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HomeMy WebLinkAbout08-31-09-RIts.- ---A EN HILLS Approved: December 21, 2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 31, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead; Council Members David Grant, Brenda Holden, Dave McClung and Fran Holmes. Also present: City Administrator Ronald Moorse; Finance Director Susan Iverson; Recreation Manager Michelle Olson; Civil Engineer Kristine Giga; Jim Tolaas, Ramsey County Public Works; Marc Goess, Mn/DOT; Nancy Hanzlik, Bonestroo Inc.; Jeff Hilden, Jacobs Engineering; Tom Parker, Jacobs Engineering; Chris Chromy, Bolton & Menk Inc.; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember McClung requested item 4C be pulled from the Consent Calendar. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to approve the agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL ARDEN HILLS CITY COUNCIL — August 31, 2009 2 A. TCAAP Update City Administrator Ronald Moors° stated that the City is in the process of scheduling a joint work session with the Ramsey County Board to discuss the reuse of the TCAAP property for parks and open space, and to discuss the County's interest in obtaining the land for parks and open space use. The City is also working with Kevin Legare, of the GSA, to develop a schedule of bi-weekly conference calls related to the GSA's planned public sale of the TCAAP property. A meeting with the MPCA to discuss issues related to the clean-up of the TCAAP property was held on Monday afternoon, August 31. Public Mayor Harpstead opened the public inquiries/informational at 7:06 p.m. Al Hi(gers, 1536 Briarknoll Drive, Arden Hills, expressed continued concerns about the noise levels in the Briarknoll neighborhood and the need for noise mitigation in this area. He asked the Council to consider alternatives to the noise mitigation beyond noise walls, which might include a reduction in speed in this area or restricting truck traffic. Srl*dh Ramaswamy, 1517 Briarknoll Drive, Arden Hills, stated that the Briarknoll neighborhood should be reevaluated for noise mitigation. He stated that even if a wall is not constructed then other means of mitigation could be considered to reduce the noise in this area. He stated that the Briarknoll neighborhood has been against this entire project from the beginning due to the noise impacts. Leonard Grudnoske, 4445 Highway 10, Arden Hills, suggested that the noise in this area could be reduced by having the road resurfaced with asphalt. Mayor Harpstead closed the public inquiries/information at 7:11 p.m. 3. APPROVAL OF MINUTES A. July 13, 2009 City Council Worksession Meeting Counciltnember Holmes stated that Mike Comodeca's name was spelled correctly on the first page of the minutes but misspelled throughout the rest of the document. Councilmember Holmes stated that on page 2, paragraph 6 the word "foset" should be "FOSET". AR -DEN HILLS CITY COUNCIL — August 31, 2009 3 Councilmember McClung stated that on page 2, paragraph 3, Mr. Comodeca was incorrectly identified as the City Attorney. This should be changed to Attorney Comodeca. Councilmember Holden stated that on page 5, paragraph 5 should be changed to read: Councilmember Holden felt the Army -GSA should take the lead, since they requested the meeting. B. July 13, 2009 Regular City Council Meeting C. August 10, 2009 City Council TCAAP Worksession Meeting Councilmember Holmes stated that on page 9, paragraph 5 should read: Councilmember Holmes responded that the McKnight Foundation's priorities also included protecting and restoring open space. She also suggested that Staff look at the legacy heritage information when pursuing planning grants. Councilmember Holden stated that on page 4, paragraph 2 should read: Finance Director Iverson distributed and reviewed the items within the handouts which were paid and outlined which were still being disputed, over budget and unpaid. Councilmember Holden stated that on page 7, paragraph 2 should read: Councilmember Holden explained that several other County Board members and three other members were more than happy to take the land and believe that this site could be made a priority. Councilmember Holden stated that on page 8, paragraph 4 should read: Mayor Harpstead directed Staff to come back to Council with affordable housing information. Councilmember Holden stated that on page 10, paragraph 7 should read: Councilmember Holden stated that she had contacted Mn/DOT but had not heard back and asked that Community Development Director Lehnhoff contact them. Mayor Harpstead stated on page 6, paragraph 1 should read: Mayor Harpstead indicated that the PDA payments were asked about at a closed session meeting and that Council understood that this was not a problem. The subject at the closed session meeting was to ask