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HomeMy WebLinkAboutCC 10-10-1995 I I. I MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING I TUESDAY OCTOBER 10,1995 7:30 P.M. - U.S. ARMY RESERVE CENTER I I CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City I Council meeting at 7:33 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, I Paul Malone and Susan Keirn. Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Public I Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; City Engineer, Greg Stonehouse; City Attorney, Jerry Filla; and Recording Ie Secretary, Ruth McLaurin. I ADOPT AGENDA MOTION: Aplikowski moved and Keim seconded a motion to adopt the agenda for the October I 10,1995 City Council meeting as revised. The motion carried unanimously (5-0). I PUBLIC HEARING Resolution 95-66. Vacating a Sanitary Sewer Easement I Community Development Director Ringwald verified publication of notice. I Mayor Probst opened the Public Hearing at 7:35 p.m. Mayor Probst indicated this item is directly related to item 7.e Planning Case 95-05 on the agenda. I He suggested continuing the Public Hearing after review of item 7.e. MOTION: Aplikowski moved and Hicks seconded a motion to continue the Public Hearing until I after item 7.e. The motion carried unanimously (5-0). .e I . .. ,AROEN HILLS CITY COUNCIL - OCTOBER 10,1995 2 . APPROVAL OF COUNCIL MINUTES . September 21, 1995 . Corrections: . Page I, under item 3c: "...matrixs', corrected to matrices Page 2, under item 3e: "Mayor Probst believes that the Ci1;y is in a strong position to support . the Plan recommended by the Arden Hills Task Force." be stricken and replaced with "Mayor Probst believes that the Arden Hills Task Force Plan is supported by the broader community." . September 25, 1995 I Corrections: .. Page 9, under TCAAP update, the first paragraph, last sentence add "...concluded...its work until such time that the Reutilization Committee has completed its Public Hearings." Page 9, under TCAAP, paragraph 4: delete. I MOTION: Keirn moved and Aplikowski seconded a motion to approve the minutes of the September 21, 1995 City Council Worksession meeting and September 25,1995 I Regular City Council meeting as corrected. The motion carried unanimously (5-0). I CONSENT CALENDAR A. NSP Peak - Controlled Electric Service Agreement . B. Claims and Payroll. Councilmember Malone inquired if the electrical service could be discontinued for the entire block . of 80 hours at one time. Mr. Post indicated he did not believe that NSP could discontinue service for the entire block of 80 hours at a time, but rather a portion at a time. I MOTION: Hicks moved and Aplikowski seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). . ,e . . .. ARDEN HILLS CITY COUNCIL - OCTOBER 10. 1995 3 . PUBLIC COMMENTS I Mayor Probst invited the audience to address the Council regarding any issues that were not on the . agenda. There was no public comment at this time. UNFINISHED AND NEW BUSINESS . Mayor Probst noting the absence of Mr. Straumann requested the Council to move on to the next item of business. I 1995 Street Re-rating . City Engineer Stonehouse reported on September 20, 1995, he and Terry Mauer met with City Staff to discuss a proposal to improve the City of Arden Hills Pavement Management System on future public improvement projects. He noted, based upon feedback from the City Council, residents of . recently reconstructed streets in Arden Hills and Staff, they have attempted to develop a revised process for use in future improvements. .. Mr. Stonehouse indicated the revised Pavement Management System should start with the re-rating of all streets within Arden Hills during October. He noted this operation should occur on a three I year basis, and was last completed in 1992. Mr. Stonehouse indicated, upon completion of the annual street re-rating revision, staffwould most . likely request authorization to complete a feasibility study for those streets most in need of corrective action. The purpose of this study would be to provide information which could be used in an effort to give residents a basic idea of the various improvement options, costs, and benefits related to the . various means of improvement. Following the preparation of this report, MSA and Staff would hold informational meetings with affected property owners. I Mr. Stonehouse noted improved presentation materials at informational and public hearings would provide residents with accurate information regarding their specific streets, as well as, the methodology used to prioritize their street. . Mr. Stonehouse reviewed the new process and the steps it would take. . Mr. Stonehouse noted following the authorization of plans and specifications, MSA would initiate the distribution of the project "newsletters". The initial publication would serve the purpose of both soliciting input and informing residents that the engineer would be conducting on-site "project walk- . thru's" to gather further information. The purpose of these steps in the process is to ensure that the final plans accurately reflect not only the needs of the City, but the desires of residents as well. .