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HomeMy WebLinkAbout04-26-09-R EN HILLS Approved: July 13, 2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 269 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 Members David Grant, Brenda Holden, and Fran Holmes. Absent: Councilmember McClung (excused). Also present: City Administrator Ronald Moorse; Community Development Director James Lehnhoff; Public Works Director Gregory Hoag; Civil Engineer Kristine Giga; City Engineer Deb Bloom; Parks and Recreation - Manager Michelle Olson; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holmes requested item 4B be pulled from the Consent Calendar. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the agenda as amended. The motion carried unanimously (4-0) 2. PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP Update ARDEN HILLS CITY COUNCIL—May 26, 2009 2 City Administrator Ronald Moorse stated the City's special tax increment financing legislation was included in a finance bill that was signed by the Governor. The GSA has accepted the City's letter regarding the rescission of the Offer to Purchase between the City and the GSA, and has indicated it will return the City's earnest money deposit. The City is continuing to work with the GSA and with Congresswoman McCollum to move forward toward making the TCAAP property a benefit to the City. Councilmember Holmes asked if in regards to the special TIF legislation there was a time line for entering a TIF District. City Administrator Moorse stated that the TIF will expire in 2019. Councilmember Holmes asked for clarification on what would expire in 2019. City Administrator Moorse stated that the items of flexibility that the City had requested in the legislation would expire. Councilmember Holmes asked if the project needed to be completed by 2019 or if it only needed to be started by 2019. City Administrator Moorse stated that the project would only need to be started by 2019. Mayor Harpstead clarified that after 2019 normal TIF standards would be in e ffe c t. Be 2008 Engineering Year-End Review City Engineer Deb Bloom stated that the Joint Powers Agreement for Engineering Services has been in place since January 2006. The agreement was approved by both the Roseville City Council and the Arden Hills City Council and this agreement details the expectations for providing engineering services. She reviewed the projects that have been completed and those that are in the process including the CIP Development, Project No. 06-13-2006 PMP project, the Comprehensive Plan Update, Project No. 07-09-TCAAP and 08-19 Ramsey County 10/96 Improvements, Project No. 08-20-CP Rail/Trail Feasibility Study, Project No. 08-21-Valentine Lake Watershed Drainage Study, Project No 09-06-County Road E2 Pathway (Safe Routes to School), and Project No. 09-07-Perry Park Pathway. Civil Engineer Kristine Giga stated that additional projects that have been worked on include Project No. 06-10-Infiltration and Inflow (I&I), 08-16-Sanitary Sewer ARDEN HILLS CITY COUNCIL—May 26, 2009 3 Lining, 08-22-Manhole Rehabilitation, and NPDES Phase II Permit. She also highlighted several of the planning cases that had been reviewed in 2008. Civil Engineer Giga reviewed the additional agreement engineering projects including the 2007 PMP Mill and Overlay and drainage improvements, Projects 07- 02-Neighborhood 10 Reconstruction and 08-07-Glenarden Neighborhood Reconstruction. City Engineer Bloom reviewed the 2008 Roseville Engineering totals. Councilmember Grant asked for clarification regarding what was included in the additional agreement engineering. City Engineer Bloom explained that the additional agreement engineering included the 2007 PMP Mill and Overlay and drainage improvements for Karth Lake Circle, Briarknoll Circle, Briarknoll Drive, Brighton Way, Connelly Avenue, Lametti Lane, Lametti Circle, Dawn Circle, and Royal Lane. The contractor completed these projects in November 2007 and in 2008, staff spent time working on final punch list items, assessment appeals and as-bunts. Civil Engineer Giga stated that Projects 07-02-Ridgewood / Asbury Reconstruction and Project 08-07-Glenarden Neighborhood Reconstruction were also included in the additional agreement engineering total. Mayor Harpstead stated that there has been an increase in the City Engineer and Civil Engineer's evening and meeting hours and Roseville Staff is seeking ways to reduce these hours in 2009. City Engineer Bloom stated that the increase has been in response to meeting the expectations of both Roseville and Arden Hills with the evening meetings and daily workload expectations. Mayor Harpstead stated that Arden Hills has seen an increase in the use of rain gardens for a number of projects. He requested a summary of how these rain gardens perform over time. Councilmember Grant stated that Maplewood would be a good example of a local community that has established rain gardens. He asked how these gardens are performing. Mayor Harpstead stated that the arrangement with Roseville for joint engineering services has worked out well and been a benefit for both cities. AR—DEN HILLS CITY COUNCIL May 26, 2009 4 Public Comments Mayor Harpstead opened the public inquiries/informational at 7:18 p.m. Kathy Nelson, 3475 Siems Court, Arden Hills, stated her appreciation for what the City has done regarding storm water runoff. She highlighted several areas where she felt additional attention would be needed by the City. One of the areas was two rain gardens that did not function as they were designed to, one never drained properly and the other was built on an incline so water never got to it. She expressed concerns over trees being removed when storm gutters were put in. Several of the replacement trees that are in her area are either struggling or dead. In several areas the sod that was laid in an effort to stop erosion is dead and needs to be replaced. She recommended the use of plants along the gutters that had deeper root systems and did not need to be mowed. The settling ponds, particularly the one by Arden Place and Ridgewood, are green and have a foul smell. She asked if these ponds would be sprayed for mosquitoes. The runoff grate on Siems Court and Lake Johanna is full of leaves and needs to be cleared out and because this runoff goes across the street it does become dangerous, especially in the winter months. She asked how often the settling ponds are checked for efficiency. Mayor Harpstead stated that Community Development Director Lehnhoff and Public Works Director Hoag would be looking into these items. Mayor Harpstead closed the public inquiries/information at 7:24 p.m. 3. APPROVAL OF MINUTES None. 4. CONSENT CALENDAR A. Claims and Payroll R 1'1A3 T/f n�v�+uv�nv� povv� 4 f0Iffv����svnarr�- b��melr— v��+ems IRno-ilitipac hatAXT ., �2600 ,. �szrxzsirccgent �rn�rrrrmant Tvgraui C. Motion to Approve Resolution 2009-012 appointing Dan Erickson to the Economic Development