the status of the PDA payments not to say that there was no problem with them. Councilmember Grant suggested that the minutes be changed to reflect when City Attorney Filla is absent in the absent area of the minutes. ARDEN HILLS CITY COUNCIL — August 31, 2009 4 MOTION: Councilmember Holden moved and Mayor Harpstead seconded a motion to approve the July 13, 2009 City Council Worksession Meeting Minutes as amended, the July 13, 2009 Regular City Council Meeting Minutes as presented and the August 10, 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 Payment #5 to Frattalone Companies, Inc., of Little Canada, Minnesota, in the Amount of $105,190.90 for the 2009 Pavement Management Program � yr V a a ri /a�„i �/r i �i V ) L d �J rVl Vi 1 i d 1 i V, Vri 1 ii 1 d i d ENV d V 1 iiJ 1 a/ , �/ ■ V i- V 1 i 11 d �/ V 11 Vl rr d YV ZTSo tizi D. Motion to Approve the Investment Policy as Presented and Recommended by the Financial Planning and Analysis Committee E. Motion to Approve Amendment #2 to the Original Kimley-Horn Contract to Complete an Application for the Mn/DOT Metro Municipal Agreement Solicitation in an Amount Not to Exceed $5,850 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 (4- i ; Councilmember Holden). 5, PULLED CONSENT ITEMS A. Motion to Approve Budget Amendments to the 2009 Budget in the Public Safety Department, an Increase of $11,348 for Fire Contracts and a $44,000 Increase to Contracted Policing Finance Director Susan Iverson stated during the 2009 budget process, the Council did not support the Assistant Fire Chief position in the Lake Johanna Fire Department budget. As a result, the City did not budget for this position. Subsequently, it was decided by the fire board to leave this amount in the budget and it has become part of the City"s contract amount for 2009. A budget amendment will be needed to increase the Fire contract line item by $13,348. Also during the 2009 budget process, the $44,000 revenue in Police Aid was double counted in the final budget. It was correctly recorded in the Intergovernmental ARDEN HILLS CITY COUNCIL — August 31, 2009 5 Revenues, but was also found to be "netted" against expenditures, resulting in the Contract Policing line item being $44,000 to low. A budget amendment is needed to increase the Contract Policing line item by $44,000. Councilmember McClung asked for clarification regarding the requested amendment for the police contract. Finance Director Iverson stated that the contracted amount did not change but when it was recorded in the budget it was not caught that the amount that was provided in the expense category had also been netted with the revenue that would be received and the revenue amount was also included in the revenue. Subsequently it was picked up incorrectly when it was put in the budget. Councilmember McClung stated that he had concerns with the fire contract. He stated that last year the City had voted not to support the Assistant Fire Chief position because the City did not have a good view of what the responsibilities would be for this position and there was no additional information regarding a staffing study that the department was looking at regarding their future staffing. He clarified that even though the position was not supported by the Council it was still included in the contract amount because the Fire Board had voted in favor of the position. He stated that the position has not been filled yet. The City is being billed for a position that is not filled. He stated that his concern is that at the end of the year when the fire department has a salary savings for this position the savings does not come back to the City or roll over to the next year but rather the overage is rolled over to the general fund. The City does not have any control over the general fund and he can not support this. He stated that the department should have the same budgeting responsibilities as any other department within the City. Councilmember Holden stated that the fire department has not filled the position yet the City is being required to pay for six months salary when there is only four months remaining in the year. She expressed concerns about the City paying for services that they are not receiving. Mayor Harpstead suggested that the motion be split into two different motions. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Approve Budget Amendment to the 2009 Budget in the Public Safety Department an Increase of $44,000 to Contracted Policing. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL — August 31, 2009 { MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to Approve Budget Amendment to the 2009 Budget in the Public Safety Department an increase of $13,348 for Fire Contracts. Councilmember Grant asked if the City was paying based on this position being there. Finance Director Iverson clarified that the City had already been charged for it and already paid for it because it was part of the contract amount for 2009. Councilmember McClung asked what happens at the end of the year if the position is not filled until the beginning of 2010. Finance Director Iverson stated that she had discussed this with the Finance Director from Shoreview. She had stated that they used to adjust to actual costs but this was discontinued about ten years ago. Currently what happens is the overage is rolled over to the general fund or to another line item if the department was over budget in another area. Councilmember McClung clarified that the overage was arbitrarily shifted around without input from the City. Finance Director Iverson stated that this was correct. Councilmember Holden clarified that there are years that the fire department does spend more than the contracted amount and they do not come back to the City for additional funds. Mayor Harpstead stated that this information is provided to the City in an audited report every year. Councilmember McClung stated that any other department within the City would need to request additional funds from the City if they were over budget. Finance Director Iverson stated that this was correct. Mayor Harpstead clarified that the fire department was a separate legal contract that the City has. Within this contract, responsibility is endowed in a Board and the City of Arden Hills has one member out of seven. The contract is explicit that the shares of the fire department's expenses are divided according to a prearranged, agreed upon, formula. At the beginning of the year when the budget is agreed to, the City is contractually obligated to fulfill the City's portion. ARDEN HILLS CITY COUNCIL — August 31, 2009 7 Councilmember Grant clarified that if the City does not pass this amendment then the City would be over budget for this item at the end of the year. The amount that the City is going to pay is not going to change. Finance Director Iverson stated that this was correct. Councilmember Holden asked how often the City is billed by the fire department. Finance Director Iverson stated tat the City receives bills in January and July. The motion was called to a vote. The motion passed (4-1; Councilmember McClung). 6, PUBLIC HEARINGS A. Public Hearing to Consider a Noise Wall 1300 Feet in Length Along the North Side of County State Aid Highway 96 Between Interstate 35W and US Highway 10 Civil Engineer Kristine Giga stated that Ramsey County is developing plans to reconstruct the intersection of County Highway 96 (CSAH 96) and US Highway 10 (TH 10). As part of the process and in accordance with State and Federal Environmental rules, the County has evaluated a number of issues along the corridor. One of the issues analyzed was highway noise. The noise analysis has indicated that highway noise in the northwest quadrant of the intersection has been deemed reasonable, warranted of as cost effective. A noise wall was evaluated at this location as a potential means for mitigating the noise levels. The analysis concluded that a noise wall in this area would meet the cost reasonableness criteria. She provided maps that outlined the proposed noise wall location along with the approximate shadows these walls would create. Prior to concluding the noise mitigation process and pursuant to State and Federal rules, Ramsey County needs to verify that the majority of the property owners adjacent to the noise wall support its construction. The consultant that is designing this project will present the findings of the environmental study relating to noise impacts of the project and discuss Mn/DOT policy. Mr. Jeff Hilden, Jacobs Engineering, presented information regarding the environmental review, noise characteristics, and decibel levels of common noise sources, the noise modeling that was used and the results from'this modeling. He also reviewed the State and Federal guidelines for noise and the mitigation assessment for the areas involved. ARDEN HILLS CITY COUNCIL — August 31, 2009 8 Councilmember Holden clarified that the City could not have some of the walls put up and not others. Mr. Hilden stated that this was correct. This would alter the effectiveness and the reasonability would need to be reevaluated. Mayor Harpstead asked who would be responsible for maintenance with the noise walls. Mr. Jim Tolaas, Ramsey County Public Works, stated that the walls would be constructed and maintained by the County. Councilmernber Holden stated that at the open house there had been some discussions about putting up a privacy fence. Mr. Tolaas stated that if privacy were the issue then the County would consider constructing and maintaining a six foot privacy fence. Mayor Harpstead opened the public hearing at 7:44 p.m. Ms. Chris