would be seen from the street, especially in the winter when there are no leaves on the trees. The findings state there is no visual impact and this is not an accurate statement. City Planner Beekman stated she had driven around the perimeter of the campus and she was not able to see the portion of the building where the canisters would be located. She stated the findings could be adjusted if the Council chose to do this. Councilmember Grant stated this design is more appealing than the design AT &T brought forward previously. The canisters on the building will not stick out or draw a person's eye to them. This is a better solution and there is no reason to turn down this request. Councilmember Holmes asked who notices had been mailed to for the Planning Commission public hearing regarding this request. City Planner Beekman stated Staff followed the City's Code and sent notices to all neighboring properties within 350 -feet of the campus which is the minimum distance required by State Statute. Councilmember Holmes suggested Staff look into the minimum distance and potentially increasing this. She stated there might have been more residents interested in this proposal if they had been notified. City Planner Beekman stated Staff could look into what other cities in the area are doing and bring this back to the Council. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to Approve Planning Case 10 -010 for a Conditional Use Permit at 3900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as ARDEN HILLS CITY COUNCIL September 27, 2010 6 7.A. Planning Case 10 -010 for a Conditional Use Permit at 3900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Six Conditions in the September 27, 2010, Report to the City Council (continued) Amended by the Six Conditions in the September 27, 2010, Report to the City Council. The motion carried unanimously (5 -0). B. Community Development Director Appointment City Administrator Patrick Klaers stated the City received 52 applications for the Community Development Director position. Staff reviewed the applications and selected four (4) candidates to be interviewed. The Finance Director, the Public Works Director and City Administrator conducted these interviews. After the interviews, it was determined that Jill Hutmacher was the unanimous choice to be the City's next Community Development Director. A background check is being completed by Midwest Government Advisors. Prior to the Council meeting tonight, each Councilmember had an opportunity to meet individually with Ms. Hutmacher. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Approve the Hiring of Jill Hutmacher as the Arden Hills Community Development Director at Grade 11, Step 7 ($88,219) of the City's Compensation Program and That the Employment Proposal include the Severance Pay condition as outlined in the September 16, 2010 memo. Councilmember McClung stated in the past he has voted in favor of offering severance packages for the City Administrator and this is a decision he has come to regret. He stated he believes in pay for performance and would rather pay Ms. Hutmacher a higher wage than offer a severance package. He stated he does not believe severance packages are appropriate for public positions and the proposed package is too generous. Ms. Hutmacher is an outstanding candidate and he looks forward to working with her but he cannot support offering a severance package for this position. Councilmember Holmes stated the severance was discussed at the last City Council work session. She stated she spoke to the Public Works Director and the Finance Director regarding the severance package being offered to Ms. Hutmacher and they were comfortable with the City's decision. Ms. Hutmacher is the best candidate for the position and offering a severance package will ensure her accepting the position. Councilmember Holden stated she agreed with Councilmember Holmes. She pointed out that starting Ms. Hutmacher at the top of the pay grade would put additional financial burdens on the City versus the potential for paying a severance package. Staff agrees that Ms. Hutmacher is the best candidate and if Ms. Hutmacher wants to have a future with Arden Hills, she will support offering a severance package. Councilmember Grant stated if the Council fixated on just the severance package this would be short sighted. Ms. Hutmacher brings several skills and assets to the City. He is confident that Ms. Hutmacher will perform well for the City and be a great asset. The Council should focus on what Ms. Hutmacher brings to the City and what the City needs rather than on a severance package that may never be needed. ARDEN HILLS CITY COUNCIL September 27, 2010 7.B. Community Development Director Appointment (continued) Mayor Harpstead stated he agreed with Councilmember Grant and he is excited about the opportunity to bring Ms. Hutmacher to the City of Arden Hills. What Ms. Hutmacher brings to the community outweighs the potential for having to pay a severance. The motion was called to a vote. 8. UNFINISHED BUSINESS None. 9. COUNCIL COMMENTS AND REQUESTS Councilmember Grant stated the Safe route to School Trail includes a crosswalk for the library. A sign for cars does not indicate a crosswalk in this location. He stated the painting is not enough and suggested a sign be placed in this location as well. Councilmember Holden requested an update from City Planner Beekman on the communications equipment in the Council Chambers. City Planner Beekman stated the City has been experiencing sporadic difficulties with sound in the Council Chambers. Staff has reviewed the problems and there has been new equipment installed and other equipment repaired. Comcast was also having some difficulties in the area and the City has been working with them to resolve this problem. There has also been a new projector installed in the Council Chambers. There is some additional wiring that needs to be done to finish all the upgrades and additions but at this time it appears the issues with the broadcast sound have been resolved. ADJOURN MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to adjourn. The motion carried unanimously (5 -0). Mayor Harpstead adjourned the Regular City Council Meeting at 8:06 p.m. e eeii5 Patrick Klaers City Administrator The motion carried (4 -1) Ayes: Mayor Harpstead, Councilmembers Holmes, Grant and Holden Nays: Councilmember McClung Stanle arp tead Mayor