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HomeMy WebLinkAbout11-30-09- R --A EN HILLS Approved: January 11, 2010 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 30, 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 Member David Grant, Brenda Holden, Dave McClung, and Fran Holmes Not Present: None. Also present: City Attorney Jerry Filla; City Administrator Ronald Moorse; Finance Director Sue Iverson; Public Works Director Gregory Hoag; Community Development Director James Lehnhoff; Parks and Recreation Manager Michelle Olson; City Planner Meagan Beekman; Jerry Hromtka, Northwest Youth and Family Services; Doug Schroeder, Northwestern College; Julie Eddington, City Bond Attorney from Kennedy & Graven; Derrek Hames and Steve Trueman, representing Clearwire Wireless, LLC; John Wertish, Community Relations Manager, Xcel Energy; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Harpstead requested item 7F, A Report on the November 10, 2009 Closed Council Meeting be added and he requested that item 4B be pulled from the Consent Calendar. Councilmember Holden requested that item 4D be pulled from the Consent Calendar. ARDEN HILLS CITY COUNCIL—November 30, 2009 2 T Approval of Agenda (continued) Councilmember Holden asked to verify that there was no cost impact to the City from item 4E; A Resolution Requesting a Variance From Standards for State Operations, Old Snelling Avenue Trail — CP Rail Underpass, State Aid Project 187- 020-013. Parks and Recreation Manager Michelle Olson clarified that there is no fee for the variance application. MOTION: Councilmember Grant moved and Councilmember McCIun seconded a motion to approve the agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL A. Presentation by Northwest Youth and Family Services Mr. Jerry Hromtka, Northwest Youth and Family Services, provided the Council with background information regarding what Northwest Youth and Family Services is and what they do for the community. He reviewed what the contribution from the City is used for and what changes have occurred this year including the completion of the Discovery Center. He also reviewed their request to have the City approve a new contract. Councilmember Holden stated that Northwest Youth and Family Services also operates Penny Pinchers, which is similar to Goodwill. Due to increased sales they are looking for donations and would be willing to pick up large items. She also stated that the Senior Chore Program was a great way for seniors to get assistance with chores such as shoveling snow and anyone that is interested should contact Northwest Youth and Family Services, Mayor Harpstead stated that Northwest Youth and Family Services was a great asset to the community. B. TCAAP Update City Administrator Ronald Moorse stated that the TCAAP bidders' conference was on November 18 and a full attendance list will be on the GSA's websitc. There was considerable discussion about the license agreement and how it would facilitate the remediation of the site. The licensing criteria and timeline for environmental remediation has not been established yet. Mike Fix, representing the Army, stated ARDEN HILLS CITY COUNCIL—November 30, 2009 3 2B. TCAAP Update (continued) that the Army has not budgeted any additional funds for cleanup at TCAAP. The property is being sold as-is. A conference call was held with Kevin Legare of the _ GSA on Monday, November 23 to review the bidders' conference and to discuss next steps in the public sale process. Mr. Legare anticipates another bidders' conference in the spring in conjunction with a more substantial marketing effort. The next GSA conference call is scheduled for Monday, December 7, 2009. Public Mayor Harpstead opened the public inquiries/informational at 7:20 p.m. Ms. Dorothy McCIung, 4370 N. Snelling Avenue, Arden Hills, expressed her concerns about the proposed property taxes for Arden Hills for 2010 increasing by 11%. She stated that from 2007 to 2010 her property taxes have increased by 50% in four years which is an average of 12% per year and she suggested that all property owners in Arden Hills look at their proposed taxes for 2010 before the Truth in Taxation hearing in two weeks. Mayor Harpstead closed the public inquiries/information at 7:25 p.m. 3. APPROVAL OF MINUTES A. October 12, 2009 TCAAP Worksession Councilmember Holden requested that the phrase "excused" be removed from after City Attorney Jerry Filla in the absent section. Councilmember Holmes requested on page 5, the sixth paragraph, the first sentence, the phrase "the motorcross sports group" be changed to "a group" and also insert the phrase "building a race track on" before "the TCAAP property". B. October 19, 2009 Special Council Meeting Councilmembcr Holden requested that the phrase "excused" be removed from after City Attorney Jerry Filla in the absent section. C. October 19, 2009 Worksession Councilmcmber Holmes requested on page 4, the fifth paragraph under Council Comments and Requests, the second sentence should be stricken. ARDEN HILLS CITY COUNCIL—November 30, 2009 4 3C. Approval of Minutes - October 19, 2009 Worksession (continued) Councilmember Holden requested that the Also Present section of the minutes be put back into a paragraph format instead of listing each person on a separate line. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the October 12, 2009 TCAAP Worksession minutes the October 19 2009 Special Council Meetine minutes, and the October 19, 2009 Worksession minutes_ as amended. The motion carried unanimously, ( 4. CONSENT CALENDAR A. Claims and Payroll B. Metion to Appreve the Renewal Agfeement with Northwest yetAh en C. Motion to Approve Cancellation of the December 28 City Council Meeting and the December 23 TCAAP Worksession D. Metion to Adopt the Park Beneh Donation Program Poh-ey E. Motion to Adopt Resolution No. 2009-035: A Resolution Requesting a Variance From Standards for State Operations, Old Snelling Avenue Trail — CP Rail Underpass, State Aid Project 187-020-013 F. Motion to Approve Payment #2 (Final Payment) to Pearson Bros., Inc. of Hanover, Minnesota, in the Amount of $4,834.97 for the 2009 Crack Repair and Seal Coat Project MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimous) (5-0). 