HomeMy WebLinkAbout10-23-17-R '�Tt
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Approved: November 13, 2017
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
OCTOBER 23,2017
7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City
Council meeting at 7:00 p.m.
Present: Mayor David Grant, Councilmembers Brenda Holden, Dave McClung and
Steve Scott
Absent: Councilmember Fran Holmes (excused)
Also present: City Administrator Bill Joynes; Public Works Director/City Engineer Sue
Polka; Senior Planner Matthew Bachler; Interim Director of Finance and Administrative
Services Dave Perrault; and City Clerk Julie Hanson
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
MOTION: Councilmember Holden moved and Councilmember McClung seconded a
motion to approve the meeting agenda as presented. The motion carried
unanimously (4-0).
2. PUBLIC INQUIRIESANFORMATIONAL
Elizabeth Garski, 1795 Lake Valentine Road, commented on the proposed school district
referendum. She provided a packet of information to the Council and discussed how enrollment
was on the rise in the school district. She questioned why more rooms were needed when
enrollment was the same as 2000. She reported that she would be bringing these and other
concerns to the school board as well.
Richard Wenzel, 1931 Noble Road, commented on City Ordinances that were not being
enforced. He stated he spoke to the City Administrator regarding this concern and has not
received a return call. He asked the City Council why its Ordinances were not being enforced.
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 2
City Administrator Joynes recalled speaking with Mr. Wenzel regarding this concern and stated
he had spoken to Dave Scherbel, Building Official, but that Mr. Scherbel recently had a family
tragedy, so they were not able to continue the conversation. He apologized for not following up on
the matter with Mr. Wenzel. He reported he would be in touch regarding this matter.
Mr. Wenzel indicated he wanted to see the City take action.
City Administrator Joynes stated he would meet with Mr. Wenzel in order to address his
concerns and to work to bring the property in question into compliance.
Mayor Grant directed staff to speak with Mr. Wenzel in the next two weeks and to place this
item on the agenda on the November 13 City Council meeting.
Liz Johnson, 1525 Glen Hill Road, asked if she could speak to the Council regarding the Johanna
Marsh Playground.
Mayor Grant explained it was the practice of the Council to not take comments for items on the
agenda.
3. STAFF COMMENTS
A. Rice Creek Commons(TCAAP)and Joint Development Authority(JDA)Update
City Administrator Joynes provided an update on TCAAP stating the JDA met last week and
received an update from County staff concerning a number of issues. He noted the Amazon
proposal was transmitted on October 17. He expected the list of candidates for the new
headquarters would be pared down in the coming months. He explained the MDA between the
County and Alatus was still being discussed. He reported the MDA had a drop-dead date in
March of 2018. He discussed a stormwater grant that had been applied for the TCAAP project.
B. County Road I/Old Highway 8 Update
Public Works Director/City Engineer Polka reported Old Highway 8 was now open north of
County Road H. She discussed the ramps that were now open and explained County Road I was
closed for work on the roundabout.
4. APPROVAL OF MINUTES
A. September 18, 2017 City Council Work Session
B. September 25, 2017, Special City Council Work Session
C. September 25, 2017 Regular City Council
MOTION: Councilmember McClung moved and Councilmember Holden seconded a
motion to approve the September 18, 2017, City Council Work Session
meeting minutes, September 25, 2017, Special City Council Work Session
meeting minutes; and September 25, 2017, Regular City Council meeting
minutes as presented. The motion carried unanimously (4-0).
