Loading...
HomeMy WebLinkAbout10-26-09-R �S�EN HILLS Approved: December 14, 2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 26, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead, Council Member David Grant, Council Member Brenda Holden, Council Member Dave McClung, Council Member Fran Holmes Not Present: City Attorney Jerry Filla (excused) Also present: City Administrator Ronald Moorse, Finance Director Sue Iverson, Public Works Director Gregory Hoag, Community Development Director James Lehnhoff, City Planner Meagan Beekman, Parks and Recreation Manager Michelle Olson, Mr. Ron Nelson, Mr. Doug Schroeder, VP for Business/CFO Northwestern College, Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Harpstead requested that item 7E — Keithson Drive Erosion Issue, and item 7F — CP Rail Grant Opportunities be added to the agenda. He stated that Staff was requesting direction from the Council on these items. Councilmember Holmes suggested moving item 7E to item 7B and the remaining items down one in the agenda because Mr. Nelson was present. ARDEN HILLS CITY COITNCIL—October 26, 2009 2 1. Approval of Agenda (continued) MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the agenda as amended. The motion carried (4- Ayes — Mayor Harpstead, Councilmembers McClung, Grant, Holmes Nays — Councilmember Holden 2. PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP Update City Administrator Ronald Moorse stated that a conference call with Kevin Legare was held on Thursday, October 15. The call was an opportunity to obtain an update regarding the status and timing of the elements of the GSA's planned public sale process. The GSA has scheduled a bidders' conference to provide an opportunity for potential buyers to obtain information about the TCAAP property. The conference will be held at 10:00 a.m. on Wednesday, November 18, at the Bishop Henry Whipple Federal Building near Fort Snelling. Although the City will attend the bidders' conference, it is organized and operated by the GSA. According to the GSA, the conference is essentially meant to measure the interest of potential bidders and to be an information gathering session for potential bidders. The next conference call is scheduled for October 28. City Administrator Moorse stated that there have recently been articles in several publications regarding the desire of the International Motorsports Entertainment and -- Development Corps (IMEDC) to construct a race track with seating for between 50,000 and 60,000 people on the former TCAAP property. According to IMEDC, the concept also includes an exhibition center, office space, commercial space, hotel, and other related development. While the IMEDC has expressed interest in this concept to the City, the concept is not undergoing any formal City review or discussion. Additionally, the concept is not supported by the recently adopted 2030 Comprehensive Plan or the City Council's goals for the property. ARDEN HILLS CITY COiJNCIL—October 26, 2009 3 2. Public Inquiries/Informational (continued) City Administrator Moorse stated that on Tuesday, October 20, the City Council met in a joint work session with the Ramsey County Board to present information regarding a parks and open space concept for the reuse of the TCAAP property, and to discuss the level of interest by the County in acquiring the TCAAP property for a regional park use. While the County Board expressed interest in specific portions of the remaining TCAAP property, particularly the Wildlife Corridor, the Board indicated they were not interested in acquiring the majority of the property for a regional park use. The County did seem supportive of a trail connection between the Rice Creek North Regional Trail and the County Road 96 Regional Trail, though they did not state that the trail needs to be regional in nature. At the end of the work session, the Board directed their Parks and Recreation Director, Greg Mack, to review the property to determine if any portion of the remaining TCAAP property would be a benefit to the County's park and open space system. Mr. Mack was to bring that information back to the Board; however they did not specify a timeline. Public Mayor Harpstead opened the public inquiries/informational at 7:05 p.m. Mr. Richard Wenzel, 1931 Noble Road, Arden Hills, stated that he had received the flyer from the City that referenced the TCAAP property being converted to a park. He asked the Council who would be responsible for funding and maintaining this type of project since the State and County did not want to be involved. Mayor Harpstead clarified that the Council would not be able to provide an answer at this meeting but Mr. Wenzel was invited to attend the TCAAP work session on Wednesday October 28, at 6:00. The Council would be discussing this and other items related to the TCAAP property. Councilmember Holden clarified that the financing for the TCAAP property was not decided regardless of whether the property was park and open space or if it was developed. Councilmember Grant clarified that a City park was not proposed. Mr. Wenzel stated that if no one else was interested in converting the property to park land then who else but the City would be responsible. ARDEN HILLS CITY COiJNCIL—October 26, 2009 4 2. Public Inquiries/Informational (continued) Mayor Harpstead stated that the Council may need to look at reassessing the park