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HomeMy WebLinkAboutCC 06-12-1995 I I- I I I I I I I .e . . . . . . . .e . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 12, 1995 7:30 P.M. - ARMY RESERVE CENTER CALL TO ORDERJROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:33 p.rn. Present: Mayor Dennis Probst; c'unCilmembers Beverly Aplikowski. Paul Malone . and Susan Keirn. ' Absent: Councilmember Dale Hicks. Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Parks and Recreation Director, Cindy Walsh; City Attorney, Jerry Filla; City Engineer, Greg Stonehouse; Consulting Engineer, Terry Mauer; and Recording Secretary, Ruth McLaurin. ADOPT AGENDA City Administrator Fritsinger indicated one addition to the agenda: Resolution 95-46 regarding establishing assessment rates for commercial, tax exempt and residential equivalent rates for street reconstruction. Mayor Probst indicated this item would be before item 3.a MOTION: Malone moved and Aplikowski seconded a motion to adopt the agenda for the June 12, 1995 City Council meeting as amended. The motion carried nnanimously (4-0). PUBLIC HEARING - COUNTY ROAD F RECONSTRUCTlONPROJECf ASSESSMENTS Adopt Resolution 95-46. Establishing the Assessment Rate for Commercial. Tax Exempt and the Residential Equivalent Rate for Street Reconstruction. Mayor Probst opened the Public Hearing for County Road F Reconstruction Project Assessments at 7:33 p.m. City Administrator Fritsinger verified proper publication and notification in the ~ on May 30, 1995 and June 6, 1995 with certified mailing to residents on May 24, 1995 and regular mailings on May 25, 1995. I I. I I I I I I . .. . I I I I I I I- I ,AlIDERI;IILLS CITY COUNCIL - JUNE 12, 1995 2 Mayor Probst reviewed the process of a Public Hearing. He noted there would be a presentation to the Council and Staff: with comments and questions from the Council, and then the Council would receive comments and questions from the audience. Mayor Probst requested only new information or comments be made by the audience. Consulting Engineer Terry Mauer reviewed a number of issues outside the actual reconstruction. Mr. Mauer first addressed the issue of the Ramsey County Consolidation or what is referred to as the turnback of County road to municipalities. Mr. Mauer indicated there will be 80 miles of roadway turned back from the State to Ramsey County and 43 miles of roadways will be turned over to municipalities. He indicated this will result in a net gain of 37 miles of roadways for Ramsey County. Mr. Mauer noted in Arden Hills there will be 3.8 miles that will be turned over by the County to the City. Mr. Mauer indicated the turnback does make sense in the long run. He noted the County, by their own admission, would have not been able to reconstruct County Road F and would possibly have done a recycle and overlay of the road. This procedure would have not lasted very long. Mr. Mauer also indicated if the road was not reconstructed at the time of the turnback, Ramsey County funds would not be available. Also reconstruction makes MSA funds available. Mr. Mauer pointed out the City is allowed by State Statute 429.051 to assess any benefitting property. He noted although the word "benefitting" is confusing, the City Council bases the assessment on the increase in value to the property. Mr. Mauer noted all appeals will have 30 days from the date action is taken by the City Council. Mr. Mauer reviewed the Arden Hills Assessment Policy and its definitions using overhead transparencies. He noted the City would be contributing with MSA funds, taxes from utilities and storm water mR"Rgement funds and County monies. Mr. Mauer indicated the funds identified as MSA funds are, of course, only a portion of the MSA funds available. He noted additional projects will be in need of MSA funds in the future. He noted if all the funds were to be used for this project, it would reduce the City's ability to do other projects such as Highway 96 improvements. Mr. Mauer presented examples of previous projects regarding assessments and odd shaped lots. He noted the actual rate has risen each year. I I. I I I I I I I I. I I I . . . . .- . ,ARDEN IDLLS CITY COUNCIL - JUNE 12. 1995 3 Mr. Tavernier requested to return to this transparency during public comments. Mr. Mauer indicated the Assessment Schedule, identifies any assessment under $3,500 having a schedule of five years and any assessment over $3,500 having a schedule of eight years. He indicated the interest start date will be July 12, 1995 or a 30 day period from the date the assessment roll is established. Mr. Mauer reviewed the amortization schedule and indicated it was similar to any installment loan. City Engineer Stonehouse reviewed the specific issues regarding the reconstruction of County Road F. Mr. Stonehouse indicated the feasibility estimate was $1.2 million and the construction bid was $1,150,000. Mr. Stonehouse indicated the project would be funded from multiple sources: MSA (12%), County Road Tumback funds (35%), City (29%) and Property Assessments (26%). Mr. Stonehouse identified some specific properties in regards to assessment formulas, due to odd shapes: a) Tavernier properly, 247 feet, the assessment of $8,030 will remain due to the potential for a lot split b) Woo property, shallow lot method, 158 feet will be assessed footage. c) Jones property, recommended 180.46 feet assessed. d) Pham property, recommended 130 feet assessed. e) Wallace property, recommended 94.5 feet assessed. City Administrator Fritsinger asked for clarification of the front footage cost Mr. Stonehouse recommended $32.50 per front foot for residential, $44.00 per front foot for commercial property and $66.75 for tax exempt property. Mayor Probst inquired as to bids received for Stowe Avenue. Mr. Stonehouse indicated the bids came in at $31.92 per front foot. Mayor Probst invited the audience to ask questions or comment at this time. I I. I I I I I I I I- I I I I . . . .e . ,ARDEN HILLS CITY COUNCIL - JUNE 12. 