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HomeMy WebLinkAboutCC 04-10-1995 I I. I I I I I I I Ie I I I I I I I Ie I MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNcn. MEETING APRIL 10, 1995 7:30 P.M. - NEW BRIGHTON CITY HALL CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:31 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone and Susan Keim. Also present were: City Clerk/Administrator, Brian Fritsinger; Parks and Recreation Director, Cindy Walsh; City Accountant, Terry Post; City Attorney, John Miller; Engineering Consultant, Greg Stonehouse; and Recording Secretary, Ruth McLaurin. ADOPT AGENDA MOTION: Aplikowski moved and Keim seconded a motion to adopt the agenda for the April 10,1995 City Council meeting as presented. The motion carried unanimously (5-0). PUBLIC HEARING FOR 1995 STREET MAINTENANCE IMPROVEMENT PROJECT Mayor Probst opened the Public Hearing at 7:33 p.m. City Administrator Fritsinger confirmed all proper notification had been given and was published on March 18, 1995 and March 24,1995. Mayor Probst indicated a neighborhood informational meeting was held last week. Mayor Probst indicated since he resides in the area to be improved, he would remove himself from voting. Engineering Consultant Greg Stonehouse briefly reviewed the streets to be improved during the 1995 year. He noted that Stowe Avenue is in the process of being turned back to the City from the County. Mr. Stonehouse reviewed the preliminary costs for the project. The Stowe Avenue project would cost approximately $32.30 per front foot. He also noted the schedule for the project would begin with opening bids on May 10 with the awarding of bids on May 30. The project is proposed to begin construction in July and be completed in September. I I. I I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - AoriI 10, 1995 2 Mayor Probst noted that County Road F will be improved, but that it will be discussed as a separate issue. He invited those who have questions or comments regarding the streets noted in Mr. Stonehouse's presentation to step forward. Mr. Andy Kuehn, 3581 Ridgewood Road, noted his property is a downhill property and any improvements on Ridgewood Court will affect his property. He indicated that if the road is raised any further, his front yard will be washed away, because previous drainage problems have occurred. Mr.Kuehn indicated he has no interest in Ridgewood Court, but the improvements will affect his property. He indicated he wanted to inform the Council of his case. Mr. George Moeller, 3551 Ridgewood Road, indicated if Ridgewood Court is raised even one inch, it would destroy his property. He indicated currently when it rains, it becomes like a river. He believes digging the road up would be the only option. Mrs. Andy Kuehn, indicated the center of the road gets raised with every new seal coating and the curbing is not enough to hold the flow of water. Mr. Moeller indicated there is no curbing left. Mr. Moeller believed the issue should be researched. Mr. Scott Larson, 1178 Benton Way, asked if there would be any assurance that the actnal cost will not exceed the estimRtPA costs. Mayor Probst noted the bids will come back before the Council and would be voted on, and also an assessment hearing will be held. Mayor Probst noted in recent years the bids for improvement projects have been coming in lower than the estimated cost. Mr. Steven Forestell, 1190 Benton Way, Hunters Park Townhome Association, indicated all members of the Townhome Association should be assessed equally. Mayor Probst indicated in the past the City has assessed other Townhome Associations as a common owner and divided the total equally between the members. Mr. Roger Aiken, 4360 Hamline Avenue, inquired if curbs and gutters are always put in, Mr. Stonehouse indicated typically they are. Mr. Aiken indicated a Storm Water Management plan should protect the property from run-off during construction. Ms. Doris Canniff, 3946 GIenview Avenue, indicated problems with the seal coat over the years has raised the height of the road, causing water to pool in her driveway. Mr. Ed Kosse, 1865 Stowe Avenue, inquired as to access on Stowe Avenue during construction. Mr. Stonehouse indicated during construction the road would be limited to residents, although the access may be difficult at times, a 24 hour emergency access is mandatory and the contractor will I I. I I I I I I I Ie I I I I I I I Ie I .AROEN HILLS CITY COUNCIL - Anrill0. 