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HomeMy WebLinkAbout06-29-09-R ~ ~HILLS Approved: August 10,2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 29, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Pro Tern Dave McClung called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Pro Tern Dave McClung, David Grant, Brenda Holden, and Fran Holmes. Absent: Mayor Stan Harpstead (excused). Also present: City Administrator Ronald Moorse; Community Development Director J ames Lehnhoff; Public Works Director Gregory Hoag; Civil Engineer Kristine Giga; City Attorney Jerry Filla; Parks and Recreation Manager Michelle Olson; City Planner Meagan Beekman; Daniel Riehle, Facilities Manager at Boston Scientific; Chris Goodwin, Eureka Recycling; Tim Brownell, Eureka Recycling; ~en Nielson, representing AT&T; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holmes requested that TCAAP Items be added as item 7C. Councilmember Holden requested that item 4B be pulled from the Consent Calendar and Forestry be added as item 7D. Councilmember Grant requested item 4E be pulled from the Consent Calendar. Councilmember Holmes requested item 4D be pulled from the Consent Calendar. ARDEN HILLS CITY COUNCIL - June 29, 2009 2 Mayor Pro Tem McClung stated that the motion to officially accept the donation from Boston Scientific for the Save Routes to School Project will be made under item 7B but there will be a presentation added to the agenda as item 2B. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the agenda as amended. The motion carried unanimously (4-0). 2. PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP Update City Administrator Ronald Moorse stated that Representative McCollum hosted a listening session on Monday, June 22, at which elected officials from all governmental levels, as well as the general public, were invited to provide their input to Representative McCollum regarding the future of the TCAAP property. The session was well attended. Officials from State, County, and City jurisdictions, as well as a number of Arden Hills residents, and speakers representing a number of different land use options provided comments at the hearing. The City Council, the Army/GSA, and representatives from Representative McCollum's office and Senator Klobuchar's office will meet in mid-July to discuss issues related to the sale/transfer of the TCAAP property. Councilmember Holmes asked if the meeting with the Army/GSA had been set. City Administrator Moorse stated that this meeting was scheduled for July 15, 2009. Mayor Pro Tem McClung asked what time the meeting was scheduled for. City Administrator Moorse clarified that the meeting was scheduled for July 15 at 5 :30 p.m. B. Presentation of Donation from Boston Scientific for the Safe Routes to School Proiect Parks and Recreation Manager Michelle Olson stated at the City Council Work Session on March 19, 2009, Staffpresented the Safe Routes to School Project cost analysis. Council directed Staff to work on finding cost savings within the project. During this process, Community Development Director Lehnhoff and Parks and Recreation Manager Olson approached Boston Scientific regarding a possible ARDEN HILLS CITY COUNCIL - June 29, 2009 3 donation toward the Safe Routes to School Project. Daniel Riehle from Boston Scientific researched the possibilities and informed the City that they would like to make a donation of $10,000. The only stipulation given regarding the donation is that it would be utilized for the Safe Routes to School Program. The City extends their appreciation to Boston Scientific for their generous donation. The Safe Routes to School Project is tentatively scheduled for construction sometime in the spring of 2010. Staff will keep Boston Scientific updated on the progress of the project and will invite them to any ribbon cutting that may occur. Mr. Daniel Riehle, Facilities Manager from Boston Scientific, stated that Boston Scientific is very supportive of the Safe Routes to School Program. Mayor Pro Tem McClung expressed appreciation for the role that Boston Scientific has in the community of Arden Hills and the generous donation that they have provided for the Safe Routes to School Project. Councilmember Holmes stated that at the meeting with Representative McCollum, a Boston Scientific employee had expressed support for having parks and open space in the TCAAP area. She also stated that Boston Scientific is a vital member of the Arden Hills community. Councilmember Holden expressed thanks for the donation that Boston Scientific had made to the Safe Routes to School Project. Councilrnember Grant expressed his thanks to Boston Scientific for their donation. Mayor Pro Tem McClung stated Boston Scientific would be invited to the official ribbon cutting ceremony. Public Mayor Pro Tem McClung opened the public inquiries/informational at 7:13 p.m. Ms. Mary K1uska, 1395 Colleen Avenue, Arden Hills, representing herself, Sara Thrasher, 1385 Colleen Avenue, Arden Hills, Brian Holstine, 1449 Colleen Avenue, Arden Hills, and Debra and Dan Yarnan, 1423 Colleen Avenue, Arden Hills, expressed that the neighborhood had concerns about the tree removal that Xcel Energy is currently doing in their area. Xcel Energy is intending to clear 37.5 feet on both sides of the power lines for a total of 75 feet, which is excessive. The Xcel Energy website states that there should not be anything planted within 20 feet not the 37.5 feet that they are clearing. ARDEN HILLS CITY COUNCIL - June 29, 2009 4 Councilmember Holden stated that Staff would look into this and see if the laws had changed regarding the rights of the property owners. Councilmember Grant stated that Staff would look into the easement that Xcel Energy has and verify that they are not claiming an easement area that is larger than what they are entitled to. He asked Community Development Director Lehnhoff if the easement information was on file. Community Development Director James Lehnhoff stated that the easements may not be on file but they would likely be on the plat. He stated that he would check into this. Mayor Pro Tem McClung directed Staff to look at what the City's options are regarding this matter and report back to the Council. Councilmember Holden stated that the City needed to move quickly since Xcel Energy was in the neighborhood at this time removing trees. Ms. K1uska clarified that the company that was doing the tree cutting was an independent contractor and not from Xcel Energy. She stated that the neighborhood is seeking a reasonable solution. Councilmember Grant asked if Ms. Kluska knew how much of the easement encroached on the property based upon the deed to the property. Ms. K1uska stated that it was almost 75 feet. Councilmember Grant asked if there had been anyone surveying or marking the area. Mr. Holstine stated that this had been done two years ago. He stated that at this time he has not been able to get in touch with the independent contractor to get his questions answered and he has left several messages for him. Ms. K1uska stated that she had received a work bill that was requesting a signature. She provided a copy of the work bill for the Council. Councilmember Grant asked when this had been put on the residents doors. Ms. K1uska stated that the residents had received a letter from Xcel Energy about a month ago and the work bill was left on the door about ten days ago. ARDEN HILLS CITY COUNCIL - June 29, 2009 5 Councilmember Holden asked Community Development Director Lehnhoff to contact someone at Xcel Energy on Tuesday morning. Community Development Director Lehnhoff stated that he had a contact person at Xcel and would reach him in the morning. He also requested a copy of the work bill. Councilmember Holden stated that Xcel should also be told that their contractor is not returning phone calls to the residents. Mayor Pro Tem McClung stated that Community Development Director Lehnhoff should try and get someone in person to the area so that they could possibly negotiate to save some of the trees in the neighborhood. Councilmember Holden asked how the contractor was measuring the 75 feet. Councilmember Grant asked Community Development Director Lehnhoff to also obtain a schedule from Xcel Energy on other areas that would be worked on in Arden Hills so that the Council may react. Ms. K1uska stated that the Xcel Energy website only has guidelines for planting and does not have the easement area listed. Mayor Pro Tem McClung clarified that Community Development Director Lehnhoff would be contacting Xcel Energy on Tuesday morning to see if there was anything that the City could do to potentially save some of the trees. Mr. Holstine stated that he would also like to be sure that the contractor doing to tree cutting is aware of the surface drain pipes on his property so that they are not damaged. Mr. Gregg Larson, 3377 N. Snelling Avenue, Arden Hills, commended the Council on their work on anticipating changes on County Road E and setting design guidelines for future developments. He stated that the proposed Walgreens facility was not sufficient to portray the City's vision for this area. He requested that the Council consider not approving the plan and asking the developer to design something better for the community. Mayor Pro Tem McClung closed the public inquiries/information at 7:35 p.m. 3. APPROVAL OF MINUTES ARDEN HILLS CITY COUNCIL - June 29, 2009 6 A. April 20.. 