Lustig, 1901 Todd Drive, Arden Manor Residents Association, stated that 37 homes had been identified as being impacted by the construction of noise walls. Of these homes 24 had been contacted regarding their input on the walls. The results were: 1 person was opposed to any walls, 4 have no preference and are not opposed to a sound wall, 5 wanted a ten foot wall, 13 wanted a twenty foot wall, and 1 person wants a wail and does not care about the size. Ms. Julie Firkus, 4277 Colleen Circle, Arden Hills, stated that the Briarknoll neighborhood experiences significant noise and should be addressed better. Mayor Harpstead asked if the respondents from Arden Manor who said they would prefer a twenty foot noise wall, would be happy with a ten foot noise wall. Ms., Lustig stated that this had not been asked. Mayor Harpstead asked if any of the Arden Manor residents that had been contacted had concerns about the shadows created by a twenty foot noise wall. Ms. Lustig stated that a couple of residents had asked about this but no concerns had been expressed. ARDEN HILLS CITY COUNCIL — August 31, 2009 9 Mr. Brian Lockwood, 1575 Briarlrnoll Drive, Arden Hills, asked for further clarification regarding the noise levels on Highway 10 and the expected increase in this area. Councilmember Hoiden asked what the surface overlay for Highway 10 would be and if this would reduce noise in the Briarknoll neighborhood. Mr. Marc Goess, Mn/DOT, stated that the overlay for Highway 10 was bituminous and expected to be done in 2011 at the same time the intersection and grade separation was done. He also stated that any new surface would start at I35W and end at I694. Councilmember Grant clarified that this overlay was funded and part of the project for 2011. Mr. Goess stated that the overlay was separate in the fact that Mn/DOT was doing the overlay but would be done in conjunction with the County's project in this location. Councilmember Grant asked if the overlay would definitely be done in 2011. Mr. Goess stated that at this time it is expected to be done in 2011. Mr. Ramaswamy asked why there were no noise measurements on the east side of Highway 10 and South of County Road 96. He requested to see the data from the noise study that was performed. Councilmember Holden stated that this area was part of the I694 noise study. Mr. Ramaswamy stated that this data is relevant to this construction project. Mayor Harpstead stated that there is set criteria that is used to determine the limits of the noise analysis. Mr. Ramaswamy asked if the sound projections were based on the bituminous overlay that would be installed in 2011. 1% Mr. Hilden stated that the noise from Highway 10 was analyzed and it did not meet the reasonableness criteria and this was related to the required design of the wall. Mayor Harpstead clarified that the noise benefit would be there but the cost effectiveness was not reasonable. -ARDEN HILLS CITY COUNCIL — August 31, 2009 10 Mr. Hilden stated that a wall in this area would have been less of a change because of the location of the homes along with the cost reasonableness. Mayor Harpstead asked if the modeling was done with the existing surface or with a bituminous surface. Mr. Hilden stated that it was modeled based on a standard Mn/DOT noise emission baseline so neither surface was taken into account. He will get back to the Council regarding whether this would be comparable to a new or existing road. Councilmember Grant stated that it has been the 'Idea that a bituminous overlay on Highway 10 would reduce the noise. He asked if this would be true and if so homer much the noise level would be reduced. Mr. Hilden stated that a new surface would appear to have less noise than an older one. Mayor Harpstead stated that it had been asked why there had been no sites on the east side of TH 10 and south of County Road 96 used in the study. Mr. Hilden stated that the Noise Area Classification was used and this involves the sensitive receptors within the bounds of the project. The area that has more commercial or retail would not have as many sensitive receptors and the acceptable noise levels in this area would be higher. Mayor Harpstead closed the public hearing at 7:58 p.m. Mayor Harpstead asked for guidance when the resolution would be on the agenda for the Council. Civil Engineer Giga stated that Staff wanted to get feedback from the public hearing and from the Council on how they would like Staff to propose the resolution. It could be brought to the Council at the September 14, 2009 meeting. Mayor Harpstead stated that Staff had been asked to bring forward information regarding the impacts to the Briarknoll neighborhood. Civil Engineer Giga stated that Mr. Chromy was in the neighborhood today and will be providing feedback regarding this. ARDEN HILLS CITY COUNCIL — August 31, 2009 11 Mayor Harpstead stated that the Council was 'Intending to meet in the neighborhood again to discuss the subject as well. Civil Engineer Giga stated that Staff was currently working on setting up a date for this. Councilmember Holden asked if this would include the Norma area. Civil Engineer Giga stated that currently it is just the Briarknoll area but based on eVICI the information from Mr. Chromy this may change. Councilmember Grant requested that Norma Circle be included. Councilmember Holden asked what the difference is to the sound mitigation on. the ten foot wall versus the twenty foot wall. Mr. Hilden stated that the ten foot wall has an average reduction of 7.1 dBA which impacts 16 residents and the twenty foot wall has an average reduction of 11.5 dBA which impacts 35 residents. Mayor Harpstead asked what the distance between the noise walls and the closest residence. Mr. Tolaas stated that this was about 35 feet. Mayor Harpstead re -opened the public hearing, Mr. Rick Sorenson, 4605 Prior Avenue, Arden Hills, stated that the sound walls would enhance the quality of life for the home owners in Arden Manor as it relates to safety and welfare. Ms. Kristy Effinger, 1969 Banyon Street, Arden Hills, stated based on the information that the City had provided there would be two rows of homes impacted. Out of these homes, 13 residents have stated that they would like to see a twenty foot sound wall. A ten foot sound wall would only affect one row of homes and there are a significant number of homes in the second row that would like to have sound abatement. Mayor Harpstead re -closed the public hearing at 8:06 p.m. ARDEN HILLS CITY COUNCIL — August 31, 2009 12 7* NEW BUSINESS None. 89 UNFINISHED BUSINESS None. 9. COUNCIL COMMENTS AND REQUESTS Councilmember Grant stated that the Sump Pump Inspection report shows how many units did not pass each week and how many have been corrected but it does not show if any of those units that have not been corrected were over the sixty days that the City allowed. He requested that the report reflect this information in the future. Councilmember Holden asked if there was a plan for handling those units that have not complied within the sixty days. Councilmember Holden asked if the situation in Mr. Nelson's backyard and the trail would be coming before the Council soon. She also asked if the stop sign policy would be coming to the Council. City Administrator Moorse stated that both items would be before the Council in September. Councilmember Holden asked how it was going with meeting with the other jurisdictions regarding Valentine Park. Civil Engineer Giga stated that a meeting date had not been set yet. She stated she was following up with Rice Creek Water Shed to get this set up. Councilmember Holden asked where the City was with the manhole bids. Mayor Harpstead stated that this could be updated in the Admin Update since the Public Works Director was not at the meeting. Councilmember Holden asked if the Army/GSA were working on the public sale process. City Administrator Moorse stated that there has not been much done in this area. ARISEN HILLS CITY COUNCIL — August 31, 2009 13 Councilmember Holden stated that she had received an e-mail from Mrs. Fullerton on Eide Lane and it was stated that she had gotten a letter from Mn/DOT but had not heard anything after this. She asked if the City would have a resolution, who was following up with this situation and what was the City going to do. Mayor Harpstead clarified that this was related to the turn around in the driveway. City Administrator Moorse stated that the letter from Mn/DOT had indicated that Mn/DOT was working on the situation and it would be four -six weeks before this particular situation could be addressed. Staff will be following up on this during that time line. Councilmember Holden asked why Mn/DOT was involved considering it was a County road and a City street. Civil Engineer Giga stated that the message was forwarded to Mn/DOT because they have jurisdiction over the signage located on the on and off ramps. Councilmember Holden stated that the City does not want people fuming into Eide Circle. Civil Engineer Giga stated that the request to Mn/DOT was for them to review their signage to see if they needed to make changes to their signs in order to improve this. Councilmember Holden asked if there was anything the City could do in the interim period. Civil Engineer Giga stated that the City was not looking at anything at this time. Mr. Chris Chromy, Bolton & Menk Inc., stated that he had briefly reviewed this issue and did see some problems. There is currently a "No Outlet" sign on the street that could be moved closer to Hamline Avenue so that it is more visible. Councilmember Holden asked if the City could move the sign forward. Mayor