1995 3 attempt to have access during morning and evening rush hours, allowing residents to get in and out of their homes. Mayor Probst closed the Public Hearing at 7:55 p.m, Councilmember Malone noted that in regards to the Ridgewood Court issue, he felt the City should not add to the problem, but review the drainage issue. He inquired whether or not the Engineer had an opportunity to review this area. Mr. Stonehouse indicated he had not reviewed this area in detail, but noted there would be various options. He would get back to the Council with his recommendations. Councilmember Malone suggested deleting Ridgewood Court from the project until the issues can be researched. Councilmember Aplikowski concurred, indicating the City needs to repair the road correctly to resolve the problem. MOTION: Malone moved and Hicks seconded a motion to adopt Resolution #95-26, Ordering the 1995 Street Maintenance with the exclusion of Ridgewood Court until further review. Vote: 4 ayes - 0 nays, with Mayor Probst abstaining, motion carried. Mr. Fritsinger noted one correction on the next resolution, the date of the Hearing should read ~ 30.1995, not May 29,1995. MOTION: Malone moved and Hicks seconded a motion to adopt Resolution #95-27, Approving Plans and Specifications and Authorizing Advertising for Bids for the 1995 Street Maintenance Improvements with the noted correction. Vote: 4 ayes - 0 nays, with Mayor Probst abstaining, motion carried, Councilmember Malone directed staff to review the issue regarding Ridgewood Court. Mr. Stonehouse indicated he would research and return with a report for the Council, APPROVAL OF COUNCIL MINUTES March 27, 1995 Regular Council Meeting. Councilmember Malone indicated under Administrator Comments paragraph three, COIIDcilmember Hicks name should be added. Councilmember Hicks had a few gI"'mmatical corrections and indicated he would pass them on to the City Administrator. I Ie I I I I I I I I- I I I I I I I Ie I ,8lIDEN HILLS CITY COUNCIL - AnrillO, 1995 4 MOTION: Aplikowski moved and Keim seconded a motion to approve the minutes of the March 27, 1995 regular City Council meeting as corrected. The motion carried nnRnimously (5-0). CONSENT CALENDAR A. B. C. D. Approve Mileage Reimbursement Rate Increase Review 1994 Treasurer's Report Adopt Resolution #95-29, 4 M Fund Corporate Authorization Approve Claims & Payroll MOTION: Hicks moved and Aplikowski seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried nnRnimously (5-0). PUBLIC COMMENTS Mr. Craig Wilson, 1677 County Road F, wanted to thank. the Mayor; Councilmembers Malone and Aplikowski; Mr. Fritsinger and Mr. Post, for attending the informational meeting held last week regarding County Road F. Hearing no further public comments Mayor Probst proceeded with the meeting. UNFINISHED AND NEW BUSINESS Consider Environmental Assessment Worksheet for Ol!l'en PUD Mr. Fritsinger indicated on March 26, 1995, the City of Arden Hills received a petition requesting that an Environmental Assessment Worksheet be prepared on the Ogren PUD Project This petition was forwarded to the City from the State Environmental Qnality Board on behalf of the Neighbors of Valentine Lake, Inc. Mr, Fritsinger indicated the purpose of the EA W process is to disclose information about potential environmental impacts of a project The EA W is not an approval process. The information disclosed in the EA W process has two functions: (1) It is used to determine whether an Environment Impact Statement is needed; and (2) It indicates how the project can be modified to lessen its environmental impacts. Mr. Fritsinger explained the EA W process involves four major steps: I I. I I I I I I I I- I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - AnTil 10. 1995 5 (I) The proposer of the project supplies data necessary for the completion of the EA W to the Responsible Governmental Unit (RGU). (2) The RGU prepareS the EA W. (3) Thirty (30) day public comment period. (4) The RGU responds to the comments received and makes a decision on the need for an EIS based on the EA W, comments received and the responses to the comments. The RGU and other units of government may require modifications to the project to mitigate environmental impacts as disclosed through the EA W process. Mr. Fritsinger continued to explain, an EA W is required for any project listed in the "mandatory EA W categories" of the EQB rules. He indicated it is staffs' position that this project does not necessarily fall under any of these categories and a mandatory EA W is not required and would fall under a discretionary EA W. Mr. Fritsinger indicated if the preparation of an EA W is neither mandatory nor exempted the City has the option to prepare an EA W. The City may elect this