5. PULLED CONSENT ITEMS A. Motion to Approve the Renewal Agreement with Northwest Youth and Family Services for a 5 Year Term Beginning January 1, 2010 and Expiring December 31, 2014 Mayor Harpstead clarified that the Addendum referenced under Terms and Conditions, Item B was not included with the contract. He also requested that the City Participation figure for 2010 be confirmed because Mr. Hromtka stated that this figure would be less in 2010 than it was in 2009 and this is not reflected in this ARDEN HILLS CITY COUNCIL—November 30, 2009 5 5A. Renewal Agreement with Northwest Youth and Family Services for a 5 Year Term Beginning January 1, 2010 and Expiring December 31, 2014 (continued) document. He clarified that he would like to have these items before signing the agreement. MOTION: Mayor Harpstead moved and„Councilmember McClung seconded a motion to Approve the Renewal Agreement with Northwest Youth and Family Services for a 5 Year Term BeLyinnin January 1, 2010 and Expiring December 31, 2014 pending the requested documentation being provided and the amount of the contract being verified. The motion carried unanimously (5-OZ B. Motion to Adopt the Park Bench Donation Program Policy Councilmember Holden stated the brochure was well done but there was still some language work that could be done. One of the areas that she recommended the PTRC review was the price of the plaque because $150.00 seemed to be expensive. MOTION: Councilmember Holden moved and Councilmember Holmes seconded .a motion to Table the Bench Park Donation Program Policy for additional information and language changes. The motion carried unanimously (5-0). 6. PUBLIC HEARINGS A. Northwestern College Public Hearing for Conduit Issuance Finance Director Sue Iverson stated Northwestern College is requesting financing for a new facility, Community Life Commons, for its campus. The maximum amount of financing requested is $9,000,000. The zoning for this project is under the terms and conditions of the PUD agreement between the College and the City approved in October, 2007. The City will be reimbursed and held harmless for all out-of-pocket expenses related to the financing according to the City's application process and the application filed. The City will receive 1/8 of 1% of the outstanding principal balance of the bonds annually. The City's bond counsel has reviewed the application and has filled out the required DEED application. After the public hearing, the Council will be asked to adopt Resolution 2009-036 giving preliminary approval to the proposed issuance of revenue notes under Minnesota Statutes, Sections 469.152 through 469.1651, as amended. ARDEN HILLS CITY COUNCIL—November 30, 2009 6 6A. Northwestern College Public Hearing for Conduit Issuance (continued) Mayor Harpstead opened the public hearing at 7:35 p.m. Mayor Harpstead closed the public hearing at 7:36 p.m. 7. NEW BUSINESS A. Motion to Approve Resolution 2009-036: A Resolution Giving Preliminary Approval to the Proposed Issuance of Revenue Notes under Minnesota Statutes, Section 469-152 through 469.1651, as Amended Finance Director Iverson stated that upon approval of the Resolution this item will come before the Council for final approval at a later meeting. Councilmember Grant requested a presentation from the City's bond counsel to explain conduit financing. Ms. Julie Eddington, Kennedy & Graven, explained that the College has requested that the City provide an opportunity to have tax exempt financing. The City issues the debt and the City is not responsible for the debt itself. This does not have any effect on the City's ratings or its ability to issue bank-qualified debt for this year or next year. The City will issue the debt on behalf of the College and the College will take all responsibility to pay the debt and all responsibility to obtain a lender. Councilmember Grant clarified that the City was not responsible for the repayment of these funds. He asked if the student union project at Northwestern College was going to cost $9,000,000. Ms. Eddington stated that there projected amount for this project was $8,000,000 but they are requesting a maximum of$9,000,000. Councilmember McClung asked why this issue would be brought before the Council again for approval. ARDEN HILLS CITY COUNCIL—November 3 0, 2009 7 714. Resolution 2009-036 (continued) Ms. Eddington explained that the public hearing was held tonight under the statute that the bonds are being issued under. Once this public hearing is over and the _ Resolution is adopted by the City Council this will be sent to the State of Minnesota. There will be an approval received from the Minnesota Department of Employment and Economic Development (DEED). They will need to approve the issuance of these bonds before the City can give final approval. This item will be brought for final approval at a City Council meeting and a final Resolution where the City will have an opportunity to look at the documents and approve the final form of the documents and final form of the bonds. Councilmember McClung asked if this was something different from previous conduit financing the City had done. Finance Director Iverson stated that this was coming before the City Council a third time because of the DEED application. Ms. Eddington stated that this request is subject to different statutes than previous conduit financing requests. MOTION: Councilmember Grant moved and Councilmember McClung _ seconded a motion to Approve Resolution 2009-036: A Resolution Giving Preliminary Approval to the Proposed Issuance of Revenue Notes