Loading...
HomeMy WebLinkAboutCC 09-10-2001 . . . CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 10, 2001 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: None. Also present were City Administrator, Joe Lynch; City Accountant, Terrance Post; City Engineer, Greg Brown, BRW; and Recording Secretary, Nancy Czajkowski. APPROVAL OF MEETING AGENDA Mr. Lynch requested they add Agenda Item 7.F Mounds View High School Update. Councilmember Grant requested that Agenda Item 5. D be moved to 7.G. He stated he expected some discussion on this item. Mayor Probst requested that Agenda Item 5E be moved to 7. D. 2. MOTION: Councilmember Aplikowski moved and Councilmem15er Rem seconded a motion to adopt the agenda for the September 10, 2001, regular City Council meeting. The motion carried unanimously (5-0). PUBLIC HEARING. PRESBYTERIAN HOMES BOND ISSUE Mayor opened the public hearing at 7:32 p.m. Mr. Lynch explained the resolution proposal for the housing finance program. He stated based on council direction the public hearing was set and proper legal notice given. He noted the city had been asked to provide, as issuer, up to five and one half million dollars in bonds to Presbyterian Homes for improvements made to buildings in Arden Hills and Bloomington. He added it included a purchase of an additional building in Bloomington. He stated Presbyterian Homes had asked the City of Arden Hills because 1) Arden Hills was bank qualified, 2) some of the money was spent in the city, 3) the corporate headquarters is in Arden Hills, and 4) the city has done this before. Mr. Steve Fenlon, the financing agent, stated this was a refinancing of a nursing home in Bloomington and also of the acquisition of six co-op units. He noted it would also cover a chiller replacement and other capital improvements in Arden Hills. He added the fact that Arden Hills is bank qualified resulted in considerable savings to Presbyterian Homes. He stated the city . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2001 2 would issue the bonds without recourse. He noted there was no legal or financial obligation to repay the bonds on part of the city. Mayor Probst stated the city has done this at least twice, would incur no obligation to the community and has no affect on its bond rating. Mr. Lynch concurred. He stated since the city was bank qualified it had to account for these bonds when considering its debt. Mr. Fenlon stated the city must only pass the test once and only in the year, the bonds were sold. He noted the test is whether the city reasonably expects to issue 10 million dollars in bonds, which would include these bonds. He added ifthere was a later emergency bond issue, it would not affect the test. He stated after the year the bonds were sold, the city would never go through that test again. Councilmember Rem asked if this bond was bond strictly for remodeling in Arden Hills and not for additional acquisitions. Mr. Fenlon responded in the affirmative. He stated it was only for capital improvements in the Arden Hills facility. Councilmember Larson stated the resolution references a joint powers agreement. He asked when the city would see a draft of the joint powers agreement. Ms. Jenny Grain, Bond Counsel, responded she would distribute it any time the Council desires it. She stated the City of Arden Hills and the City of Bloomington would be parties to the joint powers agreement. She noted under state law, to issue bonds for housing projects a city is authorized to do it in its jurisdiction or where there is ajoint powers agreement in effect. An unidentified resident of Shorewood Drive, stated his property abuts the eastern side of the Presbyterian Homes facility. He noted this past August 7th he was served a summons. He added Presbyterian Homes wanted to merge parcels of land. He stated that five days later he received a letter from Presbyterian Homes CFO Mark Meyer. He noted in that letter, Presbyterian Homes claimed they wanted to assure the residents there was no major remodeling or construction. He added that in a later meeting they said it again. He stated the neighbors were concerned about an increase in capacity. He noted they did not challenge the merger of the land. He added his concern that Presbyterian Homes was asking for money in Arden Hills. He asked if it was absolutely guaranteed that Presbyterian Homes would perform certain predetermined stipulations. Mayor Probst stated he did not believe the residents needed to be concerned. Mr. Mark Meyer stated the improvements in this financing have already been completed. He noted the improvements were paid for from operating costs and this was the refinancing. He added the summons related to a financing in 1995. He stated this related to replacing a chiller and doing some cosmetic changes. Mr. Fenlon stated 10% of this bond issue refers to Arden Hills. He noted of that $430,000 of it was for heating and ventilation. He added the remaining $90,000 related to repair type work. He stated the company had to comply with the public notice. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 10,2001 3 Ms. Patricia Johnson, of Rose vi lIe and of Trinity Lutheran Church at Lake Johanna, asked who would be the subsequent owner. Mayor Probst responded this facility operates by Special Use P Permit. He stated the only way they could modify the property was through a public hearing process. Ms. Grain stated there were no plans to transfer ownership. She noted they used that language in case of a later transfer. She added ifthere was a transfer, it would be to another affiliated entity. She stated the language for additional housing was statutory language. She noted the idea to issue bonds was to improve the community as a whole. She added this included the twin city area and the rest of the state. She stated it fosters the development of housing, but does not mandate it be here in Arden Hills. Ms. Johnson requested that her church get notice of any future plan for expansion. She noted they should be placed on a mailing list for notices. Mayor Probst agreed. Councilmember Rem stated some proposals had been discussed. She noted the people she talked to were concerned the city was not financing some kind of expansion. Mayor Probst stated there had been some preliminary discussions by Presbyterian Homes regarding a project. He noted the city had not received a formal submission by Presbyterian Homes. He added the City did not know if the company was still actively pursuing it. He stated there would be a significant process involved for a proposal to move forward. He noted tonight's action was not related to that activity. Mr. Steve Henkel, 1882 Glenpaul, asked if the money allocated to Bloomington could later be diverted to Arden Hills. Ms. Grain responded it could not. Mr. Henkel asked about precedent. Mayor Probst responded the city had done this twice before. Mr. Post stated it was done in 1999 for 26 million. Mayor Probst stated there had been two previous examples. He noted the city incurs no cost or obligation. He added that any expenses the city did incur, even included having the public meeting, and would be reimbursed by Presbyterian Homes. Mayor Probst closed the public hearing at 8:00 p.m. Councilmember Larson asked ifthere were origination fees. Mr. Fenlon responded in over 85% of the transactions of this type he had handled, there were no origination fees. He stated the larger cities might charge a fee, but the answer would be no in general. He noted the reasoning behind that was due to the history of these fees being collected from for-profit entities. He added this is a non-profit company. He stated the benefit was for the people who live in the community. He noted the transaction was risk-less and cost-less. He noted the Council was taking time to hear from and support a non-profit company in its city. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve Resolution No. 01-14. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2001 4 . APPROVAL OF MINUTES A. August 13, 2001 Regular Council Meeting, Pavement Management Plan (PMP) Discussion B. August 13,2001 Regular Council Meeting Councilmember Grant noted in the future he would like the word "they" to be replaced with the "city" so it was clear who the "they" referred to. Councilmember Grant noted that page 4 was missing in the August 13,2001 Regular Council Meeting minutes. He added if they are approved the Council should approve that page later. Councilmember Rem stated on page 5 of the August 13,2001 Regular Council Meeting minutes it should reference the road being overlaid was "complete from County Road E to Lake Valentine Road. " MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the August 13,2001 Regular Council Meeting, Pavement Management Plan and August 13,2001 Regular Council Meeting minutes as corrected above. The motion carried unanimously (5-0). . CONSENT CALENDAR A. Claims and Payroll B. Res. #01-15, Adopting Truth in Taxation Public Hearing Dates for Proposed 2002 Taxes Payable C. Election System Replacement, Joint Powers Agreement Approval D. City Hall Construction Project, Rochon Pay Request #11 MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0), PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. Mr. Larry Johnson stated that last night, the Glenpaul neighborhood had a meeting to voice concerns. He noted the August 21,2001 Michael Cronin memo states Presbyterian Homes was seeking the expansion plan in a more aggressive matter. He read from the memo presented to council. He stated they would like a public meeting with the City Council to discuss their concerns. . Mayor Probst stated at this point, the city had not received a formal recommendation. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2001 5 Mr. Lynch stated the city had not received anything formal. He noted the city planner and the interim planner had had conversations with the potential owner of the triangle site. He added Presbyterian Homes had taken over this proposal. He stated the company was guided to talk to Ramsey County and to the neighboring property owners. He added staff was aware that some of the property owners were favorable to selling their properties. He stated staff had not spoken to Presbyterian Homes in approximately eight weeks. He noted if the company made a formal application, there would be a Planning Commission public hearing. Mr. Johnson stated they had seen a survey on traffic being done. Mr. Lynch stated it was possible Ramsey County was doing that. Mayor Probst stated the city could approach Presbyterian Homes and ask their intentions. Councilmember Aplikowski stated no formal plans had come before the Planning Commission. She noted the work the neighbors had observed had all been done by the developers. Mayor Probst stated the process would start with a review by the city planner. He noted it would then go before the Planning Commission. He added if it would involve rezoning it would require public hearings. He stated there would be a lot of process to move the plan forward. Councilmember