option if it finds that available evidence indicates that the project "may have the potential for significant environmental effects." Mr. Fritsinger indicated a letter had been received just prior to the meeting, from Mr. Ogren and his attorney regarding exemption. Mr. Fritsinger referred to Mr. John Miller, counsel for the City. Mr. Miller indicated he did not have enough time to review the letter fully, but it is obvious Mr, Ogren is requesting the City not to order an EA W. Mr, Fritsinger indicated ifhe understands correctly, the attorney is indicating the exemption portion of the regulations would apply as the development proposed is under 20 units is size and under the discretionary EA W, this exemption would apply. Mayor Probst inquired if the City could order an EA W based on the questions from the Rice Creek Watershed District. Mr. Miller stated this would indicate under the mandatory portion of the regulations there was a change in course or cross section of a one acre portion of a protected wetland. Mayor Probst inquired if it was true, as proposed, the drainage is in fact being reversed into Valentine Lake, a protected lake. Mr. Fritsinger indicated this appears to be correct, as site plans note a pond on the northeast comer of the site which will flow directly to Valentine Lake. Mr. Miller indicated if the City Council defines that finding, that argument should be included in any action. Mayor Probst expressed concern if an EA W is ordered, and perhaps the PUD denied, could the EA W still be effective if Mr. Ogren came back with modified plans. Mr. Miller believed it would be in effect if there was less impact on the site, but if the building density increased an additional EA W could possibly be requested. I I. I I I I I I I Ie I I I I I I I I. I ARDEN HILLS CITY COUNCIL - Anril10, 1995 6 Mayor Probst wanted to clarify for the audience, if the EA W was ordered, the City would select a neutral consultant to write the EA W. The City believes it to be true, that the cost would be covered by the developer. Councilmember Keim indicated since this proposal is for under 20 units, it could be defined as an exemption under the discretionary EA W. Mr. Fritsinger indicated there is a long list of impacts listed under an discretionary EA W, and this appears to fall under an exemption, Mr. Miller for clarification, indicated if the Council decides to order an EA W, they would determine if this EA W would fall under the category of Mandatory or Discretionary. lfit is decided the EA W is Discretionary, a long list of exemptions must be reviewed and if an exemption is found, an EA W cannot proceed. Mayor Probst indicated if there is a change in flow of drainage to a protected wetland this could fall under a mandatory EA W. Mayor Probst opened the floor to the public and indicated all comments and testimony from the previous Planning Commission and City Council meetings are on the record and need not be repeated. Mr. Tom Casey, 2854 Cambridge, Mound, MN; an attorney representing the Neighbors of Valentine Lake, Inc., indicated he was prepared to talk in regards to various issues pertaining to the EA W process. He noted he would like to clarify the staff analysis for the EA W exemption. This exemption is not appropriate as he indicated the rule regarding 20 units is modified if the site is within the Shoreland classification area. He noted the site as defined by the Ordinance is within 1,000 foot line around Valentine Lake. This would remove the site from exempt status and require the EA W to be performed under a mandatory determination. He indicated he had spoken with Mr. Downing from the DNR regarding that site in reference to the Shoreland Management Ordinance. Mr. Casey indicated since the property is located within the Shoreland Management District, the definition would then return to the Mandatory versus the Discretionary EA W. Mr. Fritsinger indicated in reference to the Shoreland Ordinance, the Ordinance does state 1,000 feet would be correct, but the City has a map detailing the Shoreland and Floodplain areas and this property is not in either of these areas. The City is attempting to contact the DNR to verify how the Ordinance applies to this site. Mr. Casey indicated he would give legal analysis regarding the EA W issue. I I. I I I I I I I Ie I I I I I I I I. I ARDEN HILLS CITY COUNCIL - ADriI 10, 1995 7 Mr. Casey noted the Environmental Policy Act has been on the books for 20 years, and through this act there is an educational and fact finding mission under Environmental Quality Board rules and state statutes. He indicated a liberal