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 3
5. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item -Claims and Payroll
B. Motion to Approve Development Fee and Utility Rate Study—Ehlers, Inc.
C. Motion to Accept 1016 Third Quarter Actuals
D. Motion to Approve Resolution 2017-040 Designating 2018 Polling Places
E. Motion to Approve Resolution 2017-041 Authorizing the Application for
Recycling SCORE Grant Funds from Ramsey County
F. Motion to Approve Resolution 2017-042 Authoring the Submittal of a Minnesota
Investment Fund State Funded RLF Request for One-Time Exception
G. Motion to Approve Master and Final Planned Unit Development Agreement with
Hawkeye Hotels for Marriott Springhill Suites at 3920 Northwoods
H. Motion to Authorize the Purchase of a 2017 Towmaster Trailer
I. Motion to Authorize the Purchase and Installation of Case Loader Tires
J. Motion to Approve Final Payment No. 4 — Lift Station No. 11 Rehabilitation
Project
K. Motion to Approve the Scope and Fee for Final Design and Bidding Services for
County Road F Watermain
L. Motion to Authorize Sanitary Sewer Line Root Control Service
MOTION: Councilmember Holden moved and Councilmember McClung seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein.
Councilmember Scott asked if the City received a rebate on the Case Loader Tires.
Public Works Director/City Engineer Polka stated the City was able to receive a rebate.
The motion carried unanimously (4-0).
6. PULLED CONSENT ITEMS
None.
7. PUBLIC HEARINGS
A. Highway Improvements for State Project 6205-39—US 10, I35W to CR96
Public Works Director/City Engineer Polka stated on August 24, 2017, staff received the final
layout for Highway Improvements for State Project 6205-39 US 10, I35W to CR 96. MnDOT is
requesting City approval (municipal consent) for the project under Minnesota Statutes 161.162
through 161.167. The City has certain responsibilities with regard to municipal consent of the
project, the first of which is scheduling a public hearing. On September 11, 2017, the City Council
adopted Resolution 2017-028 ordering a public hearing to be held on October 23, 2017.
Public Works Director/City Engineer Polka reported within 90 days of the Public Hearing
(January 22, 2018), the City must pass a resolution either approving or disapproving the project
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 4
layout. Note that this project does involve a noise wall vote at a later date from the people who
would receive benefit from the noise wall.
Mark Nelson, MnDOT North Area Manager, provided the Council with a detailed presentation
on the proposed project for 135W. He described how the corridor would be expanded and have
new access points. He reported all work would be coordinated with the MnPASS Project. He
anticipated work on this project would begin no later than the spring of 2019 and would be
completed that year. He discussed the noise wall option and reported those receiving benefit were
voting on this matter.
Mayor Grant requested further information on the noise wall voting process.
Natalie Reese, MnDOT, discussed the voting process for the noise wall noting it was somewhat
complicated. She explained a mailing was sent to all residents living along the freeway that
would benefit 5 decibels or more from a noise wall. She discussed how the votes were weighted
between residents and property owners. She stated a simple majority was required in order for the
noise wall to be installed.
Mayor Grant requested further comment on the proposed noise wall.
Ms. Reese described the noise wall height and design with the Council. She noted a 20-foot wall
was being proposed in three different sections. She commented on the location of the walls and
explained the gaps between the walls would provide freeway access.
Councilmember McClung questioned how far into Arden Manor votes would be taken.
Ms. Reese stated only a portion was included, approximately 200 to 300 feet behind the wall were
included. She reported the specific analysis was included in the sound analysis.
Councilmember Holden asked if the noise wall had to be 20 feet or nothing.
Ms. Reese reported the plans were for a 20-foot wall as this would provide the most noise
reduction. She explained if the majority supported a 15-foot noise wall this could be further
investigated by MnDOT and a revote could be conducted.
Councilmember Holden requested this information be fully communicated to the Arden Hills'
residents voting on the noise wall.
Mayor Grant questioned how empty lots within the manufactured home park would be handled.
Ms. Reese stated in general, if a home was not placed on a lot, a vote was not included.
Mayor Grant summarized the voting process and understood that the owners of Arden Manor
would have the majority of votes.
Ms. Reese reported this was the case.
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 5
Councilmember Holden was in favor of MnDOT contacting Arden Manor and its residents to
explain that a 15-foot noise wall was an option.