- . I I. ,ARDEN HILLS CITY COUNCIL - OCTOBER 10. 1995 4 I Mr. Stonehouse noted it is their goal that construction will be completed by mid-September of any I given year. Mayor Probst indicated that this process is a substantial improvement over the past year. He urged I the Council to move forward with this proposal. I Councilmember Malone also suggested it would help for clarification and understanding if photographs of the areas were also used in presentations. Mr. Stonehouse indicated that the use of photographs were already planned for use. I Councilmember Hicks indicated the process did not specify when the public would be included in on the discussion process and it should be amended to do so. I MOTION: Malone moved, and Hicks seconded a motion to authorize the City Engineer in the 1995 pavement re-rating. The motion carried nnRnimously (5-0). I MNDot PropeJ1y Appraisal .- City Admini!<trator Fritsinger indicated the request for an appraisal of the Minnesota Highway Patrol parcel on County Road F, will significantly aid in the discussions with the State. He noted the full appraisal cost would be $5,000 with the summary report costing $3,500. Staff recommended the I undertaking of a snmmRry report at $3,500. MOTION: Malone moved, Keirn seconded a motion to approve the hiring of Jeffrey Johnson to I complete a Summary Special Assessment Appraisal at a cost of$3,500. The motion carried unanimously (5-0). I 1994 Street Improvements. Final Pay Estimates I City Engineer Stonehouse indicated the final payment and retainage would be $13,862.29. Councilmember Aplikowski inquired if all the residents involved in problem areas had signed off I on their claims. Mr. Stonehouse believed all but one resident. In regard to that case, it was decided to leave his driveway as it was. I MOTION: Hicks moved, Malone seconded a motion to authorize fina1 payment of$13,862.29 for the 1994 Street Improvements Final Pay Estimate. The motion carried unanimously (5-0). I .- I . I. ,ARDEN lDLLS CITY COUNCIL - OCTOBER 10. 1995 5 I TCAAP Update I City Administrator Fritsinger indicated the plan proposed by Vento's Committee is very similar to the plan of the Arden Hills Task Force. I Mr. Fritsinger indicated there will be additional informational meetings for the public on Saturday, I October 14, 1995 and Monday, October 23,1995. Mr. Fritsinger indicated procedurally it is the City's goal to take the Vento plan to the Task Force I and attempt to come to an agreement with both the Task Force's plan and Vento's plan. He noted the City will keep in contact with Congressman Vento's Committee in regard to when it will present their information and plan for legislation. I Planning Case 95-05. Ogren POO I Community Development Director Ringwald briefly reviewed the request for approval of a Planned Unit Development (PUD) Master Plan, Final Plan (site plan) and Preliminary Plat for a 16 unit .e "Townhomes of Lake Valentine" project on a 6.51 acre parcel in the R-1 Single Family Residential Zoning District. Mr. Ringwald indicated subsequent to the Planning Commission review oftbis request on September I 6, 1995, the applicant has made some modifications to the plan. He noted these modifications are generally responsive to comments made during the Environmental Assessment Worksheet (EA W) I and/or Planning Commission review process. The primary modification that was made to the plan was in regard to the outlet of the sedimentation basin at the Southeast comer of the site. I Mr. Ringwald explained the plan that was reviewed by the Planning Commission on September 6, 1995 had a sedimentation basin which overflowed into a low area in the Northeast comer of the site and then outletted in Valentine Lake, via pipe underneath Old Highway 10. The modified plan I (dated 9-21-95) has a sedimentation basin in the Southeast comer of the site which outlets into Valentine Creek, via a pipe underneath County Road E2 and the Chatham Open Space (City property). . Mr. Ringwald outlined the conditions set by the Planning Commission and the responses of the applicant for the Council as follows: . 1. No oak tree or other hardwood trees be removed unless they are located in a building footprint or roadway area. . The Grading and Erosion Control Plan dated September 21, 1995 has been modified to identify the oak and other hardwood trees which are located in a building footprint .. or roadway area. I . I. ARDEN.HILLS CITY COUNCIL - OCTOBER 10. 1995 6 . I 2. Preservation of existing trees adjacent to Old Highway 10 and County Road E2 . and within the 66 foot easement, that are not effected by the grading plan. The Grading and Erosion Control Plan has been modified to identify the vegetation I adjacent to Old Highway 10, County Road E2, and the 66 foot easement which are not effected by the grading plan. . 