interpretation of these rules follows from the Policy Act itself. Mr. Casey indicated there are two tests he wishes to discuss, the Mandatory Testing, and the Threshold Test; an alteration of cross section of one acre or more of protected wetland. He indicated another issue is whether or not this would fit the category of where there would be a potential for significant environmental effects. Mr. Casey implied the City Administrator Mr. Fritsinger may have misquoted the law, he indicated the law states: "...it ~ be done, (EA W) if you find that there may be a potential for significant environmental effects", it is not a ~ but a shall. Mr. Casey addressed the Threshold Test; whether or not a cross section ofland or lake is effected. He noted a wetland map indicated three wetland areas. He approached the Council and identified the area he referenced. He indicated unless the City has identified the wetland as exempt, those areas are protected under the Wetlands Conservation Act. Mr. Casey indicated the developer admits to changing the course and cross section of the wetlands. The DNR has received an Engineering Application from the developer, which indicated the site drainage would be outletted to the lake at velocity, and would impact the protected water. Mr. Casey indicated wetlands to the west may also be effected due to change oftopography during development. Mr, Casey encouraged individuals to add to testimony already given regarding potential environmental effects, and he would comment later. Mr. Mark Chapin, 3947 Rolling Hills Road, indicated he would like to add three items in regards to environmental effects that he believed had not already been mentioned. Mr. Chapin indicated he would like to provide three additional documents for the record. First he indicated he had a Minnesota Geological Survey Plate from 1992. He stated this identifies the wetland to the west of the proposed development as an area which has a high sensitivity to pollution. 1bis means the estimated travel time for water going from contaminants at the land surface to reach the water table systems are within hours to months, Mr, Chapin also he indicated he had two letters from Ramsey County, one letter dated April 5, 1995 addressed to Mr. Fritsinger from Gregory Mack, which indicates the easement on the property is an interest the County owns and wishes the City to respect this in regards to the development. He indicated the second letter was mentioned at the Council meeting of March 27 and states the interest I I. I I I I I I I Ie I I I I I I I . I I ARDEN HILLS CITY COUNCIL - AnrillO,.J 995 8 of the County to add the property to their park inventory,. should the land become available for open space. Mr. Jay Schrankler, 1798 Venus Avenue, expressed concern that the rare State Threatened Species of Blanding turtles in the area would be affected adversely due to the development. He indicated the EA W is necessary. Mr. Martin Roller, 1700 G1enview Avenue, indicated in regards to the affect on the environment,. he believed the incremental approach would also adversely affect the area. He expressed concern that the development would begin, the area cleared and only two townhomes be constructed and the developer could possibly go broke and a desolate site would remain. Mr, Casey indicated there various reasons for the ordering of the EA W: '" High ground sensitivity to adjacent site. '" 1980 Soil Survey indicated this site not appropriate for building. '" Pond nm off and effects of cross section of water to the east. '" DNR application indicating the emission into the lake is at velocity. '" Alteration of the wetland from the pond outlet pipe. '" Delineation of wetland, decreasing or increasing water. '" Buffering has not been identified. '" Perhaps a violation of the Minnesota Environmental Rights Act: referenced Court Case Ricen vs. County of Freeborne. '" Landscape Plan indicates only 33% of trees will be native trees,. no attempt to replace ecosystem. '" Wildlife that travel in this corridor: turtles, fox, turkeys, deer, and various others. '" Hazardous street designation from Ramsey County Sheriff's office. '" Reports from other governmental agencies requesting EA W. '" Zoning Code requires EAW, Section V-L.5F on page V-20. '" Comprehensive Plan, all proposed development shall be evaluated. '" Environmental Quality Board rules requires EA W. Mr. Casey indicated the law requires the City Council to order an EA W, to determine if an Environment Impact Study should be done. The EA W will correlate all necessary information into one document. Mr. Dave Price, au attorney representing Mr. Ogren, indicated relevant section regarding the petition; 4410.1100 requires the petition meet the "burden of proof' whether there is a possibility of significant environmental effects. Mr. Price referencing a copy of a preliminary report provided by the Rice Creek Watershed District, indicates their findings are that there will be no direct impact to the wetlands on this site. I I. I I I I I I I Ie I I I I I I I I- I ,ARDEN HILLS CITY COUNCIL - AnrillO. 