1995 4 Mr. Paul Tavernier, 1651 County Road F West, inquired as to whether the fund distributed would be fixed or variable. Mayor Probst indicated the monies received from the County is a fixed number, the other funding areas have a potential to be somewhat variable. Mayor Probst indicated although the funds from MSA is somewhat variable, there will be eight additional projects upcoming, totaling approximately $1,000,000 in County projects that the City must plan for in terms of possible cost participation. Mr. Tavernier questioned if the assessments are based on use or on benefit Mayor Probst indicated the use of the property is identified in the zoning of the property, this property is zoned Residential. The assessments are based on benefit. City Attorney Filla commented that Mr. Mikael Benttondorf has reviewed the project, and after a general appraisal, believes the benefit supports the assessment in regards to increase in value of the properties. Mr. Howard Vander Wyst, 1716 County Road F West, did not believe the increase in value to his home would meet or exceed the assessment levied on his property. He found it hard to believe the City could assess $3,000 for a non residential street. Mr. Huy Pham, 1761 County Road F West, also did not believe the reconstruction to be beneficial. He is against the high assessment to his property. Mr. Greg Jones, 1691 Crystal Avenue, believed there was an error in the arithmetic of the calculations of the project. He believed the City has an opportunity to assess differently. He noted in comparison with other communities he felt the assessments were unfair. Mayor Probst noted in speaking with the Mayor from Mounds View, they are establishing assessments at two-thirds cost of the improvements, instead of one-half cost of the improvements, as is the case in Arden Hills. Mr. Ken Schacht, 1683 County Road F West, expressed concern for the cost of the project. He didn't believe residents should be levied so harshly. He believed the principles of the City have been fragmented. Mr. Schacht said the County indicated they would resurface the road before the turnback, but the City refused and wanted the road reconstructed. Mr. Schacht indicated he did not believe the residents should pay for a road that is not a purely residential road, but a residential/commercial roadway. Mr. Schacht did not feel he was the only benefactor to the reconstruction. Anyone who may travel the road is a benefactor and the cost of improvements should be spread over all those who benefit. I I. I I I I I I I I. I I I I . . . .e . ,ARDEN HILLS CITY COUNCIL - JUNE 12. 1995 5 Mr. Schacht believed he was asked to pay an unjustified amount. Mr. Schacht expressed concern for the speed and traffic, once the road is widened. Mrs. Billie Schacht, 1683 County Road F West, expressed concern that the gas company was already digging in the neighborhood without notification. She indicated she had approached the work men and they were confused as to the location of the road center line. Mrs. Schacht expressed concern the City is being taken advantage of because of the improper work being done. Mr. Oscar Lund, 4057 Fairview Avenue North, indicated he would like to see speed bumps, or some type of traffic control, if possible, to prevent misuse of the road. Mr. Lund indicated he supported all the previous comments made by his neighbors. He believes the assessment amounts are too excessive. Mr. Lund appealed to the City Council to review the project carefully. He indicated he already had the expense of moving his underground sprinkler system. He expressed concern that he had not yet been contacted as to the area on his property that would be disrupted. Mr. Craig Wilson, 1677 County Road F West, believed the neighbors are not the only benefactors and feels the cost should be distributed among the community. Mr. Wilson indicated there should be restrictions placed on the road for traffic safety. Mr. Wilson indicated as a consumer, the residents are in actuality buying the road; he does not believe there is a cost benefit present. . Kristine Wilson, 1677 County Road F West, believes the residents would feel more comfortable with a 26 foot wide road and resurfacing would have been enough. She believes the cost to be extreme. Mr. Terry Voss, 1755 County Road F West, indicated before purchasing his home he contacted the City and spoke with former Public Works Superintendent Dan Winkel. He noted that Mr. Winkel had informed him of the potential improvements to County Road F and had estimated the cost of the project to be very similar to his assessment. Mr. V 055 indicated he had not been notified in the first mailing, and did contact Mr. Fritsinger who went over to his home during lunch to provide him with the information. Mr. Voss expressed concern that the interest rates for the assessment were too high, he felt 4% would be more reasonable. I I. I I I I I . . .- I I I I . . . .- I ,ARDEN HILLS CITY COUNCIL - JUNE 12. 1995 6 Mr. Voss also expressed concern for the wide street and traffic from the high school. He indicated he has contacted the sheriff regarding traffic and graffiti on the road signs and he believes the area needs to be safer for all. Mr. Voss indicated he would have preferred the walkway to be left in the project, but realized his opinion was too late. Ms. Dorothy Raetz, 1703 County Road F West, inquired as to the cost of the road, and did not understand how the $32.50 per front foot had been established. Mayor Probst indicated this assessment was based on the cost of reconstruction of a "typical" residential street Ms. Raetz inquired if the cost of a resurface would have been less. Mayor Probst indicated that would be correct, but the quality of the road would also be less. Mr. Brad Kinner, 1745 County Road F West, indicated he also wished the walkway would have been added. Mr. Kinner indicated he did not believe there was enough benefit to his property to cover the cost of the assessment. Mr. Paul Tavernier, 1651 County Road F West, believed the residents were being charged for a typical residential street without receiving the benefits of a typical residential street. Mr. Tavernier indicated he believed