Commission D. Motion to Approve the 2010 Budget Calendar as Presented MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar as amended and to ARDEN HILLS CITY COUNCIL May 26, 2009 5 authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 5. PULLED CONSENT ITEMS A. Approve Maintenance Agreement for Stormwater Management Facilities between Rice Creek Watershed District and the City of Arden Hills for the 2009 Pavement Management Program Civil Engineer Giga stated that storm water management facilities including rain gardens and bio-filtration basins are being constructed within the right-of-way as part of the 2009 Pavement Management Program (Glenarden Neighborhood). These facilities are necessary to meet Rice Creek Watershed District's storm water treatment requirements. Maintenance of storm water facilities is required by our Minnesota Pollution Control Agency Storm Water Pollution Prevention Permit (SWPPP). It is also consistent with the City's Public Works Policies to adequately maintain infrastructure. The City Attorney reviewed the agreement and recommended minor changes, which were accepted and incorporated into the version included in the packet. Councilmember Holmes stated that according to the map provided the only thing being done for the storm water is rain gardens. Councilmember Holden asked if there were going to be any holding ponds. Civil Engineer Giga stated that there were not going to be any additional holding ponds beyond the existing ponds and the fifteen rain gardens were fulfilling the infiltration and bio-filtration requirements. Councilmember Holmes stated that the number of rain gardens seemed in excess. She asked what the cost was for a rain garden, who maintains these gardens, who is responsible for paying for these gardens, and why there are so many required in this project. Councilmember Holden asked what the history is of the existing rain gardens. Councilmember Holmes stated that Ms. Nelson had pointed out earlier that there are rain gardens in the City that are not doing what they were intended to do. She expressed concerns about exclusively utilizing rain gardens for this project. City Engineer Bloom stated that the rain gardens are being used to meet the requirements of the Rice Creek Watershed regarding infiltration. These ARDEN HILLS CITY COUNCIL—May 26, 2009 requirements need to be met in order for the City to obtain the permit to build the road. The number of rain gardens being constructed is what is necessary to meet the requirements. Councilmember Holmes stated that she did not agree with the number of rain gardens being required. She stated that she had talked with Doug Thomas, from Rice Creek Watershed District, and he had stated that the Rice Creek Watershed District does not mandate these types of things. She asked if the City had been told that they were required to have fifteen rain gardens in the locations indicated on the map. City Engineer Bloom stated that the storm water that comes off the roads needs to be treated to a certain threshold and the number of rain gardens is based on a specific calculation used by the Rice Creek Watershed District. The location of the rain gardens was not specified just the amount that would be required to meet the performance standard. Councilmember Holmes asked if there were other options that could be utilized to meet this requirement. City Engineer Bloom stated that catch basins do not infiltrate the water. She clarified that the volume of water that comes off the road and goes into the storm sewer system needs to be reduced. Councilmember Holmes stated that there were several neighborhoods that did not have rain gardens. She asked why this particular neighborhood would have fifteen. City Engineer Bloom stated that the other neighborhoods had been reconstructed prior to the Rice Creek Watershed District requirements for infiltration. Councilmember Holmes asked if the rain gardens were part of the agreement being presented. Civil Engineer Giga stated that the location of the rain gardens was based on those residents that had expressed interested in rain gardens. Educational materials were provided at each of the meetings pertaining to what a rain garden is and how to maintain a rain garden. The residents are asked to maintain the rain gardens in front of their homes. Councilmember Holmes asked if the resident had not expressed interest in the rain garden what would happen. AR—DEN HILLS CITY COUNCIL—May 26, 2009 7 Civil Engineer Giga stated that the Staff would have increased the size of the rain garden in the City right-of-way or talk to those residents that had not attended the meetings about possibly having a rain garden. City Engineer Bloom stated that if there had not been enough interest in the rain gardens then other alternatives would have been explored. She explained that a rain garden was a shallow depression behind the curb that is planted with native vegetation that allows rainwater runoff the opportunity to be absorbed into the soil. Councilmember Holmes asked how big the rain gardens were. City Engineer Bloom stated that this would depend on the volume of water directed at it. Councilmember Holmes asked for the average size. Civil Engineer Giga stated that the average size was about 200 square feet. Councilmember Holmes asked if these were located right next to the street. Civil Engineer Giga stated that there is a three foot buffer between the curb and the rain garden. This buffer helps to protect the rain garden during the winter from the sand and salt. Councilmember Holmes asked what would be considered native vegetation. Civil Engineer Giga stated that native vegetation would be either grasses or flowers that have a deep root system that would allow them to maintain their water supply when there is little or no rain. City Engineer Bloom stated that rain gardens cost about $1800.00 for an average 200 square foot garden. The City looks for volunteers for these gardens because it offers the City an opportunity to partner with the residents and it is also a less expensive alternative for the City to provide infiltration and bio-filtration. Other options to provide infiltration and bio-filtration would be to purchase land to build a pond, to put a pipe underground or a bio-filtration trench. Anytime the sub-grade is worked on then Rice Creek Watershed requires infiltration and bio-filtration methods to be in place in order to acquire a permit. The Maintenance agreement is also a requirement in order to acquire the permit. Councilmember Holmes asked if the property owners would be required to sign something stating that they would be responsible for these rain gardens. ARDEN HILLS CITY COUNCIL—May 26, 2009 8 Civil Engineer Giga stated that in 2006 the City did have residents sign a memorandum of understanding. Currently the City Attorney is reviewing an update to this memorandum before it is sent to the residents to sign. City Engineer Bloom clarified that the