1995 9 Mr. Price indicated if the Council votes in favor of an EA W, the Council would be doing it on the basis of a Discretionary EA W and then in order for the Council to do that, the Council would have to find evidence that there was a significant environmental impact to the site. Mr. Price stated the analysis and study done by the Rice Creek Watershed District will answer most questions for which an EA W would provide answers, Mr. Price indicated the burden of proof upon the petitioners is more than just finding water and wildlife on the site. Mr. Price indicated he had spoken with the Environmental Quality Board that only lout 5 of petitions are granted. Mr. A. W. Chaney, 1732 Venus Avenue, indicated he has been watching wildlife in the area for 30 years and has seen wild turkeys. He indicated that the wildlife he has seen have traveled from east to west at dawn and west to east at dusk, therefore this area is a corridor and would be cut off if the development proceeded. Mr. Jim Summerfield, 1710 GIenview Avenue, indicated a few reasons for requesting an EA W, First timing, it has been less than 60 days since a letter of petition has been submitted. Secondly, it is in the best interest of the City. Mr. Summerfeld also indicated in reference to Commissioner Rye's statement that as a property owner, the developer has a right to develop the land as he/she sees fit. He agreed with the Commissioner's statement, but at the same time questioned if the individual interest is in the best interest of the community. He felt this development would be done at the community's expense. Mr. Summerfeld expressed concern that it would not be good policy for the City to ignore the desires of the community. Mr. Price indicated that Mr. Ogren has complied with all that has been required for the application for PUD. Mr. Ogren has been considerate of the environment and his goal is to have a first class development. Mr. Price felt the 60-90 day delay would be unfair to Mr. Ogren and is only a stall measure. Mr. Price noted all the information that is being requested in an EA W, has already been provided. Mr. Price indicated that he has no record that the City has an ordinance that authorizes the City Council to pass on the expense of an EA W onto the developer. Mr, Casey indicated there was a misquote of the law, it states may have potential for environmental impact, MN Rule 4410.21000. I I. I I I I I I I Ie I I I I I I I I" I ARDEN lllLLS CITY COUNCIL - Anrill O. 1995 10 Mr. Casey indicated that the preliminary report of the Rice Creek Watershed District is mute if the Environmental Policy Act is followed, noting there may be a potential for significant environmental impact. Mr. Casey felt the gaps in information needed, would be provided by an EA W. Mr. Price requested the petitioners to show impact. Mayor Probst indicated the Council Chambers was not a Court of Law, and requested any additional statements be in regard to new information relevant to this case. He indicated the City Council is present to review information and determine if an EA W is to be ordered.. He then invited the audience to make any additional comments at this time. Mr. Bob Mullin, 1793 Gramsie Road, believed that the impact should not only be on environment, but on pure space. Mr. ShrankIer indicated the Rice Creek Watershed District will not make its final findings until May 4, and after the decision of an EA W has been determined. He noted the assessment was not only an environmental assessment, but also a soil assessment. Mr. Dan Ogren, 466 Old Farm Road, indicated he is not in favor of an EA W, because a wetland has not yet been identified on the northeast comer. Mr. Ogren also indicated he believed that the cost of the EA W should not be imposed on the developer. Mr. Ogren indicated he did not sign an application with the understanding of ordering an EA W, Mr. Ogren indicated the delay will not prevent him from developing the land, either with townhomes or single family detached homes. Mr. Ogren indicated he would pursue the development until it is done. Ms. Angela Hames, 1839 Venus Avenue, inquired as to the cost of an