County Road F is a community connector and the primary function of the road is for the bus company and school. Mr. Tavernier suggested the residents along a commercialfmdustrial road be assessed by a different formula, and that the entire community be required to pay a larger portion. Mr. Gaius Harmon, 1661 County Road F West, indicated he also did not believe the improvement would increase the value ofhis property. Mr. Harmon stressed that the traffic speed restrictions should be enforced. Mr. Larry Parker, suggested the structure of communications between residents and the City should be worked on. He believed the residents presented their feelings and concerns, but the Council has not really responded to them. Mr. Dennis Zollinger, 1700 County Road F West, indicated the City Engineer believes this reconstruction will provide longer life of the road. Mr. Zollinger inquired if this project would be similar to Snelling and Lexington; would the residents be assessed for improvements again in 10 years. I I. I I I I I I I I- I I I I I . . .e . ,AR..QEN HILLS CITY COUNCIL - JUNE 12. 1995 7 Mr. Zollinger indicated the wider road provides more opportunity for traffic concerns, especially collisions. Mr. Zollinger felt the City should not have taken the road considering its condition. Mr. Zollinger indicated he did not feel the value of his home will improve to the degree of the assessments. Mr. Zollinger indicated if the COlmcil does not see the necessity in reducing the assessment, he will take the appeal to the next level. Mr. Zollinger inquired if there should be an Environmental Impact study done regarding the drainage. Mr. Zollinger indicated the residents should be assessed based on an average lot size, and all residents that benefit should pay a portion. Mr. John Stenglein, 1785 County Road F West, introduced his son Justin, who had been involved in three separate near miss incidents with vehicles driven by high school students. Mr. Stenglein indicated he supported all the previous comments of the residents. Mr. Stenglein inquired if the efforts of the residents were futile, or is there a possibility of a reduction of assessments. Mayor Probst indicated that the Council is allowed to modify the assessments. Mr. Stenglein inquired who would pay if there were to be a change order during construction. Mayor Probst indicated the City would pay. Mr. Stenglein inquired, if the walking path is added later, will the residents be assessed for that separately. Mayor Probst indicated the design of the reconstruction allows for a walkway, but the cost is unknown. Mr. Don Tix, 1770 County Road F West, indicated the heavy use of the road continues, even with the beginning of construction. Mr. Insixiengmay, 4055 Valentine Avenne, indicated he is unable to even use County Road F to access his property, due to no left turn. Mr. Insixiengmay inquired as to why he would be assessed for 106 feet, when 95 feet had been surveyed. Mayor Probst indicated the letter noted the maximum he may be assessed. I I. I I I I I I I I. I I I I I I . .- . ARDEN HILLS CITY COUNCIL - JUNE7p. 1995 8, Mr. Cliff Aamoth, 1748 County Road F West, indicated he supported all the comments previously made by the residents. Mr. Aamoth indicated the County had offered to resurface and the City refused. Mr. Aamoth indicated he felt the reason the road is in need of reconstruction was due to the buses and heavy traffic from the high school. Mayor Probst indicated the County did not have a level 90 condition on the road, but in fact had identified it for reconstruction, so they decided to do a recycle and resurface. This would not have addressed the drainage issues and the life cycle would have been very short. The resurfacing may have bought some time, but the funds from the County would not have been available when it came time to improve the road. Mrs. Schacht inquired as to who will oversee the project. With various digging going on, how do the residents know when someone will be on their property and if they are in the correct area. Mr. Mauer indicated in regards to the utility companies such as the gas, electric, phone or cable; they are not responsible for their actions when they are within the right of way. Mr. Mauer indicted they would make a note to make sure to contact them and review their actions. Sharon Turgeon, 1777 Venus Avenue, inquired as to how the $32.50 per front foot assessment was established. She indicated she did not want this amount to set a precedent for future improvements. Ms. Turgeon felt the Bus Company should pay approximately $80 per front foot and the School pay $60 per front foot. Ms. Sally Jones, 1691 Crystal Avenue, indicated she felt it was hard to believe this improvement would create $5,000 additional curb appeal, or increase value to her home along the backyard. Ms. Jones felt a per lot assessment would have been more appropriate. Ms. Jones noted a flyer with the phone numbers of the project inspector and other important numbers regarding the project. She indicated each resident should have received one. Mr. Tavernier indicated according to the cost and funding summAry presented earlier, the cost has gone down by $70,000. He inquired as to where the reduction appears. Mr. Stonehouse indicated the estimate included curb and gutter for the entire road and now there will be a section of the road without curb and gutter. He noted the cost of the improvements did not actually go down, but some of the variable funding referred to earlier was affected. . I. . . . I . . I .e . I I . . I I .e I MDEN HILLS CITY COUNCIL - JUNE 12. 