to Northwestern Colle e under Minnesota Statutes Section 469-152 throuLyh 469.1651 as Amended. The motion carried unanimous) 5-0 . B. Motion to Direct Staff to Move Forward with the Proposed Design for the Elmer L. Anderson Memorial Trail Signage and Authorize Staff to Proceed into the Production of Detailed Sign Specifications to Allow for Accurate Quotes and Final Review Parks and Recreation Manager Olson stated at the December 11, 2006 Regular City Council Meeting, the City Council passed Resolution 06-62 Designating the Elmer L. Anderson Memorial Trail (EAMT). The Parks, Trails and Recreation Committee (PTRC) recommended that in the future this trail should receive signage to designate and identify it. This item had been delayed several times in order to consider signage for the entire trail system. At the City Council work session where CIP items were reviewed in July, the City Council determined that they were not in ARDEN HILLS CITY COUNCIL—November 30, 2009 S 7B. Elmer L. Anderson Memorial Trail Sign Design (continued) favor of placing signage on the entire trail system and gave direction to the committee to focus on the Elmer L. Anderson Trail and on those trails that are _ difficult to identify as City operated. Since that time, Staff has been working with Derrek Hames on a design for the EAMT. In November of 2007, Ramsey County Parks and Recreation designated a portion of trail from Tony Schmidt Regional Park to County Road E2 as the Elmer L. Anderson Memorial Trail and have proposed to extend that to Mounds View High School in the Future. The Director, Greg Mack, has indicated that the County would be interested in looking at the approved City EAMT design and may consider installing something similar on their portion of the EAMT. Mr. Derrek Hames, 1839 Venus Avenue, Arden Hills, described the sign design and the difference between a regular trail sign and a memorial sign. He provided the Council with a three dimensional scale of the proposed signs. Councilmember Grant stated that the wording on the six-foot scale could not be read. He asked what this would say. Mr. Hames clarified that the final wording would be a story or brief history about Elmer Anderson and/or the trail. This portion has not been finalized. The model only shows where the final copy would be placed. Parks and Recreation Manager Olson stated the primary entrance signs would be placed at Cleveland Avenue and Glen Paul and the secondary sign would be at Indian Place and County Road E. Councilmember Holden asked what would be included in the $15,000 that was budgeted for this item. Parks and Recreation Manager Olson stated the $15,000 is an estimate that the PTRC is trying to meet. Until there are more specifications regarding the signs an accurate quote cannot be obtained. Councilmember Holden asked if the parks portion of the sign would be permanent or if they would be able to change this portion based on the City's trail system and future changes. Mr. Hames stated that this portion would be removable and could be changed. ARDEN HILLS CITY COUNCIL—November 30, 2009 9 7B. Elmer L. Anderson Memorial Trail Sign Design (continued) Councilmember Holden asked what type of material is being proposed for the signs. Mr. Hames stated that it would be an aluminum frame and metal skin. It will be durable and all the environmental and safety concerns will be put into the construction. The sign is expected to be durable and last several years. Councilmember Grant asked what type of maintenance would be required. Mr. Hames stated that the design is such that ice, rain and snow will not collect on the surfaces. The product is LTV protected. The only other maintenance would be potentially cleaning the sign panels occasionally. Councilmember McClung stated that the design is unique and this is what the City is looking for. There had been some thought that the designation of the trail would continue through Tony Schmidt Park up through the underpass. He asked if Staff had talked to Ramsey County about the design of the signs and if they had any objections to the design or if they would be comfortable with continuing with the same design along the County portion of the. trail. Parks and Recreation Manager Olson stated that Staff has had multiple discussions with Greg Mack of Ramsey County and he is open to discussing similar signage for their section of the easement. But he wanted the City to go through the process first and then bring the design concept to the County for review. He prefers to wait until the City has decided what design they would like. Councilmember Holden stated concerns with the small trail identification sign located on Cleveland Avenue and County Road D since this is where a City sign is going to be designating the start of the trail in Arden Hills. She also asked where the other small trail identification signs would be located. Parks and Recreation Manager Olson stated that the smaller memorial trail identification sign could be moved further down the trail away from the gateway sign or not have one at this site. This could be determined at a later time. As far as the other smaller trail signs the PTRC originally had twelve locations identified. There are several areas along the trail that a person could enter that would not identify this as the Elmer L. Anderson Memorial Trail. One of these locations would be at New Brighton and Stowe Avenue because this is where the trail crosses the street. The PTRC has determined that they do not need twelve signs but have suggested six signs along the trail. This number can also be adjusted ARDEN HILLS CITY COUNCIL—November 30, 2009 10 7B. Elmer L. Anderson Memorial Trail Sign Design (continued) as well. Another idea that the PTRC had was to add benches along the trail that may have an emblem or other identifying marker that designates the trail. Councilmember Holden asked who maintains the lawns where