City does ask for volunteers for rain gardens. Civil Engineer Giga stated that since the rain gardens are part of the storm water aspect of the project it will be funded by surface water management funds. Councilmember Holden asked to see the agreement that the resident is asked to sign and also how this agreement would transfer to the next homeowner. Ms. Nelson pointed out earlier that a resident filled in their rain garden. Civil Engineer Giga stated that the rain garden that Ms. Nelson referenced was filled in with cooperation from the City. This particular garden was receiving more water than it was constructed for due to a resident upstream over watering their own lawn. Councilmember Holden clarified that the rain garden was doing what it was designed to do. Civil Engineer Giga stated that this was correct but because it was not sized to accommodate lawn sprinklers it was not performing as it would have otherwise. Councilmember Holden clarified that this resident was under the understanding that the pipe was plugged and it did not work but this was not the case. Civil Engineer Giga stated that this was correct. Councilmember Holden stated that she would like to see an update on the City's rain gardens. She also stated that there are usually a couple of resident who later decide that they are no longer interested in the rain gardens. She asked if the rain gardens in the design were set at the maximum or minimum or if there was a contingency plan. Civil Engineer Giga stated that if residents are still interested in having a rain garden then they can be added. Staff does anticipate a couple of residents backing out and there is a contingency built into the designs. The locations or sizes of rain gardens may change but an update would be provided to the Council and to Rice Creek Watershed. ARDEN HILLS CITY COUNCIL May 26, 2009 9 Councilmember Holden asked how many rain gardens are currently in Arden Hills and if they were all working as they were designed to. Civil Engineer Giga stated that there are currently around twenty rain gardens. The rain gardens seem to be doing well. Staff is currently going back through all the areas to make sure that this is the case. The residents who currently have rain gardens were told that there is a one year warranty on the vegetation in the garden. Staff will be doing any replacements that need to be done this spring. Councilmember Holden stated that Ms. Nelson had mentioned a rain garden that was built on an incline and was not doing what it was designed to do. She asked if this particular rain garden had been inspected yet. Councilmember Grant stated that this rain garden may be the one located on the Ingerson hill. Civil Engineer Giga stated that she would have Staff check into this and report back to the Council. Councilmember Grant asked if the overflow from the rain gardens went into the storm sewer or if the overflow went from rain garden to rain garden. Civil Engineer Giga stated that the rain gardens are individual and there may be one that might flow into another but this is not typically the case. Councilmember Grant asked if there was below ground piping. Civil Engineer Giga stated that some of the rain gardens that are close to a catch basin may have a drain the connecting into the catch basin. Councilmember Grant asked if there were any bioswales in this development. Civil Engineer Giga stated that she would need to check the plans. Councilmember Grant clarified that a bioswale was the same as a drainage ditch. City Engineer Bloom stated that they were essentially the same thing except for the type of vegetation involved. Councilmember Grant clarified that Rice Creek Watershed did not require rain gardens themselves. ARDEN HILLS CITY COUNCIL—May 26, 2009 10 City Engineer Bloom stated that infiltration was required for the first one inch of rain water. Councilmember Grant stated that the National Urban Runoff Program required two inches. Civil Engineer Giga stated that the National Urban Runoff Program requirement is for ponds and infiltration requirements are different. Councilmember Grant asked what would happen in the event of a ten or fifty year rain event. Civil Engineer Giga stated that the first inch of rain is considered the first flush and everything else would bypass the gardens into the storm sewer system. The first flush is where most of the pollutants are and getting this into the rain gardens where the plants can take out the nutrients and filter the water is what the Rice Creek Watershed District is looking for. Councilmember Grant stated that along with the absorption of nutrients infiltration was also lowering the water temperature slowing algae growth. He asked if the rain garden Ms. Nelson referenced was located in the Ingerson Neighborhood. Civil Engineer Giga stated that Staff would look into this and report back to the Council. Councilmember Holmes asked how the City could be assured that the rain gardens would be properly spaced so that they would be effective. Civil Engineer Giga stated that the locations were selected based on the feasibility of rain collection. Councilmember Holmes asked Civil Engineer Giga if she thought the rain gardens were well spaced on the map. Civil Engineer Giga stated that Staff had gotten a list of those residents that were interested in having a rain garden and then went to look at the properly. Staff worked with the residents to pick the best location. The rain gardens are sized to support the amount of rain that they will get in the location selected. AR—DEN HILLS CITY COUNCIL—May 26, 2009 11 MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to Approve Maintenance Agreement for Stormwater Management Facilities between Rice Creek Watershed District and the City of Arden Hills for the 2009 Pavement Management Program. Councilmember Holmes stated that there were no other options being presented beyond the rain gardens. She expressed concerns that rain gardens were the best answer to infiltration in this area. Councilmember Holden clarified that rain gardens were not the only option but rather the first choice. City Engineer Bloom stated that the rain gardens were selected based on the cost and interest of the residents to support rain gardens. Councilmember Holden clarified if the residents had not volunteered to support rain gardens then an alternative option would have been selected. City Engineer Bloom stated that this was correct. The motion was called to a vote. The motion carried unanimously (4-0). 