EAW. Mr. Fritsinger indicated the cost could range from hundreds to thousands of dollars. Ms, Hames indicated she understands business issues, but with the admitted dedication to the environment of Mr. Ogren, would not the money be well spent particularly ifhe desires the best possible project available. Ms. Canniff indicated the desires of the whole community needs to be considered. She noted the flooding in the Red River Valley, and expressed concern that similar problems will occur in this area, She expressed concern that the oaks would be destroyed during development. I I. I I I I I I I Ie I I I I I I I I- I ,ARDEN HILLS CITY COUNCIL - AorillO, 1995 11, Ms. Canniff felt the housing would be substandard due to no basements. Ms. Canniff commented that Mr. Ogren is not a resident of Arden Hills and the desires of residents should come first. Ms. Canniff indicated the Council is elected by Arden Hills' residents to do what the residents want them to do. Mr. Roger Moberg, 1308 Cannon, indicated he is in favor of the development. He indicated he is a former Planning Commission member and feels the development is very good, and would like to move into the development. Ms. Ann-Marie Hoelscher, 1750 Gramsie Road, appealed to the City Council to order an EA W if there is concern regarding a wetland in the northeast comer as admitted by Mr. Ogren. She noted once a development is there, there is no turning back and if information is obtained before construction, adjustments can be made. Mr. Eugene Schmidt, 1628 Chatham Avenue, indicated similar concerns were presented before the Chatham Addition was developed in 1976. He indicated the wildlife has not moved out of Chatham. Mr. Schmidt indicated he also has elected the City official to serve and follow the laws and regulations of the community. Mr. Schmidt expressed concern regarding what was written in the Saint Paul Pioneer Press, "I think it is not really a necessary thing, she said of the study, but we're going to vote in favor of it because the neighborhood has organized." He indicated because of the quote, if it is a true quote, he believes the Council is not doing the job it has been charged with, Mr. Aiken indicated he would like to add to the record a letter drafted by himself and his wife regarding the request for an EA W, and their support for ordering one. He also indicated a petition signed by various residents. Mr. Aiken indicated the process can clearly define litigation and also assign responsibility. He believed the EA W is a vital part of the process. Mr. Aiken indicated once a project is underway and a conditional use permit or planning stipulations are included in a project, the City of Arden Hills does not have adequate resources or personnel for proper oversight. Citizen involvement and oversight is necessary to protect the interests of the City. He believes, therefore, it is imperative that in any project of this magnitude the facts and special circurnsmncesareunderstoodbyev~one. Mr. Steve Hurst, 3779 McCracken Lane, indicated the developer promised he would not go away. Mr. Hurst noted an EA W will help assess the site if single family detached homes go in also. I I. I I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - Aorill0. 1995 12 Ms. Hilda Reynolds, 1645 GIenview Court, indicated there would be water and sewer problems, especially if there is heavy rain. She indicated the citizens will be paying for any clean up. Mr. Jean Mootz, 1767 Glenview, indicated that in the past they have had a flower garden on the comer and his family uses the nature trail. He indicated neighborhood meetings have been used to help resolve issues and perhaps this would be a good idea. Ms. Fran Holmes, 1804 Venus Avenue, indicated she was reading from the EA W Guidelines, on Page Four and the costs stated are relatively small. Ms. Britt Lundgren, 1777 Gramsie Road, indicated she likes the area because it is similar to a "diamond in the rough" in which the country becomes available, in a city setting. She indicated she would hate to see this destroyed. Mayor Probst hearing no further testimony, indicated the Council needs to take action on the issue. Councilmember Malone indicated there is equal reasoning for each side. He indicated he could recognize the cause for an EA W, but not if the information is already available. Councilmember Malone indicated he would like a further definition of requirements. Councilmember Aplikowski indicated she is a developer and feels that her developments which have no basements are not substandard as suggested by reprentatives of the neighborhood. Councilmember