reuse issue but this and other items would be discussed at the Wednesday October 28 TCAAP work session. He clarified that this was a public meeting and anyone was invited to attend. Councilmember Grant stated that the Council had only asked the County if they were interested in any part of the property. Mr. Gregg Larson, 3377 North Snelling Avenue, Arden Hills, stated concerns about the actions taken by members of the Council at the June 29, 2009 Council meeting and the Resolution that was passed at that meeting. He expressed that he did not approve of the conversion of 475 acres of the TCAAP property into park land when the community was interested in mixed-use development of this property. He also addressed the process that was used, the rationale of the Council and the lack of vision in the Council passing the Resolution. Mayor Harpstead closed the public inquiries/information at 7:20 p.m. I APPROVAL OF MINUTES A. September 21, 2009 City Council Worksession Meeting Mayor Harpstead stated that on page 15, the eighth paragraph, the first sentence should read "Mayor Harpstead suggested that an event of wine and Bingo would not appeal to those with young families". Mayor Harpstead stated that on page 16, the third paragraph, the building is - located on "Thom Drive". Councilmember Holmes stated that on page 9, paragraph two should read "Councilmember Homes questioned if the Council were to proceed with Option 2 if the City would have to provide compensation to Mr. Nelson due to the fact a portion of his yard has been damaged." Councilmember Holmes suggested changing the phrase "Absent" on the first page of the minutes to "Not Present" and this change be reflected in future minutes. B. September 23, 2009 City Council TCAAP Worksession Meeting ARDEN HILLS CITY COUNCIL—October 261 2009 5 3. Approval of Minutes (continued) Councilmember Holmes stated that on page 4, the last paragraph, the first sentence should read "Councilmember Holmes stated this would be a process and that grants would need to be applied for but that Ramsey County has proven they can develop the site as they did with the wildlife corridor". MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to approve the September 21, 2009 City Council Worksession Meeting Minutes and the September 23, 2009 City Council TCAAP Worksession Meeting Minutes as amended. The motion carried unanimously (5-0)., 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve Planning Case 09-018 for a Conditional Use Permit Amendment at 1901 Lake Valentine Road based on the Findings of Fact and the Submitted Plans as Amended by the Five Conditions as Presented in the October 26, 2009, Report to the City Council. C. Motion to Accept the 2009 Third Quarter Financial Report as Presented. D. Motion to Approve Ordinance 2009-011 to Amend Chapter 5 of the City Code regarding Alcoholic Beverage Regulations as Presented in the October 26, 2009, Report to the City Council and Approve Publishing a Summary of Ordinance 2009-011. Motion to Approve Ordinance 2009-012 to Amend Section III of the City's 2009 Fee Schedule to Add Administrative Fines for violations for the State's Minor Consumption Laws as Presented in the October 26, 2009, Report to the City Council, and Approve Publishing a Summary of Ordinance 2009-012. MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS None. ARDEN HILLS CITY COUNCIL—October 26, 2009 6 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Motion to Adopt Resolution 2009-029; a Resolution Calling a Public Hearing Regarding the Issuance of Revenue Notes for the Benefit of Northwestern College under Minnesota Statutes, Sections 426.152 — 469.165, as Amended, and Providing Preliminary Approval to the Issuance of the Revenue Notes, Finance Director Sue Iverson stated the City Council approved a "Private Activity Revenue Bond Financing" procedure which includes an application process and fees for those seeking to request the City to issue conduit debt on their behalf. Northwestern College has filed an application along with the required application fee of $500 to the City. Northwestern College is requesting financing for a new facility, Community Life Commons (student union) for its campus. The maximum amount of financing requested is $9,000,000. The zoning of this project is under the terms and conditions of the PUD agreement between the College and the City approved in October, 2007. The City will be reimbursed and held harmless for all out-of-pocket expenses related to the financing according to the City's application process and the application filed. According to the City's policy, the City will receive 1/8 of 1% (.125%) of the outstanding principle balance of the bonds annually, the first year this would amount to $11,250 and the bonds are from 5 to 25 years. The City's bond counsel has reviewed the application and has filled out the required DEED application. If the City chooses to honor the request, a resolution calling for a public hearing on November 30, 2009 will need to be adopted. Councilmember Holden asked how often the rate would be reviewed to ensure that it was adequate. Finance Director Iverson stated that this would be done annually. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to Adopt Resolution 209-029; A Resolution Calling for a Public Hearing on November 30, 2009, Regarding the Issuance of Revenue Notes for the Benefit of Northwestern College under Minnesota Statutes,, Sections 469.152 — 469.165, as Amended, and Providing Preliminary Approval to the Issuance of the Revenue Notes. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL—October 26, 2009 7 B. Keithson Drive Erosion City Administrator Moorse stated there is currently an erosion issue on the property owned by Mr. Ron Nelson, adjacent to a City trail. The Council has directed that the erosion issue be resolved by the construction of a retaining wall on Mr. Nelson's property to control and redirect the surface water away from Mr. Nelson's property. This solution would be funded by the City. This retaining wall could be designed, constructed, and funded by the City, or it could be designed and constructed by a contractor hired by Mr. Nelson, and funded by the City. If the Council is open to the option of the retaining wall being designed and constructed by a contractor hired by Mr. Nelson, it would provide the flexibility to bring this issue to a conclusion more quickly while releasing the City from further liability. The City would still have some involvement with the project, in terms of reviewing the final design and monitoring the construction to ensure the surface water is adequately managed. If this alternative is acceptable to the Council, Staff could work with the City Attorney and Mr. Nelson to develop a settlement and release agreement that could be approved by the Council at the November 9 Council meeting. Councilmember McClung clarified that there was the potential for the City to be removed from the engineering and building of the retaining wall and allow Mr. Nelson to work with his contractor. He asked if this would release the City from further liability and if the City would be able to sign off of on the solution to ensure that it meets the needs of the City for surface water runoff. City Administrator Moorse clarified that the City would have the ability to sign off on the final design to ensure that surface water is adequately managed. Councilmember Holden asked if the City's insurance would cover the cost of the - retaining wall. City Administrator Moorse stated that it would only cover part of the damage but not the construction of the retaining wall. Councilmember Grant asked for clarification on what the Mayor was expecting from the Council at this time. Mayor Harpstead stated that Staff was looking for a consensus from the Council regarding direction. ARDEN HILLS CITY COUNCIL—October 26, 2009 8 7B. Keithson Drive Erosion (continued) Councilmember Grant stated that he would recommend allowing Staff to work with Mr. Nelson to reach an agreement including the potential for a settlement that allows Mr. Nelson to hire a contractor to work with directly. Councilmember Holden asked Mayor Harpstead for a definition of consensus. Mayor Harpstead stated that in this case a consensus would indicate a majority of the Council. Councilmember Holden stated that the City would build a straight retaining wall and Mr. Nelson is requesting a retaining wall that is multi-tiered and has steps. She asked what the additional cost would be for this type of wall compared to the retaining wall the City would build. City Administrator Moorse stated that the City would construct a basic retaining wall and the additional costs of what Mr. Nelson would like would be taken into account if a settlement were to be reached. Councilmember Holmes clarified that the City had two options regarding the retaining wall. The first is for the City to design, construct, and fund the retaining wall and the second would be to reach an agreement with Mr. Nelson that the City would fund the retaining wall and be released from further liability. - City Administrator Moorse stated that this was correct. Councilmember McClung stated that he would prefer to give Staff and the City Attorney the flexibility to negotiate with Mr. Nelson and the final agreement would -- come to the Council for approval Mayor Harpstead stated that he would agree with providing Staff and the City Attorney the flexibility to negotiate with Mr. Nelson. He stated that any settlement would have to meet the needs of the City and be a full and complete settlement. Mr. Ron Nelson, 4504 Keithson Drive, Arden Hills, clarified that the retaining wall that he would like done is not an elaborate wall. According to Bolton & Menk the difference in cost is minimal. He stated that before a settlement could be reached he would need to have a more formal quote done. Councilmember Holmes stated that Mr. Nelson should sit down with City Administrator Moorse and City Attorney Filla to further discuss this. ARDEN HILLS CITY COUNCIL—October 26, 2009 9 7B. Keithson Drive Erosion (continued) The consensus of the Council was to let Staff and the City Attorney proceed with working with Mr. Nelson to reach an agreement regarding the retaining wall. C. Motion to Approve the Contract with Todd Erickson Enterprises, LLC and Semple Excavating & Trucking, Inc. to Demolish the Former Public Works Building, Remove Debris for the Site, and Asbestos Abatement for an Amount Not to Exceed $43,800. Community Development Director James Lehnhoff stated due to the deteriorating condition of the former public works building at 1450 West Highway 96, Staff is recommending the demolition of the building and removal of debris from the property. Since the building has materials