3. Approval of and compliance with the necessary permits by the Minnesota Department of Natural Resources. The plans have been modified to outlet the sedimentation basin to Valentine Creek I and the sedimentation basin has been redesigned taking into account the comments of the Minnesota Department ofNatura1 Resources (DNR), dated August 25,1995. I 4. Approval of and compliance with the necessary permits by the Rice Creek Watershed District. .e The Rice Creek Watershed District is scheduled to review this modified plan at their meeting on October 12,1995. 5. Compliance with the Floodplain regulations, in particular the lowest Door I elevation requirement based on the regional Dood protection elevation for Valentine Lake. . The plans have been modified to remove the storm sewer connection from the sedimentation basin to Valentine Lake. Therefore, the direct threat of flooding from Valentine Lake has been minimized to the greatest extent possible. The proposal is I in compliance with the flood protection elevation requirements of the Floodplain Management regulations. I 6. Approval of and compliance with the Minnesota Pollution Control Agencies General Construction Storm Water Permit, including the implementation of BMP's for erosion and sediment control. I The plans have yet to receive the approval of the Minnesota Pollution Control Agency (MPCA), as outlined in their letter dated August 29, 1995. I 7. Provision of a 16.5 foot buffer strip adjacent to the two wetland basins. The Preliminary Plat delineates a 16.5 foot conservation easement adjacent to the two wetland basins. I 8. Payment of the park dedication fees, as determined by the City Council. .. The park dedication fees have yet to be determined by the City Council. Mr. Ringwald noted the Staff is currently reviewing the purchase agreement with the I I I. ARDEN fiLLS CITY COUNCIL - OCTOBER 10. 1995 7 I City Attorney to determine if an appraisal of the property is required, prior to the I determination of the appropriate park dedication fees. 9. Compliance with the Shoreland Management Ordinance, in particular Sections I 20.5-41 and 20.5-47. The Grading and Erosion Control Plan has been modified such that the outlet of the sedimentation basin does not outlet into Valentine Lake, but outlets into Valentine I Creek. Therefore, the Shoreland Management Ordinance no longer applies to this project. However, the plan still provides for the: preservation of trees; setbacks from I Valentine Lake; reduced structure heights; and reduced lot coverage. These are consistent with the requirements of the Shoreland Management Ordinance. I 10. Modification of the name of the private street. The name of the private street has been modified to Lake View Court. I 11. Modification of the Townhouse Association documents, per Staff direction, for approval by the City Attorney. .e The City Attorney and Staff are currently reviewing the Townhouse Association documents for consistency with the previous direction given by Staff and the Planning Commission. I 12. Compliance with applicable provisions ofthe City Code. This is a standardized condition of approval. I 13. Any required pumping of the storm pond would be the responsibility of the Townhouse Association. I The plans have been modified so that the storm water sewer outlet does not outlet into Valentine Lake. Therefore the flooding potential from Valentine Lake has been eliminated. However, the responsibility for the maintenance and upkeep of the I sedimentation basin and the structures should be the responsibility of the homeowners association. I 14. A 16.5 foot conservation easement be established and posted around the delineated wetlands. I The Preliminary Plat delineates a 16.5 foot conservation easement adjacent to the two wetland basins. I 15. Signs denoting "No Parking, by Order ofthe Fire Marshal" be posted on the private street. I- The Grading and Erosion Control Plan shows the location of the required signage on Lake View Court. I I I. .ARDE~ HILLS CITY COUNCIL - OCTOBER 10, 1995 8 I Mr. Ringwald noted the street named as Lake View Court will be a private street, he noted it is not I the City's intent or desire for Lake View Court to be a public dedication. Lot 17 is intended to encompass all of the site which is not part of the individual units. . Mayor Probst inquired if all easements have been identified except the sanitary sewer easement. Mr. Ringwald indicated that would be correct. I Mayor Probst inquired if City Attorney Filla has had an opportunity to review the Townhouse Association documents. Mr. Filla indicated he had spoken with Mr. Ogren's attorney about some I concerns, and was assured by him that the City recommendatious would be included in the documents. I Councilmember Hicks inquired in regard to the sediment basin elevation, the homes would be five feet about the 100 year flood, he wondered if this would be the basements. Mr. Ringwald indicated it would be regard to the lowest opening or the basement, since all but two of the units would be I walkouts. .