6. PUBLIC HEARINGS A. Annual National Pollutant Discharge Elimination System (NPDES) Public Meeting Public Works Director Gregory Hoag stated every year the City is required to hold a public meeting on the Storm Water Pollution Prevention Plan. This plan focuses on ways the municipality will reduce the amount of sediment and pollution entering the surrounding water bodies. He reviewed the six minimum control measures and what the City had done to meet each of the control measures. He. reviewed the accomplishments of 2008 and the goals for 2009. Councilmember Grant stated that Staff should be sure to inspect all the rain gardens every year. Public Works Director Hoag stated that currently not all of them are inspected but rather reviewed when someone is in the area. Councilmember Holmes stated people from Ramsey County and the DNR attended the Shoreland Management Meeting that was presented by Community AR—DEN HILLS CITY COUNCIL—May 26, 2009 12 Development Director Lehnhoff. She stated that there were comments about there being problems with Lake Josephine from Ingerson, there is a pond there that is polluted. Ramsey County was supposed to go out there last Friday to take care of this and they did not. She asked if anyone knew what was going on with this situation. Community Development Director James Lehnhoff stated that he did not recall the exact issue and he was not sure that the situation was supposed to be taken care of last Friday. Public Works Director Hoag stated that Staff was talking to the resident to determine what she thinks needs to be done and determine what actually needs to be done. Over the last two years the City has worked on the inlet from the Fernwood ditch that leads into Lake Josephine and it was cleaned out two weeks ago. The resident may be thinking that the whole thing needs to be dredged but this is only a four year old facility. It is operating at this time as it was designed to. There was sediment at the inlet from Fernwood and Ingerson which was cleaned out last year and then again two weeks ago. Councilmember Grant stated that the amount of sediment was not all that surprising given the amount of drainage this bioswale collects. In the particular settling pond there are rocks about halfway down that have sunk down and may not be doing what they were intended to do. He asked Staff to take a look at this. Public Works Director Hoag stated that Staff will look at it. The rocks were installed to hold back the lake in a higher water situation. Last week the rocks were visible and it appeared that they are doing the intended job. Councilmember Holmes asked that this bioswale be inspected because this resident does have concerns with it. Mayor Harpstead stated that there are other ponds that the edges are falling and trees are falling into the pond. He suggested a six month project to survey and document the ponds in order to determine what needed to be done and the potential budget impacts. Mayor Harpstead opened the Public Meeting at 8:08 p.m. Mayor Harpstead closed the Public Meeting at 8:09 p.m. No public comment was received. AR—DEN HILLS CITY COUNCIL—May 26, 2009 13 B. Motion to Approve Resolution 2009-013 Ordering Abatement at 2015 Thom Drive for Noxious Weeds and Other Growth of Vegetation Not in Compliance with City Regulations Community Development Director James Lehnhoff stated due to a complaint about excessive grass and weed growth, Staff inspected 2015 Thom Drive on May 11, 2009. It was determined that the property was in violation of Section 602.02 Subd. 6 of the City Code. This property has demonstrated a history of reoccurring violations related to noxious weeds and excessive vegetation growth. In accordance with the City's accelerated abatement procedures in Section 602.07 of the City Code, a certified letter was sent to the property owner on May 14, 2009. The letter was also posted at the property. Based on the accelerated abatement procedures, the property owner has seven working days to abate the nuisance. Due to the reoccurring nature of this violation, Staff is requesting the City Council issue an order for abatement of noxious weeds and growth of vegetation in excess of eight inches at 2015 Thom Drive and to continue the abatement order for a two year period. Councilmember Holden clarified that a there had been a lawn mower at the property since the letter was sent on May 14. Commun ity Development Director Lehnhoff stated that there was some lawn mowing completed on the property on or about May 19 but the yard remains out of compliance with City regulations. Councilmember Holden asked if the mounds of dirt that are covered in weeds are addressed as well as the weeds. Community Development Director Lehnhoff stated that these are not included in this abatement at this time. Councilmember Holden stated that this was a complaint from residents and is also an ongoing problem with the property owner. Community Development Director Lehnhoff agreed that the lot was not in great condition. Councilmember Grant asked how Community Development Director Lehnhoff would characterize the grass on the property. Community Development Director Lehnhoff stated that there are weeds on the mounds of dirt; there is little grass growth but rather excessive weed growth. ARDEN HILLS CITY COUNCIL May 26, 2009 14 Councilmember Grant asked if the grass and weed growth was over eight inches. Community Development Director Lehnhoff stated that the Code Enforcement Offic ial was at the property and measured that height of the grass and weeds. Mayor Harpstead opened the Public Meeting at 8:11 p.m. Mayor Harpstead closed the Public Meeting at 8:12 p.m. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Approve Resolution 2009-013 Ordering Abatement at 2015 Thom Drive for Noxious Weeds and Other Growths of Vegetation Not in Compliance with City Regulations. Councilmember Holmes asked why the mounds of dirt were not being addressed at this time. Community Development Director Lehnhoff stated that it was unclear at this time where the mounds of dirt were covered in the City's Code. He stated that he was currently working on this with the City Attorney. He stated that the mounds of dirt would not be covered under the accelerated abatement because this was not an ongoing problem. Councilmember Holmes asked if the accelerated abatement procedure was only for ongoing problems or if it also included one time problems. Community Development Director Lehnhoff stated that it was not necessary to have an ongoing problem but the City does look at the history. He stated that Staff was working with the City Attorney to address the mounds of dirt at this location. The motion was called to a vote. The motion carried unanimously (4-0). 