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HomeMy WebLinkAbout11-09-09-R ,/A EN HILLS Approved: December 14, 2009 CITY OF ARDEN HILLS,MINNE S OTA REGULAR CITY COUNCIL MEETING NOVEMBER 9, 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: None Also present: City Attorney Jerry Filla, City Administrator Ronald Moorse Finance Director Sue Iverson, Public Works Director Gregory Hoag, g y g Community Development Director James Lehnhoff Civil Engineer Kristine Giga, Parks and Recreation Manager Michelle Olson, Cor Wilson representing CTV, Recording Secretary, Tina Borg. g PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holden requested that item 4B be pulled from the Consent Calendar. Mayor Harpstead stated that item 7D would be removed from the agenda and item 8B would be discussed before item 7A but would remain numbered as item 8B. MOTION: Councilmember Holden moved and Councilmember McCluny seconded a motion to approve the agenda as amended. The motion carried unanimously 5-0 . 2. PUBLIC INQUIRIES/INFORMATIONAL A. CTV Update ARDEN HILLS CITY COUNCIL—November 9, 2009 2 1. CTV Update (continued) Cor Wilson provided the Council with an update regarding the current legislation for cable TV, funding and channel placement. She also reviewed franchise renewal, and the direction that CTV is currently taking to remain competitive in the market. She is requesting that cities adopt a resolution to support funding and channel placement legislation. Mayor Harpstead stated that the Council will review the process to have this item added to a work session and put on a future Council meeting agenda for possible approval. Councilmember Holden stated that if CTV was still looking for a new location, Arden Hills has some properties available that may meet their needs. Mayor Harpstead asked what city would be first in the franchise renewal process. Ms. Wilson stated that she did not have this information currently but thought that Arden Hills was close to the top of the list. Councilmember Holden thanked CTV for their work and the service they provide. B. TCAAP Update City Administrator Ronald Moorse stated that there was a conference call with Kevin Legare today. 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 sale is planned for late spring to early summer of 2010. The potential lease arrangement of the FOSET property has now transformed into a license arrangement. The City has requested additional information regarding this from Mr. Legare. Letters have been provided to the City's congressional delegation, with copies of the City's State legislative delegation, providing an update regarding the TCAAP Property. City Administrator Moorse stated that at the October 20, 2009, joint work session with the Ramsey County Board, the Board directed Greg Mack, Director of Parks and Recreation, to determine if there were any additional areas of the TCAAP property, other than the wildlife corridor, that could merit County interest for park and open space use. Greg Mack has indicated - the western 500 feet of the primer tracer area could be a trailhead and parking area. The National Guard has expressed interest in the remaining portion of the primer tracer area. Greg Mack has sent this concept to Kevin Legare at the General Service Administration(GSA), though he has not heard back from him. Greg also indicated the County may be interested in a trail corridor providing a link between County Road 96 and the Rice Creek Trail Corridor. This trail could be identified prior to a public sale or in combination with a future development. To designate a trail as regional, the Metropolitan Council would have to approve it in the Regional Parks System Plan and the County would have to prepare a master plan for the regional trail. Staff is working with Greg Mack to prepare trail corridor options to discuss with the City Council. It had been suggested that they follow up with the Army regarding the interest of the County and National Guard. - Councilmember Holden asked why they would need to contact the Army. ARDEN HILLS CITY COUNCIL—November 9, 2009 3 1. TCAAP Update City Administrator Moorse stated that the Army is the entity to make the decisions regarding the County and National Guard's land transfer request. Councilmember Holden stated that the Council should wait to contact the Army until the concept has been approved by Ramsey County and the Metropolitan Council. Mayor Harpstead stated that this would be brought up at future TCAAP work sessions and could be discussed in greater detail at that time. Councilmember Holmes asked City Administrator Moorse to elaborate on how Staff is working with Greg Mack. City Administrator Moorse clarified what Staff is doing to assist Greg Mack. Councilmember Holmes asked if funding options for the trail and clean up had been looked into yet. City Administrator Moorse stated that these items had not been explored yet. Mayor Harpstead opened the public inquiries/informational at 7:19 p.m. Mayor Harpstead closed the public inquiries/information at 7:20 p.m. 3. APPROVAL OF MINUTES Councilmember Holmes suggested that Staff have at minimum one set of minutes to be approved at each meeting to keep the minutes up to date. 4. CONSENT CALENDAR A. Claims and Payroll • > T� ��rnrrir Dic• in♦ itXXX iL Q C =1an%JA- L I-L%X%./XX Ville• C. Motion for Authorization to Apply for the Recycling SCORE Grant Funds for 2010 in the Amount of$20,114.00 D. Motion to Approve Resolution 2009-031; A Resolution Supporting the Parks and Trails Legacy Grant Program Application Through the Minnesota Department of Natural Resources E. Motion to Reschedule the November 25, TCAAP Work Session to 5:00 p.m. on Monday, November 30, 2009 F. Motion Accepting Liability Coverage limits from the League of Minnesota Cities Insurance Trust(LMCIT) for 2010 ARDEN HILLS CITY COUNCIL—November 9, 2009 4 4. Consent Calendar MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS A. Motion to Approve Resolution 2009-030; A Resolution Accepting the 2009 Minnesota Laws, Ch. 88, Article 5, Section 16 Relating to a Tax Increment