known to include asbestos, the demolition requires the removal and containment of any materials that may include asbestos prior to the demolition. The building is not in a usable condition, the roof leaks, and it has become a nuisance. The building is not used for day to day operations. For the asbestos abatement, the building official received quotes from three contractors that are licensed to handle asbestos abatement. The building official met with the three contractors to ensure that each quote was including the same level of service. Staff is recommending Todd Erickson Enterprises LLC for these services. For the demolition and removal of the building, removal of the asphalt parking area, removal of the fence, grading the site, and planting seed Staff is recommending Semple Excavating & Trucking Inc. In addition to the building demolition, there are other scrap materials and debris east of the building that should be removed. The sewer and water have already been disconnected from the building. In order to maintain access to the site, the existing asphalt driveway from Highway 96 will remain. Although there is more than 120 feet between the wetland and the project area, a silt fence will be installed to ensure that the wetland is - protected. The Environmental Site Assessment that was completed in 2004 found petroleum contamination on the site. When the site is redeveloped, the Minnesota Pollution Control Agency will review the redevelopment plans to determine what level of clean up is needed. If this project is approved, both contractors would be able to start immediately. However, Ramsey County must be notified at least ten business days prior to demolition. The project is anticipated to be completed before the end of November. Councilmember Grant stated that the plan included planting seed. He asked what type of seed would be planted and what type of maintenance would be required. Community Development Director Lehnhoff stated that grass seed would be planted and the City would be responsible for mowing it. ARDEN HILLS CITY COUNCIL—October 26, 2009 10 7C. Contracts to Demolish Former Public Works Building (continued) Councilmember Grant asked when the seed would be planted. Community Development Director Lehnhoff stated that it would be seeded this fall weather permitting but there would be additional seeding in the spring if needed. Staff would ensure that proper seeding was done. Councilmember Holden stated concerns with working with Todd Erickson Enterprises. She asked what other cities they had worked with. Community Development Director Lehnhoff stated that the building official had met with them and was confident that their quote was comparable to the others received as far as scope of work. He did not have any information regarding other cities they had worked with. Councilmember Holden asked if Staff had checked references for Todd Erickson Enterprises. Community Development Director Lehnhoff stated that he did not have this information but would get back to the Council. Councilmember Holden asked if all of the City's property had been removed from this facility. Community Development Director Lehnhoff stated that the only thing left was recycling bins and they would be moved. Councilmember Holden clarified that the contractors selected were aware that the -City,would not be responsible for any overrun costs. Community Development Director Lehnhoff stated that the contractors were aware that the City would not pay any overrun costs. Councilmember Holmes stated that the scope of services does not include petroleum. She asked if there was a tank being removed from the site. Community Development Director Lehnhoff stated that there was no tank being removed. MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to Approve Staff to Contract with Todd ARDEN HILLS CITY COUNCIL—October 26, 2009 11 7C. Contracts to Demolish Former Public Works Building (continued) Erickson Enterprises, LLC and Semple Excavating & Trucking, Inc. to Demolish the Former Public Works Building, Remove Debris From the Site, and Asbestos Abatement for an Amount Not to Exceed $43,800 Subject to Staff Verifying the References for Todd Erickson Enterprises. Councilmember Holden expressed concerns that the Council did not have references for Todd Erickson Enterprises. Councilmember Holmes asked if a condition could be added to the motion that favorable references would need to be received for Todd Erickson Enterprises before the City will proceed. Community Development Director Lehnhoff stated that this was an option. Councilmember McClung accepted the friendly amendment to add that references be provided to the Council before they proceed. It was the consensus of the Council to accept the friendly amendment. The amended motion was called to a vote. The motion carried unanimously (5-0). D. Motion to Approve the Scope of Services as proposed in the Letter from Mike Comodeca dated October 19, 2009, for Legal Services Related to the Twin Cities Army Ammunition Plant Property - Reuse for an Amount Not to Exceed $50,000. City Administrator Moorse stated that Mike Comodeca, of Spencer Fane Britt & Browne LLP, provided legal services to the City of Arden Hills throughout the TCAAP property negotiated sale process that ended in May 2009 with RRLD, LLC's withdrawal from the project. Since RRLD had been responsible for the costs associated with