Larson stated he did not see any harm in asking Presbyterian Homes to sit down with the neighborhood and discuss the matter. He noted the company would not know what they were doing until all their tests were done. He added the neighbors must understand it was preliminary. Mr. Johnson asked about a test development. Mr. Lynch responded in a test development they would survey the property and perform a traffic study. He stated the developers would see what would fit on a neighborhood business district zoned property. He noted they would determine if a rezoning would be needed. Mayor Probst stated this type of zoning encourages neighborhood friendly development like the coffee shop that was there. Councilmember Rem stated Presbyterian Homes did come before the Planning Commission with a concept discussion. She noted the city had a new planner. She added the plan was in limbo right now until something formal was presented. Mr. Johnson stated they wanted to be heard as taxpayers and voters. Councilmember Rem stated the Council understands that point. She noted it made sense to ask for a discussion. Mr. Johnson stated there would be 150 residents interested in a discussion. He noted they would like the Council to be present. . . . ARDEN HILLS CITY COUNCIL- SEPTEMBER 10,2001 6 Councilmember Grant stated the county would also be required to provide notice to consider a redesign of the road. He noted there were a number of different levels of government that would need to be approached in order to redevelop and redesign that comer. Mayor Probst stated the Council was not in a position to respond until they had seen a formal proposal. He noted it would be appropriate to ask for a meeting to have Presbyterian Homes talk about what they had in mind. Ms. Carolyn Linders, 1945 Glenpaul Avenue, stated she first heard about this in July from a neighbor. She noted she called the city and spoke to Mr. Tom Moore. She added Mr. Moore did not know anything about this subject, and to the best of his knowledge, there was no proposal formal or informal. She stated they asked Mr. Moore to come to National Night Out. She noted the neighbors asked a lot of questions. She added Mr. Moore stated the city had not received one telephone call, one letter, or fax from Presbyterian Homes. She noted when they got a copy of the memo from Mr. Cronin; Mr. Moore told them it was the first contact from Presbyterian Homes. Mayor Probst noted it was difficult to determine when would be the appropriate time to make an informal discussion public. Ms. Linders stated she had looked through the files and there are notes about meetings and diagrams about this proposed plan. She noted it was not the first time the citizens had felt out of the loop. She added the City is the citizens and they should hear about these things from the Council. She stated she expected and hoped the city would keep the neighborhood fully informed on this proj ect. Ms. Melinda Hunt, 1986 Glenpaul Avenue, distributed a letter. She stated essentially that her letter was addressing this proposal. She noted she wanted to go on record supporting the beautification of that triangle of Arden Hills. She added it would be a great addition to do some landscaping or other small-scale project. She stated she would oppose any possible development that would increase traffic in the Glenpaul area. Another Glenpaul resident stated he had concerns about something written down in black and white with roads punched through. He noted the notes on the diagram did not sound good. He added they wanted to be part of the process. He stated they did not always understand what was gomg on. Mr. Byron Northwick, Pastor of Trinity Lutheran, stated the trust level in the neighborhood was very low right now for the City Council and Presbyterian Homes. He noted the rumors had been running rampant. He added they were very uncomfortable with what they were seeing. He stated they are David to Presbyterian Homes Goliath. He noted they would like to be informed about what was going on. He added they understand conceptual and preliminary. He stated when they see something in black and white they were nervous that they were left out of the process. Mayor Probst stated he thought their points were clear. He noted the Council would do its best to keep the neighborhood informed. ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2001 7 . Councilmember Larson stated the Council would ask Presbyterian Homes to participate in a discussion with the neighbors. Mr. Lynch stated the Council could ask that the Planner contact them, but it would not be a requirement. Mayor Probst stated he hoped there would be some coordination so the Council would be updated on the neighborhood's comments. Councilmember Aplikowski stated nothing had happened that they had tried to hide. She noted the city had been without a staff planner for some time. She added the Council needs to check in that department to be sure there was nothing imminent. UNFINISHED AND NEW BUSINESS A. Lake Johanna Volunteer Fire Department 1. 2001 Capital Improvement Plan (CIP) Expenditure 2. 