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HomeMy WebLinkAbout04-26-10-R EN HILLS, Approved: May 24, 2010 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 26, 2010 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Pro-Tem Fran Holmes called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Pro-Tem Fran Holmes, Council Members David Grant, Brenda Holden(7:11 p.m.), and David McClung Absent: Mayor Harpstead(excused). Also present: Acting City Administrator/Finance Director Susan Iverson; City Attorney Jerry Filla; City Planner Meagan Beekman; Public Works Director Greg Hoag; Community Development Director James Lehnhoff; Parks and Recreation Manager Michelle Olson; Civil Engineer Kristine Giga; Jim Knutson, Minnesota Government Finance Officers Association; Diane Hankee, WSB & Associates; Mike O'Rourke, U.S. Bank representing the Reiling Estate; Steve Trueman, representing Clearwire Wireless, LLC; and Recording Secretary Tina Borg PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Pro-Tem Holmes welcomed Boy Scout Troop 200 to the meeting. Councilmember Grant requested Item 7E, Item 7F, and Item 7G be moved to the Consent Calendar as Item 4H, Item 4I, and Item 4J. Councilmember McClung requested Item 4G be pulled from the Consent Calendar and moved to Item 5A. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (3-0). ARDEN HILLS CITY COUNCIL—April 26, 2010 2 2. PUBLIC INQUIRIES/INFORMATIONAL A. Presentation of GFOA Award Mr. Jim Knutson, Minnesota Government Finance Officers Association, presented Finance Director Sue Iverson with the Distinguished Budget Presentation Award, Certificate of Achievement with Excellence in Financial Reporting, and Certificate of Achievement in Annual Financial. This is the first time Arden Hills had been honored with the Distinguished Budget Award. Only ninety-three other cities in Minnesota have received the financial reporting award. Nineteen cities in Minnesota have received the Distinguished Budget Presentation Award. Only three cities in the state of Minnesota have been awarded with all three awards: Eden Prairie, Bloomington and now Arden Hills. B. TCAAP Update Community Development Director Lehnhoff stated a conference call was held with Kevin Legare at the GSA on April 13. Mr. Legare stated they were continuing to work on the Invitation for Bid (IFB) for the public auction. The GSA is now considering a process whereby the remediated portions of the property that exceed the Army's negotiated industrial standard would be transferred to the owner after a successful bid. However, the portions that require remediation to the industrial level would not be transferred until the remediation is complete. The purchaser would also be required to provide a financial surety for the estimated cost of the remediation plus an additional percentage to ensure that the remediation is complete. The GSA noted that this process has not been finalized. Mr. Legare indicated that the City would be given an opportunity to review the IFB prior to its official release. The second bidders conference is still anticipated to occur the last week in May with the auction the last week in June. The County is close to securing a commitment from the Army to have the requested land transferred to the County at no cost. The actual land transfer would not take place prior to the public auction, but the requested land would not be included in the public auction. The TCAAP Multi jurisdictional meeting was held on April 14 at City Hall. A similar community meeting was held at the Public Works building on April 20. The presentation is available on the City's website and the April 14 meeting is also being rebroadcast on CTV. The Economic Development Commission continued their review of the draft TCAAP zoning regulations at their April 21 meeting. The PTRC will be reviewing the draft regulations at their April 27 meeting. C. City Administrator Update Acting City Administrator Sue Iverson stated the City Council has chosen Patrick Klaers to negotiate with for the position of City Administrator. On April 23, the City Attorney and the Personnel Committee held successful negotiations with Mr. Klaers. Pending City Council approval later in the meeting, Mr. Klaers will begin as City Administrator on May 3, 2010. D. Approval of Resolution No. 2010-021 Recognizing National Public Works Week: May 16-22, 2010 Public Works Director Greg Hoag stated National Public Works Week is May 16 to May 22. This is an opportunity to recognize the services provided by our Public Works Department in protecting and repairing our public works systems such as water, sanitary sewer, storm sewer, ARDEN HILLS CITY COUNCIL—April 26, 2010 3 2.D. Approval of Resolution No. 2010-021 Recognizing National Public Works Week: May 16- 22, 2010 (continued) park, and public buildings on a routine basis. The daily services and actions provided by the Arden Hills Public Works Department help to enhance and protect the health, safety, comfort, and quality of life experienced