7. NEW BUSINESS A. Motion to Authorize Staff to Contract with Kimlev-Horn and Is Associates, Inc. to Provide Engineering Services for the County Road E Pedestrian Improvements in an Amount Not to Exceed $78,555 Civil Engineer Giga stated that one of the City Council's goals for the City is to eliminate the bottleneck for pedestrians and bicyclists that exists on the existing ARDEN HILLS CITY COUNCIL—May 26, 2009 15 bridge on County Road E over Trunk Highway 5 1. City Staff has been working with Mn/DOT to determine what improvements, if any, they would support on the existing bridge to improve safety (Alternative 1). Another alternative under consideration is the construction of a standalone pedestrian bridge north of the existing bridge (Alternative 2). At the May 18 Work Session the City Council asked for additional information relating to the project. She provided the additional information on the lifespan of a standalone pathway bridge, maintenance costs of a standalone bridge, fencing requirements, Mn/Dot's requirement to accommodate pedestrians on a future bridge at County Road E if a standalone pathway bridge exists, and if a variance could be requested for the 5 foot sidewalk on the existing bridge (Alternative 1) from Mn/DOT. She also reviewed the financial implications and funding sources for each of the alternatives. Councilmember Holden stated that the Council was not decided between Alternative 1 and Alternative 2 and at this time they would like to have the Federal Funding application be prepared for Alternative 2. She asked for clarification on what costs would be incurred in the short term. Civil Engineer Giga stated that in the short term the costs for the Federal Funding application preparation and project management and coordination costs would be incurred. Councilmember Holden asked to clarify that since the City was not sure what was happening with Mn/DOT and their time frame the contract would need to come back to the Council if they wanted to move forward with Alternative 1. Civil Engineer Giga stated that Staff would not move forward with final design for Alternative 2 until Council was certain that this was the alternative they wished to move forward with. Councilmember Holden asked why the Council was not being asked to approve some funds for Kimley-Horn to start working on Alternative 1 in addition to Alternative 2. Civil Engineer Giga stated that for either alternative there will be project management or coordination required. At this time the funds being expended would be the same regardless of which alternative the Council would like to move forward with. Councilmember Holden asked why the Council was not authorizing the expenditures for Alternative 1 as well as Alternative 2. AR—DEN HILLS CITY COiTNCIL—May 26, 2009 16 Mayor Harpstead asked why Kimley-Horn was not assisting the City with writing the variance justification, which would be under Alternative 1. Civil Engineer Giga clarified that they could if this was the direction that the Council decided to move forward with. Mayor Harpstead asked if this could be incorporated into this contract. Civil Engineer Giga stated that this was possible. Councilmember Holden stated that the Council should lock in the prices for both alternatives because the bids may expire before the City hears back from Mn/DOT. Civil Engineer Giga stated that this was possible to lock into both and the motion could specify the amount of $32,360.00 for Alternative 1 and $78,555.00 for Alternative 2. Councilmember Holden asked for clarification on how the totals were reached. Civil Engineer Giga stated that the total was based on the estimated fee on page 6 plus the supplemental amount in the e-mail response from Kimley-Horn for some of the services the City wanted included. Councilmember Holmes asked if an agreement could be written that would lock in the prices for both alternatives but have it state that it would be either Alternative 1 or Alternative 2. City Administrator Moorse asked if Mn/DOT determined that Alternative 1 is structurally workable in the next few months would the Council automatically make a decision to accept Alternative 1 without waiting to hear if the City would receive Federal Funds for Alternative 2. The City would not know about the Federal Funding until January of 20 10. Councilmember Holden stated that going over the costs of the two alternatives then she would recommend going with Alternative L Civil Engineer Giga stated that Federal funding requires a 20% local match and engineering fees are not an eligible cost. Councilmember Holden stated that Alternative 2 did not include the additional pathways that would be needed or if there would be land that would need to be purchased for right-of-ways. ARDEN HILLS CITY COUNCIL May 26, 2009 17 Civil Engineer Giga stated that the costs included the bridge, sidewalk on the east side tying into the existing sidewalk at Connelly and a short stretch of sidewalk that would be constructed on the west side to bring it back into the existing shoulder. Councilmember Holden stated that the additional sidewalks were not included in the original million dollar estimate the City had received. Civil Engineer Giga clarified that the original estimate was only an estimate. Councilmember Holmes stated that at the work session the Council had decided to - try and get the Federal funds and if they were able to get those then the City would move forward with Alternative 2. Councilmember Holden stated that her input was to stay with the existing Mn/DOT bridge. Mayor Harpstead stated that it was the understanding that the City would like to move forward with both alternatives until the answers were clearer on which alternative would be the best. The three questions that the City had were how to prepare a grant application by June 15, is it structurally possible to reconfigure the existing bridge, which was the Mn/DOT structural evaluation, and the final if a variance on the reconfigured existing bridge was a possibility. Civil Engineer Giga stated that the variance process is a quarterly process. Mayor Harpstead asked if the City would have an answer by the end of the year. City Engineer Bloom stated that the City missed the deadline for June but would be able to meet the deadline for September. Mayor Harpstead asked if there was any indication that the variance the City was requesting was unreasonable. City Engineer Bloom stated that the City could apply for a variance. Mayor Harpstead asked if there was a good chance that a variance would be granted. Civil Engineer Giga stated that she would have more information after talking to the District State Aid Engineer and let the Council know at that time. ARDEN HILLS CITY COUNCIL—May 26, 2009 18 Councilmember Grant stated that the Kimley-Horn document shows the final construction documents being done in July but there would be no feedback on the Federal funding until January of 2010. He stated concerns that final documents would be done before the Council had made any decisions. City Engineer Bloom stated that the process for the Federal funding is a deadline for submitting applications of June 15, a short list will be determined in October, and the final determination would be in January. Councilmember Grant stated that he would not approve spending funds on final construction documents before finding out that if there was funding for the project. Councilmember Grant stated that Kimley-Horn could be hired to do the Federal Funding application for the June 15 deadline. Looking at Alternative 1, it does not appear that the City would move very far on this until after the City