Financing District in the City of Arden Hills Community Development Director James Lehnhoff stated at the conclusion of the 2009 Minnesota Legislative session, the Legislature passed and the Governor approved the City's request for special Tax Increment Financing (TIF) legislation for the TCAAP property. In order to have the option of using this special TIF legislation at some point in the future, the City, along with the School Board and County Board, must approve the special legislation. Approving the special TIF legislation is not an approval or implementation of the actual TIF district and does not guarantee that the City will choose to apply the special TIF legislation. Councilmember Holden asked how this was different from regular TIF provisions. Community Development Director Lehnhoff stated the approved legislation provides the following flexibility from the standard TIF limitations: it is deemed to be a redevelopment district without meeting the blight test, the five year rule is extended to ten years, the duration limit of the district is increased from 25 years to 30 years, the City may elect to delay receipt of the first increment which starts the duration running by up to six years, and the authority to create a district under special law expires on December 31, 2019. MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to approve Resolution 2009-030 Accepting the 2009 Minnesota Laws, Ch. 88, Article 5, Section 16 Relating to a Tax Increment Financing District in the City of Arden Hills. - Councilmember Holden stated that she would not support this motion. She stated that the City has ample flexibility with the generally accepted TIF provisions and she does not want to extend a TIF district out thirty years. Councilmember Grant stated that the City is not required to implement the TIF legislation to thirty years but it does make sense for the City have the options available. Mayor Harpstead stated that he would be in favor of this motion. This particular parcel is not generating any current tax so at the time it gets transferred to the public sector it will be revalued and begin to generate tax. The opportunity for the City to allow some improvement on the property in accumulation of additional value before the City begins taking the first increment really allows the City to begin accumulating funds in order to cover some of the costs identified. It is nice to be able to shift this into the future from a start date in order to make sure that there are 4 ARDEN HILLS CITY COUNCIL—November 9, 2009 5 S. Pulled Consent Items some funds that are coming back into the City and can be accumulated for the costs that may be incurred by that parcel of property. Councilmember McClung stated that he would be in favor of this motion. He clarified that this did not prejudice any future votes regarding TIF and it is important that the City have a wide variety of options available. Councilmember Grant stated that he did not generally support the concept of TIF but this could be one of the tools that the City needs with the TCAAP property. He clarified that approving this at this time did not signify an automatic endorsement for activating the TIF district. The motion was called to a vote. The motion carried 4-1. Ayes—Mayor Harpstead, Councilmembers McClung, Grant,Holmes Nays—Councilmember Holden 6. PUBLIC HEARINGS None. 8. UNFINISHED BUSINESS Be Settlement and Release Agreement with Mr. Ronald Nelson in the Amount of $16,500 Public Works Director Greg Hoag stated that at the October 26, 2009 City Council meeting, the City Council directed the City Attorney to work with Mr. Nelson to develop a Settlement and Release Agreement that provided for a cash settlement vs. the City designing and constructing a retaining wall on Mr. Nelson's property. By entering into a Settlement Agreement it allows Mr. Nelson to have more control of the project, and it will reduce the costs of the project to the City by eliminating the direct City involvement in the design and construction process. City Attorney Jerry Filla and Mr. Nelson have had several discussions relating to a proposed Settlement and Release Agreement, and they are both comfortable with the provided agreement. Staff is recommending that the Council approve the Settlement and Release Agreement with Mr. Ronald Nelson for the amount of$16,5 00. -- Mayor Harpstead asked if this would solve the problem with the water drainage and erosion. Public Works Director Hoag stated that this will direct the water in the right direction and should resolve the problem. Councilmember Grant stated that the plans require a large amount of boulders and stone. He asked if these materials would be transported over the existing trail to Mr. Nelson's property. ARDEN HILLS CITY COUNCIL—November 9, 2009 6 8. Unfinished Business Public Works Director Hoag stated that this had not been discussed directly. Staff would be sure to let the contractor know that smaller loads would be required on the trail. Councilmember Holden asked how the agreement worked. Public Works Director Hoag stated that the City would give Mr. Nelson a check within five days of the agreement being approved and Mr. Nelson would pay the contractor. City Attorney Jerry Filla clarified that he did not know if this was the best deal for the City. He had not done any negotiation with Mr. Nelson but rather been provided with the information that these were the terms. Councilmember Holden asked how many bids Mr. Nelson had gotten. Public Works Director Hoag stated that he had received one bid. Councilmember McClung clarified that the agreement would absolve the City of any future liability. City Attorney Filla stated that this was correct. Councilmember Holmes clarified that the amount being requested would be paid before the work was completed and the amount being paid was the final price regardless if the actual amount would be higher or lower. City Attorney Filla stated that this was correct and the City would pay the funds within five days of approving the agreement. Mr. Nelson did not want to front any of