Ms. Reese explained she could be in touch with the Arden Manor owner to provide them with this
information.
Councilmember Scott asked if it was feasible the wall heights could differ.
Ms. Reese stated this could be feasible but noted the walls would still have to provide a five-
decibel reduction in noise or they would no longer be proposed.
Mayor Grant questioned how the votes were counted.
Ms. Reese indicated MnDOT needs a majority of votes casted to be in support of the noise wall in
order for the project to move forward.
Mayor Grant commented on how the proposed noise wall would negatively impact Big 10.
Ms. Reese reported Big 10 has been included in the noise wall process.
Mayor Grant He asked if MnDOT has ever purchased a business that would be put out of
business by a noise wall.
Mr. Nelson did not recall that MnDOT had ever purchased a business under these circumstances.
He explained this was not a reason for a taking.
Councilmember Holden commented further on how Big 10 has been adversely impacted by the
recent access changes that have been made by MnDOT.
Mr. Nelson stated MnDOT was proposing a safer access option for this business. He understood
that driving through Arden Manor was not a good option, which led MnDOT to pursue the slip
ramp option.
Councilmember Holden asked if Scherer Brothers would have enough space to get trucks out of
their facility.
Mr. Nelson explained Scherer Brothers would have an acceleration lane heading south on
Highway 10. He commented further on how Highway 10 was changing.
Mayor Grant questioned how MnDOT came to the conclusion a noise wall would reduce sound
by five decibels.
Ms. Reese described the traffic noise model process in detail with the Council. She noted five
homes have to receive a five-decibel reduction in noise in order for the wall to be effective.
Mayor Grant asked if the noise levels at Highway 10 and CR96 have been considered for a noise
wall. He discussed how the topography of this area impacted noise and noted there were homes
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 6
quite close to this intersection. He anticipated that traffic at this intersection would only be on the
rise.
Ms. Reese reported this intersection was outside the limits of this project. She explained MnDOT
looked at this area and there was less than a one decibel change between a build/no build
situation.
Mayor Grant requested MnDOT take a look at the actuals and not a forecasted model for this
intersection. He stated traffic through his City was going to increase which means there would be
more noise to the adjacent homeowners.
Mr. Nelson stated MnDOT could measure the noise in this area.
Councilmember Holden asked if the noise volumes were based on actual speed or posted speed
limits.
Ms. Reese stated a variety of speeds were chosen and noted actual data was used when it differed
from posted speed limits. She provided further comment on how the MnDOT worked to create a
fairly represented traffic noise testing model.
Mayor Grant commented on how the Highway 10/CR 96 flyover has become a favorite
intersection for truckers.
Mayor Grant opened the public hearing at 8:05 p.m.
Dave Cmeil, referenced his family's home located at 1861 West Highway 96, and thanked the
Mayor for bringing his concerns regarding the intersection of Highway 10/County Road 96 to
MnDOT's attention. He discussed the history of County Road 96 and commented on how this
roadway has evolved into a freeway. He believed that it benefited MnDOT to move traffic
through Arden Hills rather than accommodate Arden Hills. He encouraged the Council to
consider the whole corridor and how it is affected prior to offering municipal consent. He
believed noise abatement throughout the entire corridor should be considered.
Mary Remmers, 3160 Ridgewood Road, discussed how traffic from Highway 10/County Road
96 was spilling off onto Snelling Avenue at speeds of 70 miles per hour. She requested this be
further patrolled by the Ramsey County. She wanted to see more noise abatement measures taken
along the County Road 96 corridor given the high level and speed of traffic. She anticipated that
traffic in the area has doubled, along with the noise.
Mayor Grant closed the public hearing at 8:12 p.m.
Mayor Grant explained the Council would be taking no action on this item this evening, but was
simply holding a Public Hearing to take public comment.