by our residents. MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to Approve Resolution No. 2010-021: A Resolution Recognizing National Public Works Week: May 16-22, 2010. The motion carried unanimously (4-0) PUBLIC Mayor Pro-Tem Holmes opened the Public Inquiries/Informational at 7:13 p.m. Ms. Melinda Peloquin, 1645 Valentine Avenue, Arden Hills, stated she does not agree with her property being assessed as two lots for the 2010 Pavement Management Program and requests the Council to reconsider this. She also invited the Council to view her property because she does not believe it could be divided into two lots. Steve Gjerdingen, 2553 Fisk Street, Roseville, presented the Council with an option to review concerning the pedestrian crossing and the Interstate 694 project. Councilmember Holden asked if Mr. Gj erdingen knew who owned the land that their proposed crossing was on. Gene Gjerdingen, 2553 Fisk Street, Roseville, stated he did not know this at this time. He clarified that with the moving of Highway 51 he thought there would be land available that the City or MN DOT already owned. Councilmember Grant asked how pedestrians would get from the east side of the highway to Bethel University which is located on the west side. Mr. Steve Gjerdingen stated a bridge or tunnel would need to be built to connect Bethel University to the system. Bethel could build a bridge across Highway 51. Mayor Pro-Tem Holmes stated Staff would review this proposal and she recommended that this proposal also be brought to the attention of Mn/DOT and Ramsey County. Mr. Scott Scheunemann, 4075 Valentine Crest Road, Arden Hills, stated concerns about the PMP project on Valentine Crest Road. He stated he felt Valentine Crest Road was only being done as a part of this project because Valentine Avenue was being reconstructed. He stated that he had a meeting scheduled with Senator Chaudhary regarding this project. This meeting was supposed to take place today but Senator Chaudhary needed to cancel unexpectedly. The residents on Valentine Crest Road are against the reconstruction of their street. There have only been two people with drainage problems and these residents do not see a reconstruction of the road as ARDEN HILLS CITY COUNCIL—April 26, 2010 4 2. Public Inquiries (continued) solving their problems or being necessary at this time. In this economy it is not beneficial to do this type of project. The residents would be supportive of a mill and overlay on Valentine Crest Road similar to what is proposed for Janet Court but they do not support a reconstruction of the road. Ms. Kathy Scheunemann, 4075 Valentine Crest Road, Arden Hills, stated Senator Chaudhary is interested in this project and the fact that the City is not listening to the residents. She asked what alternatives there were to having the street reconstructed at this time. Katie Lane looks to be in worse condition but there is only a mill and overlay scheduled for this street but Valentine Crest is scheduled to be completely reconstructed. She asked the Council to provide assurance that this project would not create new problems such as drainage in areas that do not have problems at this time. She also stated that her neighbor Ms. Ferguson has e-mailed the City but not gotten a response regarding her concerns and this is shameful. Mr. Don Krieger, 4104 Valentine Crest Road, Arden Hills, asked the Council how they expected residents to pay for this assessment. Finance Director Iverson explained the Assessment Policy that the City had and the payment options that were outlined in this policy. - Mr. Krieger stated he is on a fixed income and this type of assessment would be a hardship for him at this time. Mr. John Albert, 4090 Valentine Crest Road, Arden Hills, asked if the City Council members had been on Valentine Avenue and Valentine Crest Road and if they thought a complete reconstruction of this road was necessary. Mayor Pro-Tem Holmes explained the Council members had been on these roads but it was not for the Council to determine the need for repairs on these roads. This was something determined by the consultants the City had hired. She clarified this was not a public hearing at this time and the Council would be voting on this matter later in the meeting. Mayor Pro Tem Holmes closed the Public Inquiries/Informational at 7:31 p.m. 3. APPROVAL OF MINUTES None. 4. CONSENT CALENDAR A. Claims and Payroll B. 2011 Budget Calendar C. Ordinance 2010-008 Amending the City's Flood Plain Regulations D. Planning Case 09-022 for a Variance at 1563 Edgewater Avenue E. Elmer L. Anderson Memorial Trail Connection Payment#1 ARDEN HILLS CITY COUNCIL—April 26, 2010 S 4. Consent Calendar (continued) F. Cummings Irrigation Project Payment Authorization H. Public Works Superintendent Job Description and Authorization to Advertise the Position I. Springbrook Financial Software Upgrade J. City Administrator Contract MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 5. PULLED CONSENT ITEMS A. 2010 Engineering