Mr. Comodeca's services, the termination of the negotiated sale process effectively ended the City's contract with Mr. Comodeca. Since the negotiated sale process has ended, the GSA, on behalf of the Department of the Army, is moving forward with the public auction process. The GSA anticipates auctioning the TCAAP property in the spring or summer of 2010. Whether developed or used as park land, the City has a vital interest in protecting the ARDEN HILLS CITY COUNCIL—October 26, 2009 12 7D. Approval of the Scope of Servicefor Mike Comodeca (continued) community and ensuring that the property is cleaned in a timely manner. Mr. Comodeca has a significant amount of experience working the TCAAP property, GSA, Army, State officials, the Environmental Protection Agency, the environmental review process, and the Army's land transfer process. To help ensure that the City's concerns and goals are addressed, the City has requested that Mr. Comodeca provide a new scope of services and estimated cost which is attached for the Council's review. Based on the minimum and maximum number of hours estimated by Mr. Comodeca, the cost could range from $88,640 to $164,800. As the TCAAP process becomes more defined, it will be easier to estimate the cost of services. Since there is some ambiguity to the extent of the services needed by the City, Staff is recommending a budget cap of$50,000. This request is not a blanket approval of all services in the scope of services letter. As the project moves forward, the services needed and budgeted will be evaluated. Community Development Director Lehnhoff clarified that the letter referenced in the motion is the e-mail received from Mike Comodeca. Councilmember McClung asked how the range of costs was calculated in relation to the hours listed for the scope of services. Community Development Director Lehnhoff clarified that the minimum cost was the minimum number of hours in the scope of services multiplied by the cost per hour and the same calculation was used to calculate the maximum cost. Councilmember McClung clarified that the initial request is for $50,000 and if the costs were close to this amount Staff would come back to Council for additional funding approval. City Administrator Moorse stated that this was correct. Councilmember Grant stated that he would approve $35,000 at this time. This would ensure that Staff is keeping a close eye on the amount. He also requested that any agreement with Mr. Comodeca should include that the hourly rate can not increase. He also requested that the hours being charged be tracked against each of the scope of service items and this be reported to the Council in this format. Councilmember McClung stated that Council should receive a copy of the monthly invoice. ARDEN HILLS CITY COUNCIL—October 26, 2009 13 7D. Approval of the Scope of Servicefor Mike Comodeca (continued) Mayor Harpstead asked if the measurement and monitoring requests would be manageable by Staff. Community Development Director Lehnhoff stated that he would check with Mr. Comodeca to make sure. Finance Director Iverson stated that it usually takes 60 days from the time of service to receive invoices from Mr. Comodeca. Councilmember Grant stated that Mr. Comodeca tracks his time weekly and this could be provided to the Council rather than an invoice. Councilmember McClung stated that he would expect this to be tracked closely in order to ensure that the City is not finding out two months after the fact that they are over the amount approved by the Council. Councilmember Grant clarified that Mr. Comodeca's time should be used for those items outlined in the scope of services and Staff should take on the administrative functions. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to Approve the Scope of Services in the Letter from Mike Comodeca dated October 19, 2009 for Legal Services Related to the Twin Cities Army Ammunition Plant (TCAAP) Property Reuse for an Amount Not to Exceed $35,000. Councilmember Grant offered a friendly amendment to specify that the rate of $320.00 per hour be agreed to and not be increased. Mayor Harpstead asked if this would be for a one year period. Councilmember Grant stated that this would be correct. Councilmember Holden accepted the friendly amendment. It was the consensus of the Council to accept the friendly amendment. Councilmember Holden stated that Mr. Comodeca should be included in the distribution of the minutes so that he is aware of what is happening and better prepared to assist the City. ARDEN HILLS CITY COUNCIL—October 26, 2009 14 7D. Approval of the Scope of Servicefor Mike Comodeca (continued) Mayor Harpstead stated that the City will need to ensure that they are efficiently using their resources. The amended motion was called to a vote. The motion carried unanimously (5-0). E. Motion to Adopt the Memorial Park Bench Program Policy Parks and Recreation Manager Michelle Olson stated that Staff was asked to research the possibility of the City of Arden Hills adopting a Memorial Park Bench Program. Staff has researched programs throughout the metro area. This type of program is often offered by Parks and Recreation Departments and can be found in cities such as Chanhassen, Cottage Grove, Hibbing, Hopkins, New Prague, Prior Lake, South St. Paul and St. Louis Park. After extensive research, Staff presented a draft of the Memorial Park Bench Program