Aplikowski indicated the article in the Pioneer Press did not clarifY that she was speaking only for herself and not any other members of the Council. She indicated the citizens of Arden Hills voted for her with the confidence that she would make wise decisions. Councilmember Aplikowski indicated she came to the meeting prepared to vote in favor of an EA W, because it will provide necessary information. Councilmember Hicks inquired for clarification as to who makes a negative declaration once the EA W results are in. Mr. Miller indicated the Environmental Quality Board, after a 30 day question and answer period, will make that declaration. Mayor Probst indicated the results of the EA W will effectively find the impact and whether a full Environmental Impact Study will be necessary. Mayor Probst indicated he would favor ordering an EA W, based on the impact of the flow of water on the site. I I. I I I I I I I Ie I I I I I I I Ie I .ARDEN HILLS CITY COUNCIL - Aorill 0, 1995 13 Mayor Probst indicated Mr. Ogren is intending to develope the site, has every right to do so, and will ultimately have a proposal in front of the Council. He indicated that if the current proposal is turned down, Mr. Ogren will return with another proposal and the EA W information will be beneficial in the future as well. MOTION: Hicks moved and Aplikowski seconded a motion to approve the ordering of an Environmental Assessment Worksheet, based on the finding that there is a flow change into a protected wetland and possible changes to the cross section. Councilmember Malone inquired if an outside party would do the EA W. Mr. Fritsinger indicated a consultant neutral to the issue would be sought to prepare the EA W. Mayor Probst indicated that the current proposal would still need to be modified regarding other issues of encroachment. He indicated he would like to see a revised plan before approving the PUD. Councilmember Hicks indicated it is the intent of the City for the cost of an EA W to be absorbed by the developer. Councilmember Keim commented due to the environmental impact of the flow into Valentine Lake she would support ordering an EA W. The motion passed unanimously (5-0). Adopt Resolution #95-25. supporting Cooperative Trail Grant Application. Parks and Recreation Director Cindy Walsh indicated the proposed resolution is in support for an application to the Cooperative Trail Grants Program for the development of the eight foot wide bituminous trail segment from T,H. 96 south to Briarknoll Drive on an existing City trail easement. Ms. Walsh indicated this trail area will be improved regardless of the receipt of these funds but this grant would help fund the improvement. MOTION: Malone moved, Hicks seconded a motion to adopt Resolution #95-25, Supporting an Application to the Cooperative Trails Grant Program funded by the State of Minnesota Department of Natural Resources. The motion passed unanimously (5-0). Consider Special Meeting - Interviewine TCAAP Consultant Mr. Fritsinger requested setting a special meeting for April 17, 1995, at 4:30 p.m for the purpose of interviewing the TCAAP RFP respondents. He also suggested adding Jeanne Winiecki, Steve Erickson and Brent Nelson from the Task Force to assist in the process of choosing a consultant. I I. I I I I I I I Ie I I I I I I I I- I ARDEN HILLS CITY COUNCIL - ADrilIO. 1995 14 MOTION: Hicks moved and Keim seconded a motion to set a special meeting for April 17, 1995, at 4:30 p.m. at the Army Reserve building. The motion passed unanimously (5-0). Adopt Resolution #95-28. Establishing the Assessed Cost for the County Road F Reconstruction. Mr, Stonehouse indicated the City received bids for the project on March 30, 1995. He indicated he recommended acceptance of all four bids and to award the bid to Midwest Asphalt, Inc. upon approval of plans by MnDOT, completion of the assessment hearing, and final resolution of trail and street width issues. He also indicated all conditions and transactions as noted should be subject to review and input by the City Attorney. Mr. Fritsinger indicated staffhas been working with the neighborhood and presented a few changes. Mr. Stonehouse indicated, from what he had reviewed, the changes would reduce the cost of the project, but have no actual effect on the assessments. Councilmember Aplikowski inquired if the sidewalk would be removed. Mr. Fritsinger indicated it had not yet been agreed to. Councilmember Aplikowski was not in favor of sidewalks. Councilmember Aplikowski inquired if parking on the street was a concern for neighbors. Mr. Stonehouse indicated the road would be wide