knows about the Federal funding. Mayor Harpstead stated that Alternative 2 is an option but the priority is to gain the engineering experience to get the application in but the City would also like some capacity in working on Alternative 1. The proposal in front of the Council does not do both of these. City Engineer Bloom stated that both alternatives are similar until the design point. Councilmember Grant stated that the way the proposal is written is that by the end of July 2009, before the Council will know about their Federal funding application, the City will have paid for complete construction documents for both alternatives. Councilmember Holden asked if the time lines were set in stone. City Engineer Bloom stated that the time lines were not set in stone at this time. Councilmember Grant asked how long the bid was good for on Alternative 1. City Engineer Bloom stated that there was no expiration date on the bid. Councilmember Grant asked if there was an expiration date in the RFP. City Engineer Bloom stated that there was no expiration date in the RFP. She asked if Council was recommending that the amount of the contract be set at $321000. ARDEN HILLS CITY COUNCIL—May 26, 2009 19 Councilmember Holden stated that she would like to ensure that the prices that Kimley-Horn quoted for doing either/both projects were locked in. As long as the time lines are set properly and assistance for the variance is included then she would recommend approving the amounts for both alternatives. Civil Engineer Giga stated there has been a meeting tentatively set with Kimley- Horn for next Tuesday and these questions would be discussed with them at this time. Councilmember Grant stated a preference for limiting the scope rather than approving the entire amount. Councilmember Holden asked when the bids were received. City Engineer Bloom stated that the bid was received May 19, 2009. Councilmember Holden stated that the other bids that were received were twice the amount of the Kimley-Horn bid. Mayor Harpstead suggested authorizing Staff to contract for three items: Federal Funding Grant application, support for the variance application, and project management and support for the next couple of months in an amount not to exceed $25,000 and the Council would revisit at a later date. Councilmember Grant stated that he would support this language. Councilmember Holden stated that because these items were not what Kimley- Horn bid on they may not have the same bid for this work. Mayor Harpstead stated he would authorize Staff to work the contract. Mayor Harpstead suggested the Council authorize Staff to contract with Kimley- Horn and Associates, Inc. to provide engineering services for the County Road E Pedestrian Improvements in an amount not to exceed $25,000.00 including three specific deliverables: a grant application for a standalone bridge (Alternative 2), support or application of a variance request (Alternative 1), and project management support for a period of two months. Councilmember Grant stated that it was the desire of the Council to secure the bids for both alternatives because there was a different cost structure for these. It is the intent of the Council to move forward with only one alternative but they would like Kimley-Horn to honor the full bid. AR—DEN HILLS CITY COUNCIL May 26, 2009 20 Councilmember Holden stated that she would want to accept the bids for both alternatives; approving for Alternative 2 the funding for the Federal Funding application and administrative costs and approving for Alternative 1 no activity at this time. City Engineer Bloom clarified that the Council wanted to authorize moving forward with points 1.1 and 1.2 for Alternative 1 and points 2.1 and 2.2 for Alternative 2 (located on page 6 of the Kimley-Horn document) and wait to move forward with final specs until funding has been secured. She clarified that the consultants will not be moving ahead with anything until the funding has been taken care of. Mayor Harpstead clarified that he would be interested in support from outside engineering consultants to attend the Mn/DOT meetings as it pertains to points 1.1 and 1.2 on Alternative 1. Councilmember Holmes stated that point 1.2 could be included with assistance with the variance. She would recommend deleting the dates on page 7 of the document. Councilmember Grant stated that 1.2 includes design plans and he would not approve having. plans done if Mn/DOT comes back and says that Alternative 1 is not feasible. Councilmember Holmes stated that the Council should trust the engineers to not move forward with having plans drawn up if Mn/DOT determines that Alternative 1 is not going to work. Councilmember Grant stated that as soon as Mn/DOT says it is approved then the Council can approve moving forward with 1.2. Councilmember Holden stated that Council could accept the bids and instruct Staff regarding additional Council direction. Councilmember Holmes stated that the first paragraph on page 7 should be deleted. Mayor Harpstead stated that Staff would be instructed to move forward with the grant application before the contract is signed. AR—DEN HILLS CITY COUNCIL May 26, 2009 21 MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to Authorize Staff to Contract with Kimley-Horn and Associates, Inc. to Provide Engineering Services for the County Road E Pedestrian Improvements in an Amount Not to Exceed $78,555 for Alternative 2 and to Authorize Staff to Contract with Kimley-Horn and Associates, Inc. to Provide Engineering Services for the County Road E Pedestrian Improvements in an Amount Not to Exceed $32,360 for Alternative 1. Mayor Harpstead stated that it would be up to Staff to manage and limit the scope per the Council comments. Councilmember Holden clarified that the motion was to accept both bids. Councilmember Grant stated that the Council should limit the scope of the motion. MOTION: Councilmember Grant moved and Councilmember Holmes seconded a motion to Amend the motion and Instruct Staff to Limit the Scope of the Contract with Kimley-Horn to Items 1.1 and 1.2 for Alternative 1 and Items 2.1 and 2.2 for Alternative 2 Until Further Notice From Council. Mayor Harpstead asked City Engineer Bloom if this would be workable. Councilmember Grant clarified that Staff would manage point 1.2 to reasonable and necessary items. City Engineer Bloom stated that this is understandable. The motion to amend the scope of the contract was called to a vote. The motion carried unanimously (4-0). The motion as amended was called to a vote. The motion carved unanimously (4- 0). S. UNFINISHED BUSINESS None. 9'. COUNCIL COMMENTS AND REQUESTS ARDEN HILLS CITY COUNCIL—May 26, 2009 22 Councilmember Holden stated that in the Admin Update it states that there are no permits older than four years old. She asked if there was a plan or process in place to bring this more current. Community Development Director Lehnhoff stated that Staff has been working