these small trail signs will be located. Parks and Recreation Manager Olson stated the City Staff maintains these lawns. Most of the trail is City property. Mayor Harpstead asked if Staff had talked to the residents that live at the ends of the trail to find out what there thoughts are about the entrance signs. Parks and Recreation Manager Olson stated that Staff had not talked with them but the Chair does know the person that lives on Glen Paul and Cleveland and the PTRC chair had planned to contact them in the near future. Staff will be communicating with the residents once a design has been established. MOTION: Councilmember Grant„moved and Mayor Harpstead seconded a motion to Direct Staff to Move Forward with the Proposed Design for the Elmer L. Anderson Memorial Trail Si na a and Authorize Staff to Proceed into the Production of Detailed Sign Specifications to AIlow for Accurate Quotes and Final Review. Councilmember Holden asked if the PTRC would be involved in determining the quotes and language that is placed on the signs. Parks and Recreation Manager Olson stated that the PTRC would be involved with this. Councilmember Holmes stated that the design is good. She did state that the small trail identification signs were not necessary and should not be included. The City could use these funds for other things they are looking at doing. Councilmember McCIung agreed with Councilmember Holmes in that the City could do away with two or three more of the small trail signs. The motion was called to a vote. The motion carried unanimous) 5-0 . ARDEN HILLS CITY COUNCIL—November 30, 2009 11 C. Motion to Approve Planning Case 09-020 for a Conditional Use Permit at 2 Pine Tree Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Five Conditions as Presented in the November 30, 2009, Report to the City Council City Planner Meagan Beekman stated the applicants have submitted an application requesting a Conditional Use Permit (CUP) to install communications antennas and related equipment on the existing Country Insurance building at 2 Pine Tree Drive. The antennas would be located in the center of the building, on top of the penthouse roof structure, and would be a height of 73 feet. The related equipment would be located on the main roof structure. Clear Wireless LLC would lease the required space from Country Insurance. Country Insurance operates under an existing CUP; however, the permit does not address the use of antennas on the site. The Zoning Code requires a CUP for all new antennas to be located in the City. Councilmember McClung stated color maps would be helpful for the Council in understanding the difference in coverage based on the location being requested versus the water tower. Councilmember Holden stated the documentation that shows that the water tower will not work is not included in the information being presented to the Council. City Planner Beekman stated that this was part of Attachment C and included a letter from Steve Trueman and a coverage map. Mr. Steve Trueman, Clearwire Wireless LLC, stated that the only documentation that was requested was something showing why the water tower would not work and this is represented in the frequency coverage map. The towers need to be within a certain range of each other in order to provide optimal coverage and the water tower site did not meet the criteria that Clear Wireless was looking for in providing coverage for the area. Ultimately Clear Wireless would like to have three antenna sites in Arden Hills. Councilmember Holden asked what the City's policy was regarding antennas. City Planner Beekman stated that any alterations to antennas on any property need to have a building permit and this would be reviewed by the Building official. According to the Zoning Code all new antennas need to have a Conditional Use Permit regardless of where they are located and this includes the City water tower sites. ARDEN HILLS CITY COUNCIL—November 3 0, 2009 12 7C. Planning Case 09-020 (continued) Existing antennas and equipment can be updated and replaced without a Conditional Use Permit but they would have to have a building permit. Community Development Director James Lehnhoff clarified that the Vaughn tower that Mr. Trueman is looking into for an additional tower operates under an existing Conditional Use Permit, which allows them to have up to 31 antennas, and they are able to move the antennas without additional CUP approval. Mr. Trueman stated that Clear Wireless and Verizon have offered to clear away unused antennas on the Reiling Tower in an effort to bring it into compliance with the CUP they have. This would allow the room for Clear Wireless antenna to be added. Councilmember Holden stated she would not be able to support this antenna site knowing that it is dependant on the antenna being placed on the Reiling tower and this has not been approved yet. City Planner Beekman clarified that this application was for an antenna at 2 Pine Tree Drive only. Mr. Trueman clarified that if an antenna could not be placed on the Reiling Tower then Clear Wireless would have to redesign their network and may come back to the City with a proposal to build a tower. At this time there is no reason to believe that this site would not work out. Councilmember Holmes asked for clarification on the location of the towers that Clear Wireless is looking to utilize and the coverage differences if this configuration of towers is not approved. Mayor Harpstead stated that the diagrams that are being presented are not clear in what towers are active so it is difficult to determine what the coverage areas would be. Mr. Trueman clarified that maps that were provided to the Council and the coverage areas based on active towers. The maps and the network design were designed by RF Engineers. The RF Engineers also provided a letter that outlined what they would be loosing for coverage for the Council to review. Mayor