Work Plan—Hiring a Part-Time Civil Engineer Acting City Administrator Iverson stated at the February 8 City Council work session the Roseville Engineering Staff presented a summary of work completed in 2009 as a part of the Joint Powers Agreement for Engineering Services. There was also discussion about the 2010 work plan. She provided the Council with a summary of engineering hours provided by Roseville over the course of the JPA as well as an estimate of hours required to complete the 2010 work plan. At p this meeting, the Council and Staff had additional discussion surrounding Roseville's capacity and the hours identified in the 2010 work plan. At that meeting Roseville recommended that a consultant be hired to complete the work included on the 2010 Work Plan and push some of the 2010 Work Plan items to the end of the year or into 2011. The City expressed ressed concern P about hiring a consultant and pushing off work until 2011. Council requested that Staff look further into expanding the Joint Powers Agreement to enable Roseville to hire a staff person to complete the work on the 2010 work plan. The Roseville City Attorney agreed eed that this � request could be made under the terms of the existing JPA and recommends that the extension of the agreement should be clarified through a letter from the City of Arden Hills requesting that q g Roseville hire an additional employee to cover a minimum number of additional hours. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to Authorize the City Administrator to Write a Letter to the Cit of Roseville Requesting to Hire a Part-Time Civil EnLyineer to Assist with the Completion of the 2010 Engineering Work Plan. Councilmember McClung stated he would not vote in favor of this item because the City will have an increased need for engineering services in the future with the development of TCAAP. If the City is already experiencing a shortage of engineering services then it may be time the City y does a full analysis to determine if they should hire their own full-time civil engineer. He also stated he would like to see further analysis in this direction before supporting a motion to request having Roseville hire a part-time person. Councilmember Grant stated the TCAAP development will take a few ears to et going and the y g g g City has additional engineering needs at this time. He does not want to delay projects current 'ects ARDEN HILLS CITY COUNCIL—April 26, 2010 6 S.A. 2010 Engineering Work Plan—Hiring a Part-Time Civil Engineer (continued) while the City does a full analysis at this time. Since the TCAAP development will be a few years he suggested the City look into hiring a civil engineer at that time. Councilmember Holden stated she agreed with Councilmember Grant. The City's Joint Powers Agreement with Roseville has been a great benefit to the City. The City has access to several different levels of engineers depending on their needs and this provides the City with flexibility that they may not otherwise have. Councilmember McClung stated the proper analysis was not done to show that requesting Roseville to hire a part-time civil engineer would be cost effective, compared to the City of Arden Hills hiring their own civil engineer. He stated he would like to see this analysis before making a decision. Councilmember Holden stated this would mean the City should hire their own fire department, police department, and other services they are currently contracting for. She stated the City is currently able to get better services for the residents by contracting with other cities than it would if they provided these services themselves. She stated the part-time person is being requested for a term of eighteen months. She encouraged Councilmember McClung to do the analysis he is requesting over the next few months so that the City could make a decision to hire a full-time civil engineer when that contract is fulfilled. Councilmember McClung stated he would have liked to have had this information prior to voting. Councilmember Grant stated through the Joint Powers Agreement the City of Roseville has done a great job for the City of Arden Hills. Councilmember McClung stated he is not suggesting that Roseville has not done a good job for Arden Hills. He is stating there is a capacity issue that should be further analyzed. The motion was called to a vote. The motion carried (3-1) Ayes: Mayor Pro Tem Holmes, Councilmembers Holden, and Grant Nays: Councilmember McClung 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Municipal State Aid Update ARDEN HILLS CITY COUNCIL—April 26, 2010 7 7.A. Municipal State Aid Update (continued) Civil Engineer Kristine Giga stated on April 15, 2010, Staff provided the City Council a memorandum summarizing a meeting held with Mn/DOT State Aid staff on April 8. The City Council had follow up questions regarding the payback to State Aid if a segment of North Snelling Avenue is removed from the system. If a part or all of a state-aid route is revoked for which state-aid