on this and it is currently down to under four years old. Staff considers any permit two years old or newer to be current. Councilmember Holden asked if the process was working. She asked for an estimated time line on when the permits would be current. Community Development Director Lehnhoff stated that any permit two years or newer is considered to be current. He sated that he would talk to Mr. Scherbel about this and report back to the Council Councilmember Holden stated that there had been a City of Roseville car outside her driveway putting in a traffic count. She asked if this was contracted through engineering services for Roseville to do. Civil Engineer Giga stated this service was part of the JPA and the traffic counts were required on State Aid streets. Councilmember Holden clarified that the comments from Ms. Nelson were documented and would be addressed. Public Works Director Hoag stated that he would review the comments and concerns. He stated that Staff was aware of some of the items that were brought up but he would review the other areas of concern. Councilmember Grant asked for an update on the Safe Routes to School project including the "100 year rain culvert". City Engineer Bloom stated that the City should hear on their application for ARRA funding by June 10. Staff would bring a full update to the Council at the June 15 work session. Mayor Harpstead stated that it may be possible to due the full project including the culvert with the funding. Councilmember Grant asked if construction would still begin this year. ARDEN HILLS CITY COUNCIL—May 26, 2009 23 City Engineer Bloom stated that it may not be completed but would like to make a full report to the Council on June 15. Councilmember Holmes stated that it was her understanding that this project would be for the 20 10 school year. City Engineer Bloom stated that initially it was planned for this year but it was suspended until there was more information regarding funding. Since Roseville would be charging to do the final specs and plans they were being financially responsible by waiting to make sure there was going to be a project. Councilmember Grant stated that Council was still going to do the project even with the overages but there must have been a misunderstanding. Councilmember Grant stated the City had agreed to snow plow and cut the grass at the Ramsey County Library in order to keep the library. He asked if this agreement was still in place. Public Works Director Hoag stated that at this time the agreement was still in e ffe c t. Councilmember Grant asked if the dandelions would be the City's responsibility. Public Works Director Hoag stated that they could be but he was not sure. Councilmember Holden stated that the agreement stated maintain. Councilmember Grant asked Staff to check into this. Councilmember Grant asked for an update on the I&I Program, specifically the Sump Pump Program, forms, staff and time line. Public Works Director Hoag stated that the admin staff had started working with New Brighton's database but after the PermitWorks software came in they opted for this as the best solution for tracking and maintaining all the data. The letters and forms for the Sump Pump program should be completed by the end of the week with the inspections starting within the next couple of weeks. Councilmember Holden asked how the inspections could start when the letters have not been mailed yet and no appointments have been made. ARDEN HILLS CITY COUNCIL—May 26, 2009 24 Public Works Director Hoag stated that within two weeks the intent is to start doing inspections. Staff will be moving door to door as well as setting up appointments. Councilmember Holden asked how many people would be doing the inspections. Public Works Director Hoag stated that one person would be doing inspections. Councilmember Holden asked how many homes were expected to be completed this year. Public Works Director Hoag stated that the goal was to complete the north half of the City or Meter Shed 59. Mayor Harpstead stated that this would be roughly 40% of the total number of the houses in the City. Councilmember Grant requested an update for the last Council meeting in June. Councilmember Grant stated last fall that there are several trees along County Road 96 that are dead or dying. These trees had been put in by Ramsey County at one time when the road was reconstructed. He asked what the City was going to do about these trees and what the City was going to do about watering the trees. Public Works Director Hoag stated that Staff had been out watering the trees throughout the City for the last two weeks. He stated that he and Chris had met with the contractor as the County Road 96 project was being completed to determine what trees were replaceable under the contract and which ones were not. If the trees had any living green then the tree was considered alive and was not replaceable. Councilmember Grant asked how many trees were going to be replaced and when they would be replaced. Public Works Director Hoag stated that Staff had no plans at this time to replace these trees. All the trees that were replaceable from the contract last year were replaced. Mayor Harpstead clarified that the contract was closed at this time. Public Works Director Hoag stated that the contract was closed and any trees that needed to be replaced were the responsibility of the City. ARDEN HILLS CITY COUNCIL—May 26, 2009 25 Councilmember Grant asked that this item be brought to a work session for further discussion. Mayor Harpstead stated that there were possible budget impacts involved. Councilmember Grant asked if a street that has curb and gutter existing would be grand-fathered in regarding storm water treatment. Civil Engineer Giga stated that future projects would trigger different bio-filtration and infiltration requirements. Mill and overlay projects would not require filtration but work done at the sub-grade level or below would. Councilmember Grant clarified that this included full depth mill and overlay proj ects. Councilmember Grant stated that Xcel Energy had been surveying the high voltage towers along the railroad tracks. He stated that they were potentially going to be installing metal towers to replace the wood ones. He stated that residents have indicated that in the winter the electricity could be heard and changing to a steel structure may make these sounds louder. Community Development Director Lehnhoff stated that he had talked with the proj ect manager and a report would be coming to the City but there was not a timeline for the report. If residents have changes that they would like to request they should send those to him. Any changes would be two to three years out. Councilmember Grant stated that emergency response was not on the agenda as requested. He requested an update from Staff. Public Works Director Hoag stated that there had been an update in the Admin Report. The first rough draft of the Arden