Policy to the PTRC. Staff received comments and suggestions and brought back a revised policy. Staff is proposing to utilize a Royale style bench, which is six feet in length, crafted from robust and recycled HDPE composite materials and is cedar in color. The benches would be installed by the Public Works Staff. The bronze plaque proposed is 10" x 3" that can have up to four lines of text and twenty four characters per line. The fees chosen for the bench and plaque are intended to cover the cost of the materials but do not include the installation. The policy document was reviewed by the City Attorney with no legal objections. A brochure was created to promote the program to interested residents. This information would also be posted on the City's website and be available at City Hall. Councilmember Holden stated concerns that this is referred to as a memorial bench and that this implies that these are only for those people who have died. Parks and Recreation Manager Olson stated that the PTRC had discussed this and changed a little bit of the wording to reflect this. Councilmember Grant stated that the bench could be donated for anyone even if they are not a resident and it could be in honor of someone not just someone who is deceased. He stated that the bench that was selected by the PTRC is nice. He asked if this bench was meant to be used in both parks and on trails because this bench may look out of place in a trail setting. ARDEN HILLS CITY COUNCIL—October 26, 2009 15 7E. Memorial Park Bench Program Policy (continued) Parks and Recreation Manager Olson stated that the PTRC had intended this to be the bench to be used in all settings. Councilmember Grant stated that the City is putting in the footings. In the diagram it is shown on concrete. He asked if the bench was able to be bolted down. He also stated that the ends of the bench appear to be metal or cast iron. He asked what type of maintenance was involved with this. Parks and Recreation Manager Olson stated that the bench was able to be bolted down. The materials used in the benches are intended to hold up to all types of weather and it is constructed to be used outside. There is not a lot of maintenance cost involved due to the types of materials compared to the wood benches that the City has. Councilmember Grant stated that the composite material was a better choice. He asked what the other choices for benches had looked like. Parks and Recreation Manager Olson stated that the benches that the PTRC had looked at had been one without arms, the one chosen and one that was more elaborate then the one chosen. She clarified that the PTRC had liked the bench with the arms. Councilmember McClung stated that he would recommend a Park Bench Donation Policy with one of the components being a memorial donation. He also stated that the brochure is not clear in that the bench does not need to be a memorial and it is also not clear on the plaque. The brochure indicates that a plaque is required. He stated that he would like to see the brochure be more inclusive. - Mayor Harpstead asked if there would be a pad of concrete with each bench. Parks and Recreation Manager Olson stated that the benches would be bolted into concrete footings. A full concrete slab in each location would be expensive. Councilmember Holden asked if the arms of the proposed bench were cast metal. Parks and Recreation Manager Olson stated that she did not have this information at this time. Councilmember Holden asked if there was an option to purchase half a bench. ARDEN HILLS CITY COUNCIL—October 26, 2009 16 7E. Memorial Park Bench Program Policy (continued) Parks and Recreation Manager Olson stated that this was something the PTRC had also talked about. It was determined that if Council wanted to include this it could be a possibility. She clarified that the benches that the City has been using cost about $500 and the nicer benches that are being proposed for the donation policy are higher quality and cost a little more. Councilmember Holmes suggested that the cost should be $500. This would not cover the entire cost of the bench but the City could supplement the amount. Councilmember Holden stated that this would be a good idea. Mayor Harpstead stated that this would be a reasonable request. At the last budget discussion there was talk about having some money available to be used for benches. Councilmember Holden asked if this should go back to the PTRC for additional work based on the Council's comments. Councilmember Holmes stated that the amount to be charged by the City for the benches is the decision of the Council. Changing this to a Donation Policy rather than a Memorial Policy is fine with the PTRC. If the Council wants to have a different style of bench then it should go back to the PTRC for review. Councilmember McClung asked if the City would use what they have as their standard bench instead of the proposed bench. Parks and Recreation Manger Olson stated the City does not really have a - standard bench. Staff would like to bring this back to the PTRC for additional review then bring to the Council for approval at a later date. The goal is to have this in place for spring 20 10. Councilmember Grant asked if the PTRC had visited the bench vendor or if the bench selected was based on pictures only. Parks and Recreation Manager Olson stated that the selection was based on pictures