2009 City Council W orksession Meetin2 Councilmember Holden stated that on page 9, the sixth paragraph should be changed to read "Councilmember Holden asked if the fire department building meeting rooms could be opened for public use." Councilmember Holmes requested that the minutes be presented to the Council in a timelier manner. She also stated that on page 12, the first paragraph the phrase "for clarification purposes" should be removed. She also stated that she did not recall Mayor Harpstead and herself talking about a discrepancy. She clarified that the reason she wanted to review the assessment policy was because of the downturn in the economy and the increased expenses. She requested the second sentence be changed to "She felt that due to the downturn in the economy and increased expenses it [the assessment policy] should be further reviewed by the Council." She suggested removing the word discrepancy in the second paragraph on page 12. Councilmember Holden recalled that the only thing the Council was worried about was what percentage the residents paid and what percentage the City paid but this had not been considered a discrepancy. Councilmember Holmes agreed that this was a concern but not a discrepancy. She stated that she would like to change her statement and suggested checking with Mayor Harpstead in regards to his statement. City Administrator Moorse stated that the discussion was costs going up and home values have not been going up and the City is assessing 50%. He stated that the word discrepancy was not the right word but rather this was an issue related to the validity of the assessment given the costs are higher. He stated that Staff could review the tape to clarify the conversation. City Attorney Jerry Filla stated that a resident had raised the question about the difference in the assessment rates among cities. Councilmember Holden stated that the assessment hearing had been after the work session meeting so this question had not been raised yet. Councilmember Holmes stated that the reason the Council was having the discussion was to determine if they were going to review the assessment policy. She had wanted to review the assessment policy because she thought that due to the economic downturn and expenses going up the policy should be reviewed. She was concerned about the burden on the residents. ARDEN HILLS CITY COUNCIL - June 29, 2009 7 Councilmember Holden stated that the Council had not talked about the assessment policy until it had appeared on the agenda and one of the questions in the work session was "why was it on the agenda". Councilmember Holmes stated that there were two aspects to this: the Council had tabled a discussion of the assessment policy and whether the Council should discuss the assessment policy. The decision of the Council was to not bring the assessment policy back for further discussion. Mayor Pro Tem McClung suggested either modifying or striking the last sentence. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to table the April 20, 2009 City Council W orksession Meeting Minutes. The motion carried unanimously (4- 0). Mayor Pro Tern McClung requested that Staff review the tapes of this meeting. B. April 27.. 2009 Re2ular City Council Meetin2 MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve the April 27, 2009 Regular City Council Meeting Minutes as presented. The motion carried unanimously (4-0). 4. CONSENT CALENDAR A. Claims and Payroll B. 1fotion to .L^~ppro'le Rene\~/al of the Cable Service 1^~greement "<<"/ith the City of Ne"<<vv Brighton Effecti'/e July 31, 2009 through July 31, 2010 C. Motion to Approve Payment #1 to Frattalone Companies, Inc. of Little Canada, Minnesota, in the Amount of $56,409.09 for the 2009 Pavement Management Program D. 1fotion to .L^~pprove 1^~ddendum Number One to the Original Kimle)T Horn Contract, v/hich includes as i\dditional f~mount Not to Exceed $28,100 in Engineering Fees, in Order to Include a Connecting Trail from Old Snelling to the Proposed Pedestrian Bridge Structure O'/er Snelling 1\ '/enue (TH 51) E. 1^~ppro'/e Planning Case 09 009 for a Conditional Use Permit .L^~mendment at 3900 Bethel Dri'/e Based on the Findings of Fact and the Submitted Plans as .L^~mended b)T the Fi'/e Conditions in the June 29, 2009, 1femo to the City Council ARDEN HILLS CITY COUNCIL - June 29, 2009 8 F. Amendment to Section 710 of the City Code Regarding Ash Trees MOTION: Councilmember Grant moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 5. PULLED CONSENT ITEMS A. Motion to Approve Renewal of the Cable Service A2reement with the City of New Bri2hton Effective July 31.. 2009 throu2h July 31.. 2010 City Administrator Moorse stated that the City's current agreement with the City of New Brighton expires July 31, 2009. This agreement includes video taping the monthly Planning Commission and City Council meetings, scheduling the playback for these meetings, and inputting information on the cable channel bulletin board. To ensure that the City is getting the best possible service at the best possible rate, the City asked Terre Heiser, Network Manager for the City of Roseville, to review the new agreement. Mr. Heiser has indicated that this is a good agreement based on price and service. Councilmember Holden asked what the City is currently paying for these services and what the percentage increase is. City Administrator Moorse stated that he did not have the information but would forward it to the Council. Community Development Director Lehnhoff stated that the current monthly amount was $380-$385. He stated that he would verify this amount for the Council. Councilmember Holden asked what the increase in the rate was paying for since the services did not change. Community Development Director Lehnhoff stated that he did not have that information at this time. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to table the motion to Approve Renewal of the Cable Services Agreement with the City of New Brighton Effective July 31, 2009 through July 31, 2010 to the July 13, 2009 City Council meeting. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL - June 29, 2009 9 B. Approve Plannin2 Case 09-009 for a Conditional Use Permit Amendment at 3900 Bethel Drive Based on the Findinl!:s of Fact and the Submitted Plans as Amended bv the Five Conditions in the June 29.. 2009.. Memo to the City Council City Planner Meagan Beekman stated the applicants have requested a Conditional Use Permit (CUP) for AT&T to install a cellular tower and adjacent equipment shed on the Bethel University campus at 3900 Bethel Drive. The tower and equipment shed would be located on the southeast side of the parking lot immediately adjacent to the recently added East Lot parking area (approved through Planning Case 07- 022), approximately 170 feet from the eastern property line abutting Trunk Highway 51. Councilmember Grant stated that this particular tower would be visible by the community and should not be approved due to aesthetic purposes and the proximity to County Road E. He stated that there are other locations that could be considered and this particular location is not keeping with the City's Guiding Vision. Councilmember Holmes stated that there is a need for the campus to have increased cellular capabilities for its students and faculty. She asked why a current tower or location was not being used for the increased capacity. Ken Nielson, representing AT&T, stated that the first thing that is looked for when locating a facility to provide wireless capabilities in a location is the current structures. There is a water tower on Cummings Park Drive, about a mile north of Bethel University, and AT&T is already on that tower. This tower is experiencing periods of overloading at this time, and this is forecasted to get worse. Mayor Pro Tem McClung clarified that Mr. Nielson was referring to