Harpstead stated that the letter from the RF Engineer was not included in the information for the Council. ARDEN HILLS CITY COUNCIL—November 30, 2009 13 7C. Planning Case 09-020 (continued) Councilmember Grant asked if the RF Engineer was employed by Clear Wireless of if it was an independent person. Mr. Trueman stated the RF Engineer is an employee of Clear Wireless. Councilmember Grant clarified that he would like to see a letter from an independent RF Engineer that outlines the loss of coverage if there is not an antenna at 2 Pine Tree Drive and why the water tower would not work for this project. At this time he is not prepared to make a decision. The application also states that antennas need to be within a half mile of each other. He asked if Clear Wireless has submitted information that outlines the half-mile radiuses that they were working with. Mr. Trueman stated that this could be provided. Councilmember Grant asked what vendor Clear Wireless had an executed lease with at this time. Mr. Trueman stated that Clearwire had a lease agreement with the Von Tower. City Planner Beekman stated that this location is currently operating under a CUP that allows for new antennas and equipment to be placed there with a maximum number of 31 antennas. Councilmember Grant stated that since there was already an approval for the one location then he would have preferred to have the other two locations up for approval at the same time. Mr. Trueman stated that the City would not have to approve the third location. If Clearwire is not able to make something work then there would simply be a gap in the coverage in that particular area. Councilmember McClung stated that he would need to see a color version of the frequency map in order to evaluate it better and the back up documentation from the RF Engineer before he would be able to make a decision regarding this request. Mayor Harpstead clarified that the deadline to make a decision was December 22 in order to meet the 60-day review deadline. After that date the Council would need to extend this an additional 60 days. ARDEN HILLS CITY COUNCIL—November 30, 2009 14 7C. Planning Case 09-020 (continued) MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Table Planning Case 09-020 for a Conditional Use Permit at 2 Pine Tree Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Five Conditions as Presented in the November 30, 2009, Report to the City Council for Additional Information. The motion carried unanimously (5-0). Mr. Trueman clarified that the additional information that the Council was looking for is colored copies of the frequency maps and a letter from the RF Engineer. Councilmember Grant stated that he would like to a letter from an independent RF Engineer rather than one that is employed by Clear Wireless. Mr. Trueman stated that this can be requested. Mayor Harpstead stated that Council should address any questions they would like answered to City Planner Beekman so that the applicant can provide those answers. Community Development Director Lehnhoff stated staff could talk to Roseville to see if they have a consultant that they would recommend to take a look at it. This would be an expense for the applicant but Staff could get the information for Mr. Trueman. Mayor Harpstead directed Staff to talk to the people in Roseville to find out what is involved. Councilmember Holden asked if the property owner's signature was obtained. City Beekman stated that this would be provided once a lease agreement had been reached. D. Motion to Approve Ordinance 2009-014 and a Summary of Ordinance 2009-014 for the Natural Gas Franchise Ordinance with Xcel Energy as Proposed in the November 30, 2009, Memo to the City Council Motion to Approve Ordinance 2009-015 and a Summary of Ordinance 2009-015 for the Electric Distribution and Transmission Franchise Ordinance with Xcel Energy as Proposed in the November 30, 2009, Memo to the City Council. S ARDEN HILLS CITY COUNCIL—November 30, 2009 15 7D. Ordinance 2009-014 and Ordinance 2009-015 (continued) Community Development Director Lehnhoff stated Xcel Energy is the natural gas and electric service provider to properties in the City of Arden Hills. Ordinance 262, the natural gas franchise ordinance, and Ordinance 263, electric distribution and transmission franchise ordinance, were approved by the City on September 24, 1989. Both ordinances had twenty-year terms that expired on September 24, 2009. City Staff and the City Attorney have been working with Xcel to prepare updated franchise ordinances for review. While the franchise agreement is structured as an ordinance, it is legally considered a contract that requires approval from both parties. The franchise agreements only apply to the use of public right-of-way and public property, which includes public roads, parks, and trails. Electric or gas lines that cross private property are subject to the regulations in the underlying private easement. Councilmember Grant clarified that these ordinances would cover TCAAP. Community Development Director Lehnhoff stated this was correct. Councilmember Grant asked if Xcel was required to put utilities underground. Community Development Director Lehnhoff stated that the subdivision _ ordinance includes requirements for burying utilities. However, we will need to verify if that includes both distribution and transmission lines. Councilmember Holden asked how these ordinances would work regarding clear cutting of trees. Community Development Director Lehnhoff stated that the franchise ordinance itself does not cover communication or notification requirements and this is covered more in the right-of-way ordinance. The ability to trim trees or remove trees is a right that is provided to Xcel. City Attorney Jerry FiIla stated that generally when someone is granted an easement for a use they can continue to use that as long as they do not obstruct someone else. Trees