and brochures. Councilmember Holden asked how long this style of bench would be available. ARDEN HILLS CITY COUNCIL—October 261, 2009 17 7E. Memorial Park Bench Program Policy (continued) Parks and Recreation Manager Olson stated that she did not have this information and would be able to get back to the Council. Public Works Director Greg Hoag stated that it has been his experience that the more elaborate the style of the bench the more likely it is to go out of style. T Mayor Harpstead clarified that the Council has directed Staff to look at cost sharing options and different styles of benches. He also stated that at this time Council could choose to move forward with the program as it is now or direct Staff to bring back to Council at a later date for a vote. Parks and Recreation Manager Olson stated that Staff could bring the program back to the Council at a later date for approval. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to Table the Memorial Park Bench Program Policy. The motion carried unanimously (5-0). F. CP Rail Grant Opportunity Parks and Recreation Manager Olson stated that the grant is intended to support trails of regional or statewide significance. Funding for this grant is from the "Clean Water, Land and Legacy Amendment" passed by voters in 2008 and those grants funded under this program are intended to accelerate the acquisition and development of recreational trails as well as provide funding for rehabilitation and maintenance of existing trails. The deadline for submission for this grant is November 13, 2009. Bolton & Menk has been working with CP Rail and they are - willing to work on the grant at no additional charge to the City. The grant awards will be announced in January 20 10. The minimum grant request is $20,000 and the maximum award is $500,000. These grants are 75% reimbursable with a 25% non- state cash match. Only contract services, materials, and supplies are eligible to be reimbursed. Other state funds or grants or Metropolitan Council grants cannot match these grants. All projects awarded through this grant must be completed by June 30, 2011 in order to receive the reimbursements. All facilities that are funded through this program also require a commitment from the applicant that the trail will be in place and maintained for no less than twenty years. Staff is looking for Council direction whether to apply for this grant opportunity. If Council directs staff to proceed with the application, a Resolution of support will need to come before the Council on November 9, 2009, for approval in the application. -ARDEN HILLS CITY COiJNCIL—October 26, 2009 18 7F. CP Rail Grant Opportunity (continued) Councilmember Holden clarified that the grant request is for the portion of the trail that goes under the CP Rail Bridge. Parks and Recreation Manager Olson stated that due to the amount of the grant, the City would be applying for only the portion of the trail that goes under the CP Rail Bridge rather than including the trail connection. Councilmember Holden asked what the costs are for this portion of the project including engineering costs. Parks and Recreation Manager Olson stated that the total costs are $3 10,000 for the construction and $30,000 engineering costs plus $37,000 previously approved for Bolton & Menk for doing plans, specs and surveying. Mayor Harpstead clarified that this was not a motion but rather direction for Staff. Councilmember McClung stated that this is something that the City is looking to do anyway and if they can apply for grant money to assist in the construction then he would support it. Councilmember Grant asked how much the City was applying for. Parks and Recreation Manager Olson stated that they were applying for the construction costs of$310,000. Councilmember Grant stated that applying for this grant matches the philosophy of the City and they should direct Staff to proceed with the application. Councilmember McClung stated that he agreed. Councilmember Holmes stated that she would also agree. The consensus of the Council was to direct Staff to move forward with the CP Rail grant opportunity and bring a Resolution to the Council at the November 9, 2009 meeting. 8. UNFINISHED BUSINESS None. ARDEN HILLS CITY COUNCIL—October 26, 2009 19 9.0 COUNCIL COMMENTS AND REQUESTS Councilmember Holden addressed the comments made by Gregg Larson during the public inquiries and informational section of the meeting. There is no support from the Federal delegation to move forward with anything but a public auction. She clarified that she had voted to table the Resolution that Mr. Larson had referenced, and the consensus that was discussed in that meeting had to do with the two meetings prior to the June 29 meeting. She stated that she was offended that Mr. Larson had stated that she had not been building a relationship with Ryan Companies when in fact she had been one of the Councilmembers that advocated for Ryan Companies. The previous Council had stated that TCAAP would be developed at any cost, it did not matter what the cost would be to the residents. This Council has worked hard to be sure that there was no cost borne by the current tax payers. The Council knew with the Ryan situation that there would be some cost to the residents. The concern now is that the residents will have to bear a larger burden with the TCAAP property being developed and the