enough, but there was concern regarding traffic if parking is allowed. Mayor Probst indicated based on comments from residents, the concern for the walkway was in regards to impact on their properties. Councilmember Malone indicated in the past, if there was a walkway people will use them, but he expressed mixed feelings regarding the walkway. He indicated perhaps an easement compromise would help. Councilmember Malone indicated a parking ban on the street would be okay. He indicated the speed limit would most likely remain the same. MOTION: Keirn moved and Malone seconded a motion to adopt Resolution #95-28, Determining Assessed Cost of Improvement and Ordering Preparation of Proposed Assessment Roll in the Matter of County Road F Street Improvements of 1995. Mr. Craig Wilson inquired as to why if the project costs were reduced, the assessment did not go down. Mr. Stonehouse indicated the assessment per foot did not change due to the amount being based upon a typical street improvement, not necessarily this specific project. I I. I I I I I I I Ie I I I I I I I I- I ARDEN HILLS CITY COUNCIL - Anrill 0, 1995 15, '. Ms. Sally Jones, 1695 Crystal, indicated the residents were not opposed to the parking ban. Ms. Jones inquired as to the action Council had taken. Mayor Probst indicated the Council accepted bids and ordered an assessment hearing to be set. He also indicated Council will direct Mr. Stonehouse to provide additional configurations before ordering actual construction. Ms. Jones indicated regarding the walk, the impact of the width of an eight foot walk is one concern of residents, but also in reference to the snow removal, the maintenance of this walk is a concern. The motion was passed unanimously (5-0). ADMINISTRATOR COMMENTS Mr, Fritsinger indicated he had completed the interviewing process for a City Planner, resulting in three finalists, He indicated he had offered the position to the number one and number two applicants, who both declined and number three was not a comfortable choice for Mr. Fritsinger. Mr, Fritsinger indicated he would be advertising the position once again with a new pay range. He indicated he had offered the position to the applicants with the additional pay and they still declined. Mr. Fritsinger indicated that staff has responded to Everest with a square footage figure and is waiting for a response. Mr. Fritsinger indicated the extension has been received from DOER by the City regarding Pay Equity. COUNCIL COMMENTS Councilmcmber Hicks indicated a letter received from Mr. Richard (Dick) Roesser noting his resignation from the Public Works and Safety Committee. Councilmernber Hicks requested a formal letter of appreciation be sent out. Mayor Probst indicated this position would be open. Councilmember Hicks indicated an additional member was resigning, so two positions on that committee would be available. Councilmcmber Malone requested that staff review the Aiken drainage issue. Mr. Fritsinger indicated that he and Mr. Stonehouse had discussed this item during a staff meeting earlier and will be meeting with Mr. Aiken. I I. I I I I I I I I- I I I I I I I Ie I ,AlIDEN HILLS CITY COUNCn, - AnrillO. 1995 16 Councilmember Aplikowski indicated various groups concerned about the TCAAP property have been meeting, and they had contacted her. She indicated that she has suggested they meet with the established Task Force, so as not to create additional confusion. Councilmember Aplikowski indicated a resident inquired as to the county park near County Road E. Mayor Probst indicated this is on the County Parks proposal for improvement. Councilmember Keirn indicated that Mr. Fritsinger inquired as to the direction regarding the availability of minutes for the public. Mr. Fritsinger indicated there is not a policy regarding this, and due to staffing issues and cost he would request direction from Council. Mayor Probst directed staff to review with other cities as to their policies. Councilmember Keirn indicated a reasonable time frame needs to be established for when the minutes are available. Mayor Probst indicated a meeting regarding the Arsenal Cleanup and Conversion Project was held. He indicated he applauded the effort, but expressed concern that this would continue to confuse the issue. He asked that the meeting be monitored and Council try to attend meetings as available. ADJOURN MOTION: Malone moved and Aplikowski seconded a motion to adjourn the meeting at 10:37 ,m. The motion carried nnanimously (5-0). NOTICE OF MEETINGS The next regular Council meeting will be held April 24, 1995, at 7:30 p.m., at New Brighton City Hall.