and utility lines are things that are typically granted the right to maintain and a utility line is given primary use of the site. Councilmember Holmes asked if the City could add a requirement for notification when there will be tree trimming or clear cutting under Section 5. ARDEN HILLS CITY COUNCIL—November 30, 2009 16 7D. Ordinance 2009-014 and Ordinance 2009--015 (continued) Community Development Director Lehnhoff stated that this ordinance would not address the easements. The City has requested that Xcel contact the City in regards to future tree trimming activities. Councilmember Holmes stated that this could be added because this is a contract. Mayor Harpstead stated that clear cutting of trees is not covered by the contract and going forward does not look like it would be allowed. Mr. Wertish, Community Relations Manager for Xcel Energy, stated that trees are the number one concern for Xcel. The franchise deals with tree trimming in the public right-of-way. Transmission or high voltage wires serve regions and these are installed in easements and in order to ensure that these do not come into contact with trees clear cutting is necessary. Xcel does try to maintain a four-year cycle for trimming trees in the right-of-way. He acknowledged that Xcel could have done a better job of communicating with the residents of Arden Hills regarding the trimming and clear cutting that was done. Xcel will be doing a better job of communicating in the future. Councilmember Holden stated that the clear cutting that was done took out not only trees but also shrubs. All that is left is bare ground and there is no restoration done by Xcel. Mr. Wertish stated that it is their right to do this. Xcel does have arborists that can work with City Staff and residents to determine the correct vegetation to plant in the right-of-way and easements. Councilmember Holmes clarified that the document if front of the Council at this time deals with the right-of-way and tree trimming in that area and the clear cutting is done in easements. She asked if there was any way that people could be contacted who lived next to these easements. Mr. Wertish stated that the language being presented is the same language that is used in other franchises that Xcel has and it is for right-of-way. This assists with administration of these franchises. City Attorney Filla asked if Xcel follows the same notice process for public tree trimming as they would for private tree trimming. ARDEN HILLS CITY COUNCIL—November 30, 2009 17 7D. Ordinance 2009-014 and Ordinance 2009-015 (continued) Mr. Wertish stated that this was correct. The plans going forward included coming to the City and letting them know where they would be doing trimming before it starts. City Attorney Filla asked Community Development Director Lehnhoff if the City had existing regulations that dealt with the notice concerns. Community Development Director Lehnhoff stated that at this time the City did not address notice concerns regarding tree trimming specifically. City Attorney Filla stated that the franchise agreement stats that Xcel would have to comply with the City's ordinances. The City could adopt some local provisions for Xcel to follow in regards of how to notify adjacent property owners before they start the trimming. Community Development Director Lehnhoff clarified that this would be an ordinance update to the right-of-way ordinance to include a tree trimming notification requirement. City Attorney Filla stated that this was correct. Mayor Harpstead stated there is no obligation for regular or routine communication from Xcel to the City. The City is obligated to Xcel to communicate when they will be doing work in the City that may affect the utilities. Community Development Director Lehnhoff stated that the ordinance does state that they need to notify the City if they will be doing any work in the right-of-way, though it does not specifically state tree trimming. City Attorney Filla clarified that the franchise agreement incorporates the right-of- way regulations and this could be found in paragraph 2.1. Public Works Director Greg Hoag stated that when Xcel is doing work in the City right-of-way the City is notified. When Xcel is doing work in the County right-of-way the City is not notified. Mayor Harpstead asked if other public right-of-ways were included in the City's right-of-way ordinance. ARDEN HILLS CITY COUNCIL—November 30, 2009 18 7D. Ordinance 2009-014 and Ordinance 2009-01 S (continued) Community Development Director Lehnhoff stated that he would need to review this and get back to the Council. Councilmember Holden asked if there was a set schedule for maintenance for electrical lines. Community Development Director Lehnhoff stated that the City does not have a copy of a schedule. Mr. Wertish stated that they do not really have broad area maintenance plans. Overhead and underground wires do not typically require maintenance. Councilmember Holden stated that on County Road E there is a major electrical box. She asked what was going on in this area. Mr. Wordish stated that Xcel has looked at relocating this switch gear. There is a plan to move that box out of there but Xcel is still working on this. Councilmember Grant stated that Xcel had approached the City previously about replacing the high voltage wires that run from southern Arden Hills along the railroad tracks and past Bethal University. He asked if this project was still under consideration by Xcel. Mr. Wertish stated that Xcel is always doing planning on the transmission system but the project mentioned is not for sure at this time. Councilmember Grant stated that there are guy wires that go into a resident's backyard in Arden Hills. If this project does move forward he asked that the wires be straightened out so that the guy wires could be removed. Community Development Director Lehnhoff stated that he had received an e- mail