the funds required for the proj ect. Councilmember Holden asked if there was a time frame that the work had to be completed. City Attorney Filla stated there was no time frame. He is required to use the money for the - purpose of building the retaining wall. Councilmember Grant asked Mr. Nelson if the construction of the retaining would start from the top. He clarified that Mr. Nelson understood that there would be some damage to his lawn as well during this project. Mr. Ron Nelson, 4504 Keithson Drive, Arden Hills, stated that he understood this and this had been taken into consideration in the quote that he had received. He also stated that he understood that by signing the release he was accepting responsibility that the contractor was going to complete the work as they had stated and he would receive a warranty. He expected that this project would be done before mid-December. Councilmember Holmes stated that the plan does outline that the boulders would be brought in on the trail. ARDEN HILLS CITY COUNCIL—November 9, 2009 7 8. Unfinished Business Mayor Harpstead stated that this was clear and he directed Public Works Director Hoag to supervise this portion of the project to ensure the trail was not damaged. MOTION: Councilmember McClunLy moved and Councilmember Grant seconded a motion to Approve the Settlement and Release Agreement with Mr. Ronald Nelson Rmardini! an Erosion Issue at 4504 Keithson Drive for the Amount of $16,500. The motion carried unanimously (5-0). Councilmember Holden clarified that both Mr. and Mrs. Nelson should be specified in the motion because the City was reaching this agreement with both parties. Mayor Harpstead stated that this would be in reference at this time. The motion was called to a vote. The motion carried unanimously (5-0). 7. NEW BUSINESS A. Motion to Authorize Staff to Purchase a 2010 Prius II From Maplewood Toyota for an Amount Not to Exceed $25,527.05 Community Development Director Lehnhoff stated the City owns a 1993 Chevrolet S 10 that is primarily used for building inspections and code enforcement purposes. The S 10 is used on nearly a daily basis and has accumulated 74, 960 miles as of November 4, 2009. A replacement for the S 10 has been in the Capital Improvement Plan (CIP) for a number of years; however the city has been able to extend the usable life of the S 10 and delay the purchase of a new vehicle. Due to the high demand for the Prius, it is difficult to obtain a specific color. The closest color to the standard Arden Hills tan is the "Sandy Beach Metallic." As of November 4, that color was not available but the color"Blizzard Pearl" is more commonly available. The City has purchased white vehicles in the past and had them painted tan. The cost to have the Prius painted tan would be an additional $425.00. The Toyota dealership recommended against painting because it decreases the long-term value of the vehicle. Due to the condition of the S 10 and the popularity of the Prius, the dealership would not be interested in trading in the S 10. Alternatively, local governments can participate in the State of Minnesota Surplus auction at the MnDOT facility in Arden Hills. Councilmember Grant stated that the memo referenced an analysis and the mileage for the Blazer. He asked when this vehicle had been purchased. Community Development Director Lehnhoff clarified that this was in regards to the S 10 not the Blazer and the S 10 was a 1993 vehicle. Councilmember Grant stated that he had requested the actual mileage this vehicle had been driven per year over the last couple of years. ARDEN HILLS CITY COUNCIL—November 9, 2009 8 7. New Business Community Development Director Lehnhoff stated that in 2007 is had been driven 4643 miles, in 2008 it was 6866 miles, and to date in 2009 it was 4626 miles. Councilmember Grant stated that the vehicle being replaced was only used for 4500 miles a year on average and would be sitting outside uncovered and in the elements. He did not think this was a logical situation for a vehicle that cost the City $25,000. He asked what kind of analysis was done. Community Development Director Lehnhoff stated that one of the analyses was the payoff time period for the increased mileage versus the increased cost of the vehicle. Councilmember Grant asked if Finance Director Iverson had calculated in the cost of capital and depreciation. Community Development Director Lehnhoff stated that this was not part of the analysis. Councilmember Grant stated that the depreciation for this vehicle was such that in three years the $25,000 vehicle would be worth $15,000. He stated that in 2010 the City would be replacing a Chevy 3500, which is valued at about $4500. Provided the vehicle is still in decent shape this vehicle could be used as a replacement for the S 10 and this should be considered. He stated that he did not agree with spending $25,000 and leaving it sit outside in the elements. Councilmember Holden asked what the condition of the S 10 was at this time. Community Development Director Lehnhoff stated there is a significant amount of rust near the driver side door and on the tailgate, the tailgate is cracked, the windshield wipers recently stopped working, the brakes are becoming less responsive, and the driver side door has become difficult to close and latch. The cost of repairs for 2009 has been approximately $800 and there were similar costs in 2007 and 2008. Mayor Harpstead stated that the City had received settlement from the insurance company for hail damage last year. Councilmember Grant stated that another option that could be considered is the purchase of a three-year-old used Prius. Councilmember Holden asked what the condition is of the Chevy 3500 that would be replaced in 2010. Public Works Director Hoag stated that this truck is a one ton two wheel drive with a crane on it. It has about 112,000 miles on it. The overall condition is that it has had a tough life with hauling the crane and other excessive items and it is only a two-wheel drive vehicle. He stated that it may make sense to upgrade a different truck