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HomeMy WebLinkAboutCC 06-26-1995 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 COUNCIL MEETING JUNE 26, 1995 7:30 P.M. - NEW BRIGHTON CITY HALL CALL TO ORDERlROLL C.A{;L Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p,m. Present: Mayor Dennis Probst; Councilm.embers Dale Hicks, Paul Malone, and Susan Keirn (Councilmember Keirn arrived at 7:34 p.m.), Absent: Councilmember Beverly Aplikowski, Also present were: City Administrator, Brian Fritsinger; Planning Coordinator, Kevin Ringwald; City Attorney, Jerry Filla; City Engineer, Greg Stonehouse; City Accountant, Terry Post; and Recording Secretary, Ruth McLaurin. ADOPT AGENDA MOTION: Malone moved and Hicks secondeq a motion to adopt the revised agenda for the June 26, 1995 City Council meeting as presented. The motion carried .manimously (3-0). PUBLIC HEARING - 1995 STREET MAINTENANCE IMPROVEMENT PROJECT ASSESSMENTS. Mayor Probst declared the Public Hearing opened at 7:32 p.m, Mayor Probst reviewed the process observed during a Public Hearing. He noted first there will be a presentation by the staff regarding the project, the Council will then ask questions and make comments, then the public will have an opportunity to ask questions and make comments. City Administrator Fritsinger verified proper publication and notification of the Public Hearing in the Focus on June 7 and 14, 1995, and mailed notification was sent on June 15, 1995. Councilmember Keirn arrived at 7:34 p.m. City Engineer Greg Stonehouse introduced himself to the audience and briefly reviewed the project. He used overhead transparencies to explain the project. Mr. Stonehouse explained the program referred to as the Ramsey County Functional Consolidation Program, This program indicates the roadways turned from State responsibility to County I I. I I I I I I I Ie I I I I I I I I- I ,ARDEN IDLLS CITY COUNCIL - JUNE 26, 1995 2 responsibility; and County responsibility to City responsibility. During this program, 80.63 miles will be turned over from the County to various cities. This turnback gives cities an opportunity to reconstruct roadways that would not have been scheduled for reconstruction by the County for a number of years. Mr. Stonehouse pointed out in regards to Arden Hills, the County is turning back to the City 3.80 miles of roadway. Mr. Stonehouse indicated in regards to the City's ability to assess for improvements, it is stated in the Minnesota State Statute 429, Apportionment of Cost, the City is able to assess benefitting properties. Mr. Stonehouse noted this benefit is based on increase in property value and not on use. Mr. Stonehouse did point out that residents noting their objections in writing tonight, do have 30 days from the date of the close of the Public Hearing to file an appeal in District Court. Mr. Stonehouse indicated the Arden Hills Assessment Policy which is specific to residents of Arden Hills, stated that owners pay for improvements of streets adjacent to their property. The assessment rate is based on residential, commercial or tax exempt property use. Mr. Stonehouse reviewed reconstruction costs, overlay costs, and assessment rates for each type of project. He indicated there are various sources that contribute to fund the projects, such as: Minnesota State Aid, County Road Tumback funds, City funds (Storm Water Management, etc.) and Property Assessments. Mr. Stonehouse reviewed the Assessment Schedules. He noted those properties assessed $3,500 or less will have a schedule of five years and those assessed over $3,500 will have a schedule of eight years to pay the assessment. He cited an example of an amortization schedule for a sample assessment of$3,250. Residents will also have the option of prepaying assessments without interest, ifpaid within 30 days of the close of the Public Hearing. Mr. Stonehouse indicated the cost of the project and the amounts paid by each source for the 1995 Street Improvements Project. Specifically the project cost has been projected to be $460,000. Mr. Stonehouse indicated the assessment rates for reconstruction would be $31.95 per lineal foot and for overlay $4.00 per lineal foot. Mr. Stonehouse addressed some specific issues of the project: o!< The reconstruction rate for Stowe Avenue has been set at $31.95 per lineal foot which is less than the previously estimate of$32.50. I I. I I I I I I I Ie I I I I I I I Ie I ,ARDEN HILLS CITY COUNCIL - JUNE 26, 1995 3 >l<Property at 1575 Edgewater had been assessed for a previous overlay project three years ago and recommended it be removed from the assessment roll. >I< He recommended Lametti Circle be deleted from the project and rescheduled for a later date. >I< Property at 3140 Shorewood Drive, with revised calculations to reflect 100 front footage, based on similar lot sizes, due to two-thirds of the parcel being within Little Lake Johanna Mayor Probst inquired ifLametti Circle is removed from the project, will the City see a reduction in project cost Mr. Stonehouse indicated that would be correct, the bid of Valley Paving, Inc. reflected a cost of $360,008.80 for the total project. Mayor Probst invited the audience to address the Council at this time, he reminded everyone to state their name and address for the record. Mr. CliffBnjoId, 1134 Hunters Court, indicated only four homes within Hunters Court are being assessed for the project, but the project benefits all 12 homes the same as his property. He indicated Benton Way is the only access to Hunters Court and Walden Place, He believed everyone in Hunters Court should be assessed, since everyone benefits from the overlay. Mr. Bujold also requested the maintenance program of the City be reviewed. He noted if past maintenance had been done, such as sealcoating, he felt the road may have not needed extensive work. Mr. Bujold indicated the reasoning behind asking to assess all properties, is because similar to the Homeowner's Association, all properties are benefitting from the overlay project. Per request, Mayor Probst read a written objection to assessment by Mr. Kynng Lee, 3132 Shorewood Drive, provided to the Council at the beginning of the meeting. The objection noted the assessment of $720 to be higher than those properties surrounding this parcel, and unfair. Mr. Frank Schreiber, 1116 Benton Way, indicated he had received a notice dated June 15, 1995, the notice was full of legal language, but was unclear as to the actual improvements to be done. He noted in the future he would like more notice and more clear language in regards to actual improvements. Mr. Schreiber inquired, if Lexington Avenue would be improved, who would be assessed for this improvement. Mayor Probst indicated the properties adjacent to or abutting Lexington Avenue would be assessed. I I. I I I I I I I I- I I I I I I I .