2002 Budget and CIP Budget Approval . Mr. Lynch explained that the operating budget had changed. He stated Lake Johanna Volunteer Fire Department had indicated they would like to continue with the program to have some on-call personnel to improve response time. He noted the Fire Board had agreed that it would eliminate the cost from the budget and pay it out of Alliant TechSystems funds. He added it would be a small savings to the City of Arden Hills and would reduce the budget increase to 6.28% increase for 2002. Mr. Post stated the CIP budget had one item for $30,000 for a portable generator. He noted the City has a public safety capital fund that would fund the generator. He added it would be a non- levied amount. Councilmember Aplikowski asked why the volunteers could not live on a 3% increase. Mr. Lynch responded the increase was based on the number of calls and was not an increase in the rate of pay. He stated the department had already experienced a 30% increase in the number of calls. He noted there were a lot of false alarms. Councilmember Larson stated he was not able to attend the last Fire Board meeting. He noted he had a similar reaction to Councilmember Aplikowski. He added the largest dollar amount change was in the professional fees. Mr. Post stated the Department had engaged Brimeyer & Associates to evaluate a permanent fire chief position. He noted Chief Schreier was not going to retire. He added they anticipated a full time fire chief position would not be in place until 2003. He stated there would be more consulting fees. . Councilmember Grant asked about the sizable increase. Mr. Post responded the budget was reflecting for the first time Alliant TechSystems monies. He stated it showed the entire . . . ARDEN HILLS CITY COUNCIL- SEPTEMBER 10, 2001 8 organization budget, which included the Alliant TechSystems spending. He noted if they removed, the Alliant Tech funding the increase would be 10.9% instead of 18%. Councilmember Aplikowski stated her concern about the amount for professional services. She noted $11,000 for professional services rubbed her the wrong way. Mr. Post stated it included the external audit fee and amounts for the management consultant. Mr. Lynch stated some direct training also is included in that figure. He noted they have to hire outside trainers to come on site. He added the entire amount was not just going to Brimeyer and Associates. Mr. Post stated the 2001 budget amount for professional services was $42,000. Councilmember Grant asked if this budget had to be approved by the other communities as well. Mr. Post responded in the affirmative. Mayor Probst stated that historically Arden Hills has been a thorn in the volunteer Fire Department's side. He noted the other communities have been more cooperative. Councilmember Aplikowski stated she would like professional fees to not exceed salaries. Mr. Post stated the only position salaries in the budget were for the Fire Chief, Treasurer, Assistant Chief, and Secretary. Councilmember Larson stated there was also a reimbursement for duty pay. Councilmember Aplikowski stated the fire fighters work hard and she did want them to have what they needed. She noted her concern was that the professional service fees went up every year. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the 2002 Lake Johanna Fire Department Operating Budget and CIP budget as recommended by Staff. The motion carried (4-1 Aplikowski). MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the 2001 Capital Improvement Plan expenditure as recommended by Staff. The motion carried unanimously (5-0). B. Ramsey County Sheriff's Department, 2002 Operating Budget Approval Mr. Lynch explained the proposed budget. He noted there was one change on page 5 in the budget estimate for investigators. He added the change reflected the phase in of the fifth investigator. He stated the city's share of the cost savings would be about $2,500. He noted the Contractor Community Group suggested this change. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the proposed 2002 Law Enforcement Contract with a . . . ARDEN HILLS CITY COUNCIL- SEPTEMBER 10, 2001 9 contribution of Arden Hills in the amount of $644,774.02. The motion carried unanimously (5-0). C. Resolution #01-16, Clarifying Proposed Sums of Money to be Levied for Levy Year 2001, Payable in 2002 Mr. Post explained this item needs to be addressed this evening to get the preliminary levy in to the county by September 15,2001. He stated the levy could go down, but could not go up once this preliminary levy was approved. He noted that in looking at the material from the Department of Revenue, the implicit price deflator used in setting the limit was 3.36% rather than the 2.8% in previous levy discussions. He added the city received HAC A funds from two sources: primarily state aid certified HACA, and in the form of manufactured home HACA to a limited extent. He stated the city was trying to restore the lost HAC A funds from manufactured homes HACA and the certified HACA funds from the Department of Revenue. He noted the city never receives 100% of the levy so they use a delinquency factor. He added he recommended the city council consider an 8.69% increase over the certified 2001 amount. He stated the city would still be under the levy limitation. He noted this compared to earlier discussion of a levy increase of 7.5%. He added he did a quick telephone survey of the neighboring communities. He stated Arden Hills and Maplewood were relatively low. Councilmember Grant asked if those amounts had been approved. Mr. Post responded the amounts listed were what the finance directors were using in their latest submission to their council. He stated they were preliminary. Councilmember Aplikowski asked what the maximum amount of the levy could be. Mr. Post responded the maximum city levy increase could be 12.8 percent. Councilmember Aplikowski stated it would be nice to publicize that. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve Resolution 01-16. The motion carried unanimously (5-0). D. City Hall Construction Project, Rochon Corporation, Change Order #5 Mr. Lynch explained the items related to Change Order #5. He stated item 16 should not be included since waterproofing was not complete. He noted the roof drain amounts were also in dispute since the city believes this was an architectural design oversight. Mr. Post stated Change Order no. 5 items represent a change in contract price. He noted that, concerning Item 14, whenever the waterproofing problem was solved then the contractor would have a green light to go ahead with the retaining wall. Councilmember Grant asked if the work had been completed. Mr. Post responded everything was done except for Item 14. Councilmember Grant stated he would rather see the change order before they finish the work. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 10,2001 10 Mr. Post stated that earlier direction from Council allowed for the city administrator to approve change orders ofless than a $5,000.00 value limit. Councilmember Aplikowski asked ifthere was anything Councilmember Grant would not have approved. Councilmember Grant responded if they were going to change items in the building, he would have preferred to consider the cost of the additional stone. He stated Item Two exceeded the $5,000 limit. Mr. Lynch stated that Item Two was related to the urgency of responding to the lower level flooding situation. Councilmember Grant stated the Council did give certain latitude. He stated these items exceeded the total amount, but not the per item limit. He thought the total limit was to be no more than $20,000 in total. Councilmember Aplikowski stated she appreciated the concern, but it was important to get in the building. She noted the faster the better. She added it was great to receive the list. She stated there had to be some leeway here. She stated she was very disappointed in the architectural firm and its response to the city's problems. She noted she believes the firm did not follow through with its due diligence. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve Change Order #5 for the Rochon Corporation contract for City Hall. The motion carried unanimously (5-0). D. 2 City Hall Construction Project, Rochon Pay Request Pay Request #11 Mayor Probst stated staff anticipates the waterproofing repair work to begin this Wednesday. He noted the city had still not received a final cost estimate for that work from Rochon. He added his personal view that the city had no liability. He stated the city would hold $550,000 still to be paid. He noted that as the city moves forward, the Council needs to pay attention to retaining what would be necessary to cover that liability. He added that staff felt the remaining amount held would be adequate for control over the contractor. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve Pay Request #11 in the amount of$209,286.74. The motion carried unanimously (5-0). E. Final Pay Request #3, Dave Perkins Construction, Old Highway #10 Project Mr. Brown explained Pay Estimate #3 from the contract for water improvements on Highway #10. He stated it was not the final payment. He noted there was a punch list remaining containing some minor things left to be done. He added they would not release the money until the county funds were coordinated. He recommended approval of payment for $ 75,419.53. He stated the city would still hold the 5% retainage. . . . ARDEN HILLS CITY COUNCIL- SEPTEMBER 10,2001 11 Councilmember Grant stated a federal community block development grant is funding this project and not the City. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve payment of Pay Estimate #3 for $75,419.53. The motion carried unanimously (5-0). F. Mounds View High School Update Mr. Lynch explained the punch lists prepared by the Building Official in order to obtain occupancy for students on Monday, September 17, 2001. He stated the inspection on Saturday resulted in 42 items, and the inspection on Sunday added 11 more items. He noted staff felt that if the Contractor works diligently the items should be complete. Councilmember Larson stated this had been difficult for families and students in the school district. He noted Mr. Scherbel deserved real credit for a job well done. He added the building inspector was not responsible for the delays. He stated that building was not ready for occupancy. He noted Mr. Scherbel was under a lot of pressure and has done a good job. He added this was a difficult project. Councilmember Grant stated that this was a major project in the community that affected a great number of residents. He noted he was pleased to see the work Mr. Scherbel had done and the items needed to be completed. He added it gives the school district a good idea of how close it is to being complete. He stated the community was surprised on Saturday when they saw on cable television and the web site that the school district was canceling school for Monday. He noted it would be good to avoid that situation again. He added Mr. Scherbel had done a good job in a difficult situation. He stated that hopefully school could open on Monday. Councilmember Larson stated this would ensure the kids would have a safe environment. Mayor Probst stated there was a great deal of work to be completed. He noted his hope that it would be monitored by the school district for quality. Mr. Lynch noted there was an additional meeting tomorrow. He added the 