construction money has been spent, the district state-aid engineer shall determine the remaining life of the project and compute the value of the items that were financed with state- aid money. In the case of North Snelling Avenue, this length in 0.09 miles, and the remaining life .is 6 years. If the segment were removed from the system in 2010, there would be a one-time payback of$10,545.56. If the segment were removed in a future year, the amount of the payback will decrease, because the remaining life has decreased. The payback would be subtracted from the next state-aid reimbursement requested by the City. The payback would not be reduced from the next annual allocation. Staff is requesting Council to provide direction to Staff on how to proceed with revisions to the City's Municipal State Aid street designations. Councilmember Grant asked Civil Engineer Giga to clarify what roads would be added back into the MSA system. Civil Engineer Giga stated McClung Drive and Colleen Avenue are one street but the name changes about a third of the way and the other segment would be to realign the non-existing road and would cover part of Gateway Road and extend over to the existing Parkshore Drive. Councilmember Grant asked what the designated length of road is before and after the changes. Civil Engineer Giga stated currently the City is at 6.17 miles, which is the maximum allowable, and after the revision the designated length would be 6.15 miles. Councilmember Grant asked if the State Aid staff had indicated any concerns with designating � g three routes that connect the same road segments. Civil Engineer Giga stated there had been no concerns expressed in this area because it is a larger neighborhood. Councilmember Grant clarified the City has adequate MSA eligible roads for the future. He asked if there was a disadvantage to designating longer segments with more mileage. Civil Engineer Giga stated the City would not be able to designate more than the maximum allowed. The City would need to look at un-designating some roads in order to add longer segments. When TCAAP is developed the City will gain additional mileage that can be designated to the MSA system. Cities are not allowed to designate more than the maximum allowable mileage for MSA. Councilmember Holden stated she would be interested in making these changes later rather than sooner. Making the change at this time would cost the City in excess of $10,000. She recommended leaving the designations as they are at this time and bring this item back to the Council at a future date. ARDEN HILLS CITY COUNCIL—April 26, 2010 8 7.A. Municipal State Aid Update (continued) Mayor Pro-Tem Holmes stated Valentine Avenue could not be kept as an MSA designated road because the City was not reconstructing it to those standards. With this change the City would need to identify other road segments to designate. She asked when this needed to be completed by. Civil Engineer Giga stated the change does not need to happen right away. State Aid would expect the change to happen but does not require the change to happen right away. Mayor Pro-Tem Holmes stated asked if the City could wait to make the change until 2016 when there would be no charge to the City. Mayor Pro-Tem Holmes stated it was the consensus of Council to direct Staff to wait to make changes to the MSA system road designations and bring this item back to the Council at a future date. B. Adopt Resolution 2010-023; Awarding Bid for the 2010 Pavement Management Program Civil Engineer Giga stated on March 8, 2010, the City Council approved the plans and specifications for the 2010 Pavement Management Program and ordered advertisement for bids. Bids were solicited during March and early April. Based on the bids received, Staff recommends awarding the project. Based on past practice, the City Council has awarded the contract to the lowest responsible bidder. In the case if the 2010 PMP, the lowest bidder is T.A. Schifsky & Sons, Inc., of North Saint Paul, MN. Their bid of$779,799.67 is 13% lower than the Engineer's construction estimate of $897,545. To establish a total project cost for the improvements, engineering and overhead costs need to be included. The non-assessable items include 20% for engineering fees. The assessable portion, the street improvements, includes a 37% overhead, which includes engineering and other administrative overhead costs as defined in the Assessment Policy. The City's portion of the project costs are currently budgeted in the General Capital Fund and Utility Enterprise Funds. The water main and sanitary sewer improvements identified in the feasibility report have a greater estimated cost than what was included in the budget. The City will also need to utilize more funds from the PIR for the roadway improvements, since State Aid funds will not be used on this project. The estimated assessment amount would be $8,268 for the reconstruction project on Valentine Avenue, Valentine Court and Valentine Crest Road and $1,721 for