- Mayor Probst indicated, although this is was not a Public Hearing, he would allow public comment. Mayor Probst noted before moving on, he would like to break to address item 7.a., recogni7ing an Eagle Scout. . Resolution 95-67, expressing congratulations to Paul Straumann for attaining the rank of Eagle Scout. . MOTION: Malone moved, and Aplikowski seconded a motion to adopt Resolution 95-67, I Expressing Congratulations to Paul Straumann, for Attaining the Rank of Eagle Scout. The motion carried unanimously (5-0). I Mayor Probst read and presented the resolution adopted by the City Council, recognizing the achievements of Paul Straumann, to Mr. Straumann. Mayor Probst thanked Mr. Straumann for his community service and wished him well in his future endeavors. I Mr. Straumann thanked the City for its recognition and especially the Parks and Recreation Department for its help during his community project. . Mr. Straumann is from Troop #200, from Shepherd Hills Lutheran Church. . Mayor Probst thanked the audience for the opportunity to address this issue before public comments .. of the Planning Case, and continued with item 7.e. . I I. ,8RDEN HILLS CITY COUNCIL - OCTOBER 10. 1995 9 . Planning Case 95-05. Ogren POO. continued. . Mr. Tom Casey, 2854 Cambridge Lane, Mound, indicated he is the attorney representing the . Neighbors of Valentine Lake, Inc. He noted he had been retained by them to present remarks in opposition to a request for approval of a Planned Unit Development, Site Plan and Preliminary Plat for Ogren Townhomes development I Mr. Casey provided a memo to the City Council (see attached, item Exhibit la). . Mr. Casey indicated the Arden Hills Zoning Code provides two separate grounds for denial of a Planned Unit Development: I 1. "... incompatibility between the proposed use and the City's Comprehensive Plan.." or II. "...reasons relating to public health, safety and general welfare..." I Mr. Casey indicated it is his client's opinion that the proposed development is both incompatible .. with the Comprehensive Plan and concern to public health, safety and general welfare; and, therefore, should be denied by the City Council. Mr. Casey briefly reviewed the background for the basis of his client's beliefs, quoting from the . Zoning Ordinance. I Mr. Casey indicated his client believes the density was not correctly calculated and should reflect 3.52 net acres, allowing for a maximum of 10 units. . Mr. Casey provided a map noting the distance of the development in regard to Valentine Creek (see attached Exhibit #1). He noted the Statewide Standards for Management of Shoreland Areas indicates property within 300 feet shall comply with the Shoreland Regulations. He noted . regulations such as lot width, structure setbacks, etc. Mr. Casey noted in regard to an Archaeological Survey, it is his client's belief that the City should . obtain an Archaeological Survey. Mr. Casey provided a proposal by the University of Minnesota (see attached Exhibit #2) for an Archaeological Survey. I Mr. Casey also provided a report in regard to Parks and Open Space (see attached Exhibit #3), which highlights the importance of accessibility to natural resources. I Mr. Casey expressed concern for the impact of the development upon the Ramsey County Trail Easement. He noted there is nothing in the easement document limiting the trail easement to just .- one trail, there may be branches off the main trail. I I I. ARDEN HILLS CITY COUNCIL - OCTOBER 10. 1995 10 . Mr. Casey also expressed concern for units 5, 6, 7, and 8 being so close to the easement line, they . virtually have no backyards. I Mr. Casey indicated there should been proper buffering between the wetlands and the development. Mr. Casey indicated it was his client's belief that the proposed development is incompatible with I surrounding development. Mr. Casey noted the area of the proposed development has been previously identified as park and . open space on the land use plan maps. Mr. Casey indicated neighborhood opposition is a factor in considering whether to approve or deny I the PUD. Mr. Casey also noted concerns regarding public safety and welfare, such as; traffic conditions, I drainage, population density, etc. .- Mr. Casey noted the private street is a concern for his client, in regard to discouraging outside pedestrians. He noted most of Arden Hills' streets are public and this should be also. I Mr. Casey indicated the loss of native plants, the propagation of non-native species on this site, and the loss of a steep slope do not comply with the Zoning Code. I Mr. Jay Shrankler, 1748 Venus Avenue, expressed concern for the plan changing several times. He also reiterated several points made by Mr. Casey. . Mr. Sbrankler indicated he had spoken with three different real estate agents and they all indicated this proposed development with the price range of proposed homes would negatively effect the value of his home. I Mr. Sbrankler presented for the record excerpts from previous Town Criers noting previous denials for Planned Unit Developments (see attached Exhibit #4). . Mr. Mark Chapin, 3937 Rolling Hills Road, expressed concern for infringement on the trail easement and also the setting of a precedent with approval of the PUD. He indicated Bethel College I owns a 10 acre parcel and was concerned that a similar development could occur if this PUD was approved. I Mr. Chapin urged the Council to deny the application for the reasons presented and expressed .