- I ARDEN HITLS CITY COUNCIL - JUNE 26. 1995 4 , Mr, Schreiber inquired ifhe would be assessed twice. Mayor Probst indicated the potential would be there. Councilmember Malone noted for clarification, the Assessment Policy does recognize previously paid assessments. He noted there is a formula used regarding a property that is surrounded by two streets. The example Councilmember Malone gave was if the property had 100 feet on each street (200 actual front footage), the property would be assessed for only 100 feet, in other words it would be the sum of the front footage divided by two. The City does recognize special circumstances regarding properties. Councilmember Malone noted in similar cases such as properties on County Road F, some properties had been assessed previously for earlier improvements and those assessments were deducted from the overall assessment for the new project. He also noted the property addressed earlier, 1575 Edgewater will be removed from the assessment roll for similar reasons. Ms. Melve wmi..m~, 3355 Lake Johanna Boulevard, indicated, after addressing the Council, that she would prepare her questions in writing. Mr. Bob Hopkins, 1183 Benton Way, inquired if the entire Hunters Park Homeowners Association will be assessed. Mayor Probst indicated that would be correct. Mr. Stonehouse indicated based on the policy of previously assessed areas, the entire length of street benefitting the Hunters Park Association was taken, then divided among each unit, including the common area. Mr, Hopkins inquired if Hunters Court and Walden Place were included. Mr. Stonehouse indicated the two public street cul-de-sacs were left out of the calculation. Mr. Stonehouse in response to Mr. Hopkins question, indicated the properties abutting Benton Way, on Hunters Court would be assessed. Mr. Hopkins inquired if there is a list of assessments available. Mr. Stonehouse indicated there is a list available at City Hall. Mayor Probst explained that Benton Way is an overlay project. Mr. Stonehouse indicated that was correct, only Benton Way is currently proposed for improvements. He noted if in the future Hunters Court and Walden are improved, the properties abutting those streets will be assessed. Mr. Steve Olson, 1961 Jerrold Avenue, lives on a dead end street and inquired as to how far down the street the improvements will be. He noted the road is not very old in front of his home. Mr. Stonehouse indicated the improvements would extend all the way to the cul-de-sac. . .. . . . . . . . .. . . I I I I I .- . ,MWEN HILLS ClTY COUNCIL - JUNE 26, 1995 5 Mr. Olson felt the money could be better spent on other streets that are in more desperate need of improvements. He believed since the road had been constructed just 10 years ago, it is not in disrepair, Mr. Jim Marshik, 1976 Jerrold Avenue, inquired as to who decides which streets are to be improved. Mayor Probst explained the procedure in which Staff and the City Engineer review all streets of the City every three years and features are looked at and rated on a scale from 0- I 00. Streets in the 90+ range are scheduled for sealcoating; in the range from 69-89 are scheduled for overlay; and in the range of 69 and below are scheduled for reconstruction. Mayor Probst indicated there is a limited budget for street maintenance and there is an attempt to prioritize the streets based on the budget and geographical areas. So, if there is an opportunity to do a collection of streets in one area, it is more beneficial to improve that collection rather than work all over the City. He noted it is a combination of all these factors. A recommendation is given by staff to the City Council and the City Council makes a decision regarding the work to be done. Mr. Marshik inquired as to how a rating is established. Mr. Stonehouse indicated the road is reviewed, various factors are entered into a computer program, such as: potholes, degree of cracking in the street, etc. and the computer program produces the rating. Mr. Marshik believed there was nothing wrong with the street and he asked what point was there in fixing a road where there was nothing to fix. Mr. Stonehouse explained the purpose of the improvement was to rehabilitate the street and maintain it, preventing additional deterioration and future extensive repairs or replacement. Mayor Probst explained the purpose of the program. Mr. Marshik felt the program was wrong, including the way in which streets were identified for repairs. Mayor Probst indicated there are three potential categories of improvements. He noted there are approximately 30 miles of street within the City and it cost approximately $ I ,000,000 per mile to reconstruct a street. He noted sealcoating has proven to extend the life of a street. Mayor Probst pointed out the City felt it was in the best interest of the Community to assess $4 per lineal foot for overlay and preserve the street for an additional 10 years rather than doing nothing to the street, running the risk of reconstruction in three or four years at $32.50 per lineal foot plus inflation. The Mayor indicated from a policy standpoint the City Council is trying, on the citizen's behalf, to do a pavement management program which allows the City to maintain the greatest number of streets at the least amount of cost. I I. I I I I I I I I- I I I I I I I Ie I ,bRDEN HILLS CITY COUNCIL - JUNE 26. 1995 6 Mr. Marshik believed the policy is incorrect and needs to be reviewed. Mr. Ed Kosse, 1865 Stowe Avenue, indicated the comment was made that the County would not have improved the street for a number of years. He indicated if the City had not taken the street back, the County would have repaired the street and residents would be driving on a new street as of May of1994. Mr. Kosse inquired as to the time of assessment Mayor Probst indicated there is a 30 day period from the close of the Public Hearing in which residents may pay the assessment without interest If residents choose not to pay during that 30 days, the assessment (one-fifth or one-eighth) will be on next year's property tax, Mr. Kosse inquired as to why the taxes are assessed prior to the completion of the project. He believed the residents are not guaranteed the work will even be completed by this year, yet they are required to pay the assessment now. Mayor Probst indicated this policy was adopted in 1990, Councilmember Malone indicated typically the assessment hearings would be held in March. Mr. Kosse indicated that would mean additional months before actual completion of the project, he did not agree with that method either, Councilmember Malone indicated there are several ways in which to approach the establishing of assessments. He