the mill and overlay project on Janet Court, Katie Lane and Katie Court. She reviewed the correspondence Staff has received from residents regarding their concerns about this project. Councilmember Holden stated asked Civil Engineer Giga to explain the difference in the road ratings, especially those for Katie Lane, Janet Court, and Valentine Crest Road. Civil Engineer Giga stated one of things that are looked at in the rating is if there is a sub-grade built up under the road. For those roads such as Valentine Crest Road that were built in the 1960's the sub-grade is inadequate compared to today's standards. The typical life of a road with an adequate sub-grade is to have a mill and overlay done after twenty years, which is the case with Katie Lane. ARDEN HILLS CITY COUNCIL—April 26, 2010 9 7.B. Adopt Resolution 2010-023: Awarding Bid for the 2010 Pavement Management Program (continued) Councilmember Grant asked if the contract was bid so that segments of the project could be removed without affecting the price of the bid or if the projects could be awarded separately. Ms. Diane Hankee, WSB & Associates, clarified the contract was bid so that segments could be removed without affecting the per unit price for the other segments. The project was not bid with a set price per segment but rather with set prices per product unit. The overall price of the project would need to be recalculated if a segment was removed from the scope. Mayor Pro-Tem Holmes asked Ms. Hankee if the ratings provided for Janet Court, Katie Lane and Valentine Crest Road were accurate ratings. Ms. Hankee clarified the pavement ratings had been supplied by the City and were accurate according to the City. Councilmember Holden asked what the difference was between the boring readings for A4 on Valentine Crest Road and A5 on Janet Court. Ms. Hankee stated the big difference was the amount of sub-grade found at the site. At the A4 boring site on Valentine Crest Road the sub-grade was 5" and at the A5 boring the sub-grade was 10" Councilmember Holden asked if a mill and overlay could be done on Valentine Crest Road. Ms. Hankee stated this could be done but in terms of the life of the road it would not increase the life. The last mill and overlay was done in 1991 on Valentine Crest Road. On City streets it is not typical to have multiple mill and overlays, especially without curb and gutters. Councilmember Holden asked if another mill and overlay would last another 20 years on this road since there was not much traffic on this road. Ms. Hankee stated the first mill and overlay is typically done in the first 20 years of the life of a road. With a mill and overlay you hope to get an additional 20 years of life from the road. This is based on the soils that are below the road or the sub-grade and the drainage. There are drainage problems on Valentine Crest Road currently and this leads to cracking. This makes it difficult to determine the life expectancy of the road. She also stated that adding another lift or layer with a mill and overlay may cause drainage problems in other areas. Councilmember Holden asked when Valentine Crest Road was constructed originally and how many homes were located on this road. Ms. Hankee clarified this road was constructed 47 years ago. Civil Engineer Giga stated there are twelve homes on this road. AR-DEN HILLS CITY COUNCIL—April 26, 2010 10 7.B. Adopt Resolution 2010-023: Awarding Bid for the 2010 Pavement Management Program (continued) Councilmember Holden clarified this was not a heavily traveled road and this could have had an impact on the last mill and overlay lasting as long as it has. Ms. Hankee stated traffic volumes do impact the life of the road and this particular road does not have heavy traffic flows. She clarified the reconstruction on Valentine Crest Road was not only for the road itself but also to correct the drainage problems on this road, providing curbs and gutters, fixing the sagging sanitary sewer lines, addressing the ponding water in driveways, and the additions of rain gardens. Councilmember Grant clarified that the only costs being assessed to the residents is 50% of the road costs not the other costs associated with this particular project. Councilmember Holden asked where the sanitary sewer issues and drainage issues were and if they were only on Valentine Crest Road. Ms. Hankee stated the sewer improvements are near the A4 boring site on Valentine Road. The sagging lines have not caused back ups to date but they could over time. This same line runs through Janet Court and down through Valentine Crest Road and there are repairs proposed for these areas as well. Councilmember Holden clarified the problems that could arise if this project were not done include sewer backups. These problems would result in an increase in the City's insurance costs. She also asked how many residents were linked to this sagging sewer line. Ms. Hankee stated the sagging was not to the point that it is causing problems currently but it could start