from the engineer that was working on this project and it has been put on indefinite hold. Councilmember Holden asked if Xcel would be able to plant in those areas in the City that they did clear cutting since these areas are major trail sections. Mr. Wordish stated that Xcel will work with the City on planting appropriate vegetation along trails. ARDEN HILLS CITY COUNCIL—November 30, 2009 19 7D. Ordinance 2009-014 and Ordinance 2009-015 (continued) MOTION: Mayor Har stead moved and Councilmember Grant seconded a motion to Approve Ordinance 2009-014 and a Summary o_f Ordinance 2009-014 for the Electric Distribution and Transmission Franchise Ordinance with Xcel Energy as Proposed in the November 30, 2009, Memo to the Cites Council and Summary Ordinance 2009-015 for the Natural Gas Franchise Ordinance with Xcel Energy as Proposed in the November 30, 2009. Mayor Harpstead directed Staff to be sure the City ordinances are updated as necessary so that notification is clear and require feedback to the City from Xcel as well. He also asked Community Development Director Lehnhoff to gain access to their planning documentation. He asked Public Works Director Hoag to follow up with Xcel's arborist so that the City could begin to get proactive about making sure they have appropriate vegetation. The motion was called to a vote. The motion carried unanimously (5-0). E. Motion to Approve Renewal of the Ramsey County Sheriff's Department Agreement for Police Services City Administrator Moorse stated police services are provided in Arden Hills through a cooperative arrangement with the Ramsey County Sheriffs Department and six other cities. The City's current three-year agreement with the Ramsey County Sheriff's Department for police services expires on December 31, 2009. A new agreement with a three-year term beginning January 1, 2010 and expiring on December 31, 2012 is recommended by Staff. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to Approve Renewal of the Ramsey County Sheriff's Department AL7reement for Police Services. Councilmember McClung stated one of the goals of the Council this year was to better understand the police and fire protection services and contracts and this was not done before this contract came due. He expressed disappointment that with the long lead time in exploring options the City does not have any other options at this time. There are still some problems with the services they are getting and the amount of the contract. He will support this contract renewal at this time only ARDEN HILLS CITY COUNCIL—November 30, 2009 20 7E. Ramsey County Sheriffs Department Agreement (continued) because there are no other options for the City but would recommend that the City start exploring police protection options for the City. Councilmember Grant agreed with Councilmember McClung. Arden Hills is still paying for a portion of having a cruiser on Rice Street, which is not a part of Arden Hills. The City is also funding an additional Deputy, which was hired for the increased traffic on Interstate 694 during the construction. The construction has been stopped but the Power Deputy position is still being filled. The contract states that if the County budgets for something then the Municipality has to pay for it. Subd. D, items 3 and 4 are not favorable for the City. Councilmember Holden also agreed with Councilmember McClung and Councilmember Grant. She pointed out that Subd. A, Item La. does not reference the speed board and the City would not have had use of the speed board this year if they had not pushed the issue. She would like the speed board added to the contract with defined time allowances included. The City paid for a speed board and they should get use of it. Subd. A, Item l f. needs to have tougher language. She sited a recent example of identity theft and the residents of Arden Hills were not informed. Subd. D, Item 1 is not acceptable for the City. The City should have a dollar amount to ensure that there are no other expenses included that the city has not approved. She stated that she would not approve this contract at this time. Mayor Harpstead stated that Subd. E, Item 3 allows for additional law enforcement services. He asked City Attorney Filla since this was a renewal of an existing contract if this would end all existing agreements that have been put in place including the extra car on Rice Street and the additional Deputy. These items are not defined in the scope of services. City Attorney Filla stated that this agreement replaces the agreement that the City currently has. Mayor Harpstead clarified that if the City wanted the additional services such as the car on Rice Street the City would have to re-agree to those items. City Attorney Filla stated that this was correct. Councilmember Grant stated that these items are called out Subd. A, Item 5 specifies that the Municipality pays for those personnel that are included in the approved budget. The two items that the City is questioning are already budgeted ARDEN HILLS CITY COUNCIL--November 30, 2009 2t 7E. Ramsey County Sheriff's Department Agreement (continued) items so they are included in the approved budget so the City is responsible for paying for them. Mayor Harpstead clarified that if the County needs something over and above what is specified in the scope of services then they should come to the City for approval of those services. As the contract reads it does not say that the City agrees to the extra cars or extra personnel. Councilmember Grant disagreed with Mayor Harpstead. The City will still need to pay for those items because they have been included in the County's approved budget. Councilmember Holmes stated that the contract is too ambiguous and the Council should not approve it until they are clear on the language. City Administrator Moorse stated that the extra deputies are called out in the approved budget and would be paid