noted because the assessments have been established, in Arden Hills, at a flat rate and do not change, it was decided to assess at the time of the project He pointed out if the project comes in over budget, the difference is the responsibility of the City. Councilmember Malone indicated that if the assessment was made after completion of the project, the assessment would be for the actual cost of the project. He explained the City chose to avoid the variable rate, making the City responsible for variable costs. Mr. Kosse indicated a building is not paid for before it is built and he believed this should apply to street improvements. He requested the policy be reviewed. Mr. Bob Porter 1128 Benton Way, did not feel adequate notification was given. He pointed out 41 properties of the Homeowners Association were not notified until June IS, 1995, and were not notified of prior meetings. He indicated 27 other properties were previously notified. Mr, Porter pointed out various complex situations regarding the Homeowners Association. He felt these issues should be raised, but because of short notice, the residents did not have the opportunity to see project details and ask questions. He inquired if the Council could postpone action on assessments, so residents just recently notified could gain information regarding the details of the project. He felt it would be unfair for this meeting to be the only opportunity to object to the project, prior to District Court, I ., I I I I I I I I. I I I I I I I I- I ,ARDEN HILLS CITY COUNCIL - JUNE 26, 1995 7 Councilmember Hicks questioned if residents were notified of the informational meetings regarding the 1995 Pavement Improvement Project. Mr. Stonehouse indicated those in Hunters Park which abut the property were notified. He indicated at the meeting it was decided to assess the entire Association. Mr. Stonehouse indicated there has not been any additional informational meetings since that decision, Mr. Fritsinger indicated there were discussions held at the informational meeting whether the entire Association should be assessed or just the properties which abut Benton Way, At that time the engineer was directed to review previous assessments, and how they had been handled in similar situations. The engineer reviewed the case of Arden Hills Townhomes Association, which was assessed a number of years ago and applied the same principles as in that case. But Mr. Fritsinger pointed out, at the time of the last hearing those properties had not yet been added, CounciImember Hicks inquired if the City is potentially assessing more residents. Mr. Fritsinger indicated that was correct Mr. Tom Harkness, 1123 Benton Way, indicated he had attended the first meeting and provided Staff with a list of properties in the Association, yet Staff did not notify the property owners. He did not ask for those properties to be assessed. Mr. Frank Pistotnik, 1163 Benton Way, indicated Hunters Park Association is comprised of independent single family homes, and communication must be made to each property owner, not to the Association. Mr, Pistotnik inquired if there will be any additional assessments to the Association for this overlay project. Mayor Probst indicated when originally discussed, it was thought that the homes were individually parceled, but the fact is they are not and there is what is considered common space. Assessments then were based on the total length of street which abuts the entire development, this is multiplied by four, and divided by the number of homes within the project. He indicated in terms of this overlay project that this would be the only assessment. Mr. Jeff Sjobeck, 1175 Benton Way, indicated he was confused and inquired if this project assessment included Harriet Avenue. Mr. Stonehouse indicated Harriet is included in the project. Mayor Probst indicated if the resident's property abuts Harriet, the assessment would include this improvement. Mr. Dick Fregeau, 3280 New Brighton Road, inquired as to the formula for property with frontage on two streets. Councilmember Malone indicated on a comer property, the formula would be the length of the short side, plus one-third the length of the long side. He gave an example where a 150 I I. I I . . . . . .- . . . . . . I .- . ARDEN HILLS CITY COUNCIL - JUNE 26. 1995 8 feet (long side) plus 90 feet (short side) would be 50+90=140 front footage assessed. He noted there is a five year limit in which the property can use this formula Mr, Fregeau inquired, if one street is a County Road, would the County still take this formula into consideration. Councilmember Malone indicated the County would assess through the City, so the City would take this into consideration. Ms. Alan Pixler for Nancy Levine, 1926 Stowe Avenue, indicated the letter her mother received was very confusing. She inquired as to whether a triangular piece of the property was part of the assessment. Mayor Probst indicated it would be based on the legal description. Ms, Pixler indicated it is odd shaped double lot and she inquired if200 feet is appropriate. Mayor Probst indicated if it is a double lot, potentially 200 feet would be appropriate. Mr. Stonehouse verified the triangular portion of the parcel is within the right of way and would not be assessed. Ms. Pixler indicated her mother is recently widowed, she inquired as to who to speak with regarding an appeal application based on recent deaths, Mayor Probst indicated she would contact City Administrator Brian Fritsinger, Ms. Pixler indicated she would like to have seen more notice of the Hearing and the language of the notice easier to read. Councilmember Malone indicated because of State requirements, the City must send a legal document to notify residents of the Public Hearing. He noted at the Public Hearing itself, staff and Council are able to explain the details of the project. Ms. Jolene Sazma, 1909 Stowe Avenue, indicated at a previous meeting a Councilmember stated the residents do not pay enough taxes for what is received. Ms. Sazma indicated she was offended by that statement. Ms, Sazma indicated she has been aware of the improvements to Stowe Avenue, since April of 1994. First, she heard about improvements by the County and now by the City, yet nothing has been done, and only now the residents are being assessed for the improvements, Ms. Sazma expressed concem for paying taxes plus interest for improvements that should have been done long ago. She indicated she would like justification as to the assessments and why the citizens do not pay enough, She also indicated she would like to review the accounts of the City. Ms. Sazma indicated she did not feel comfortable with the City charging interest on the taxes, she felt the City was trying to act like a credit card company. I I. I I I I I I I I. I I I I I I I I- I ARDEN HILLS CITY COUNCIL - JUNE 26. 