to cause problems in the future. A back up in this particular line would not only affect those residents in the cul-de-sac but also everyone upstream from this point. Councilmember Holden stated residents do not want to have sewer in their basements. It is never a good time to have to fix roads and she is sensitive to the current economy and the Assessment Policy does provide deferrals for seniors. MOTION: Councilmember McClung moved and Mayor Pro-Tem Holmes seconded a motion to Approve Resolution 2010-023: Awarding the 2010 Pavement Management Program to T.A. Schifsky & Sons, Inc., of North Saint Paul, Minnesota, in the amount of$779,799.67. Councilmember McClung stated he is vexed by this problem. As a City the streets need to be redone and maintained but no one wants to be responsible for paying for these costs. There is never a good time to assess a property owner for these types of costs. At the time the Assessment Policy was being proposed few residents had any comments on it. Now that the City has the policy and is following it, residents have problems with the amount they need to be responsible for. He clarified that he had a problem with doing Janet Court at this time simply because it was ARDEN HILLS CITY COUNCIL—April 26, 2010 11 7.B. Adopt Resolution 2010-023: Awarding Bid for the 2010 Pavement Management Program (continued) part of the neighborhood. He stated having a favorable bid does make it easier to vote in favor of awarding a PMP project. Councilmember Holden stated she understands the neighborhood approach to doing street repairs and projects but doing the mill and overlay on Janet Court just because there will be equipment in the area does not make sense. The City will have other mill and overlay projects over the next couple of years and Janet Court could be included with one of these projects. Doing Janet Court at this time is earlier than would be necessary. She asked why Valentine Crest Road needed to be reconstructed and not just have a mill and overlay, because this particular road is used by only twelve homes. Civil Engineer Giga stated the sanitary sewer issues and drainage concerns brought up by residents, and the sub-grade that is underneath this street were factors in determining to have Valentine Crest Road reconstructed. If the sewer line breaks the City would be digging up this section of the road anyway. At this it would make sense to reconstruct the roadway. Councilmember Holden asked if the City would just have to dig on Valentine Crest Road for the sagging sanitary sewers. Civil Engineer Giga stated spot sewer repairs are on Valentine Crest Road and more significant manhole-to-manhole repairs on Valentine Avenue and Valentine Court. Councilmember Grant stated the topic of the Assessment Policy was brought up. He clarified in 2002 the streets were assessed by the footage a person had in front of their homes. The Council and residents formed a task force and it was determined that residents preferred to have the assessment split among the number on properties. The task force did not change the "pie" only how it was divided among residents. He stated he has driven on the streets involved in the project and other streets in the City. There are some places that are not so bad and others that are not good and there are streets that are in worse condition than Valentine. He is not an engineer though. There is no right time to do a street but they need to be done. He stated that the price of Janet Court at $1,721 per residential unit is a bargain and payments can be spread out over seven years if the Council extended the terms. He is in support of doing Janet Court at this time but asked what the Council's thoughts were on the reconstruction project for the Valentine neighborhood. There are other streets that could be done. Mayor Pro-Tem Holmes stated forty years is a long time for a road to be there without being reconstructed. All the roads in this neighborhood seem to need repair and the Council needs to follow the advice of their experts. These experts feel a mill and overlay on Valentine Crest Road will not work and there are sanitary sewer issues in this area as well. She stated it is difficult to decide to do this type of project at this time but the prices for this project at such that it would be reasonable. The Assessment Policy does provide ways to work out the payments for residents. ARDEN HILLS CITY COUNCIL—April 26, 2010 12 7.B. Adopt Resolution 2010-023: Awarding Bid for the 2010 Pavement Management Program (continued) Councilmember McClung stated the larger problem with Valentine Crest Road is the sanitary sewer problems. This affects the whole City and the City's insurance rates. When looking at liability it is the swaying factor. Councilmember Holden stated she does not agree with having a mill and overlay done on Janet Court at this time. This is premature and could be added to another PMP project in the future. She also stated she is struggling with Valentine Crest Road because this is twelve