that gets used more and down grade one that is currently there for a longer time. He would not recommend the Chevy 3500 vehicle to be used to replace the S 10 because it is starting to cost the City money to maintain it. ARDEN HILLS CITY COUNCIL—November 9, 2009 9 7. New Business Councilmember Holden stated that the Prius would be only one tank of gas a month. She expressed an interest in looking at a used vehicle that stayed with the "green" concept. Councilmember McClung stated that he did not agree that the vehicle needs to be replaced at this time. He asked if the City had looked into the possibility of paying mileage to employees and if this would save the City money. He stated that additional analysis needed to be done. Councilmember Holden asked what kind of maintenance had been done on the S 10. She stated that the City had spent $3000 over the last couple of years to maintain a 16-year-old vehicle. Mayor Harpstead stated that the motion could be tabled with direction to Staff to broaden their analysis and include items such as leasing, used vehicles, and utilizing a different vehicle from the Public Works Department. MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion Table the Motion to Purchase a 2010 Prius II from Maplewood Toyota for an Amount Not to Exceed $25,527.05 for Additional Information and Analysis. Councilmember Grant stated that on page 2 of 3 of the memo states the 2030 Comprehensive Plan calls for the City to be greener where it makes economic sense. He requested that Staff include this in the analysis. Councilmember Holden asked for clarification on what was meant by direction for Staff. Mayor Harpstead explained that since the Council was on a motion to table he was allowing the Council to provide input to Staff on what they should include in their analysis. Councilmember Holden requested that the options considered by Staff include purchasing a used vehicle. The motion was called to a vote. The motion carried unanimously (5-0). B. Motion to Establish a Three Hour Time Limit for All City Meetings MOTION: Mayor Harpstead moved and Councilmember McClunLy seconded a motion to Establish a Three Hour Time Limit for All City Meetings. The motion carried unanimously (5-0). C. Motion Regarding Holding TCAAP Work Session as Special Council Meetings City Administrator Moorse stated at it October 28, 2009 TCAAP work session, the Council directed Staff to place on the November 9, 2009 Council meeting agenda consideration of holding TCAAP work sessions as special Council meetings. The purpose of the special meeting format is ARDEN HILLS CITY COUNCIL—November 9, 2009 10 7. New Business to provide a more formal format for the meeting and to provide the ability to take formal action at the meeting. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Approve Holdinji TCAAP Work Sessions as Special Council Meetings. Mayor Harpstead ruled that this motion is improper for the specific reason that it is a motion to change the parliamentary authority of this body as it's captured in the City Codes. As such, it is required to have previous notice to the community and at minimum it needs two-thirds approval at the time it is passed because it is a parliamentary motion in the description and definition of meetings. Councilmember Holmes stated that a work session would not be a Council meeting. She asked for additional clarification on what the motion was requesting. Councilmember Grant asked for detail in what part of the City Code Mayor Harpstead was referencing. He asked if he was referencing the portion that defines the calendar for Council meetings themselves. Mayor Harpstead stated that this was correct along with the next code. Specifically, it is based upon the Chapter 2 of the City Code on City Council Meetings, Section 210.03 which has the clear intent of providing clear and consistent meetings times for the City Council so that the citizens of Arden Hills can participate in the process. Subd. 1 specifically describes regular meeting and states that they shall be on the second and last Monday of the month and that regular workshops will be held on the third Monday of the month. Subd. 3 further allows for special meetings that may be called for by the Mayor or any two members of the Council. Notice will be given at all times regarding the time and place. At City Council meetings, members can take actions by votes to expend City resources, sign contracts, higher/fire Staff, decide Codes, and establish procedures. Regular City Council meetings do not have a limited agenda. The City Council has the ability to amend the agenda at the time of the meeting as it sees fit as a body. In the past, the TCAAP meetings have been scheduled out in the future as work sessions at which time there is no formal action of the City Council and the actions that are taken in those meeting are directional to Staff to add additional knowledge and anything that needs to be acted upon is brought before this body at a regular City Council meeting in order to be enacted. The basis for this ruling is that this is in effect creating an additional type of meeting or class of meetings and that would be routinely scheduled special Council meetings and this is beyond the scope,of the clear intent of this section of the Code and as such it would fall under what's considered under Robert's Rules of Order a motion to amend the parliamentary rules of the body. That reading requires that prior notice be given to the citizens of Arden Hills so that they can understand that they may need to attend other meetings at which any business of the City may be transpired and in addition it would require a two-thirds majority in order to implement this parliamentary rule change. This process cans till come forward at a subsequent meeting with proper notice. Councilmember Holden asked City Attorney Filla how the TCAAP work session could be made into meetings so that things that are discussed at the work sessions are honored moving forward. ARDEN HILLS CITY COUNCIL—November 9, 2009 11 7. New Business City Attorney Filla stated