1995 9 Mayor Probst explained why there has not been work done as of yet. He indicated the County had previously rated Stowe Avenue very low, and in need of reconstruction, but the street was not a high priority for the County. The County planned on doing what is called a cold in place and recycle improvement, similar to improvements made to Cleveland. He noted Cleveland is now in need of repairs after only three years. He also pointed out, by accepting the County turnback without the repairs, the City is able to receive funds from the County to aid in the payment of the improvements. Mayor Probst explained the construction did not move quickly because one half of Stowe is within Arden Hills and one half is within New Brighton. He added New Brighton is not ready to do their improvements until 1997, therefore, the City felt it a wiser investment to wait to do the improvements until now, so the street would not be tom up when New Brighton does their improvements and drainage work. Mayor Probst indicated in regards to taxes, Arden Hills is ranked as having one of the lowest city tax rates in the entire Metro area. Mayor Probst explained the overall $1,500,000 general assessed taxes collected is for the budget of the entire City, $150,000 of which is for pavement management. He indicated this $150,000 does not go far compared to the $1,000,000 per mile it costs to reconstruct a street He indicated the only way in which to create the additional funds necessary is to assess the property owners who will benefit. Mayor Probst indicated the Council felt it more fair if property owners were assessed for their street rather than collect a general tax where the citizen does not actually see where the taxes go or the benefit. He noted the taxes would have to increase by 100% to cover this method. Mayor Probst invited Ms. Sazma to look at the City records at anytime. He noted to have all records available, she might want to make an appointment, although it was not necessary. Ms. Wilma Kuhn, 1120 Benton Way, indicated she was one of the 41 property owners not notified until June 15, 1995. She indicated it would be a hardship for her to pay the assessment and feared she would have to sell because she could no longer afford to live in Arden Hills. Ms. Kuhn indicated the Association is also raising costs and the combination of City taxes and Association fees will cause her to sell. She indicated she would have appreciated more notice. Ms. Beyrl Tanis, 1165 Benton Way, reiterated the lack of proper notice. She also indicated the letter she received was very confusing. Ms. Tanis inquired as to how the community can become more involved in the business of the City. She felt the community did not understand the process of the City, because they were not involved. I I. I I I I I I I Ie I I I I I I I I. I ,AJIDEN JULLS CITY COUNCIL - JUNE 26, 1995 10 Mayor Probst indicated in regards to the late notice, he could only apologize, In regards to the improvement, the overlay would consist of the street being ground down and two inches of asphalt laid over the top. Mayor Probst indicated there are various committees that have openings where residents could feel more a part of the process. Mayor Probst stated that the process of notification has to be reviewed, because it is obviously not working. Mr. Ron Jacobs, 1897 Stowe Avenue, questioned the series of events. He indicated in May of 1994 he received notices from the County regarding improvements, then nothing happened. He noted the cost of improvements have gone from $0 to $2,200 in assessments. He inquired how the decision to reconstruct the road benefited him. Mayor Probst indicated the City feels it is a wiser investment to reconstruct a better street that will also last longer, than a merely satisfactory street that will need to be replaced in a short period of time. He believed these long term savings to be a benefit to the residents, Mr. Jacobs inquired as to why an overlay was not done, like the County was proposing to do. Mayor Probst indicated it was a decision based on research of recycled resurfacing such as Cleveland, where an overlay was done by the County only a few years ago and now is in need of repair. The City felt it was a wiser option to reconstruct the street now when additional funding would be available and the road would then be of a higher quality. Mr. Jacobs believed that Cleveland is in fine condition. He indicated initially the residents were to get a satisfactory road with no assessment, or l11inimal assessment, and now they are getting a bill for $2,200 with no ability for input. Mr. Jim Peterson, 1917 Stowe Avenue, indicated he was confused as to the actual improvements, he questioned if new curb and gutter would be added and if additional repairs will be necessary in 10 years. Mayor Probst indicated Stowe will be taken up, new concrete curb and gutter would be put in, a 32 foot wide brand new street constructed, and storm sewer installed to help deal with issues regarding New Brighton improvements in 1997. Mr. Peterson inquired if he would be paying for storm water and sewer for that portion of road. Mayor Probst indicated no. . ., . . . . . . . .e . . I . . . I .e I ,ARDEN HILLS CITY COUNCIL - JUNE 26. 1995 11 , Mr. John Tholen, 1143 Walden Place, indicated he is one of four homes assessed on Walden Place. He believed the other 12 homes not assessed are receiving the same benefit of the improvements to Benton Way as he is and should be assessed. Mr. Tholen indicated for the last eight years there has been no maintenance on the street. He believes if work had been done to preserve the street, these current improvements would not be necessary. Mr. Tholen inquired if there would be a final bill. Mr. Fritsinger indicated there would be a final notice similar to the first notice, but there would not be an invoice or bill. Mr. Tholen inquired as to why he is being assessed. Mr. Stonehouse indicated according to the Assessment Policy, abutting properties may be assessed. Mr. Tholen inquired as to the assessment formula for comer lots. Mayor Probst indicated it would be the length of the short side of the property, plus one-third the length of the long side of the property. Mr. Tholen inquired if the other 12 homes would be assessed. Mayor Probst indicated if improvements are made to other streets they would be assessed, but it can be a point of discussion. Mr. Frank Schreiber, 1116 Benton Way, indicated he believed that if the City is using the policy of charging all the homeowners in Hunters Park for improvements to Benton Way, the same should apply to all homeowners on the other two cul-de-sacs. He recommended all the homeowners