residents need to be aware of this. She clarified that she has not done a survey regarding the interest of residents in the use of the TCAAP property for parks. She had stated that she did talk to 117 residents informally. Councilmember Holmes stated that performance reviews were being done on November 2. She asked if prior input would be available. City Administrator Moorse stated that it was available and he would check to see if this was sent out. Councilmember Holmes stated that October 24 had been the annual Buckthorn Removal Project Day organized by the PTRC and many people had showed up for the event. Councilmember Holden stated that Wednesday, October 28, was the Northwestern Youth and Family Services dedication of the Kay Andrews Discovery Center. Councilmember Grant stated that the new signs have been put up at Valentine Hills Elementary on Chatham Ave. He stated that the final sign states that the "No Parking Regulations End Here". He expressed that this was a good idea. Public Works Director Hoag stated that this had been a suggestion from the residents. Councilmember Holden stated that the I&I Report was in the Admin Update. According to this report the number of non-compliant sump pumps over the sixty ARDEN HILLS CITY COUNCIL—October 26, 2009 20 9. Council Comments and Requests (continued) day allotted time frame was increasing. She asked what the process was for getting these taken care of. Public Works Director Hoag stated that there is only one or two that are really outstanding. The sixty day reminder letters are about a week behind in getting sent out and this will decrease the number of non-compliant residence. The report was updated today and reflects numbers that are different than those reported in the Admin Update. Mayor Harpstead asked how the measurements from the Met Council regarding I&I compared to other communities. He asked if Bonestroo would be able to make this comparison. Public Works Director Hoag stated that Bonestroo would be able to make this comparison but it would be at an additional cost to the City. The City does not have a contract with Bonestroo this year. Mayor Harpstead asked if there was a Met Council comparative file. Public Works Director Hoag stated that he would need to look into this. Councilmember Holden asked if the City did not have the data available in order to put the report together themselves. Public Works Director Hoag stated that the information received had not been in any format specified by the City. Councilmember Grant asked why the City had to wait so long to receive the information. Public Works Director Hoag stated that he had misinterpreted what the Council was looking for as far as information and had not realized that he had already received this information from Bonestroo. Councilmember Holden asked if the City would need to continue to hire Bonestroo to put together the numbers since the city has the formulas. Public Works Director Hoag stated that he could not answer this question directly at this time because he is not an analyst. AR—DEN HILLS CITY COUNCIL—October 26, 2009 21 9. Council Comments and Requests (continued) Mayor Harpstead stated that it appears that progress has been made in the I&I. Councilmember Grant asked if the City is below where they needed to be with their I&I then why is the Met Council asking the City to fix a problem that no longer exists. Public Works Director Hoag stated that the response from Met Council has been that it has been too dry to determine whether the City is below the expected levels. Councilmember Holden asked if this was directly from Met Council and who this was being directed to. Public Works Director Hoag stated that the data that Bonestroo pulls together in a presentable form comes from Met Council and it is Mr. Janski's understanding of the flow data and rates that have helped him to understand it as well. Councilmember Holden clarified that she was asking who had made the statement that it has been too dry to determine that the City is below the expected levels. Public Works Director Hoag stated that this was Met Council's answer. The City is being surcharged on a five inch rainfall event. Councilmember Grant asked if this meant that the City would have to wait for a five inch rainfall. Councilmember Holden asked if the Met Council has sent out a letter to this e ffe c t. Public Works Director Hoag stated that they have not. Councilmember Holden asked if the City has been told this by Met Council. Public Works Director Hoag stated that he would be able to show the Council the data from the rainfall. Councilmember McClung stated that since this has not been stated directly from the Met Council the City should draft a letter specifically asking the question of the Met Council. Then the City will get an answer in writing on why the City is still being charged a surcharge. ARDEN HILLS CITY COUNCIL—October 26, 2009 22 9. Council Comments and Requests (continued) Mayor Harpstead stated that he would assist City Administrator Moorse in drafting a letter and send it officially from the City asking for clarification on if the City will be acknowledged for making progress. ADJOURN MOTION: Councilmember McClung moved and May Harpstead seconded a motion to adiourn. The motion carried unanimously (5-0)e Mayor Harpstead adjourn City Council Meet' 8. 7 p.m. r AStoan� Harpdead Ronald oorse Mayor Administrator