42-item list had been forwarded to the school district's construction company. Councilmember Grant asked if staff was willing to stipulate these lists represented the balance of the items to be completed. Mr. Lynch responded in the negative. He stated every time the building official went into the school he saw additional items to be completed. He noted staff did not want the city to be liable for school opening with work not complete. G. Storm Water Plan, Approval of Draft for Agency Review Mr. Lynch explained this is a follow up action both requested and required, to notify agencies about the storm water plan. He stated the requested changes had been made. He noted one issue under discussion was the Rice Creek Watershed's goals and policies. He added in order to make substantial change the city would have to have several meetings to adopt its own goals and ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2001 12 . policies. He stated submittal of this plan would be a good faith effort to show the Metropolitan Council that the city was attempting to adopt a Storm Water Plan as part of its overall Comprehensive Plan. He noted this draft would be sent to the Metropolitan Council and the Rice Creek Watershed District for comments. He added those comments would come back to the Council for discussion. He stated Mr. Ron Leaf was present tonight from S.E.H., Inc. Mayor Probst asked if they made modifications before the final adoption of the plan, would the plan have to go back through process of review by the various agencies. Mr. Leaf responded that would depend on the nature of change. He stated if the change was a substantial deviation from the Rice Creek Watershed baseline than it would probably have to go back for review again. Mayor Probst asked if anyone doing development would have to follow the Rice Creek Watershed goals and polices. Mr. Leaf responded that was essentially correct. He stated the Rice Creek goals and policies would apply whether or not they were adopted by the city. Mr. Lynch stated this was the case unless the city wanted to be the agency to make the final determination in these matters. He noted the Council had stated they did not want to be that agency. . Councilmember Grant stated Figure 11, number 4 indicated proposed stormwater treatment. He noted the reference on page 42 was P4. He added these references make Valentine Park into a water retention pond. He stated he had previously indicated that if Valentine Park were to become a retention pond he would not vote to send this plan out for review. He noted he did understand that this area needs some stormwater treatment, but would not support the destruction of a city park to do that. Mr. Leaf stated that would be a minor change that could be made after the review. He noted on page 24, they had tried to layout 13 proposed ponds. He added the language tried to identify the fact that regional ponds were not the only practice recommended. He stated other alternatives could be considered. He noted this was not clarified in section 5, but that was the approach he understood the city wanted to highlight. He added these were just possible locations. Mayor Probst stated this has been identified as an area that does need treatment. He noted where it might end up on the schedule is unknown. He added they needed to let citizens know this was being considered. He stated the city needed to be up front about this issue. Councilmember Aplikowski noted it might remain a park but with something done to it. Councilmember Grant added his concern that at some point Rice Creek Watershed or future City Councils might consider making the park a holding pond. Mayor Probst stated the city has absolute control over what happens to this park. . Mr. Leaf stated that was his understanding as well. He noted these were possible locations. He added whether it would be a pond or other alternative would be determined later. He stated his experience with Rice Creek Watershed District indicated they had been favorable to considering alternatives. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2001 13 Councilmember Larson stated that this pond was estimated to cost $300,000. He asked what size pond that would cover. Mr. Leaf noted Appendix D indicates the approximate size of the pond. He added the surface area of the pond would be 2.46 acres for pond. Councilmember Rem noted the language about this pond, conflicts with statements made in the document regarding the importance of city parks. Mayor Probst stated he urged caution on the part of the Council to pre-judge a solution. He noted Valentine Park now has significant drainage problems. He added the fill resulting from the construction of a pond could be used to bring up the standards of the park. Councilmember Larson stated they should add language to make sure that alternatives have to be considered. Councilmember Grant stated the area of Valentine Park was three acres. He noted he would rather the plan indicate the city was looking at something other than a pond for that location. He stated he would not support a pond. Mayor Probst stated the language would need to be similar for all the locations. He noted the Council needed to keep in mind the purpose of the document. He added a pond would raise the same issues at every location. He stated that until they tried to design a solution, the city would not know what would be best. Councilmember Grant stated he was fine with the descriptors at other locations. He noted his concern that a future city council