on the cul-de-sacs should be assessed. Mayor Probst indicated the streets within the development are private streets, Hunters Court and Walden Place are public streets and have the potential to be assessed. Mayor Probst indicated the fundamental difference is the ownership, the common areas are joint ownership, also the difference between private and public streets. Mayor Probst noted the entire length of street that abuts the property in Hunters Park is taken and multiplied by $4 per linear foot and divided by 68 homeowners. Mr. Ron Jacobs, 1879 Stowe Avenne, inquired ifit was too late to stop the assessments, and to hear the report of experts regarding the two improvement methods. He indicated he wanted to know if the overlay improvement could be done instead of the reconstruction. Mayor Probst indicated the assessment portion could be taken out and more information given regarding the details of the project, with the project still moving forward. Mr. Stonehouse indicated a feasibility study had been done to review the comparison of reconstruction versus overlay and the decision of the consulting engineers was to recommend the I I. I I I I I I I I- I I I I I I I I. I ,ARDEN HILLS CITY COUNCIL - JUNE 26. 1995 12 reconstruction, constructing a street that would last for 25 years, instead of an overlay that would last maybe three years. Mr. Jacobs indicated he is looking at value. Mr. Stonehouse indicated last year the cost was $29.50 per lineal foot, now the cost is $32 per lineal foot, but the quality of the road is much higher and will last much longer. Mr. Bob Porter, 1128 Benton Way, felt there are still outstanding issues regarding the Hunters Park Homeowners Association, Mayor Probst indicated the Council could authorize the assessment and hold additional informational meetings regarding the details or the Council could delay moving forward. Mr. Porter indicated he could not speak for the Association, but he would like to delay the assessments, but not the construction of the improvements. He indicated there are issues to be addressed regarding capital improvements and the Homeowners Association. Mr. Porter also felt there were outstanding issues regarding notification of all the properties within the Hunters Park Association. He felt an informational meeting for those residents would be beneficial, Ms. Alana Pixler, for Nancy Levine, 1926, Stowe Avenue, inquired as to how much property will be lost with the improvements. Mr, Stonehouse indicated the street will be constructed within the current street, there could be minimal disturbance by the City contractor of six inches on each side of the street. Ms. Pixler inquired if there will be notification, should the property owners need to remove sprinkler systems, or if landscaping will be disturbed. Mr. Stonehouse indicated if the sprinkler system is within the right of way, the residents will be notified that it is their responsibility to relocate, but if the sprinkler system is within the property line there should be no concern, because the improvements do not extend that far. Mr. Stonehouse noted if property is disturbed, it will be resodded or repaired. Ms. Pixler asked about the appeal process. Mr. Filla indicated a written objection would need to be filed by the property owner before the close of the Public Hearing and then the owner would have 30 days to file in District Court. Ms. Pixler inquired if she could make that request on her mother's behalf, since she was unable to attend the meeting. Mr. Filla indicated it must be the property owner. I I, I I I I I I I I- I I I I I I I I. I ,ARDEN IDLLS CITY COUNCIL - JUNE 26. 1995 13 , Ms. Pixler inquired if she could submit the objection later in the evening. Mr. Filla reiterated the objection would need to be presented prior to the close of the Public Hearing, which could end momentarily. Ms. Pixler indicated she would leave to try and locate her mother. Mr. Earl Johnson, 1160 Benton Way, expressed concern for the type of work to be done on Benton Way, he noted previously the road was just oiled and "buck shot" placed on the top. He added in the winter all the sand was plowed up onto his yard. Mr. Johnson indicated the residents should be told what they will be charged, it is unclear in the letter received. He also felt two weeks was not proper notification of assessment Mr. Johnson felt he was paying for roads he never uses and would prefer the funding go to putting up a stop sign on Pine Tree Drive. Mayor Probst indicated a fonnal sign request should be made to the Public Works and Safety Department and is a separate issue from the assessment hearing. Mr. Johnson indicated he realized the sign issue was separate, he just felt it was more important to him, than roads he never uses. Ms. Sandra Schaar, 1932 Glenpaul, inquired as what they will be doing to Prior Avenue. Mayor Probst indicated Prior Avenue will receive an overlay. Ms. Schaar inquired as to payment of the assessments. Mr. Post indicated a resident has 30 days to pay in full to avoid interest He also noted there will be five years to pay the assessment Mr. Post indicated the County will accept any amount as a prepayment if done prior to November 15th each year, but the City will only accept prepayment amounts not less than 50%. Mr. Jim Peterson, 1917 Stowe Avenue, inquired as to how much the total assessment will be over the five year payment He also asked how long will the project take. Mr. Peterson indicated there has been tragic loss of life in the Levine family and resented the comments made to Ms. Pixler by the City Attorney. Mr. Filla apologized, but indicated he only stated the requirements that the objection needs to be presented before the close of the public hearing. Mr. Peterson suggested there could be a motion made to postpone the hearing to accommodate her or some type of exception made, to recognize her circumstances. Mr. Filla indicated he did not know the direction the Council would take, he was just stating the requirement I I. I I I I I I I Ie I I I I I I I .- . ,ARDEN I::IILLS CITY COUNCIL - JUNE 26. 