that there are other laws involved including the open meeting law, the Robert's Rules of Order and other laws that deal with Council meetings. All of these sources refer to special meetings as meetings that are held in between regular Council meetings to deal with matters that the Council deems urgent. This hurdle would need to be overcome first if the Council were going to call a special meeting. Robert's Rules say that reasonable notice is required and he recommended three days notice for a special meeting. The purpose of the special meeting must also be noted. If the Council was going to have a regularly scheduled meeting it should be added to the meetings as part of the procedure. The Mayor's ruling is correct. Councilmember Holmes clarified that special Council meetings could be held with proper notice but the Council could not have two special meetings per month. City Attorney Filla stated that the Council could have as many meetings per month as they wished. Councilmember Holmes asked why the Council could not have regular TCAAP meetings as special Council meetings twice a month with proper notice. City Attorney Filla clarified that the Council could do this but they would need to follow the correct process to amend the rules of procedure that have been adopted. Councilmember Holmes clarified that City Attorney Filla was referring to the City Ordinances and Codes. City Attorney Filla stated that this was correct. Councilmember McClung stated that if the meetings are scheduled consistently then they would become regular meetings of the body and the City Code would need to be amended to add these meetings. City Attorney Filla stated that the purpose of the special meeting is to deal with a matter that - cannot wait until the regular scheduled meeting and this situation does not fit this criteria. Also the focus of the open meeting law is to keep the public aware of what is going on in advance. Councilmember Grant asked City Attorney Filla if Council could determine what procedures it wanted to adopt for the work sessions such as taking non-binding votes. City Attorney Filla stated that the Council could not take any action at a work session. Any votes that are taken at a work session are non-binding. Mayor Harpstead clarified that this was a parliamentary rule change and required a two-thirds majority, which would be four out of five votes. He asked City Attorney Filla if this was correct. City Attorney Filla stated that he did not have a copy of the City Code but it may also require a Code amendment. There is not only the procedural ruling but also a code amendment that could be done by a simple majority. ARDEN HILLS CITY COUNCIL—November 9, 2009 12 7. New Business Mayor Harpstead clarified that the area of the code that would need to be amended was the meeting description organizing process of this entity, which falls under by-laws under Robert's Rules. City Attorney Filla clarified that the by-laws would be the rules that the City has laid out in its Code. He clarified that it would take four out of five votes to put on the agenda tonight but it would only be a majority vote to change the process in the City Code. Councilmember Holmes stated that the bottom line of this discussion was that there is a problem that needed to be resolved with how the Council could have a more precise consensus at TCAAP work sessions that would be clear for future meetings. Mayor Harpstead stated that if the issue was how and what process to use to form a direction at a work session it would be appropriate for this body to publish work session rules. Things like registering specific positions can be recorded. A person's position could be called relative to a particular consensus. It is not in the best order for the City of Arden Hills to open the door for meetings that typically happen on dates and times that public is not apprised of and expecting them, and take action that may affect the City. Councilmember Holden asked how the public would not be apprised of the date, time and agenda if these items were published in the same manner as the regular City Council meetings. Mayor Harpstead stated that if the City had an ongoing TCAAP meeting in which the whole authority of the Council could be acted on, the ability or reason to call for the special meeting does not exist any longer. Councilmember Holmes clarified that the Council was trying to figure out how the work sessions could be more effective. Mayor Harpstead stated that procedures as they pertain to work sessions should be looked into and the Council could look into adding a non-binding voting process. Councilmember Holmes stated that the problem currently is that there is no vote that is recorded for future meetings to make people accountable for what was decided at the last meeting. Mayor Harpstead clarified that work sessions are an opportunity for Staff to present ideas to the body for the body to ask questions and create future opportunities for insight and input and from time to time for Staff to get a sense of urgency they should place on issues. Councilmember Holden stated that the Council did not do anything regarding the purchase of the Prius and who was to say that another Councilmember wouldn't tell the department to go ahead and make the purchase. This type of action seemed to be what was happening with the work session. Mayor Harpstead stated that the Council needs to make sure that things keep coming in front of the Council at the regular Council meetings in order to have votes taken. ARDEN HILLS CITY COUNCIL—November 9, 2009 . 