for by the City. Mayor Harpstead asked if the services the City is receiving are listed in Subd. A, Item La to Item Lk. City Administrator Moorse stated that those services are included in the approved budget. The scope of services sets out a general level of services but it is not specific as to exact services. Mayor Harpstead stated that if the City wants the additional services then it would fall under Subd. E, Item 3, which allows the City to contract with the County for additional services beyond those agreed to in the contract. City Attorney Filla asked if the City had a copy of the County's approved budget. Mayor Harpstead stated that the County has not approved their budget for 2010 yet. City Attorney Filla asked what the line items were in the budget. City Administrator Moorse stated that the items in question are line items in the budget. ARDEN HILLS CITY COUNCIL—November 3 0, 2009 22 7E. Ramsey County Sheriff's Department Agreement (continued) Mayor Harpstead stated that there had been previous action taken by the City to approve those extra services and they were not part of the previous contract. Councilmember McClung stated the budget does not reset along with the agreement. The budget will reflect those services that were previously approved and any services that the City wants beyond those services would fall under the provisions in Subd. E, Item 3. Councilmember Holden asked if the users group had discussed the Rice Street car. City Administrator Moorse stated that it was only discussed in terms of it being included in the budget. The extra deputy for the traffic on Interstate 694 was taken out of the budget. Councilmember Holden stated that a supervisor was added last year as well. Councilmember Grant stated that there are contracting to have a vehicle in Arden Hills 24/7 and the City does not need to fund a vehicle outside of Arden Hills. Mayor Harpstead stated that the contract can be terminated with nine months _ notice prior to the end of the calendar year. City Attorney Filla stated that based on Subd. A, Item 1 and Subd. 5, Item 5 there should be similar items defined in the County's budget. Mayor Harpstead stated the County should allocate their budget based on the scope of services outlined in this contract. City Attorney Filla asked City Administrator Moorse if Subd. A, Item 1 was the same as other cities or if it was customized to Arden Hills. City Administrator Moorse stated that it is the same in all cities. City Attorney Filla asked if it could be determined by looking at the County's approved budget how much was being spent on each of the items listed in the scope of services. City Administrator Moorse stated this would not be the case. Their budget is not broken down by each of the items listed in the scope of services. He stated that he would get a copy of the budget so that the Council could review it. ARDEN HILLS CITY COUNCIL—November 30, 2009 23 7E. Ramsey County Sheriffs Department Agreement (continued) Mayor Harpstead stated the contract does allow the City disagree with a bill that includes services that are not included in the scope of services and not contracted separately. Councilmember Holmes disagreed with Mayor Harpstead. The contract points out that the Municipality will pay for those items in the County's approved contract. She stated that this should be resolved before the contract is approved. Councilmember McClung stated the Council should look at the budget line by line and only pay for those items they agree to. Councilmember Holden stated the City should also look at measurable outcomes because there is no way for the City to know that services are being provided 24/7 as the contract states. Councilmember Holmes asked if the City could limit the contract to one year. Mayor Harpstead stated this was a contract and the terms of the contract could be negotiated. He asked City Administrator Moorse if all cities were going through the contracts at the same time. City Administrator Moorse stated that this was correct. Councilmember McClung stated if the contract was approved for one year then the City would have time to look into the issues that were raised, it would allow protection to continue and it also allows the City an opportunity to explore other options. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Table Renewal of the Ramsey Countv Sheriffs Department Agreement for Police Services for information on what the County's budget is, feedback on a one year contract, more specific language for the issues brought up and have it tabled until the next City Council Meeting. The motion passed (4-1). Ayes --Councilmembers McClung, Grant, Holden, and Holmes Nays —Mayor Harpstead ARDEN HILLS CITY COUNCIL—November 30, 2009 24 F. Report on the November 10, 2009 Closed City Council Meeting Mayor Harpstead stated that there was no action necessary by the Council. The City Council had met in closed session to discuss City Administrator Ron Moorse and this was a follow up to a May, 2009 review session. These sessions had been facilitated by Harry Bruel. It was determined that City Administrator Moorse would seek alternative options and this was endorsed by a unanimous vote of the City Council. This decision was effective November 10 in closed session and the last day for City Administrator Moorse will be January 10, 2010. 8. UNFINISHED BUSINESS None. 9. COUNCIL COMMENTS AND REQUESTS Councilmember McClung stated the Give a Tree program sponsored by the Ramsey County Friends of the Parks is currently going on. This program does not replace the program in the spring but is another opportunity for residents to donate trees to the City's parks. ADJOURN MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to adjourn. The motion carried unanimousl 5-0 . Mayor Harpstead adjourned the Regular City Council Meeting at 9:40 p.m. De'// Susan K. Iverson A'�§ta�nea Acting City Administrator Mayor