1995 14 , Mayor Probst indicated the assessment is $31.95 per linear foot plus 8% interest per year on the balance. CounciImember Hicks indicated a rough estimate would be to take haIfthe total assessment multiplied by 8% and then multiplied by five. A resident inquired about application for those residents over 65. Mr. Post indicated there is an application available at the City Hall and application for deferment is made to the City Council. The resident inquired if the application had to be made that evening. Mr. Post indicated it could be made at a later date. Mr, Stonehouse indicated the project, if it proceeds as scheduled, would start mid-July and be completed by mid-September or approximately 45-60 days. He noted there would be disturbances to the traffic, but there will be access for emergency vehicles. He indicated the contractor will attempt to limit disturbances to driveway accesses during peak hours. Mr. Anthony Bozouri, 1167 Benton Way, inquired as to what department is responsible for notification of the residents. Mayor Probst indicated the City Administrator would be responsible. Mr. Hozouri believed two weeks time is a very short period of notice. Mayor Probst indicated two notices prior to the Public Hearing should have been received and they were published in the newspaper. Mayor Probst indicated before closing the Public Hearing he would like to address a few issues. CounciImember Malone suggested a brief recess might be in order, Mayor Probst called a recess at 9:50 p.m. Mayor Probst reconvened the meeting at 10:00 p.m. Mayor Probst indicated based on the recommendation of Council, the Public Hearing will be closed, but Ms. Nancy Levine of 1926 Stowe Avenue will be given two additional days to file a written objection with the City, subject to the understanding she will not be able to use this as an issue for appeal. Mayor Probst also indicated the assessments in regards to Benton Way will be pulled from the assessment roll, but the work will be ordered. Mayor Probst closed the Public Hearing at 10:02 p.m. subject to the exception of 1926 Stowe Avenue. I ., I I I I I I I I~ I I I I . I . .- I ~EN HILLS CITY COUNCIL - JUNE 26. 1995 15 CounciImember Hicks indicated in regards to the western portion of Jerrold Avenue, even though there is a difference of opinion regarding the necessity of the work, it is the opinion of the Engineer and staff that this road is in need of repair based on the research done by staff. MOTION: Hicks moved and Malone seconded a motion to adopt Resolution 95-50, Adopting Final Assessment Roll-Eight (8) Years. Councilmember Malone questioned if before passing the resolution, if it should be amended to exclude 1575 Edgewater. After brief discussion CounciImember Hicks withdrew his previous motion. Councilmember Malone inquired as to any other properties in question. Mr. Stonehouse noted the property at 3140 Shorewood Drive. He indicated although there is no means within the Policy by which to reduce the assessment, it would be reasonable to reduce the assessment footage to 100 feet Council indicated the assessment would be adjusted based on the recommendation of the City Engineer, but the general appeal would not apply and should be denied. Mr. Stonehouse noted the property of 3132 Shorewood Drive was assessed as a comer lot, which is within the Assessment Policy, Mr. Filla also noted an objection from Mr. Holden of 1881 Beckman Avenue. Mr. Stonehouse indicated this lot is an odd shaped lot and he had explained to Mr. Holden the formula and Mr. Stonehouse believes this is in accordance with the policy. MOTION: Malone moved and Hicks seconded a motion to deny written objections of: Leland J. and Brenda J. Holden, 1881 Beckman Avenue, Kyung and Seong Lee, 3132 Shorewood Drive Thomas & Jeanne Berger, 3140 Shorewood Drive 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 nnRnimously (4-0). MOTION: Malone moved and Hicks seconded a motion to amend the Assessment Roll removing: Fred & Sylvia Berndt, 1575 Edgewater Avenue, all properties on Lametti Circle, all properties within the Hunters Park Homeowners Association from the Assessment Roll. The motion carried nnRnimously (4-0). I I. I I I I I I I I. I I I I I I I Ie I .ARDEN HILLS CITY COUNCIL - JUNE 26. 1995 16 Adoot Resolution 95-50. Adoptinl!: Final Assessment Roll - Eight (8) Years. MOTION: Hicks moved and Malone seconded a motion to adopt Resolution 95-50, Adopting Final Assessment Roll, Eight (8) Years. CounciImember Keirn commented that she still did not feel roadways turned over from the County should be assessed similar to other streets, but since County Road F will be assessed to be fair she will vote in favor. The motion carried unanimously (4-0). Adopt Resolution 95-51. Adopting Final Assessment Roll-Five (!ij Years. MOTION: Hicks moved and Malone seconded a motion to adopt Resolution 95-51, Adopting Final Assessment Roll-Five (5) Years. The motion carried unAnimously (4-0). Adopt Resolution 95-46. Establishinf;! Assessment Rates. MOTION: Malone moved and Hicks seconded a motion to amend Resolution 95-46, reflecting a Commercial Assessment Rate of $47.00. The motion carried unAnimously (4-0). Setting of Public Hearine MOTION: Malone moved and Hicks seconded a motion to schedule an Assessment Hearing on July 31,1995 at 7:30 p.m. to consider assessments for the 1995 Street Improvement Program in regarding those properties within the Hunter Park Homeowners Association. The motion carried unAnimously (4-0). Mayor Probst indicated Hunters Park will be notified of the upcoming assessment hearing, all 68 homeowners will be notified. Mr. Bob Porter, 1128 Benton Way, requested the information regarding the details of the project be presented at this time also. Mayor Probst indicated there will be a presentation. Adopt Resolution 95-52. Accepting Bid and Authorizing Execution of Contract in the Matter of the Street Maintenance Improvements of 1995. MOTION: Hicks moved and Malone seconded a motion to adopt Resolution 95-52, Accepting Bid and Authorizing Execution of Contract in the Matter of the Street Maintenance I I. I I I I I I I Ie I I I I I I I I. I ,ARDEN lllLLS CITY COUNCIL - TIJNE 26. 1995 17 Improvements of 1995 with the exception of construction on Lametti Circle. The motion carried l1",mimously (4-0). Mr. Stonehouse indicated the anticipated start date would be July 15, 1995. Mr. Fritsinger indicated to residents there may be utility companies on the properties prior to July 15th, but they should notify residents individually. APPROVAL OF COUNCIL MINUTES June 12, 1995 Councilmember Malone had a few changes to page 10, paragraph one: he wished it to read "...possibility of construction on County and State roads was reviewed..." Page 10, paragraph two: "...in regards to the question of residents.." Page 10, paragraph three: "...it was determined that assessing per front foot would be..." Page I 0, paragraph four: "...obtaining funds to maintain all City roads solely through... " Page I 0, last paragraph, last sentence: "...He noted that the residents might relate this to the cost of remodeling a home, Mayor Probst noted a change to page 8, paragraph four: "...the County did m!! have a level 90 condition on the road, but in fact had identified it for reconstruction. but..." MOTION: Hicks moved and Keirn seconded a motion to approve the minutes of the June 12, 1995 regular City Council meeting as amended. The motion carried unanimously (4- 0). CONSENT CALENDAR A. C1aimslPayroll MOTION: Keim moved and Hicks seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried l1nanimously (4-0). PUBLIC COMMENTS Mr. Craig Wilson, 1677 County Road F West, indicated although he realizes the utility work is not the responsibility of the City, he wished to notify the City of the continued concerns regarding I Ie I I I I I I I .