1995 9 Mayor Probst indicated the assessed amount still remains to be based on reconstruction of a "typical" residential street. In 1994 this was $29.50 per front foot, but with inflation the assessment is estimated at $32.50 per front foot. He noted bids for Stowe Avenue have come in for $31.92 per front foot. Mayor Probst reiterated the fact the Council is trying to be responsible with funding available, such as MSA funding. There are future projects that have to be considered. Mr. Tavernier indicated he is also trying to be responsible for his family, he believed this was an extreme sacrifice for his family. He questioned what was fair in this instance. Mayor Probst indicated the Assessment Policy was established to pay for the 30 miles of street in Arden Hills, with the understanding that eventually every property will be assessed for improvements. He indicated he realized this will not be easy, but other property owners have faced the same assessment issues. Mr. Pham indicated as the City likes to prepare for expenditures, so too, do the residents. He indicated he wished there would be more time to prepare for the expense. A resident suggested the Assessment Policy be revised and the consideration of County Road turnbacks be addressed as special circumstances. Mr. Parker indicated the Assessment Policy is only a guide. He indicated the residents are seeking acknowledgement of the actual use of the road as commercial and not residential. Mr. Schacht inquired as to the life of the road. Mr. Mauer, indicated by the textbook, it would reflect a life of 20 years, but with maintenance he believed the life of the road would be longer. Mr. Tavernier inquired if all prior appeals still apply. Mayor Probst indicated that was correct. Mayor Probst closed the Public Hearing at 9:25 p.m. Councilmember Keim indicated in regards to the special circumstances of the County Road turnback, she suggested the monies received from the County should reduce the City and Residential obligation. Councilmember Malone indicated he was there when the Assessment Policy was established and many options were explored during the drafting of the Policy. He indicated a per lot formula was reviewed, but there was a problem with the definitions oflots. He noted in Mr. Tavernier's case the lot would be multiplied by four to establish the assessment on a per lot basis. Councilmember Malone continued, the per front foot was established as the best formula to establish assessments. I I. I I I I I I I I- I I I I I I I Ie I ,ARDEN HILLS CITY COUNCIL - JUNE 12. 1995 10 , Councilmember Malone indicated the possibility of construction on County and State roads was reviewed and taken into consideration during the drafting of the Assessment Policy. Councilmember Malone indicated in regards to the questions of residents paying or the City paying, the resident pays regardless, by City Tax, Gas Tax, County Assessment, etc. Councilmember Malone indicated in drafting the Assessment Policy, it was determined that assessing per front foot would be the best and most fair way to pay for an improvement. When an assessment is paid, the money goes for the improvement of the street near their home. Councilmember Malone indicated in regards to obtaining funds to maintain all City roads solely through general taxes, the City would have to double property taxes, but the resident would not have control over the spending of the monies. Councilmember Aplikowski thanked all the resident who attended the meeting. Councilmember Aplikowski indicated her homes have always been on a comer lot, and her business pays taxes twice, so she realizes the costs and sympathizes with the residents. Councilmember Aplikowski indicated if there was reconstruction to her street she also would pay the rate of $32.50 per front foot. Councilmember Aplikowski recalled desires of the community to improve County Road F, because it was the "gateway" to Arden Hills. And now the residents do not want improvement because they have to pay for them. Councilmember Aplikowski indicated Arden Hills does not bond for such projects and believes the assessment procedure is the best and fairest way to cover the costs of the improvements. Councilmember Aplikowski indicated she was willing to listen to a reduction of the assessment rate. Councilmember Malone indicated he would like to address the objections stated during the public comments: City pays versus residents pay. He indicated the assessment is based on benefit received, and is based on a typical residential street. The assessments have normally always been in the $30 range. Comparison with other communities. He noted every community is different, some assess more and some assess less. I I. I I I I I I I .. I I I I I I . .e . ARDEN HILLS CITY COUNCIL - JUNE 12. 1995 11 Question of benefit. He indicated there is an accrual of benefits any time there are capital improvements. He noted that the residents might relate this to to the cost of remodeling a home. Speed/traffic concerns. He indicated this does not speak: directly to assessments. Principles; resurfacing versus recoustruction. He pointed out the Mayor has addressed the fact there would be reconstruction of this road in five to six years. This was a judgement call on behalf of the City. Charging Ryder Bus Company and the School higher rates. He indicated they are already paying higher rates than the residential rate. He also pointed out the School is funded by residents. Cost of other streets. He noted the assessment rate is the same. Questious as to guarantee of the road. He noted there is only a one year warrantee on the road construction. He also pointed out that the lowest bid was accepted and this is a trade off. He again reminded residents the County realized the need of reconstruction, but chose to resurface because of monies. Environmental issues. He indicated although normally the watershed district is not involved, in this case there were drainage issues. He noted the Rice Creek Watershed District has reviewed and approved the plans regarding reconstruction. Councilmember Malone hoped he had addressed all the objections. Mayor Probst indicated it is mandated to have watershed approval if there are drainage issues. Councilmember Malone indicated that in 1986 there were discussions regarding the Hamline Avenue assessments, but no assessments were levied. He indicated this was the basis for establishing an Assessment Policy, because the cost to the City was between $600,000 and $800,00 at that time. Mayor Probst commented regarding speed and traffic issues, the City will continue to work with the Sherifl's department. He noted there is only one officer for the City. The City will continue to also communicate their concerns to the high school. Mayor Probst indicated the contractor is responsible for the work of the project, not the City and information regarding phone numbers will be forwarded to residents. Mayor Probst hoped the Council had addressed all the issues of the residents. He indicated the Council does not wish to seem adverse to the residents, but Council needs to remember what is fair for the entire community. I I. I I I I I I I .