houses. It needs to be done but she would like to see the City do it wisely. The residents are paying $8,000 and the City is paying $8,000 plus the cost of the sewer repairs. At this time the concerns for the sewer are in the future they may cause problems and if the City can get another twenty years out of the road by doing a mill and overlay then this is the route they should look into. She asked if the City had two sets of televising for this segment to determine if the sagging has gotten worse Public Works Director Hoag stated the televising of these segments identified the problems but there is not another televising to compare this to. He stated there have been slow moving sewer problems in this area and there was one backup. Councilmember Grant stated the condition of the street should drive the project not the sewer. He stated this may not be the time to do the street but it would not be long before it needs to be done. If the City is recommending reconstruction at this time then it will be reconstructed in the future. MOTION: Councilmember Holden moved and Councilmember McClunLy seconded a motion to Remove Janet Court from the 2010 Pavement Management Program, Councilmember Grant asked Councilmember Holden to explain why she would recommend this. Councilmember Holden stated it is premature and it can be added to another project in the next couple of years. It says in the write up this is being done earlier than needed. This is a mill and overlay that can be included with another PMP project in the future. Councilmember McClung stated he would support this because it is separate and distinct from the rest of the neighborhood and is only being done as part of the neighborhood concept versus being based on the numbers. Councilmember Grant stated as a neighborhood project Janet Court is its own neighborhood and it may not be economically viable to do at this time. The amendment was called to a vote. The amendment carried (3-1) ARDEN HILLS CITY COUNCIL—April 26, 2010 13 7.B. Adopt Resolution 2010-023: Awarding Bid for the 2010 Pavement Management Program (continued) Ayes: Councilmembers Grant, McClung and Holden Nays: Mayor Pro-Tem Holmes Councilmember Holden asked how much the sewers were sagging. Public Works Director Hoag stated enough that the maintenance crews have a concern but does not have more detailed information at this time. The amended motion was called to a vote. The amended motion did not pass or fail (2-2). Ayes: Mayor Pro-Tem Holmes and Councilmember McClung Nays: Councilmembers Grant and Holden City Attorney Jerry Filla stated the motion did not fail or pass and he would recommend coming back with a full Council on this matter. MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to table the Adoption of Resolution 2010-023: Awarding Bid for the 2010 Pavement Management Program with the Removal of Janet Court to a Future Council Meeting. The motion carried unanimously (4-0). Councilmember Grant requested more detailed information on the sag and the infrastructure to justify or not justify the project. Councilmember Holden asked how long the bid is good for. Civil Engineer Giga stated the bids were good for 45 to 60 days. There would be enough time to bring back to the next meeting and she would have more detailed information regarding this at that meeting. Councilmember McClung requested additional information regarding the deficiencies for drainage including,where they are and how many there are for Valentine Crest Road. Councilmember Holden asked if a mill and overlay would address the drainage problems. Mayor Pro-Tem Holmes stated a full Council will be present on May 10 and a vote will be held at that time. C. Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F ARDEN HILLS CITY COUNCIL—April 26, 2010 14 7.C. Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F(continued) City Planner Meagan Beekman stated this application was first reviewed by the Planning Commission at the February 3, 2010, meeting. At that time the applicant was requesting a zoning code change that would allow additional antennas on nonconforming communications towers. At their March 15 work session the City Council directed Staff to work with the applicant on a CUP Amendment that would limit the number of antennas on the tower to the number of antennas currently in operation and alter the zoning code amendment language to make existing towers in the City conforming conditional uses. Because the zoning language that is now proposed is different than the language presented to the Planning Commission at the public hearing, the City Attorney recommended that the application go back to the Planning Commission for a public hearing and review. There are two parts to the Zoning Code amendment request. The first part would make communications towers that were in existence prior to the effective date of the zoning amendment conditional uses, thus allowing then as the primary use on the property on which they are located. The second part would allow antennas to be located on these existing communications towers up to the height of the existing tower, and exempt them from setback regulations. If approved, the combined effect of the amendment requests would allow additional antennas on communications towers that exceed the height of 75 feet, and were in existence prior to the adoption of this amendment, up to the limit of the CUP under which each tower operates. This would make the existing tower a conforming structure. These provisions would not apply to requests for new towers. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to Approve Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit at 1296 County Road F Based on the Findings of Fact and the Submitted Plans as Amended by the Seven Conditions in the April 26, 2010, Planning Case Report, and Approve Publishing a Summary of Ordinance 2010-002, Councilmember McClung asked City Planner Beekman how many of the antennas are not being used at this time. Civil Engineer Beekman explained Staff had originally been told that only 21 of the 30 remaining antennas located on the tower were being used and that the remaining antennas had been abandoned. Since the March 15 City Council work session Staff has had discussions with the property owner, the service providers that are using the tower, and Ulteig Engineering who conducted the structural analysis of the tower for the City. Through these discussions Staff has been able to clarify all 30 antennas on the tower are currently operational. The motion was called to a vote. The motion carried unanimously (4-0). D. Planning Case 09-019 for a Conditional Use Permit Amendment at 1296 County Road F ARDEN HILLS CITY COUNCIL—April 26, 2010 15 7.D. Planning Case 09-019 for a Conditional Use Permit Amendment at 1296 County Road F (continued) City Planner Beekman stated the existing 240-foot communications tower has operated at 1296 County Road F since 1972 when a Conditional Use Permit (CUP) was issued for the construction and operation of the tower. The original CUP did not make accommodations for any future reconfigurations or addition of antennas. If Planning Case 09-023 is approved, Clearwire Wireless proposes to amend the CUP to allow an additional six antennas on the tower to provide Internet service to residents and businesses of Arden Hills, as well as people passing through the City. The proposed antennas would be at a height of 175-feet. The applicant has submitted an application, coverage analysis, engineer letter, and site survey. Mayor Pro Tem Holmes asked if the capacity of the tower would be 97% after the proposed antennas are added to the tower and how this was determined. City Planner Beekman explained the capacity was based on the structural analysis of the tower done by Ulteig Engineering. They looked at the structure and how it was built and the equipment that is currently on the tower. They compared this information with 90 mile an hour wind capacity and 1 1/2"radial ice because these are conditions that can occur in this region. Councilmember Holden asked how many more antennas could be added to the tower. City Planner Beekman stated at this time no additional users could be added to the tower because of the number of antennas and equipment needed, but the users who are currently on the tower to potentially add one or two antennas, remove, and/or relocate equipment. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to Approve Planninp, Case 09-019 for a Conditional Use Permit Amendment at 1296 County Road F Based on the Findings of Fact and the Submitted Plans as Amended by the Four Conditions in the April 26, 2010, Memo to the City Council. The motion carried unanimously(4-0). 8. UNFINISHED BUSINESS None. 9. COUNCIL COMMENTS AND REQUESTS Councilmember Holden requested a copy of the new MSA map that Civil Engineer Giga was working from that included the potential MSA roads. ARDEN HILLS CITY COUNCIL—April 26, 2010 16 9. Council Comments and Requests (continued) Councilmember Holden stated she was not present for the entire Library meeting but they mainly discussed the doing a feasibility study for moving the Arden Hills Library to the New Brighton Community Center. They are going to hire a consultant to do a FIT analysis. This analysis is to determine if the library would fit in this location and what the cost would be to relocate the library and not if a library would be a good fit for this area. Ramsey County will be looking at their GIS and determining the level of traffic at this location. Councilmember McClung announced the Ramsey County Friends of the Park tree sale had ended and the residents of Arden Hills had donated 53 trees to the City's parks, boulevards, and open space. He expressed thanks to the residents for their generosity. ADJOURN MOTION: Councilmember Grant moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously(4-0). Mayor Pro-Tem Holmes adjourned the Regular City Council Meeting at 9:08 p.m. lip Susan K. Iverson an Ha stead Acting City Administrator Mayor