- . . I . I . I I- . ARDENJllLLS CITY COUNCIL - JUNE 26. 1995 18 , the gas company. (The Fire Department has responded in regards to gas leaks). He feels this is a problem the City needs to address. Mr. Wilson indicated there continues to be a concern for heavy traffic on the road even during construction, he suggested blocking off County Road F to control some of the traffic. Mr. Wilson indicated he had spoken with Mr. Stonehouse regarding landscaping. He asked Mr. Stonehouse if any of the landscaping would be in the way of the project Mr. Stonehouse had voiced no concerns, but now there are bushes and a stonewall that have been devastated. Mr. Wilson indicated ifhe had he been given notice, he could have removed the trees and wall without damage. Mr. Wilson indicated he was disappointed with the continued lack of notification. Mayor Probst took an opportunity to introduce the new City Planner, Kevin Ringwald and welcome him to the City of Arden Hills. He noted Mr, Ringwald was previously employed at the City of Coon Rapids. Mr. Ringwald stated he was looking forward to working with the City of Arden Hills. UNFINISHED AND NEW BUSINESS Adopt Resolution 94-45. Approvin~ Charitable Gambling Premises Permit Ap.plication. Earthstar Project. Ine. City Accountant Terry Post indicated at the last meeting Council tabled this item until further information could be obtained. Mr. Post indicated he now felt comfortable with the application of Earthstar, Inc. Councilmember Malone commented that if the applicant complies with all the requirements of the application, the City is in no real position to deny. He did express concern for the language of the ordinance. Councilmember Hicks indicated he would like information regarding how a fourth orlr-'ni:mtion can be justified. Mr. Post introduced Mrs. Goldie Seidow, owner of the Bingo Hall. Mrs. Seidow indicated at the time the Lions discontinued their charitable gambling, seven sessions were allowed for each organization, now ten sessions are allowed for each orgllni7ation. Councilmember Hicks inquired as to why three organizations could not do 21 sessions. Mrs. Seidow indicated there is the possibility of the three organizations taking all the sessions, but should something happen to one of the organizations, there would be serious financial concerns. I I- I I I I I I I I' I I I I I I I I' I ,ARDEN IllLLS CITY COUNCIL - JUNE 26. 1995 19 Mr. Bolin, representative of Earthstar, Inc., indicated they have presented their commitment to the City and noted they need this income to support their programs. Councilmember Malone inquired in regards to the ordinance, it only allows 18 occasions, but the State law allows 21 sessions. Mr. Post indicated according to our ordinance a session is defined as a four hour session, but this is not the same as the State requirement Councilmember Malone inquired if they would be able to get two sessions into one occasion. Mr. Post indicated that would be correct. Councilmember Hicks indicated the applicant stated the revenue is needed to support their programs. What do the other orgflni7.l1tiOns feel in regards to reducing their sessions? Mrs. Seidow indicated the organizations previously had only five sessions when the Lions organization was there. But the other orgllni".lItions would like to continue the additional sessions, until another organization comes in. Ms. Cynthia Stange, Chairperson of the 621 Foundation, indicated originally they were nervous about taking additional sessions, but they have a great manager, and currently everything is working great. She noted they would like to continue to work seven sessions. Ms. Stange indicated they had applied to the State for continuation of their license for the additional sessions. They are requesting this license to be acknowledged and supported by the City. Councilmember Keirn inquired if this application would be replacing the Lions. Mayor Probst indicated that was correct. Mayor Probst indicated ifhe was present when the origina1 decision for charitable gambling was allowed in Arden Hills, he would have been opposed. His personal opinion was that it was difficult to find a compelling reason for either approving or denying the permit. Councilmember Keirn indicated she did not feel it was the responsibility of the Council to establish if the market can support another organization. She felt if the applicant met the requirements of the application, the City does not have the right to deny the permit Councilmember Hicks indicated he basically agreed, but he felt an obligation to those already contributing to the City wide trade area. He noted he agreed it is not the responsibility of the Council, but if the opportunity for a fourth organization is not there, he would not want the action of the City Council to jeopardize those already in business, who are contributing to the community. Councilmember Keirn indicated it would be similar to the City refusing to let a SuperAmerica into the City because there was a Amoco station nearby. She did not feel it fair to refuse someone to become part of the community. I I. I I I I I I I I- I I I I I I I I- I ,8lIDEN IllLLS CITY COUNCIL - TIJNE 26. 1995 20 CounciImember Malone indicated he concurred with COlUlcilmember Keirn, but also understood CounciImember Hicks. He indicated it will be up to the manager of the Bingo Hall to establish the need for another organization. He pointed out if there is not a need the number of organizations will naturally go down to three. CounciImember Malone indicated it goes back to the specifics of the application and if requirements are met, the City needs to move forward. MOTION: Keirn moved and Malone seconded a motion to adopt Resolution 95-45, Requesting approval for Charitable Gambling Premises Pennit Application. The motion carried nn'mimously (4-0). Councilmember Malone requested staff review the ordinance to compare to the State requirements. Mr. Fritsinger indicated this could be part of the recodification process. TCAAP Update City Administrator Fritsinger indicated many things have occurred since the last Council meeting. The Task Force met once again and a strong comment came from the last meeting, indicated the reuti1ization should "look like the rest of Arden Hills", but it was hard to identify what that was. So the Task Force further suggested that it would be identified as "small town, safe and full of