- I . I I I I I I- I ,ARDEN lllLLS CITY CO~CIL - JUNE 12. 1995 q Mr. Filla noted the City Council will need the specific addresses and names of the filed appeals. Mayor Probst requested a recess at 9:50 p.m. Mayor Probst reconvened the meeting at 10:05 p.m. Mayor Probst inquired if all the appeals fall into an amount category. Mayor Probst indicated the assessment rate should be established first, before the appeals are accepted or denied. Councilmember Malone inquired if the amounts are accurate, or if there is any evidence that changes should be made to the commercial or tax exempt rates. Mr. Stonehouse felt the amounts were accurate. MOTION: Malone moved and Aplikowski seconded a motion adopting Resolution 95-46, Establishing the Assessment Rate for Commercial of $44.00 per assessable front foot; Tax Exempt of $66.75 per assessable front foot; and Residential of $31.95 per assessable front foot. Councilmember Aplikowski questioned if there was any way in which the Council could reduce the rate of residential under $31. Councilmember Malone indicated after receiving bids for Stowe Avenue, he felt the amount was in line. MOTION: Aplikowski moved to amend the motion to show $31.00 per assessable front foot. Motion failed for lack of a second. Mayor Probst indicated for the benefit of the residents, he realized this was not the response they desired, but the rate was based on bids received for Stowe Avenue. He indicated the Council has struggled with this issue, but feels this is fair to the entire community. Councilmember Aplikowski concurred with the Mayor and believed this is best for the community. The motion carried unAnimously (4-0). MOTION: Malone moved and Aplikowski seconded a motion to deny the "Lack of Benefits" objections of: Paul & Bev Tavernier 1651 W. Co. Rd. F, Gaius E. Harmon Jr. 1661 W. Co. Rd. F, Paul S. Wallace 1779 W. Co. Rd. F, HuyPham 1761 W. Co. Rd.F, Mr. J. Dennis Zollinger 1700 W. Co. Rd. F, Donald & Karen Ciske 1708 W. Co. Rd. F, I I. I I I I I I I .e I . I I . I I I- I ARDEN HILLS CITY COUNCIL - JUNE 12. 1995 13, Carl & Phyllis Hosler 1724 W. Co. Rd. F, Lawrence & Karen Parker 1814 W. Co. Rd. F, Oscar & Linda Lund 4057 Fairview Ave. N., Cliff & lone Aamoth 1748 W. Co. Rd. F, Mr. & Mrs. Kenneth Schacht 1683 W. Co. Rd. F, Bernard & Betty Blasczyk 4050 Fairview Ave. N., Carl E. Wilson 1741 W. Co. Rd. F, Gregory & Sally Jones 1691 Crystal Avenue, Craig & Kristine Wilson 1677 W. Co. Rd. F, Mr. James Borg 1812 Janet Court, Katherine R. Crichton 1700 V alentine Ave., Terrence & Mary Voss 1755 W. County Rd. F, Donald & Leila Tix 1770 W. Co. Rd. F, John & Gloria Stenglein 1785 W. Co. Rd. F, Minnesota Highway Patrol1995 Co. Rd F, Edward Woo 3988 Glenview Avenue, Chant Ting and Hieu T. Insixienmay 4055 Valentine Ave, Mr. & Mrs. Walter Bieger 1689 W. Co. Rd. F, Dorothy Louise Raetz 1703 W. Co. Rd. F, Howard & Joyce Vander Wyst 1716 W. Co. Rd. F, Brad B. & Beth Kinner 1745 W. Co. Rd. F, Judith A. Weigel 1732 W. Co. Rd. F, and Gerald D & Elizabeth A. Garski 1795 W. Co. Rd. F. to the proposed assessments for each of their lots based upon the City Appraiser's Conclusion and the judgement of the City Council, that the benefits accruing to each of the parcels equal or exceed such proposed assessments. The motion carried (3-1, Councilmember Keirn opposed). City Attomey Filla directed residents to file their appeals within 30 days in District Court. Adopt Resolution 95-34. Adopting Final Assessment Roll- Eight (8) Years. MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution 95-34, Adopting Final Assessment Roll, Eight (8) Years. The motion carried (3-1, Councilmember Keirn opposed). Adopt Resolution 95-37. Adopting Final Assessment Roll- Five (5.) Years. MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution 95-37, Adopting Final Assessment Roll, Five (5) Years. The motion carried (3-1, Councilmember Keirn opposed). I I. I I I I I . . .. . . . I . . . I- I .AR.J)EN lllLLS CITY COUNCIL - JUNE 12. 1995 14 , Councilmember Aplikowski inquired if there were other terms of appeals. Mr. Filla noted those appeals denoting hardship can contact the City for appropriate forms. Mr. Fritsinger indicated those property owners would be contacted. APPROVAL OF COUNCIL MINUTES May 30, 1995 Councilmember Malone requested change to page four, paragraph two,"...100% neighborhood " ead" 1000/ . . " support... , to r :... 70 petition... Councilmember Malone noted a change to page eight, paragraph seven, the first dollar amount of $379,000 should be $377.000. and change $450,000 to $400.000. He also noted in the second sentence add after "... $450,000, that has been noted in recent memorandums, it..." Councilmember Aplikowski inquired as to page nine, the last paragraph, did Mr. Hicks want information regarding the irrigation of the fields; by consensus it was suggested to reword the sentence to read: "...regarding the mechanics of construction of ball fields in other communities." MOTION: Keim moved and Aplikowski seconded a motion to approve the minutes of the May 30, 1995 regular City Council meeting as amended. The motion carried unanimously (4-0). CONSENT CALENDAR A. ClaimslPayroU MOTION: Malone moved and Aplikowski seconded amotion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). PUBLIC COMMENTS Mr. Craig Wilson, 1677 County Road F West, in reference to the reconstruction of County Road F, expressed concern regarding notification from the utility companies. There was a power surge causing expenses to his business, because oflost computer information. He noted the reconstruction is already costing him money that the City will not reimburse and the City is requesting assessments also. Mr. Wilson also expressed concern regarding the gas company's confusion as to where the center line is located. He believed this was very disturbing to have companies digging and destroying I I. I I I I I I I I- I I I I I I . .