13 7. New Business Councilmember Holden asked why the Council had TCAAP work sessions. She stated that the work sessions were meaningless and the direction given to Staff is not necessarily followed. City Administrator Moorse stated that the discussions at work sessions provided Staff with some direction. That direction should go directly to the next Council meeting where a specific action is taken and the direction that was given at the work session is now in a specific vote and it is clear what the direction was. This agenda indicated that coming out of the TCAAP work session, which had been held at 5:00, there may be consideration of the Reuse Statement. Councilmember Grant stated that a point of order was needed. He stated that the motion had been ruled out of order and there was nothing in front of the Council at this time to discuss. Councilmember Holmes asked if consideration of this topic could be added to the agenda. Mayor Harpstead stated that it could be brought forward under Council Comments and Requests. D. Alatia WA%FnJUL toIL W A prrwn ♦hn T!''AW.A p unr»ro Can♦mmer4 ls�r A mnnrinrl� �i�r 7 8. UNFINISHED BUSINESS A. Amend Contract with Bolton & Menk, Inc. for Regional Transportation Assistance to Increase the Authorized Amount from $45,000 to an Amount not to Exceed $68,500 Civil Engineer Kristine Giga stated since March 2008, the City has contracted with Bolton & Menk, Inc. to provide technical support for various transportation projects in the City. The support has included review of technical documents, proposed concepts, and responses to the Interstate 694, Highway 10 and County Road 96 Preliminary Design Issues and Position Paper that have been provided by Ramsey County and/or Mn/DOT. The original contract amount was in an amount not to exceed $30,000 and included technical assistance for reviewing the proposed - improvements to Trunk Highway 10 (TH 10) and County State Aid Highway 96 (CSAH 96), as well as providing assistance with addressing the concerns identified in the "Interstate 694, Highway 10 and County Road 96 Preliminary Design Issues and Position Paper". At the time the contract was awarded, Bolton & Menk was to provide assistance as needed on an hourly basis over a 60 to 90 day period. Ramsey County hired a consultant to begin environmental documentation and preliminary design for the TH 10/CSAH 96 Grade Separation and CSAH 96 Improvements in September 2008. Knowing this preliminary design process would last at least a year, Staff asked Bolton & Menk to estimate the additional time that would be needed to provide continued technical support for the TH 10/CSAH 96 project, as well as the Local Access Interchange (LAI) and I-3 5 W/CR H Interchange projects associated with the redevelopment of TCAAP. At the September 29, 2008 City Council meeting, the City Council approved an amendment to the original contract for an additional $15,000. Through October 2009, the - services provided by Bolton & Menk have reached the contracted $45,000. As the environmental documentation and preliminary design process for the TH 10/CSAH 96 project nears completion, Staff recommends retaining Bolton&Menk's services. The ability to review the technical ARDEN HILLS CITY COUNCIL—November 9, 2009 14 8. Unfinished Business aspects involved with this transportation project are an expertise that small cities do not typically have in house. The environmental assessment (EA) is anticipated to be posted for public comment in January 2010. Staff recommends assistance with the review of this document. The additional funding is broken down as; Task 1: the review of the EA, assisting with the public involvement process for the EA, and continued participation in monthly project meetings, Task 3: final design support and Task 2: continued investigation of noise mitigation and complete a feasibility report. Task 2 may be approved by the Council at a later date. Councilmember Holden stated there seemed to be several Bolton & Menk staff that attended meetings. She asked if there was a way to cut this number down since the City was paying to have these people at meetings. Civil Engineer Giga stated that the City currently has two contracts with Bolton & Menk and there have been a couple of incidences where the projects overlapped in meetings. She stated that she would review the number of meetings that they are asked to attend. Councilmember Holden stated that she would like responses to come from the City, not from Bolton &Menk. She stated that the line was blurred on where Bolton & Menk stops and the City starts. Councilmember Grant stated that he had similar concerns as Councilmember Holden. He asked to go over all the services from Bolton & Menk to see where the City would want internal versus external resources. He asked what the benefit was to having Bolton & Menk and what the specific value was to the City. He pointed out Land Use as an example of what he was asking. Ramsey County would be doing Land Use and does the City need Bolton & Menk to review this as well. He asked if they were providing a better look than if the City reviewed this. Civil Engineer Giga stated that the Roseville Staff does not have the expertise that some of these areas are looking at. Engineering firms have staff that have expertise in the various categories and they can see what might be sticking out that may not be normal to what is usually seen. Because Roseville Staff is not an expert in these fields they would not be able to provide as thorough a review. _ Councilmember Holden stated that Task 2 referred to the Briarknoll neighborhood. She asked if Norma Avenue and other areas would be included as well. Civil Engineer Giga stated that Task 2 was not part of what Staff is proposing to be approved at this time. This would be a follow up to the December work session and this would include the Norma Avenue area as well as the feasibility report. This entire area is referred to as the Briarknoll Neighborhood. The work session will also look at the request for the west side of Highway 10. Councilmember Holden pointed out that the scope of services provided was vaguer than they have been in the past. She asked if the City's scope of services were covered so that there would - not be added costs for services that the City thought were included. Civil Engineer Giga stated that Staff could ask for a more detailed breakdown. ARDEN HILLS CITY COUNCIL—November 9, 2009 15 8. Unfinished Business Councilmember Holmes clarified that Task 1 went through March of 2010. She asked if this should go further than this. Civil Engineer Giga stated