trees". Mr. Fritsinger indicated information was received from Congressman Vento's Committee, and various committees meeting regarding TCAAP. Mr. Fritsinger then indicated two clays were spent by the consulting team and Staff brainstorming and a map was developed with three to five concept plans proposed. He hopes these will be available for public comment on July 15th. Mr. Fritsinger noted the City received $20,000 in grant funds from Ramsey County for assistance in coming up with the reuse plan. Their only requirement is to have a representative attend the Task Force meetings. Mr. Fritsinger indicated Congressman Vento attended the last Reutilization Committee meeting on June 15th. He briefly summarized his goals for the Reuti1ization Committee. Mr. Fritsinger indicated the planning team met with the General Services Admini!ltration. They reaffirmed that they would work with the community and try to honor its plans for redevelopment. They also indicated they have not received or seen a formal request for a Casino by Prairie Island Sioux. Mr. Fritsinger indicated the Mayor and himself met with the American Indian Housing Corporation. The meeting's intent was to establish a relationship with them and indicated the City did not feel at I I. I I I I I I I Ie I I I I I I I Ie I .AROEN lDLLS CITY COUNCIL - nJNE 26. 1995 71 , this point the location would be proper for housing because of services to the area. Mr. Fritsinger indicated there will most likely be additional conversation in the future. Mr. Fritsinger indicated there were discussions regarding other base closures and how it would relate to TCAAP. There are approximately 12 other closures currently underway. Mayor Probst reiterated the meeting with the American Indian Housing Corporation was a good way to start the dialog with them. Mayor Probst indicated the next Reutilization Committee meeting will be pivotal, it will be, an opportunity for the City to present options and offer suggestions as to where Arden Hills reutilization would go. Mayor Probst also noted the Army has decided to establish a Restoration Advisory Board (RAB), including the four surrounding cities and St. Anthony. Each City is asked to nominate two representatives for the board, this board will address clean up issues and activities. ADMINISTRATOR COMMENTS 1994 Punch List City Administrator Fritsinger indicated there are a number of outstanding items on the 1994 Street Maintenance Improvement Project Punch List. He indicated the contractor has not yet returned to Arden Hills to complete remllining Punch List items. Staff is currently reviewing the contract to determine whether funds withheld from the contractor can be used to correct these problems, or billed back to the contractor. Theater Mr, Fritsinger indicated he had received a phone call from Community Theater in Mounds Views. They inquired as to the participation of the City. Councilmember Malone indicated he would not participate, as in years past. No other Councilmember offered to participate. Water Ban Mr. Fritsinger requested Council input in regards to water bans in surrounding communities and whether Arden Hills has previously used this water conservation technique. Councilmember Malone indicated there is no practical need for a water ban in Arden Hills, because of the source of supply.. But to sympathize with other communities, the City may want to consider it when necessary. I I. I I I I I I I Ie I I I I I I I I- I ,ARDEN HILLS CITY COUNCIL - JUNE 26. 1995 72 Councilmember Malone also inquired as to if Roseville will need assistance when they paint their water tower. Mayor Probst directed staff to review the water ban issue. Councilmember Hicks indicated a water ban would be appropriate if there was an area wide ban, but supply has not been an issue. Geese Problem Mr. Fritsinger advised recently the City has received complaints about geese, and those complaints in the past have been sent to the DNR but now the DNR has taken the position that it is the responsibility of the City to take care of the geese, Mr. Fritsinger indicated this could be an issue for the next budget. Apparently the Homeowners Association is committed to $1,000 per year for removal of geese near Lake Josephine. Public Works Superintendent Mr. Fritsinger indicated he had made an offer to an individual for the position and is expecting an answer on June 27th. If this individual accepts, he noted he would be able to start in two weeks. COUNCIL COMMENTS Councilmember Hicks inquired if the swimming pool at Arden Manor Mobile Home Park is opened. Mr. Fritsinger indicated no, but Mr. Ringwald might have more information. Mr. Ringwald indicated he had tried to contact the contractor, but has only received an answering machine. The contractor indicated once a competitive bid had been received, they would proceed with the repairs. Councilmember Hicks inquired as to when the pool opened last year, Mr. Fritsinger indicated it was August. Councilmember Hicks indicated August is not a reasonable opening date for the pool. He directed staff to aggressively address this issue. He feels the park manager is not treating the residents fairly. Mr. Fritsinger indicated the difficulties in this case, being there are 300 honseholds, and the revocation of the Special Use Permit would be difficult as it would displace these individuals. Councilmember Malone indicated in regards to the geese issue, the reason why the City has not previously addressed this issue, was due to the expense in the removal. I I. I I I I I I I Ie I I I I I I I Ie I , ' ARR.EN...I:ULLS CITY COUNCIL - IDNE 26. 1995 73 Mayor Probst requested that Mr. Fritsinger personally contact Mrs. Levine and notify her of the two day extension to provide written objection. He also requested Mr. Filla to personally contact her. Mayor Probst indicated at a future worksession the notification process should be discussed. He indicated although he felt the City is doing all it can to notify residents, it is clearly in need of improvement. Mayor Probst inquired as to the budget process. Mr. Post indicated the first draft will be available for the worksession on July 20th. Mayor Probst indicated he had attended an update on what happened in the recent Legislative Session with Mr. Fritsinger. He noted it was frustrating to listen to conversation, but on the positive side a letter from Senator Runback requested a discussion with the City. He asked if Council wished this to be scheduled for a future worksession. ADJOURN Keirn moved and Hicks seconded a motion to adjourn the meeting at 11: 1 0 p.m. The motion carried ,man;mously (4-0). Brian Fritsinger City Administrator NOTICE OF MEETINGS The next regular Council meeting will be held July 10, 1995, at 7:30 p.m., at New Brighton City Hall.