- . ,ARD~ HILLS CITY COUNCIL - JUNE 12. 1995 15. property without knowledge of what they were doing. He suggested current maps be in hand and someone available to answer questions. Mr. Wilson indicated he would prefer to have advance notice from any other utility companies, such as the telephone company, as to when down time or work will be done on their lines. Mayor Probst inquired if notification could be improved. Mr. Stonehouse indicated although they have no control over the outside utility companies, he will continue to circulate a flyer noting all the pertinent numbers regarding construction. Mrs. Billie Schacht, 1683 County Road F West, also expressed concern for the gas company. She did not feel the company was placing the gas line properly. An unidentified resident indicated the cost of the reconstruction of County Road F should be distributed among the entire community since it is not used as a typical residential street. Councilmember Aplikowski pointed out the community will be paying for a portion of the reconstruction, and taxes are collected from all residents. She also indicated the residents moved to the area with the knowledge of the road and the area. Mr. Ken Schact, 1683 County Road F West, expressed concern that in 10 years the road will need reconstruction again and the residents will be asked once more to pay for it. If this should happen, he felt the assessment policy should be reviewed. Mayor Probst indicated in terms of distributing the cost of the project across the community, the community is already contributing $800,000 towards the cost of the project. He indicated, although he realizes the actions of the Council are not satisfactory to the residents involved, as members of the City Council it is their responsibility to serve the interests of the entire community. Mayor Probst pointed out a resident living on any other street to be reconstructed, would pay the same rate as the residents of County Road F. There have been examples of communities where the assessment is less and there are communities where the assessments are more. The City of Arden Hills felt this to be the most appropriate and fair solution. Mr. Oscar Lund, 4057 Fairview Avenue N, inquired if there was consideration to burying the electrical lines. Mr. Stonehouse indicated discussions have been held with NSP, but they do not wish to bury the lines. Councilmember Malone commented that if the lines were to be buried, NSP would bill the City for the cost and this would approximately double the cost of reconstruction. Mayor Probst inquired if the City could force NSP to bury the lines. Mr. Stonehouse indicated he would investigate this option. . .. . . . I . I I .- I . . . . . . .- . ~EN mLLS CITY COUNCIL - JUNE 12. 1995 1~ Mrs. Schact indicated she wanted it known for the record, she never complained about the potholes in the road. She noted this slowed traffic down and she felt it made it safer. UNFINISHED AND NEW BUSINESS Adopt Resolution 95-44. Ordering The Pre>>aration of Plans and Specifications in the Matter of Arden Manor Water Main Improvement Project. City Administrator Fritsinger indicated at the last Council Meeting, this item was briefly reviewed. Mr. Fritsinger indicated this Resolution is a result of discussion with representatives of Federal Cartridge Corporation who will enter into a contract with Arden Manor to abandon their existing wells and pay for them to connect to municipal water. Mayor Probst inquired if there will be any cost to the City. Mr. Fritsinger indicated it was his understanding that there will be no cost to the City. MOTION: Malone moved, and Keirn seconded a motion adopting Resolution 95-44, Ordering the Preparation of Plans and Specifications in the Matter of the Arden Manor Watermain Improvement ofl995. The motion carried unllnimously (4-0). Adopt Resolution 95-45. Approving Charitable Gambling Premises Permit A,ppIication Earthstar Project. Ine. City Accountant Terry Post briefly reviewed the application. The City was informed by the Gambling Control Board this spring that the Shoreview/ Arden Hills Lions Club had disbanded and that their Class A gambling license and premises permits were, accordingly, revoked. The Lion's Club had been conducting bingo operations at the Pot-O-Gold bingo hall and pull tabs at McGuires/RlImllo:JlI Inn. Mr. Post noted the Council has previously taken action in the form of adopting Resolution 95-32 which approved a premise permit for the St Mary's Romanian Orthodox Church to conduct pull tab operations at the McGuires!Rarnada site. Mr. Post indicated the matter before the Council is to consider approving a premise permit to Earthstar Project, Inc. to conduct bingo operations at the Pot-O-Gold facility. Mr. Post provided a brief background of the application process. He noted Earthstar Project formaIly initiated the application process by providing the City with an executed lease agreement with the Bingo Hall, a completed Minnesota Lawful Gambling Premises Permit Application, and payment ofa $100 Investigation fee on April 2, 1995. I I. I I I I I I I I- I I I I I I I I. I ,AlIDEN HILLS CITY COUNCIL - JUNE 12. 