Hills EOP is being reviewed by Ramsey County. It is expected to be presented to the Council at the July work session with Ramsey County Emergency Management coming to the meeting. Councilmember Holden stated that she would like to have a rough draft as soon as possible. Public Works Director Hoag stated that he would like to continue this discussion offline. ARDEN HILLS CITY COUNCIL—May 26, 2009 26 Councilmember Grant stated that he would like to return his keys to the water tower. Councilmember Holden stated that she had already returned her set. Councilmember Grant asked how many summer help the City currently had. Public Works Director Hoag stated that six people reported in. One person had to quit but there was a long time employee that would like to return. There would be six people in a week. Councilmember Holmes stated that the first Celebrate Arden Hills Committee meeting. She would provide an update at the June 15 work session. Councilmember Holmes stated that she would like to supplement the e-mail regarding the Parks and Recreation meeting. The PTRC would not be able to provide the Council with a recommendation on how the park should be designed because they did not understand the drainage report and is questioning how the drainage improvements work and how it is being addressed. She recommended the engineer present the drainage study to the PTRC again or to the Council. Councilmember Grant stated that it appeared the PTRC was saying that removing some blockage to Lake Valentine the lake would be slightly lower. Councilmember Holmes stated that this was one comment regarding the blockage on the north side of the lake. The PTRC does not understand the whole drainage study. Councilmember Grant asked how much the park had flooded this year. Parks and Recreation Manager Michelle Olson stated that the park was still wet but because of the dry weather the park was not flooded. Councilmember Grant asked if the park had flooded this spring. Parks and Recreation Manager Olson stated that the parking lot did not flood like it has in the past. Councilmember Grant stated that the removal of the blockage on the north side may be effective. AR—DEN HILLS CITY COUNCIL—May 26, 2009 27 Mayor Harpstead stated that Staff needs to review the whole issue because there is a difference between the outflow and the area where the water comes from. Councilmember Grant stated that the O&M employees use to plug up the culvert in the spring to prevent the back flow and then remove it later. Parks and Recreation Manager Olson stated that Staff and WSB have spoken to Rice Creek Watershed District and they have noticed that there is a great deal of sediment in the culvert. It has been determined that the City should contact Ramsey County about this sediment and cleaning the culverts. Adding an outlet as an option would involve the DNR. Todd Hubmer from WSB would be able to make a - presentation on the drainage study on June 15. Councilmember Holden asked which culvert was being referenced. Parks and Recreation Manager Olson stated there were two culverts that could be cleaned out. There is one on 10 on the south side of the lake, but she is referencing the culvert on Old Highway 10 that goes into the park. She stated that WSB could come to the June 15 meeting and go over the drainage study. Councilmember Holmes stated that the point is the PTRC was stating that they do not understand the drainage study and therefore would not make a recommendation to the Council. Councilmember Holden asked when the study was done if the focus was on just a small part of the park or if it encompassed a larger area. Civil Engineer Giga stated that WSB had encompassed the area right around the park and large portion of the Venus, Glenview/Dellview neighborhood. Councilmember Holden asked if it would be advantageous to look further towards the lake. Mayor Harpstead stated that the study did include the ordinary high water mark as one of the criteria in the study. Councilmember Holden stated that some explanation was needed. She stated that she would like clarification on how the lake itself works and all the inputs and outputs. Public Works Director Hoag stated that several times a year a beaver dam caused problems on the south side. AR—DEN HILLS CITY COUNCIL—May 26, 2009 28 Mayor Harpstead stated that as long as the DNR measures the high water mark it is considered to be normal in terms of the lake's behavior. If the water does not exceed this level then the City would not be able to modify the lake level. Councilmember Holmes stated that the lake was supposed to drain into the park. Civil Engineer Giga stated that she would need to verify that the pipe is directed towards the lake. Councilmember Holmes stated that the PTRC would not make a recommendation until they understood the drainage report. City Administrator Moorse clarified the Council wanted WSB to make another presentation to the PTRC. Councilmember Holmes stated that this would be the first step. City Administrator Moorse clarified that the plan would be to have the engineer make a presentation to the PTRC. Councilmember Holmes stated that it would only be on the drainage study. Councilmember Holden stated that she would like an understanding of the lake because there were so many parties involved including, Rice Creek Watershed District, the DNR, the City, and Ramsey County. Councilmember Holmes stated that that had been discussed at a meeting coordinated by Community Development Director LeYinhoff. Doug Thomas, from Rice Creek Watershed District, does have a good understanding of how Lake Valentine works. Councilmember Holden stated that he should come to the PTRC meeting. Civil Engineer Giga stated that she would ask him to attend. City Administrator Moorse stated that according to the e-mail that was sent to coordinate a meeting the City, the Army/GSA, and Bill Harper a 5:00 meeting time would work. Councilmember Holmes asked if this would be for the June 22 meeting with Congresswoman McCollum. ARDEN HILLS CITY COUNCIL May 26, 2009 29 City Administrator Moorse clarified that he was referencing a meeting in July. Councilmember Holden stated that the June 22 meeting had not been confirmed. Councilmember Grant stated that he would not be able to attend the June 22 meeting. City Administrator Moorse stated that there was a TCAAP work session scheduled for June 8. This would be a good time for the Council to discuss the Council's communication plan relating to TCAAP before the June 22 meeting. Councilmember Holmes stated that she would not be able to attend the June 8 meeting. Councilmember Grant requested a start time of 5:30 for the June 8 Work Session. Mayor Harpstead stated that this would be acceptable. ADJOURN MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to adjourn. The motion carried unanimously (4-0). Mayor Harpstead adjo Regular City Council Meeting at 9: p a`A p tan rest �'" ��.. Ronald J. Moo e Mayor City Administrator