Harpstead stated that this would be directed to Public Works to see if they could move the sign. Councilmember Holden stated that she had requested Public Works Director Hoag find out how many times the speed cart had been in Arden Hills. She requested this information again along with a schedule. ARISEN HILLS CITY COUNCIL — August 31, 2009 14 Councilmember Holden asked if the City had an ordinance that referenced "Free" items at the end of people's driveways. She asked if there was a limit on how long these items could remain in the yard or at the end of the driveway. Councilmember Holmes stated that according to the Council's schedules the meeting with the County Board could be held on September 29. This appeared to be the best date with only one Councilmember unable to attend. She asked Councilmember Holden if it would be appropriate to schedule this meeting even though she would be unable to attend and if so then have City Administrator Moorse schedule this meeting. Councilmember Holden stated that this would be acceptable. Councilmember Holmes requested that at a work session the Council discuss in greater detail the meeting that was held with MPCA today. Mayor Harpstead stated that notes would be summarized and distributed to the Council. Councilmember Holden stated that Consent Calendar item 4E was a motion to approve an amendment for the Kimley-Horn contract. She stated that if the City does decide to do a sidewalk over County Road E there would need to be several improvements. She asked what the cost of all this would be. Civil Engineer Giga stated that Kimley-Horn is currently working on this. They estimate that the cost for the project as described in the memo would be less than the $5501,000 amount that the agreement will provide. Amore detailed estimate will be provided to the Council as soon as it is available. Mayor Harpstead stated that this would include the expansion joint, overlay and new railing. The total amount would be still fit within the $550,000. The added project would enhance the overall application because it is a reconstruction element. Councilmember Grant stated that about two weeks ago he had asked the Public Works Director to find out how the City was doing on their I&I. He asked if this information was available yet. Civil Engineer Giga stated that the flow data was requested from Met Council but had not been received yet. She did not know when this information would be available but would find out and forward this information to the council as soon as possible. -ARDEN HILLS CITY COUNCIL — August 31, 2009 15 City Administrator Moorse stated that the Briarknoll neighborhood meeting could be held on September 28 at 5:00 p.m. Mr. Chromy has a conflict and could not meet any later on this date. The meeting would be in regards a potential berm for this area. Mayor Harpstead stated that this would be acceptable. Councilmember Holden clarified that the location of the meeting would be in the Briarknoll neighborhood. She asked what the purpose of the meeting was. City Administrator Moorse stated that this would be an opportunity for the Council to provide information to the residents of the neighborhood that there is an option of creating a berm in this area. The City would be able to show residents where this could be created and answer questions for them. Mayor Harpstead clarified that this would not be a mandatory meeting but it should be posted because there may be a majority of the Council present. City Administrator Moorse stated that there is a park and ride for the State Fair located at Trinity Lutheran Church. There is an adjacent road that has a temporary "No Parking" sign on part of the street. A person that lives on Gerald Street contacted the City complaining about the additional traffic and parking on this road. This street is different than the street with the "no Parking" sign because it is wider and emergency vehicles are able to get down the street even with vehicles parked on the side. Councilmember Holden stated that the purpose for putting up the "No Parking" sign in the first place had to do with the mail delivery. People were not able to have their mail delivered due to additional parked cars during the State Fair. City Administrator Moorse stated that this issue was not brought to the City's attention due to mail delivery problems or other safety related issues. Mayor Harpstead stated that the City should verify that the mail is able to be delivered in this area and if it is impacted then the City will have to look into it. ADJOURN MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to adjourn. The motion carried unanimously (5-0). -ARDEN HILLS CITY COUNCIL — August 31, 2009 16 t Mayor arpstead adjo ed the Regular City C ncil Me 8 3 P.M. S' fap.f`:warps. ,ad Ronald J. Woorse te/ Mayor City Administrator