1995 11 Mr. Post indicated on May 15, 1995, the City received additional information from the organization as required by ordinanCe. Upon review of this information, a May 16, 1995 letter was sent to the organization which highlighted concerns staffhad in the area of satisfYing the trade area spending requirement. Mr. Post indicated staff received on May 18, 1995, an amended support information from the organization. The internal affordable housing initiatives program was deleted in this revision. Mr. Post indicated in light of the fact that Earthstar Project, Inc. is not a localltrade area based organi7Sltion, the trade area spending plan needs to be more definitive than has been submitted thus far. Mr. Post indicated the Council may wish to ask questions of the representatives of the applicant present at the meeting. Mr. Perry Bolin indicated the applicant's intent to fully comply with the City's requirements. Mayor Probst inquired if there is a limit to Charitable Gambling Permits in the City. Mr. Post indicated currently there are three Bingo Operations in the City with the opportunity for one more operation in this classification. Mayor Probst indicated the only information the Council has regarding Earthstar Project, Inc. was contained in the Council packet. He noted previously the City had a bad experience with a Gambling Operation and is now very cautious during the application process. CounciImember Malone commented the City has learned the bard way through previous experiences, that this process is the only opportunity the City will have to check all avenues and prevent any future concerns or problems. Councilmember Malone indicated the Council is looking for an agreement noting where the cash contribution will go. He noted currently the operators in the City are complying and the Council would be concerned with adding other operations that mayor may not comply. Mr. Post indicated each Class A operation is allowed seven maximum sessions per week at the facility, and with the loss of the Lion's Club, the operators have been allowed to hold ten sessions per week. Councilmember Malone indicated the Council would need specific verification of where the contributions to the trade area would be from the applicant. Mr. Bolin indicated it was their intent to identify this for the City and would clarify if necessary. He indicated contributions would be made to the Northwest Youth and Family Services. I I. I I I I I I I Ie I I I I I I I . I I ,ARDEN IDLLS CITY COUNCIL - JUNE 12. 1995 18, Ms. Sheila WhiteEagle, a board member from Earthstar Project, Inc., indicated the Trade Area had been reviewed. Ms. WhiteEagle indicated after research with area Native Americans, it was found there are no services available to them., so services are also needed, besides cash donations. Councilmember Keirn inquired ifEarthstar Project, Inc. had any other operations similar to this one. Ms. WhiteEagle indicated this would be the first Charitable Gambling Operation not on a Reservation, in the United States. Ms. WhiteEagle indicated there is a small group of Nursing Home residents who gather to play bingo for gifts, such as toilet paper, etc. which would be donated. Ms. WhiteEagle noted she had spoken with the community bingo operators and they had indicated an opening, which was the reason for the application for permit She indicated it was not their intent to take anything away from the current operations. Mr. Frank Belljohn, from St. Mary's indicated the current bingo operators do not want to continue to hold ten sessions and would welcome another Charitable Gambling Organization. He noted the list provided for donations in the Trade Area and none are located within Arden Hills. Mayor Probst suggested the application be held over until more definite language regarding the Trade Area contribution has been provided. Councilmember Malone commented the Council is looking for some guarantee that once a permit has been received, the applicant will comply with the Trade Area contribution. Mr. Bolin indicated it would be of benefit to them as the applicant to comply with the City in any way possible. Ms. WhiteEagle indicated there is nothing in the area for Native Americans, where they may obtain help and services. Ms. WhiteEagle indicated they are an organi7>ltion that is looking for help for their people not just for money. Ms. WhiteEagle indicated, allowing the permit, would speak well for the City, due to the fact this will be the first Bingo Operation off the reservation. Ms. WhiteEagle indicated they would be willing to work with any requirements, if the requirements are the same for anyone applying for the permit/license. Councilmember Malone indicated the Council is merely requiring reassurances that the compliance will be achieved. MOTION: Malone moved, and Aplikowski seconded a motion to table Resolution 94-45, Approving Charitable Gambling Premises Permit, Application Earthstar Project, Inc. I I. I I I I I I I Ie I I I I I I I. I I ARDEN IDLLS CITY COUNCIL - JUNE 12. 1995 19 until the June 26, 1995 Regular Council meeting. The motion carried (3-1, with Councilmember Aplikowski opposed.) Ms. WhiteEagle inquired as to the procedure, so they may clarify and correct any miscommunications. Mr. Post requested the applicants and he meet on June 13, 1995 to review any outstanding issues. TCAAP Caretaker Contract Discussion City Accountant Post indicated formal recommendation from staff will be forthcoming, but he wished to update the Council. Mr. Post indicated a new caretaker for the Arsenal property will be needed and the contract would be established for street maintenance, water and sewer maintenance and outside fence patrol. Mr. Post indicated the contract price would be fixed for one year, so he is continuing his research to provide accurate costs for the contract. Mr. Post commented also another consideration is for the need of a Plant Operator, the City currently has no certified Water Conditioning Operators. Mr. Post indicated the contract is also under review of the City Attorney for comments. Mr. Post indicated when staff is comfortable with the contract, he will present this item to the Council. Camiros' L TD Contract for Services City Administrator Fritsinger indicated the service agreement before the Council is a revised agreement from the one in the packet. Mr. Fritsinger indicated section "B" has been returned to the contract; page two, there has been a clarification of meetings the consultant is required to attend. Mr. Fritsinger indicated staff will utilize this executed contract to approach Ramsey County on June 13, 1995 to pursue the $20,000 in planning funds which may be available to the City. City Attorney commented on the contract and felt it was in proper legal form, but had a few questions. He inquired if there was a termination without canse clause in the document. Mr. Fritsinger indicated there is no such clause. Councilmember Malone inquired if there could, or is a cap to the fee paid out. Mr. Fritsinger indicated this could be identified. I I. I I I I I I I Ie I I I I I I I .e . ,ARDEN HILLS CITY COUNCIL - JUNE 12. 