B. NPDES Annual Storm Water Meeting
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 7
Public Works Director/City Engineer Polka stated as of March 10, 2003, the Minnesota
Pollution Control Agency required all cities within the Seven County Metro Region to apply for a
General Storm Water Permit (Small Municipal Separate Storm Sewer Systems, or MS4, permit)
as part of Federal National Pollutant Discharge Elimination System (NPDES) requirements. In
2013, the City of Arden Hills applied for reauthorization under the revised permit as administered
by the Minnesota Pollution Control Agency (MPCA). On March 17, 2014, the City's application
was approved and the permit to discharge stormwater was reauthorized. In order to comply with
revised federal regulations, municipalities are required to modify their Storm Water Pollution
Prevention Plan (SWPPP) that focuses on ways the municipality will reduce the amount of
sediment and pollution entering the surrounding water bodies. The SWPPP includes six minimum
control measures that need to be addressed by the City. Each measure is aimed at reducing the
amount of pollution entering water bodies through various methods such as public outreach and
education, regulatory ordinances, and physical structures constructed as a part of the storm water
sewer system. Each control measure includes several Best Management Practices (BMPs) that
will be used to accomplish the measure and each will include measurable goals that can establish
the effectiveness of the SWPPP.
Public Works Director/City Engineer Polka explained one of the permit requirements is that
the City must hold an annual public meeting to allow interested parties to provide comments to
the City on its SWPPP. The City is also required to submit an annual report to the MPCA
documenting the accomplishments of the previous year.
Councilmember Holden asked who completed in the inspections on behalf of the City.
Public Works Director/City Engineer Polka reported the Ramsey County Conservation District
completed the inspections for all of the erosion control permits. She commented further on the
importance of keeping leaves and grass clippings out of the street.
Mayor Grant opened the public hearing at 8:20 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 8:21 p.m.
Mayor Grant commented no Council action was required for this item.
C. Comcast Cable Franchise Agreement
Interim Director of Finance and Administrative Services Perrault stated this Public Hearing
provides City Council and residents the opportunity to ask questions regarding the Comcast cable
franchise agreement. He explained Corr Wilson from the NSCC was present to discuss the
franchise agreement and answer questions.
Cor Wilson, NSCC, introduced herself and thanked the Council for their time. She discussed the
purpose of franchise agreements under federal law. She noted the current franchise with Comcast
expired in 2013 and informal negotiations began in 2011. As time went on and an agreement was
not reached, formal negotiations were pursued. She explained the original franchise was quite
poor and was denied by the member cities. She provided further comment on the history of the
negotiations and reviewed the details within the proposed franchise agreement. She described the
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 8
new funding sources and proposed PEG fees within the agreement. She explained CTV would
see a 40% decline in funding in 2018 and stated it would take a concerted effort to make up the
difference.
Mayor Grant asked for further information on PEG fees.
Ms. Wilson provided the Council with more information on how CTV has been collecting PEG
fees in the past and noted the rates that would be received in 2018.
Councilmember Scott requested further information on the PEG channels that would continue.
Ms. Wilson discussed the PEG channels that would continue after the franchise agreement was
adopted and noted each City would continue to have an individual channel along with seven other
channels. She reported the NASA channel would be dropped. She explained that three of the
PEG channels would be offered in HD.
Councilmember Holden questioned if additional drops could be added to Arden Hills after the
TCAAP development began.
Ms.Wilson stated this would be possible.
Mayor Grant thanked Ms. Wilson for her efforts on behalf of the member cities. He requested
further information on the CenturyLink franchise along with I-Net.
Ms. Wilson discussed the CenturyLink franchise and noted it was very comparable to the
Comcast franchise agreement. She commented on the funding formula noting this would be used
versus flat PEG fees. She reported the I-Net (Institutional Network) feature was a separate
network that connects primarily schools, City buildings and CTV.
Councilmember Scott requested Ms. Wilson define what is meant by dark fiber.
Ms. Wilson stated this was fiber that did not have lasers lighting it up.