that the preliminary design process is close to completion and should be completed in March—April 2010. Councilmember Holmes asked if the City would be asked to give municipal consent in March— April 2010. Civil Engineer Giga stated that this was correct. Councilmember Holden stated that the time frame for Task 1 should be changed from "October to March 2010" to "November to April 2010." She also stated that she would like to have a better scope of services. Civil Engineer Giga stated that the change could be made to the date. She also stated that she could ask for more detail on the scope of services for the Council. Mayor Harpstead clarified that these contracts are time contracts with participation at meetings that the City has identified. Civil Engineer Giga stated that this is correct. They attend the monthly project meetings that the City has with the County, their consultants and Mn/DOT and Task 1 includes the review of the EA and attendance at the public hearing for the EA. Mayor Harpstead asked if there were specific deliverables with any of the Tasks. Civil Engineer Giga stated that the deliverable for the review of the EA would be a draft letter with concerns expressed by the City and this would be presented to the City Council for additions and changes. This would be similar to the one from the Interstate 694 EA review. The deliverable for Task 3 would be similar letters with comments. Councilmember McClung stated concerns that the City is moving more in the direction of consultant engineering services and he would like to see more internalization. City Administrator Moorse stated that the City has talked specifically with Roseville about putting together a plan for next year that would utilize Roseville more and to plan out the workload. He also pointed out the Highway 10 and County Road 96 project was a large project that the City does not typically see and the added use of consultants makes sense. Councilmember Holden asked if Bolton & Menk provided input at the County meetings that they attended. Civil Engineer Giga stated that they attend mainly for understanding and follow up if there is - anything that needs to be reviewed such as traffic documents. ARDEN HILLS CITY COUNCIL—November 9, 2009 16 8. Unfinished Business MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to Authorize Staff to Amend the Contract with Bolton & Menk, Inc. for Rejional Transportation Assistance, as Identified in Tasks 1 with a Termination Date of April 2010 and Task 3 with a Termination Date of April 2011 in the Proposed Amendment, from $45,000 to a Revised Total Amount Not to Exceed $68,500. Councilmember Holmes stated that the agreement should be more specific in the scope of services being provided including what meetings are attended and how long they are at each meeting. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to Table the Request to Amend the Contract with Bolton & Menk, Inc. for Regional Transportation Assistance, from $45,000 to a Revised Amount Not to Exceed $68,000. The motion failed (2-3). Ayes—Councilmembers Holmes, Holden Nays—Mayor Harpstead, Councilmembers Grant, McClung The original motion was called to a vote. The motion carried (3-2). Ayes—Mayor Harpstead, Councilmembers Grant,McClung Nays—Councilmembers Holmes,Holden 9. COUNCIL COMMENTS AND REQUESTS Mayor Harpstead stated that there is an opportunity to address procedures and/or processes for work sessions. Councilmember Holmes suggested that City Attorney Filla and City Administrator Moorse provide some input. She clarified that the concern was that the informal decisions and discussions from the work sessions are lost from meeting to meeting. What the City is trying to accomplish is not getting done and the accountability and the discussions are becoming vague. She stated that consensus from one meeting was not always carried over and recognized in other meetings. She asked how the City could record what had happened at a meeting so that it is available at the next meeting what the consensus and action steps were from the previous meeting. Mayor Harpstead clarified for the record that when he speaks on behalf of the Council to any public entity regarding the vote to make TCAAP a park he has said that the motion was approved on a 3-1 vote and it was the consensus of this body and I would have voted against it. He stated that in past work sessions the minutes have reflected the consensus when the Council has been polled for comment and individual Councilmembers speak to the item. This is reflected in the minutes. ARDEN HILLS CITY COUNCIL—November 9, 2009 17 9. Council Comments Councilmember Holmes stated that the problem is that the minutes are not available right away and because of this delay she is not sure if all the things that were discussed and decided upon are included in the minutes. Councilmember McClung stated that this is a large part of the problem. The Council does not have the minutes from the previous meeting to look back to. This process needs to be improved. He suggested that the minutes be available at the following meeting, in draft form if need be, in order for the Council to reference. He also stated that the minutes need to better memorialize what the actions are of the Council. He stated that this was a combination of not having an actual minute taker at the meetings and it taking far too long to get the minutes out. The Council needs to have a workable solution to the minutes. Councilmember Grant stated that when it is a consensus it becomes vague in the minutes because the tape does not pick up heads nodding and there is not a vote or poll. If a non-binding vote was taken to memorialize the vote then at least the Council has an idea of where they were. This is non-binding and people could change their minds but at least for the work session there is a reference on where people stood. Mayor Harpstead stated that this was an appropriate procedure and he would implant this into the work sessions. Councilmember Holden stated that it is important also that the Council would know what they