1995 2Q Mayor Probst inquired if paragraph G, page three could be modified to cover termination. Mr. Fritsinger indicated this would not be possible. Mayor Probst indicated a clause regarding termination without cause, and regarding hourly pay to a maximum, should be added to the agreement. Mr. Fritsinger indicated there is an ability to provide a one page preliminllry contract and continue to work on the full agreement. MOTION: Malone moved and Keirn seconded a motion to direct staff to execute the attached contract with Camiros and work with the City Attorney to finalize a formal contract subject to the addition: All services payable to $120,000 or hourly rate, whichever is less; and a Termination Without Cause clause. The motion passed unllnimously (4-0). National Guard SewerlWater Connection Reqnest City Administrator Fritsinger indicated this item has been ongoing. He noted the bids have been received at approximately $70,000 higher than expected. Mr. Fritsinger indicated the National Guard is looking for the City to pay for the oversizing of the piping. Mr. Fritsinger indicated the cost to the City is approximately $17,000. Mayor Probst indicated the City has discussed if the oversizing is due to the City's future development, the City would pay for that oversizing. Mayor Probst expressed concern regarding the high bids. Mr. Stonehouse indicated there were only two bids received and this could have inspired the higher bids. Mayor Probst indicated had this been a City project, there would have been a re-bid. Mr. Stonehouse indicated this would be correct, but the National Guard is anxious to have the project done in time for maneuvers in the fall. Councilmember Aplikowski inquired if the City refused, would this force the National Guard to re- bid. Mr. Post indicated no, the City's portion is immaterial to total project costs. City Attorney Filla indicated he had received a request from Mr. Bob Johnson, County Attorney, on behalf of the National Guard. Mr. Filla inquired as to a connection charge. Mayor Probst indicated this could be made subject to reaching an agreement on the connection. I I. I I I I I I I Ie I I I I I I I Ie I ,ARDEN HILLS CITY COUNCIL - JUNE 12, 1995 21, Mr. Post indicated there is still question if the 12 inch piping is required for fire service pressure. MOTION: Malone moved, and Aplikowski seconded a motion to authorize staff to enter into a Joint Sewer Water Project Agreement with the National Guard, with financial participation not to exceed $19,875, and subject to a separate connection charge agreement. The motion carried unanimously (4-0). Bethel College Tax Parcel Creation City Admini!<trator Fritsinger indicated this is a request from representatives ofBetbel College, that the City create a new tax parcel for the property containing the Seminary Village apartment buildings. This request would allow the lender, Northern Life Insurance Company, to utilize this parcel as collateral/security for a loan. Councilmember Malone inquired if the property came to foreclosure, would the City retain any control over the property. Mr. Filla indicated the City would have to stamp the deed and the City could attach conditions to the property. MOTION: Malone moved and Keirn seconded the motion to direct Ramsey County to create an additional tax identification number for the property identified by the College affecting the Seminary Village area The motion carried unanimously (4-0). ADMINISTRATOR COMMENTS City Administrator Fritsinger indicated he had a few items to discuss with the Council. North Heights Christian Aeademy Run Race Mr. Fritsinger indicated North Heights Christian Academy will be running a race. He noted no specific permits are required, but he wanted to notifY the Council of the mce. Mr. Fritsinger indicated the race will be monitored and will not interfere with traffic. Councilmember Aplikowski inquired if the neighborhood had been notified. Mr. Fritsinger indicated he was unsure, but could require the Academy to present the neighborhood with information and notification of the race. Public Works Superintendent Mr. Fritsinger indicated the applicant offered the position has declined, he will be going to another community with one-half the size, but more pay. July 6, 1995 Council Worksession Mr. Fritsinger inquired if the Worksession could be moved to 4:30 p.m. to discuss Union contracts. I I. I I I I I 1 1 IAt I I I I I I I I. I t\RDEN HILLS CITY COUNCIL. JUNE 12. 1995 22 MOTION: Malone moved and ApIikowski seconded a motion to set a closed City Council session for July 6, 1995 at 4:30 p.m. The motion carried ummimously (4-0). Public Works and Safety Committee Chair Mr. Fritsinger indicated this committee is still in need of a chair. Mayor Probst indicated Councilmember Hicks had recommended Arnie Delger and he has accepted. MOTION: Probst moved and Keirn seconded a motion to appoint Mr. Arnie Delger as chairman of the Public Works and Safety Committee. The motion was carried unanimously (4-0). Mr. Fritsinger noting the late hour suggested that additional comments be deferred to a later date. COUNCIL COMMENTS Councilmember ApIikowski inquired as to the TCAAP informational meetings. Mr. Fritsinger indicated the City is currently working with the Arsenal Cleanup and Conservation Committee. Councilmember ApIikowski indicated she would not be able to attend the June 26th meeting. AD.TOURN MOTION: Malone moved and Keirn seconded a motion to adjourn the meeting at 11 :55 p.m. The motion carried unanimously (4.0). ~ City Administrator e 's Mayor NOTICE OF MEETINGS The next regular Council meeting will be held June 26, 1995, at 7:30 p.m., at New Brighton City Hall.