Mayor Grant opened the public hearing at 8:54 p.m.
With no one coming forward to speak, Mayor Grant closed the public hearing at 8:55 p.m.
Mayor Grant reported no action was required of the Council on this item.
8. NEW BUSINESS
A. Johanna Marsh Playground Equipment Grant
Public Works Director/City Engineer Polka stated the 2017 Capital Improvement Plan includes
$100,000 for resurfacing the tennis court at Johanna Marsh Park. A geotechnical investigation was
completed in August of 2016 and it was determined that the court needed to be reconstructed and
due to the underlying soils, reconstruction was cost prohibitive.
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 9
Public Works Director/City Engineer Polka explained staff held a neighborhood meeting with
the Johanna Marsh residents and presented two playground layouts as well as receiving input on
park amenities. The playground concepts were generally well received. Several residents
expressed interest in a boardwalk and overlook area. WSB prepared three concepts which were
discussed at the September PTRC meeting. Based on feedback from the PTRC, a cost estimate
was prepared for Concept Plan I which includes the play equipment, sidewalk, curbing,
boardwalk, and overlook. The total estimated cost, including design, is $350,275.
Public Works Director/City Engineer Polka reported staff is proposing to move forward with
just the playground area. We have applied for and been awarded a grant for the play equipment
structures in the amount of$31,786. Due to the time line for accepting and ordering the equipment
(November 15th), staff is requesting that the Council authorize acceptance of the funding for the
equipment at this time. Staff is in the process of receiving quotes for the construction of the
project and will present that to Council at a later date. The total estimated cost is outlined in the
following table:
ESTIMATED PLAYGROUND CONSTRUCTION
Remove tennis court $12,000.00
Installation (incl. concrete curb) $20,000.00
Playground Equipment $80,000.00
Grant Funding ($31,786.00)
TOTAL ESTIMATED COST $80,214.00
Mayor Grant asked if the City had really received a grant, or simply a reduction in the price of
the playground equipment.
Public Works Director/City Engineer Polka explained the vendor referred to the dollars as a
grant and noted staff had completed a grant application for the funding. She indicated the grant
could only be used as a cost reduction to the equipment.
Councilmember Holden stated she received emails and four phone calls noting there was interest
in the new playground. She questioned what type of playground equipment staff was proposing to
install.
Public Works Director/City Engineer Polka reported it would be the same equipment that was
just installed at Valentine, Perry and Hazelnut Parks.
Councilmember Holden asked if a natural playground had been considered by staff.
Public Works Director/City Engineer Polka explained she was not familiar with this type of
park concept.
Councilmember Holden inquired if the color concept for the playground equipment would be
similar to the other parks.
Public Works Director/City Engineer Polka reported this was the case, noting the equipment
would be beige and green.
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 10
Mayor Grant questioned if the playground structure could move within the park, or if it had to be
located where the previous tennis court was.
Public Works Director/City Engineer Polka stated there was some space available to shift the
structure in order to allow for benches within the park.
Councilmember McClung asked if this was the only proposed improvements for Johanna Marsh
Park.
Public Works Director/City Engineer Polka indicated an overlook and other improvements
were being considered by the Council for this park.
Mayor Grant questioned if this was a time sensitive matter.
Public Works Director/City Engineer Polka reported the grant funds were on a timeline.
Councilmember Holden anticipated prices would be lower in 2017 than in 2018. She asked how
the City would store the equipment if it was purchased this fall and was not installed until 2018.
Public Works Director/City Engineer Polka indicated the equipment could be stored at Public
Works, which was also done for the new equipment at Perry and Hazelnut Parks.
Councilmember McClung asked if staff would like the Council to accept the grant and authorize
the purchase of the new equipment.
Public Works Director/City Engineer Polka stated this was the case and apologized for not
including this in her recommendation.
Councilmember Holden stated she liked the boardwalk and the overlook for this park.