are voting on or consenting to. Councilmember McClung stated that the Council could ask Staff at the end of a topic to restate what the discussion was and what the take away from that discussion is including action items. Councilmember Holmes stated that there needs to be action steps at each meeting and follow up on these action steps. She asked if the Council thought there should be a record taker at the work sessions. Mayor Harpstead stated that there is a role for Staff to articulate feedback and demonstrate understanding. He stated that he would like to know what the cost impact would be to have a record taker attend the meetings before making a decision on this question. He asked that Staff look into this and if there is no cost impact then he would agree to have them at the meeting. g Councilmember Holden stated that for the amount of time that issues are discussed and re- discussed it would make sense to have someone at the meetings. She recommended that this be included in the cost analysis. City Administrator Moorse stated that with the procedure of restating the action, action steps, and consensus vote this may be the solution that he City is looking for. Councilmember McClung suggested that Council ask Staff to come back with a more formalized procedure on how minutes are taken at the meetings and a length of time before they are brought back to the Council for approval. AR- DEN HILLS CITY COUNCIL—November 9, 2009 18 9. Council Comments Councilmember Holden clarified that this would be all minutes. City Attorney Filla stated that type of minutes and the length of minutes is a topic discussed frequently by cities. He stated that they should capture the essence of what is said and the motions. Councilmember Holmes stated that it is not the length of the minutes that is an issue but rather the length of time it takes to have them available for approval. Councilmember Holden stated that the minutes are currently at a good length but the do need g Y to be turned around faster. She stated that the current Council minutes were a good standard for the City. The work session minutes are lacking the clear and concise discussions that the regular minutes have. Mayor Harpstead stated that actions and specific call for position will be done at the work sessions and included in the minutes. Staff will help that this becomes clear at the time of the meeting. Councilmember Holden asked what had happened to Councilmember gg McClung's suggestion that a process or procedure be developed and brought to the Council. Mayor Harpstead stated that Councilmember McClung had provided that direction to Staff and he verified that Staff understood this direction. Councilmember Holden clarified that the Council needed to send direction to Staff as a group p and not just one person. Mayor Harpstead stated that all Councilmembers send messages to Staff all the time asking for specific bits of information and in this particular case Councilmember McClung asked for additional information on minutes. City Administrator Moorse clarified that Staff was asked to provide a more formalized procedure regarding the timing of minutes, getting the minutes accurate and in as quick a turn around as possible and a cost analysis for having a record taker attend the meetings. Councilmember Grant stated that the Council had received an e-mail in regards to miniature horses in the City. He asked if Community Development Director Lehnhoff or City Planner Beekman would be getting back to the author on Thursday. Community Development Director Lehnhoff stated that when the packet of information was submitted City Planner Beekman did follow up with the author at that time in regards to what would need to be done if she wished to make a formal request. The e-mail that the Council received was forwarded to Staff by Councilmember McClung. Staff could follow up with her again. Councilmember Grant requested that Staff follow up with the author and explain that there was not an application and this is why the Council did not take any action. ARDEN HILLS CITY COUNCIL—November 9, 2009 19 9. Council Comments Councilmember Grant asked for an update on Northwestern with their construction of the Student Life Center. Community Development Director Lehnhoff stated that he would have to talk with Dave to find out what the official status is for this. Some of the on-site grading has been done along with erosion control measures. Councilmember Grant asked Parks and Recreation Manager Olson for an update on grant applications specifically the Safe Routes to School and if there were any upcoming deadlines. Parks and Recreation Manager Michelle Olson stated that there is a deadline on November 13 for the ARRA Elmer L. Anderson Grant formerly known as Safe Routes to School DNR Grants. The City received notification from FEMA that the Clomar was approved which was a large obstacle for the overall environmental approvals. The other outstanding item for this is to hear back for Mn/DOT on a couple of design exceptions that were requested and this should not be a problem. The next step would be preparing to go out for bid. For the energy efficiency grant program, the City is still waiting for the grant application. Staff is also currently working on the Legacy Grant for CP Rail which is also due on November 13. Councilmember Grant clarified that Staff would be able to meet the deadlines. He asked that Staff include an update in the Admin Packet. Parks and Recreation Manager Olson stated that Staff does not see any issues and she would provide an update for the Council. Councilmember Grant stated that the Northstar line will start on November 14 for a trial run and the first service will be on November 16. The Northstar runs from Big Lake to Target Field. ADJOURN MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to adjourn. The motion carried unanimously (5-0). •tom"_ raMma.niTnT'^wn''m v•rw �m a.•vmwrwr r•wy`.a,y Kw.rVv w'y Wv Mayor Harpstea djourned the Regular City Council Meet' t 9.08 P.M. A F1� n a qT9 fead itoWald J. Moorse Mayor City Administrator .,h