the cell antennae that was currently on the water tower. Mr. Nielson stated that AT&T does try to utilize current locations whenever possible but with the dense population of users on the campus an on-site location offered the best solution. AT &T worked with Bethel University for over a year to find the most optimal location that would not interfere with growth and daily operations and be hidden to a great degree by mature trees. Councilmember Holden asked if AT&T or Bethel University had met with the residents in the area. ARDEN HILLS CITY COUNCIL - June 29, 2009 10 Mr. Nielson stated that the location of the proposed tower is 1800 feet from any residential areas and there were no neighborhood meetings. Councilmember Holden stated that the AT&T website showed that the area where this pole is proposed to be is shown to have "best service". She asked how the website could be saying this area has the best service and there still be a need for additional towers. Mr. Nielson stated that he would bring this to the attention of the marketing department but he was not able to speak to the content of the website. The engineering people have received several complaints of poor service and overloading in this area. Councilmember Grant stated that he had talked with several Bethel University students and they had not expressed any problems with their cellular service on campus. Councilmember Holmes stated that wireless service was not restricted to cell phone use especially on campus where students rely heavily on wireless internet access. She also stated that the proposed area for the tower is the most industrial location on the campus grounds and was an optimal location. It would be a disservice to Bethel University and its students not to allow them to provide better wireless service. Councilmember Holden stated that under the B2 Plan the area across the street from the proposed location is not expected to continue to be an industrial area. Councilmember Holmes asked if the across from the proposed tower location was part of the B2 District. City Planner Beekman outlined the zones for the Council. She stated that the area across the street from the proposed location is the I Flex Zone. Mr. Nielson provided a zoning map for the Council. Councilmember Grant stated that there are other wireless providers at Bethel University. He asked if AT&T had considered other options for increasing the wireless capabilities at Bethel. Mr. Nielson stated that the engineering group had determined that the best solution would be a tower as close to the campus as possible to ensure in-building coverage. AT&T had looked at other locations on the campus grounds as well. The location ARDEN HILLS CITY COUNCIL - June 29, 2009 11 that is being proposed is one that Bethel University could work with for their future growth plans. AT&T has worked with Bethel University for over a year and there had been a great deal of effort to comply with the City's code. Councilmember Grant asked how AT&T had complied with the City's code. Mr. Nielson stated that the code was gotten off of the City's website. The City code pertaining to wireless towers is outlined very clearing and the engineers worked to comply with all the aspects of this code. AT&T worked with Bethel University on the design not with the City's Staff. Councilmember Grant asked if the height of the pole could be less and still provide sufficient coverage. Mr. Nielson stated that the best amount of coverage with the least amount of additional towers would require a tower that is 75 feet. Councilmember Grant asked if there were other cellular towers or locations in the area that could be used. Mr. Nielson stated that they did not find any other structures that met the engineering requirements for in-building reliable coverage to the University. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to table Approving Planning Case 09-009 for a Conditional Use Permit Amendment at 3900 Bethel Drive to the July 13, 2009, meeting. The motion carried (3-1 - Mayor Pro Tem McClung). City Attorney Filla asked when the completed application was received. City Planner Beekman stated that the application would need to be extended an additional sixty days, the deadline is June 30, 2009. City Attorney Filla asked the Council for clarification regarding the reasons for tabling the item until July 13, 2009 because Staff will need to provide this information to AT&T in writing. Councilmember Grant stated that there would be a full Council at the July 13 meeting and that the Council would like to further review the conditions. He also stated that the Council would like to review the alternate sites that were considered by AT&T. ARDEN HILLS CITY COUNCIL - June 29, 2009 12 Councilmember Holmes stated that she would like to review the other options, beyond the proposed tower, that AT&T had considered for providing increased service to Bethel University. Councilmember Holden clarified that she had just received the information regarding this motion and had not reviewed the conditions. Mayor Pro Tem McClung stated that this item would be on the agenda for the July 13, 2009 City Council Meeting and the Council have requested additional information from the applicant prior to that meeting. Councilmember Holmes requested a point of clarification regarding the vote to table the motion. She asked if the vote had been tied if this would be a yes or no vote. City Attorney Filla stated that it would be neither and therefore it would be approved by statute. A 2-2 vote would not be sufficient to satisfy the requirements of Statute 1599. If it is not voted up or down and the sixty days expires without Council action then it would be approved by Statute 1599. Councilmember Holden stated that the Council had adopted a policy requiring a full Council for some types of votes. Mayor Pro Tem McClung requested the City Administrator bring this policy back to the Council. City Attorney Filla stated that the Council had been concerned about having only three members present which would be a quorum and they could conduct a meeting and a majority vote would only require two votes in this case. C. Motion to Approve Addendum Number One to the Ori2inal Kimley-Horn Contract.. which Includes an Additional ~~mount Not to Exceed $28..100 in En2ineerin2 Fees.. in Order to Include a Connectin2 Trail from Old Snellin2 to the Proposed Pedestrian Brid2e Structure over Snellin2 Avenue (TH51) Parks and Recreation Manager Olson stated at the May 26, 2009 Regular City Council Meeting, Kimley-Horn and Associates was selected from the City's engineering pool to proceed with an application for funding through the 2009 Regional Federal Transportation Program for the County Road E pedestrian/bicycle overpass of Snelling Avenue (TH51). On June 8, 2009, the City Council adopted a ARDEN HILLS CITY COUNCIL - June 29, 2009 13 resolution supporting the application. At that meeting, City Council directed Staff to include a trail from Old Snelling to the proposed pedestrian bridge structure over Snelling Avenue (TH51) in this application. In order to include this section of trail, the City Council was informed that the contract with Kimley-Horn would need to have an addendum approved for the additional engineering services related to the trail. Councilmember Holmes asked for additional clarification because Kimley-Horn, with the original contract had only been authorized to prepare the grant application. She asked to clarify that the addendum did not authorize Kimley- Horn to perform all listed duties. Parks and Recreation Manager Olson stated that additional language could be added to ensure that Kimley-Horn would not be permitted to continue until they had received additional direction from the Council. The original contract is set up so that they cannot proceed without direction from the Council and the addendum could also have similar language. Civil Engineer Kristine Giga stated that additional wording could be added that stated Kimley-Horn was not to proceed until there was approval from the Council. Councilmember Holmes stated that the item could be tabled until it could be presented in a clearer fashion. Mayor Pro Tem McClung stated that he had been unable to be present at the original meeting that approved the Kimley-Horn agreement so he would support either decision that the Council made. City Administrator Moorse stated that under Schedule in the addendum it clearly states "Upon authorization of work tasks, we will provide these additional services" and this is similar to the language in the original agreement. Mayor Pro Tem McClung stated that this addendum was amending task 2.5 of the original contract and at this time this task had not been approved by the Council. Civil Engineer Kristine Giga clarified that tasks 1.1, 1.2, 2.1 and 2.2 were the tasks that had been approved by the Council. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Approve Addendum Number One to the Original Kimley-Horn Contract, which includes an Additional Amount Not to Exceed $28,100 in Engineering Fees, in Order to Include a Connecting ARDEN HILLS CITY COUNCIL - June 29, 2009 14 Trail From Old Snelling to the Proposed Pedestrian Bridge Structure over Snelling Avenue (TH51). The motion carried unanimously (4-0). 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Resolution 2009-016: Adoptin2 Deferred Assessment Roll for the 2009 Pavement Mana2ement Pro2ram Civil Engineer Giga stated On May 11,2009, the City Council set June 8, 2009, as the date to hold public hearings for the purpose of establishing special assessments for the 2009 PMP Improvements. At the June 8, 2009 meeting, the City Council adopted the assessment roll for the project, and provided direction to Staff regarding the terms of the deferred assessment. The City Council directed Staff to set the deferred assessment period at the maximum term allowable, 30 years, and to forgive the interest on the assessment. The resolution has been prepared accordingly. Councilmember Holden stated that one of the Assessment Policy Committee members had expressed dissatisfaction with the zero percent interest and they had suggested that if the property is subdivided before the end of thirty years then the interest should be incurred. Councilmember Holmes stated that this could still be changed. Councilmember Holden stated that she would not be willing to support that type of change at this time. MOTION: Councilmember Holden moved and Mayor Pro Tem McClung seconded a motion to Approve Resolution 2009-016: Adopting the Deferred Assessment Roll for the 2009 Pavement Management Program. The motion carried unanimously (4-0). B. Motion to Accept the Donation of $10..000 from Boston Scientific for the Safe Routes to School Proiect Parks and Recreation Manager Michelle Olson thanked Boston Scientific for their generous donation to the Safe Routes to School Project. The Safe Routes to ARDEN HILLS CITY COUNCIL - June 29, 2009 15 School Project is being combined with the Perry Park Project. The schedule is tentatively set for construction in the spring of 20 10. Councilmember Holden asked when the estimated completion date was. Parks and Recreation Manager Olson stated that it was estimated to be completed by mid-June 2010. Councilmember Grant asked if all the funding and grants had been approved and these funds would extend into 201 O. Parks and Recreation Manager Olson stated that this was correct. Staff had met with Mn/DOT and everything is moving forward. Councilmember Grant asked if this project would include a 100-year flood plan proof culvert. Parks and Recreation Manager Olson stated that this culvert will be designed to meet all DNR wetland requirements. Councilmember Holmes stated that the culvert had not been engineered yet. Parks and Recreation Manager Olson stated that this culvert was in the process of being engineered at this time. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Accept the Donation of $10,000 from Boston Scientific for the Safe Routes to School Project. The motion carried unanimously (4-0). Councilmember Holden directed staff to send a Thank You card and Certificate to Boston Scientific for their generous donation. C. TCAAP Issues It was the consensus of Council to discuss Item 7C after Item 8A. D. Forestry It was the consensus of the Council to discuss Item 7D after Item 8A. ARDEN HILLS CITY COUNCIL - June 29, 2009 16 8. UNFINISHED BUSINESS A. Approve the June 29.. 2009.. Amendment to the Contract A2reement Between the City of Arden Hills and Eureka Recyclin2 for Recvclin2 Services Effective for June 2009 Services Community Development Director Lehnhoff stated during the March 30, 2009, regular meeting and the May 18, 2009, work session, the City Council provided guidance and directed Staff to negotiate with Eureka Recycling to resolve a disagreement regarding the Payment Terms section of the contract. The contract amendment would completely replace Section 6 and Section 25 of the original contract. One additional change to the amendment would be on page 3, section 6.2.3, the first paragraph, last sentence should be "Processing fees, as described in Section 6.2.2, shall apply to materials with prices of less than $0.00 per ton." Councilmember Holmes clarified that in the worst case scenario the City would be responsible for paying an additional $9800 in processing fees and this amount had not been budgeted for. Community Development Director Lehnhoff stated that this was an estimated amount for June through December and this amount would have to be paid for by the existing fund balance. Councilmember Holmes asked what the City would be doing in 2010 to cover these increased costs. Community Development Director Lehnhoff stated that the rate per household would need to be increased but at this time we do not have an estimate. Councilmember Holmes clarified that once the rate was set it could not be changed. Community Development Director Lehnhoff stated that the household rate could only be set annually. Mayor Pro Tem McClung asked what the current rate per household was. Community Development Director Lehnhoff stated that the current rate was $32.00 per household per year. Councilmember Grant stated that the rate for 2010 could increase by 10% or more. ARDEN HILLS CITY COUNCIL - June 29, 2009 17 Community Development Director Lehnhoff stated that this IS an accurate statement but he would not be able to say for sure at this time. Councilmember Holden asked what the current recycling fund balance was. Community Development Director Lehnhoff stated that as of January 1 of this year the current recycling fund balance was $38,763.00. Councilmember Holden stated that in the amendment it states that Eureka is responsible for educating residents if a material is removed from the mix. She asked what this meant and also stated that her recycling had not been picked up the previous week. Community Development Director Lehnhoff stated that the problems with a particular pickup should be discussed. He also stated that the original contract does include educational materials that are subject to City review before they are distributed by Eureka. Councilmember Holden asked if educating residents was included in the original contract why it was included in the amendment being presented. Community Development Director Lehnhoff stated that the eXIstIng contract states that materials are subject to City review but it does not address if materials are removed who would be responsible for the cost of education materials. Mayor Pro Tem McClung asked if there were any recyclable materials that were in jeopardy of being dropped. Community Development Director Lehnhoff stated that there were no materials at this time and the amendment does address the potential for materials to be dropped. In order for a material to be dropped the market price has to be $0.00 and this is not likely to happen. Councilmember Grant stated that Staff had done a good job of renegotiating the contract. MOTION: Councilmember Grant moved and Councilmember Holden seconded a Motion to Approve the June 29, 2009, Amendment to the Contract Agreement Between the City of Arden Hills and Eureka Recycling for Recycling Services Effective for June 2009 Services as Amended. ARDEN HILLS CITY COUNCIL - June 29, 2009 18 Councilmember Holden stated that Staff had done a good job with renegotiating the contract. Mayor Pro Tem McClung thanked Staff for a job well done but he would be voting against the motion because he did not agree with a company changing their contract in the middle of the term. The motion was called to a vote. The motion carried (3-1 - Mayor Pro Tem McClung). Upon completion of Agenda Item 8A the Council considered Agenda Items 7C and 7D. 7. NEW BUSINESS C. TCAAP Issues Councilmember Holmes wanted to discuss a motion to draft a resolution. Councilmember Holden stated that she wanted the Council to discuss the Environmental Attorney's role in TCAAP and how the City could work together better with outside groups. MOTION: Councilmember Holmes moved to direct Staff to draft a resolution with regard to TCAAP to state that it is the consensus of the majority of the Council that the TCAAP land should be parks, trails, open space and recreational land. The Resolution should include the following: 