MOTION: Councilmember McClung moved and Councilmember Scott seconded a
motion to Authorize the Acceptance of a GameTime Grant from
Minnesota/Wisconsin Playground in the Amount of $31,786 and Authorize
Staff to Enter into a Purchase Agreement for the New Playground Equipment
in the Amount of$46,984.31.
Councilmember Holden stated this was a changing neighborhood and she wanted to make this
park nice for the surrounding neighborhood. While she would be offering her support for the
proposal, she feared that the playground equipment would take away from the natural beauty of
this park.
Councilmember McClung commented he received a number of comments from the public both
in support and against the proposed plans for this park. He stated he was comfortable adding a
feature for this neighborhood that was available to other residents, due to the fact this was a City
park. He indicated this was an older neighborhood that would be turning over and would benefit
from the proposed upgrades to the park.
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 11
Councilmember Scott stated he spent eight years on the Parks, Trails and Recreation Committee
(PTRC). He commented on the recommendation from the PTRC and agreed the playground
option was best for this park.
Mayor Grant agreed stating a tennis court was not an option, given the parks soil conditions. He
believed a playground made sense for this park. He was pleased the equipment would be similar
to the City's other parks.
Councilmember Holden questioned how this project would proceed once the equipment was
purchased.
Public Works Director/City Engineer Polka commented on the park timeframe and noted she
would be bringing back a new sketch for the park for the Council to review at a future
worksession meeting.
Councilmember Holden requested the neighborhood be involved in this process.
The motion carried (4-0).
A member from the public expressed concern that they were not able to make comments
regarding the playground equipment and park amenities.
Councilmember Holden encouraged the neighbors to attend the upcoming Council worksession
meeting where open dialogue will be held between the Council and the neighbors.
City Administrator Joynes anticipated this matter could be addressed by the Council in
December or January.
Councilmember Holden recommended this item be placed on a Council worksession in January
to avoid the holidays and allow for proper notification to the neighbors.
City Administrator Joynes explained this item would be placed on the Council worksession
agenda on Tuesday, January 16.
9. UNFINISHED BUSINESS
None.
10. COUNCIL COMMENTS
Councilmember Scott stated the Boo Bash would be held on Saturday, October 28. This event
would be held from 5:20 to 7:00 p.m. at City Hall. Advanced registration was available on the
City's website.
Councilmember Scott explained an election would be held on Tuesday, November 7 for school
board positions and a school district referendum. He encouraged residents to get out and vote.
ARDEN HILLS CITY COUNCIL—OCTOBER 23, 2017 12
Councilmember Holden requested staff speak with the County regarding the speed of traffic
along Snelling Avenue. She requested staff also speak with MnDOT regarding the noise levels
along the Highway 10/CR96 corridor.
Councilmember McClung concurred that the speed of traffic along Snelling Avenue had to be
patrolled.
Councilmember McClung stated he recently toured Land O'Lakes with Representative Jessup.
He explained the new building was coming along nicely. He explained Land O'Lakes was
interested in hosting a 2018 State of the City event.
Mayor Grant commented he attended the Regional Meeting of Mayor's which was a joint
meeting with ULI. This group discussed friendly front yards and public art, among other topics.
Mayor Grant stated at the last JDA meeting, Mr. Cmiel brought to the Commissioners' attention
that the light under Highway 96 shines towards his home. He explained this concern was brought
to the County's attention. He reported the renaming of Old Highway 8 was discussed at the JDA
meeting and it was mentioned the name would be determined by the City. He reported plans for
the water tower were also discussed by the JDA.
Public Works Director/City Engineer Polka reported she would send a copy of the water model
review memo to the City Council.
ADJOURN
MOTION: Councilmember Scott moved and Councilmember Holden seconded a motion
to adiourn. The motion carried unanimously(4-0).
Mayor Grant adjourned the Regular City Council Meeting at 9:47 p.m.
JufFHanson David Grant
CiU Clerk Mayor