could think this Council advocated destroying a park. Mr. Leaf stated the intent of the plan was that it should be a guide. He noted it was not intended to be a hard and fast document. He added the plan needs to be moved into the agency approval stage. He stated he would view this issue as a clarifying change and not an intent change. He noted the plan would not need to go back for another agency review. He added the plan was intended and written to be flexible. Councilmember Rem stated that since some of the text refers to these ponds as projects the plan could define "p" as "project" instead of "pond". She noted the word project gives it a slightly broader implication. She added the city could look at a broader solution than a predetermined pond. Councilmember Grant stated on page 32, F2, stated Rice Creek Watershed had the authority to approve changes. He noted the Watershed could consider it a plan, Mayor Probst responded this was not a plan from the standpoint of a predetermined solution. He stated the city was not committed to spend this money. Councilmember Grant stated it would be wise to reword the plan. He noted right now a pond was costed and sized. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 10,2001 14 Councilmember Larson stated Councilmember Grant had a legitimate concern. He noted it looked foolish for the Council to approve a plan that shows this kind of pond. He added they needed to indicate that the city considered this issue. MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to extend the meeting by 15 minutes. The motion carried unanimously (5-0). Councilmember Grant stated he wanted to remove the word pond. Mr. Leaf stated it was important to get this plan to the agency review stage. He stated he viewed this issue as a minor change. He noted the contradiction in the language should be viewed as highlighting the flexibility. He added the feasibility stage of the process would evaluate whether there should be a pond or another item. Councilmember Rem stated she agreed that there should be text changes. She suggested a more generic word like project. She noted she agreed it would be good to get the plan out to the necessary agencies. She added her concern that the longer this language remained in the plan the more it became a precedent that was expected to be followed. MOTION: Mayor Probst moved and Councilmember Aplikowski seconded a motion to amend the plan to add a footnote to table 7 that states "The plan anticipates stormwater activities at all locations and has used a pond approach for the purposes of cost estimates. This should in no way be interpreted as a commitment by the city to utilize a pond at all these locations, especially where private property is involved or in the case of Valentine Park." The motion carried unanimously (5-0). MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to authorize the forwarding of the agency review draft of the Stormwater Management Plan to the necessary agencies including the Rice Creek Watershed District, subject to those changes indicated above and other applicable changes. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Lynch stated he would represent the City in Conciliation Court. He noted a driver ran into one of the City's snowplows. He added the League of Minnesota Cities Insurance Trust turned down this claim. He stated the other driver was seeking damages in Conciliation Court. He noted the driver had attempted to go around a snowplow. COUNCIL COMMENTS Mayor Probst stated some of the Councilmembers had been directing staff in the Public Works Department to do specific work assignments. He noted the Council had discussed this issue and had agreed that this would be done only in cases dealing with immediate safety issues for the public. He added the Council owes it to the Administrator to go though him so that he understands what has been asked of his staff. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 10, 2001 15 Councilmember Larson stated the Parks, Recreation and Trails Committee has set up a schedule to complete the remainder of the comprehensive park plan. He noted it would not be done until early next year. He added it was moving forward very well. Councilmember Aplikowski stated the interim planner had the Planning Commission concerned regarding changes to the sign ordinance. She noted she had received a call from a resident that only two cars were ticketed by the Ramsey County Sheriff on his street although several were parked there. She added the resident indicated there had been parking on this street for several months with no ticketing. She stated the resident had asked if the ticketing was done randomly or consistently. Mr. Lynch stated there might have been parking exemptions on file for the others cars. He noted if there were no exemptions on file, all of the vehicles should have been ticketed. Councilmember Rem stated they are preparing the newsletter for the Wednesday deadline. She suggested it would be good for the Mayor to write something on the current levy situation. She added he could do something now and in next newsletter. She stated the residents need to be aware of the Council's policy. She noted it would allow the public to hear the Council's side of the issue. ADJOURN MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to adjo rn the meeting at 10:20 p.m. The motion carried unanimously (5-0). NOTICE OF MEETINGS The next Council Meeting will be held Monday, September 24,2001 at 7:30 p.m. at the Arden Hills Council chambers.