1. The City does not support a public sale of the TCAAP property by the Federal Government 2. The City supports a transfer of the TCAAP property through special legislation 3. Except for the boundaries in the wildlife corridor the prior TCAAP framework vision, visions and goals and concept plan are hereby null and void 4. The Army should be accountable under Federal law to fulfill its obligation to expeditiously clean and remediate this area of all polluted and hazardous substance as necessary to promote human health and the environment 5. The wildlife corridor as delineated in the prior TCAAP Vision and Land Use Plan should be conveyed to Ramsey County ARDEN HILLS CITY COUNCIL - June 29, 2009 19 6. At the present time the City believes that approximately 500 contiguous acres should be dedicated to park land, open space and recreational areas as a regional park 7. At the present time the City believes that the remaining acres should be used for other compatible uses such as a corporate campus and renewable energy including wind and/or solar energy Councilmember Holmes stated that it is important to have this resolution for the following reasons: 1. We need to have a Council Resolution to guide the City in the upcoming meeting with the Federal Government and the Army/GSA 2. We also need a Council Resolution to clearly state the position of the majority of the Council. Councilmember Holmes further stated that, unfortunately the Mayor, without Council discussion or consideration, put together a plan that he has circulated via the internet to a number of locations. Based on Representative McCollum's public hearing the Council is aware that this plan has been received by the Metropolitan Council, Mayors of other cities and other individuals in the community. Councilmember Holmes indicated she believes that this action by the Mayor is inappropriate and a Resolution is necessary to let the residents and all others involved in TCAAP know the process and what the consensus of the majority of the Council is. This consensus is for park, trails, open space, and a recreational plan and the Mayor's plan of mixed use development of residential and commercial land is in no way a representation of the consensus of the majority of the Council. Councilmember Holden asked to clarify if the motion was for the resolution or to have Staff draft a resolution. Councilmember Holmes stated that this would be a resolution but she wanted to discuss this with the Councilor a direction for Staff to draft a resolution. City Attorney Filla clarified that the motion was to direct Staff to prepare a resolution for the next meeting. Councilmember Holmes stated that she had a resolution drafted that could be discussed at this time. Councilmember Holden stated that it is important that the Council have a vote regarding their consensus in order to have a united voice regarding the TCAAP property. It has become clear that even though there is a consensus it may not be ARDEN HILLS CITY COUNCIL - June 29, 2009 20 recognized at later meetings. She stated that she would support a resolution at this time. Councilmember Holmes withdrew her motion to have Staff draft a resolution. Councilmember Grant clarified that the resolution/motion is representing the majority of the Council and as such would require three out of four votes to pass because the Council is one person short tonight. Mayor Pro Tem McClung stated that the entire Council should be present to discuss this resolution in order to allow all the Councilmembers the chance to debate. Councilmember Holden stated that at the last work session there had been a clear consensus of the Council and unless there is a vote regarding the consensus it may not continue to be clear. The bottom line on anything that happens at TCAAP will involve access / transportation and funding mechanisms. Councilmember Grant stated that the City needed to do this and take a leadership position. The Council did have consensus and the resolution being presented by Councilmember Holmes does reflect that consensus. At some point the Council does need to take the position that this is the consensus of the Council. Members of the Council may have alternative ideas but they do not represent the Council consensus. Mayor Pro Tem McClung stated that because of the importance of this item, and because it involves the Mayor's plan, it would be advantageous for all the members of the Council to be present. Bringing it forward when it was not on an agenda prior to the meeting, and when the Mayor is out of town, does not look good. City Attorney Filla stated that the Council should be aware that the Open Meeting Law anticipates that the agendas will be published and open to the public prior to the meeting so that any person who has an interest in an item has the opportunity to appear and say what they want. Taking action on this item at this time is not illegal but there is an argument that could be made that it is not appropriate because of the Open Meeting Law and the requirements of that law. It is appropriate to direct Staff to bring the resolution forward to the next meeting and put it on the agenda so that anyone who wishes to state something regarding it can do so. Mayor Pro Tem McClung stated that the residents of Arden Hills deserve to have a full Council present when discussing this resolution. ARDEN HILLS CITY COUNCIL - June 29, 2009 21 Councilmember Holden stated that the consensus had already been made and this resolution is only reflecting that. She clarified that it had been stated that a consensus does not necessarily mean anything until it has been voted on. Councilmember Grant stated that without having a formal action, it could be unclear as to whether we as a Council have a stated consensus. Going forward in this way enables multiple views to come forward and this reflects a lack of leadership. Councilmember Holden asked City Attorney Filla if the resolution were brought to the next City Council meeting was there a way to have the consensus recognized at this time. City Attorney Filla stated that the Council consensus is very clear in the meeting minutes and the video of the meeting. The context of the resolution and the comments that have been made indicates to people what they could anticipate the future vote to be. The Open Meeting Law requires that the public needed to be brought into this and the only way to do this was to have the item on a published agenda. Councilmember Holden asked what could be done at this time. City Attorney Filla stated that having a vote to have the resolution on the next meeting agenda would be effective. Councilmember Holmes stated that the Council does have the option to amend the agenda and add items to it. City Attorney Filla stated that he was pointing out that an argument could be made that this item had not been on a printed agenda and should not have been discussed at this time. Councilmember Holmes stated that the item was being discussed in an open forum and she did not see that it would be in violation of the Open Meeting Law. City Attorney Filla stated that the Open Meeting Law describes the relationship between the elected officials and the public and allows the public to commit on agenda items if they wish. If the Council takes action on this tonight the argument could be made that the public was not informed. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to direct the City Administrator to direct the City ARDEN HILLS CITY COUNCIL - June 29, 2009 22 Attorney to Draft a Resolution with regard to TCAAP to state that it is the consensus of the majority of the Council that the TCAAP land should be parks, trails, open space and recreational land. Mayor Pro Tem McClung clarified that this motion was for the City Administrator and the City Attorney to draft a resolution and bring it to the City Council at the July 13, 2009 meeting. City Attorney Filla clarified that this motion was directing Staff to bring a draft form of the resolution to the July 13 meeting. Councilmember Grant stated that the next City Council meeting is July 13 and the Army/GSA meeting is July 15. This does not allow the Army/GSA a lot of time to react if the City does not pass a resolution until the July 13 meeting. Mayor Pro Tem McClung stated that there is a TCAAP work session on July 13. Councilmember Holden stated that this was a resolution and there could be another resolution passed at a later date. This resolution would show that there is a consensus of the Council. Councilmember Holmes asked if what were Councilmember Grant's concerns if the Resolution was not passed until the next meeting. Councilmember Grant stated that if the resolution was passed tonight then the Army/GSA would have time to react to it and provide some feedback to the City prior to coming to the meeting. Councilmember Holmes stated that this was just a resolution and not the last word on the subject and it would be beneficial to provide this information to the Army/GSA before the July 15 meeting. Motion was called to a vote. Councilmember Holmes asked City Attorney Filla if she could withdraw her motion. City Attorney Filla stated that the motion had been called to a vote. At this time a vote would be required. Another motion could be made if Councilmember Holmes did not think this one was accurate. If the Council was to vote on the motion and it passed and Councilmember Holmes wanted a revised motion, then there would be a ARDEN HILLS CITY COUNCIL - June 29, 2009 23 motion to amend and this will require someone who voted on the prevailing side of the first motion to make the second motion. Motion was called to a vote. The motion failed (2-2 - Councilmember Grant and Councilmember Holmes). City Attorney Filla stated that since the motion failed the Council would be back at the beginning. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion that the Council Adopt Resolution 2009-18: A Resolution that would indicate that the consensus of the majority of the Council is that the TCAAP land should be parks, trails, open space and recreational land. The Resolution would read: Whereas; the United States Army has determined that 585 acres in the Twin Cities Army Ammunition Plant site is surplus property. Whereas the Army has the responsibility under Federal Law to take all remedial action necessary to protect human health and environment Whereas the City of Arden Hills is no longer pursuing an early transfer of the property through it's offer to purchase with the U.S. General Service Administration. Whereas; the City's development partner has determined that pursuant to the offer to purchase a mixed use commercial and residential development on the TCAAP property was economically infeasible. Whereas; the City would like to bring the TCAAP property into productive use for the residents of Arden Hills, Ramsey County, and the entire Metropolitan area. Now therefore be it resolved by the City of Arden Hills to establish a strong but flexible reuse plan that would ensure a solid commitment to the natural resources and features that are critically important to Arden Hills and the region while accommodating the flexibility necessary to respond to changing circumstances, opportunities and constraints. Using the following guidelines: 1. The City does not support a public sale of the TCAAP property by the Federal Government 2. The City supports a transfer of the TCAAP property through special legislation ARDEN HILLS CITY COUNCIL - June 29, 2009 24 3. Except for the boundaries in the wildlife corridor the prior TCAAP framework vision, visions and goals and concept use plan are hereby null and void 4. The Army should be held accountable under Federal law to fulfill its obligation to expeditiously clean and remediate this area of all polluted and hazardous substances as necessary to promote human health and the environment 5. The wildlife corridor as delineated in the prior TCAAP Vision and Land Use Plan should be conveyed to Ramsey County 6. At the present time the City believes that approximately 500 contiguous acres should be dedicated to park land, open space and recreational areas as a regional park 7. At the present time the City believes that the remaining acres should be used for other compatible uses such as a corporate campus and renewable energy including wind and/or solar energy Councilmember Holden asked why Item #2 was in the document. Councilmember Holmes stated that the property had to be transferred in a certain fashion and the City does not support the public sale or a negotiated sale of the property and the public conveyance is no longer available. Item #2 is what the Council felt was the most viable option. Mayor Pro Tem McClung asked who the City was supporting the transfer of the property to. Councilmember Holden stated that this was not a point of order at this time. The City does not support the property going to public auction. Item #2 would limit the City to special legislation for the whole TCAAP property. She asked if different parcels could be transferred differently such as a corporate campus. Councilmember Holmes stated that there were no other options because the property could no longer be transferred through a public conveyance. The preamble does use words such as flexibility and guidelines. Councilmember Holden stated that this was correct. Councilmember Grant stated that the word contiguous should be stricken in Item #6. This would provide flexibility to place this where it was wanted. Councilmember Holmes stated that this would be acceptable. ARDEN HILLS CITY COUNCIL - June 29, 2009 25 Councilmember Grant suggested moving the concept of renewable energy and moving it to item #6. Councilmember Holmes stated that it was not intended for a corporate campus to be next to renewable energy sources. Councilmember Grant stated that the numbers for the amount of space do not work unless the solar/wind/renewable energy is moved to the 500 acres. Councilmember Holmes stated that this would be acceptable. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to amend the motion to strike the word contiguous in item #6 and the phrase "and renewable energy including wind and/or solar energy" in Item #7 to be moved to Item #6. Councilmember Holden asked how this would be worded. Councilmember Holmes suggested changing the word approximately 500 acres. Councilmember Grant withdrew his motion. Councilmember Holden withdrew her second to the motion. Councilmember Grant stated that the word contiguous was really the problem. He stated that he would envision a corporate campus along Highway 35W which is about 53 acres. Councilmember Holden stated that the Wildlife Corridor was 39 acres. Mayor Pro Tem McClung suggested that the master plan does not need to be outlined in the resolution. Councilmember Grant stated that renewable energy could be removed. Councilmember Holmes stated that it does state other compatible uses and this could be considered a compatible use. This would leave corporate campus as an example. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to amend the guideline Items 6 and 7 of the Resolution to read as: ARDEN HILLS CITY COUNCIL - June 29, 2009 26 6. At the present time the City believes that approximately 500 acres should be dedicated to park land, open space and recreational areas as a regional park 7. At the present time the City believes that the remaining acres should be used for other compatible uses such as a corporate campus. The motion carried (3-1 - Mayor Pro Tem McClung). MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to amend guideline Item 6 of the Resolution to read as: 6. At the present time the City believes that approximately 475 acres should be dedicated to park land, open space and recreational areas as a regional park The motion carried unanimously (4-0). Councilmember Grant stated that if the property was going to be park land then it would have to be cleaned to a higher standard. Councilmember Holden stated that a more definite time frame should be established. If a plan could not be established for the property to become park land and open space within ten to fifteen years she may no longer support this plan. City Attorney Filla suggested a three year time frame for developing a plan. Councilmember Grant clarified that the Council supports this vision if it can be accomplished in three years otherwise alternative visions may be considered. Councilmember Holden stated that this would be acceptable. City Attorney Filla stated that Item #8 could read "The Council shall review these guidelines no later than June 2011." MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to amend the guidelines of the Resolution by adding the following: 8. The Council shall review these guidelines no later than June 2011 The motion carried (3-1 - Mayor Pro Tern McClung). Councilmember Grant asked Councilmember Holmes if she wanted the Resolution to state that this is the adopted plan of the Council. He expressed ARDEN HILLS CITY COUNCIL - June 29, 2009 27 concerns that there may be confusion regarding what plan has the consensus of the Council. Councilmember Holmes stated that the Resolution should have a title. Councilmember Grant stated that this would be helpful. City Attorney Filla stated that the word plan in the "Now therefore be it resolved" section could be changed to planes). Councilmember Grant stated that the Council wanted to be clear that there was only one plan that had the Council consensus. Councilmember Holden asked if the resolution being presented addressed this concern. City Attorney Filla stated that it does address the concern that this is the only plan with Council consensus. Councilmember Grant stated that he wanted it to be known that this was the adopted plan of the Council. Mayor Pro Tem McClung stated that until a plan has a majority vote at a regular meeting it does not have the support of the Council. Councilmember Holmes stated that the Resolution states "Now therefore be it resolved by the City of Arden Hills to establish a strong but flexible reuse plan" and provides guidelines. The Council is resolving to establish a plan utilizing the guidelines outlined in the Resolution. Mayor Pro Tem McClung asked who is establishing a strong but flexible reuse plan. Councilmember Grant stated that at this time there are several entities that could be identified. The Council is providing direction to other people and this Resolution represents the Council's vision. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to amend the statement "Now therefore be it resolved by the City of Arden Hills to establish a strong but flexible reuse plan" to read "Now therefore be it resolved that the City of Arden Hills supports a strong but flexible reuse plan that would ARDEN HILLS CITY COUNCIL - June 29, 2009 28 ensure a solid commitment". The motion carried (3-1 - Mayor Pro Tem McClung). Councilmember Holmes suggested naming the Resolution "Resolution Adopting Arden Hills TCAAP Plan Guidelines". Councilmember Holden stated that she would not support this name. Councilmember Holmes suggested taking out the work plan. Councilmember Holden stated that this would be acceptable. City Attorney Filla stated that the Council would be adopting TCAAP Development or Reuse Guidelines. MOTION: Councilmember Holmes moved and Councilmember Grant seconded a motion to amend the Resolution and add the title: Resolution Adopting Arden Hills TCAAP Reuse Guidelines. The motion carried (3-1 - Mayor Pro Tem McClung). Mayor Pro Tem McClung stated that he would not support the resolution at this time. Councilmember Grant stated that the Resolution reflects the general consensus of the Council from a recent work session and it is only a guideline or position. It is important for the City to take a position. Councilmember Holden stated that she would support the Resolution. It was very clear that the Council had reached a consensus and it is time the City moves forward. Councilmember Grant stated that even though he was not at the last TCAAP work session to make his views clear he had made them known previously. Councilmember Holmes stated that the Resolution reflects a majority of opinions of residents who were present at the Representative McCollum meeting. She also stated that it was important to get this Resolution to the Army/GSA prior to the July 15 meeting so that they had time to react to the City's position. ARDEN HILLS CITY COUNCIL - June 29, 2009 29 Mayor Pro Tem McClung stated that he had talked with several residents at that Representative McCollum meeting and would not say that the Resolution reflected what the majority of residents wanted. The amended motion was called to a vote. The motion carried (3-1 - Mayor Pro Tem McClung). Councilmember Holden stated that in the past the City has not utilized the Environmental Attorney as well as they should especially in critical times. She asked what Council was envisioning the role of this person because if this person is going to be involved then they need to be copied in on the e-mails and correspondence, and participating in meetings such as the upcoming Army/GSA meeting. If the City is going to utilize this person then guidelines should be established on how this person is going to be utilized. Mayor Pro Tem McClung stated that since the City does not have a Preliminary Development Agreement, the Environmental Attorney was no longer a budgeted item and he would not support the continued expenditures on consultants for the TCAAP property when the City was not bringing forth the proposal. Councilmember Grant stated that the City was still dealing with property that needs to be cleaned up and the City needs to have someone who understands the ins and outs of dealing with environmental issues and transfer issues. Incurring the cost for the environmental attorney would be wise and prudent. Councilmember Holmes stated that she would agree with Councilmember Grant and Councilmember Holden. She stated that the meeting with the Army/GSA is in a couple of weeks and the transfer of the property would be discussed. The City needs to be sure they are protecting the residents. She asked Community Development Director Lehnhoff if there was money in the TCAAP Fund or if there were some contingencies in the budget that would cover these costs. Community Development Director Lehnhoff stated that he did not have this information at this time and would report back to the Council in an Administrative Update. City Administrator Moorse stated that he was not sure what funds were readily available in the TCAAP Fund but he would report back to the Council. Councilmember Holden stated that at the meeting in July the Army/GSA could decide to put the property up for public auction and if the City does not have the ARDEN HILLS CITY COUNCIL - June 29, 2009 30 EnVironmental Attorney present to protect the City with each aspect that the Army is bringing forward then the City will lose. Mayor Pro Tem McClung stated that he understood this but the Council has been clear that the TCAAP property should not be developed on the backs of the residents. Councilmember Holmes stated that if the Environmental Attorney is not present then there could be a bigger burden on the residents. The Attorney's services are in regards to the negotiations with the Army where the City needs someone to protect the interest of the residents of Arden Hills. Mayor Pro Tem McClung stated that there are currently no longer negotiations with the Army and the City no longer has an Offer to Purchase or a development partner. The Army is meeting with the City to consult with them about the disposition of the land within the geography of the City of Arden Hills. Councilmember Holden stated that if this was the case then the City should not discuss TCAAP at all because of the Staff costs involved and this was putting TCAAP costs on the residents. Mayor Pro Tem McClung stated that going forward there will be taxpayer dollars spent on the TCAAP property but he did not support the use of a consultant at this time. Councilmember Holmes stated that there was no policy on the use of the Environmental Attorney. Three of the Councilmembers want to have the Environmental Attorney involved with the City's discussions with the Army and present at the July 15 meeting. She suggested directing Community Development Director Lehnhoff to bring a plan to the Council, which would include the budget and the utilization of the Environmental Attorney. Mayor Pro Tem McClung stated that Staff has heard the comments from Council. Councilmember Grant asked if Staff would be inviting Mike Comodeca to the meeting in July or if Council needed to have a formal motion. Mayor Pro Tem McClung stated that the Council needed a policy and budget issues clarified before it can be decided. Councilmember Grant clarified that a policy needed to have a motion. ARDEN HILLS CITY COUNCIL - June 29, 2009 31 Mayor Pro Tem McClung asked if Councilmember Grant was suggesting the Council set a policy without having any budget information. Councilmember Holden stated that protecting the City was more important than the minor costs that would be incurred by having the Environmental Attorney at the meeting. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to direct Staff to prepare guidelines so that the Council and the Environmental Attorney know what the interaction and use of the Attorney would be and to direct Staff to invite Mr. Mike Comodeca to the July 15,2009 meeting with the Army/GSA. City Administrator Moorse stated that if the Environmental Attorney was present for the July 15 meeting then he should also be present for the July 13 work session. The July 13 work session could be by phone. Councilmember Holmes clarified that the Environmental Attorney would be present for the July 15 meeting and on the phone for the July 13 meeting. The motion was called to a vote. The motion carried (3-1 - Mayor Pro Tem McClung). MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to extend the meeting to 10:30 p.m. The motion carried unanimously (4-0). Councilmember Holden asked if there was a way for the Council to get a schedule or an announcement of the upcoming meetings between the City and the MPCA. City Administrator Moorse clarified that the MPCA meeting was not a meeting that the City had planned or called. This was based on a phone call that was received from a MPCA employee who wanted to give an update on a process that they are involved with. They wanted to meet prior to the Representative McCollum listening session and had asked if the Mayor could be available. Councilmember Holmes asked why this had to happen before the meeting with Representative McCollum. She also pointed out that if the meeting could be arranged with the Mayor then the other Councilmembers could have also been contacted. She stated that when there are meetings like this then more than one Councilmember should be invited to attend. ARDEN HILLS CITY COUNCIL - June 29, 2009 32 D. Forestrv Councilmember Holden asked if the Council could get preliminary numbers on the number of ash trees that will be affected by the Emerald Ash Borer policies and the budget impacts this will have. She also stated that the City should bring their ordinances in line with what the recent recommendations are for ash trees. Public Works Director Gregory Hoag stated that he would look at these numbers and research the amount of trees involved, the recommendations and the budget impacts and report back to the Council. 9. COUNCIL COMMENTS AND REQUESTS Councilmember Holmes stated that residents had been surprised by the new stop sign at the corner of Glenview and Dellview. She asked why the stop sign was put up and what the City's policy was regarding the placement of stop signs. Public Works Director Hoag stated that he had placed that sign there after receiving requests from residents about a couple of near miss accidents. He stated that he had found out later in discussions with City Engineer Bloom that a request for placing a stop sign had to be brought to the City Council for approval. He stated that this had been a decision that he should not have made without consulting the Council. He stated that the stop sign could be removed and the issue brought back to the Council for further discussion. He stated that he had not discussed the stop sign with City Engineer Bloom prior to placing it. Councilmember Holmes asked who Public Works Director Hoag had consulted with prior to placing the stop sign. Public Works Director Hoag stated that he had made the decision independently after receiving a couple of complaints about near miss accidents at the intersection. He viewed it as a safety concern of an uncontrolled intersection. He stated that this item should have been brought to the Council prior to placing the stop sign. Councilmember Holden asked what the policy was regarding the placement of stop signs because this one was put in place after only a couple of complaints. Public Works Director Hoag stated that there was no real policy and this needed to be reviewed and brought back to the Council so there would be a clear direction. ARDEN HILLS CITY COUNCIL - June 29, 2009 33 Councilmember Holden stated that at the last PTRC meeting it was determined that Valentine Lake was having drainage problems and it was currently three feet over its ordinary level. These drainage problems are currently being looked at. Councilmember Grant requested an update on the 1&1 Program. Public Works Director Hoag stated that on June 5 the City had sent 925 letters to residents regarding the Sump Pump Inspection Program. The inspections began on June 15 and to date there have been a total of 204 inspections completed. Of these 204: 103 pumps were found to be properly installed, 43 residents/buildings had a sump pit but no sump pump, 51 residents/buildings had no sump pit and no sump pump, and 7 pumps were improperly installed. . Arden Hills is currently at a failure rate of 3 % and the average is over 10%. Councilmember Grant asked if New Brighton was done with their inspections. Public Works Director Hoag stated that New Brighton was about % done with their inspections and they were currently at an 8.3% failure rate. Councilmember Grant asked if it was code to have a sump pit when. a home was built. Public Works Director Hoag stated that it has never been code for a residence or building to have a sump pit. Councilmember Grant asked if the City was utilizing two seasonal employees for the Sump Pump Inspection Program. Public Works Director Hoag stated that this was correct. Councilmember Grant stated that the goal was to have the inspections done by the end of the summer. If these inspections were not completed then the full time Staff would be responsible for finishing the inspections. He asked if these employees had been trained on what to do for these inspections. Public Works Director Hoag stated that Staff is trained for doing the inspections if they are not completed by the end of the summer. Due to the complexity of the commercial building inspections, Dave Scherbel had requested completing these inspections himself. Councilmember Holden asked if the City would be sending out a bid for a manhole project this year. ARDEN HILLS CITY COUNCIL - June 29, 2009 34 Public Works Director Hoag stated that they were working to complete other projects first. He stated he would be looking at other 1&1 phases and projects later in the week including manhole inspections and sewer cleaning. Councilmember Holden stated that there were manholes from last year that had not been fixed. Public Works Director Hoag stated that all the manholes that had been inspected and rated either a one or two, which is the lower rating, were fixed in the manhole rehabilitation project last year. He stated that before work was started on the number three manholes Staff would like to finish inspecting the remaining 160 manholes to ensure there are no other manholes that would be considered a one or two and need immediate fixing. Councilmember Grant stated that seven sump pumps had been found to be improperly installed. He asked if Public Works Director Hoag had a form letter and instructions for the residents on how to fix the problem and if this process had been started. Public Works Director Hoag stated that he had provided these residents with a letter, a copy of the ordinance, the process for requesting reimbursement and diagrams on what a proper connection looks like. Residents are also encouraged to contact Staff if they have any questions. Councilmember Holden requested a copy of what Staff was providing to the residents. Public Works Director Hoag stated that he would get this information to the Council. Councilmember Grant asked if the Maintenance Contract for the maintenance facility had been located. City Attorney Filla stated that he had been unable to locate a copy. He asked if the County had a copy of file. Public Works Director Hoag stated that he would check into this. Councilmember Grant stated that he would expect an answer for the next Council meeting. ARDEN HILLS CITY COUNCIL - June 29, 2009 35 City Administrator Moorse stated that he had met with Sue Nemitz regarding budget issues for the library and the impacts to the Arden Hills library. At this time the impacts are not clear. He stated that he would be contacting Beverly Aplikowski, a member of the Library Board, and other residents about what could be done. Councilmember Holden asked if Beverly Aplikowski would be able to attend a City Council work session. City Administrator Moorse stated that he would try to arrange this. Mayor Pro Tem McClung stated that City Administrator Moorse had met with the other two cities that share the Lake Johanna Fire Department and the Fire Chief. He stated that it appeared that there would be a proposal coming to the Fire Board at the July meeting. He asked if this was correct. City Administrator Moorse stated the Fire Board would be discussing information regarding the impacts on the budget of phasing in a staffing proposal. Mayor Pro Tern McClung asked that a copy of this information be given to the Council as well because of the potential budget impacts. Councilmember Holden asked City Administrator Moorse if it was too late to submit a list of issues to be addressed with the Sheriffs Department. City Administrator Moorse stated that he would need this information by Friday. ADJOURN MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to adjourn. The motion carried unanimously (4-0). Mayor Pro Tem M~tiiiigaaJo,pmed the Regular City Cou p.m. " - - \