- appreciation for the Council's difficult decision, . . I. ARDEN HILLS CITY COUNCIL - OCTOBER 10. 1995 11 , . Ms. Fran Holmes, 1804 Venus Avenue, presented the Council with a hand out (see attached . Exhibit #5) in regard to density. This information reflects the opinion of3.52 net acres allowing 10 homes. . Ms. Holmes indicated if only 10 homes were allowed, the homes would be situated away from the easements and it would make more sense. . Ms. Holmes indicated many of the residents expressed concerned for the private street, they felt it gave a feeling of exclnsiveness. She noted if the street was widened to City public street standards, . there would be no need for off street parking lots and signs. Ms. Marcie Jeffrey, 1759 Glenview Avenue, expressed empathy for the Council's difficult decision . and appreciates their patience. Ms. Jeffreys presented for the record a memo (see attached Exhibit #6). I Ms. Jeffreys indicated the proposed development is clearly incompatible with Arden Hills' .- Comprehensive Development Plan. She indicated State law requires that a plan amendment be filed with and approved by the Metropolitan Council before the City Council can decide on this issue. . Ms. Jeffreys believes the proposed development will have a negative environmental impact. Ms. Jeffreys indicated there is no compelling reason to build town homes on this land nor does the . developer have a right to maximize his profit by building high-cost multiple dwellings. Ms. Jeffreys indicated approval of this development is incompatible with surrounding neighborhood . and undermines the neighborhood's trust that the City will adhere to its own rules. Ms. Jeffreys noted these reasons are "legally sufficient" to deny the developer's proposal. . Ms. Sonya Lyons, 3908 Glenview Avenue, expressed concern for the narrow private street and availability for emergency street access. She indicated allowing the private street to be narrower . than the City standards, encourages developers to obtain more land with private streets and negates the effect of the City standards. I Ms. Adams believes the private street is not in keeping with the neighborhood and breeds isolation and, therefore, crime. I Mr. Craig Wilson, 1677 West County Road F, indicated the residents have relied on this area as .- open space and noted even past Council minutes from 1981 note this also. . . I. ,lI.RDEN.llILLS CITY COUNCIL - OCTOBER 10. 1995 12 I Mr. Wilson indicated the proposed development is not consistent with the surrounding homes. He I felt the $200,000 townhomes would not fit into the neighborhood. Paul Rem, 1670 G1enview Court, reiterated the importance of wetland buffers, he indicated various . other cities have established buffers of up to 100 feet near a wetland. I Mr. Jon Hoelscher, 1750 Gramsie Road, expressed concern for traffic. He indicated the traffic study was done during the summer, when neither Bethel College, Mounds View High School nor Valentine Hills Elementary School were in session. He noted also since the study, the Cleveland I bridge has been closed. He believed the traffic study is flawed to the point of being unusable. Mr. Hoelscher expressed objection to the proposed plan, it is not the plan that the Planning . Commission reviewed. He felt the developer did not make changes requested by the Planning Commission. I Dr. Boh Mullin, 1793 Gramsie Road, expressed concern for the impact of the development on the wetland. .e Dr. Mullin urged the Council to vote for stewardshipofthe land and deny the proposed development Mr. Richard Turgeon, 1777 Venus Road, expressed concern that Bethel College is selling this . land and that townhomes are being developed in the R-l district He urged the Council to deny the proposed development . Ms. Mary Sommerfeld, 1710 G1enview Avenue, indicated she is a real estate agent She suggested if the Council should decide to approve this project, to move the homes further from the trail I easement. Homes so close to the easement would be not be appealing to walkers or prospective home buyers. I Mr. Tilburt Donaldson, 1723 Glenview Avenue, questioned if the Council would wish to live in this area. . Mr. Joe Jansen, 1496 Arden Oaks Drive, urged the Council to deny the project and perhaps look for alternatives by condemning the land and leave it for open space, but still reimbursing the developer somewhat. I Mr. Rem, 1670 Glenview Court, urged the Council to reject the proposed development because it does not follow the landscape buffering requirements. I There was no further public comment at this time. .e . . .. ,ARDEN IllLLS CITY COUNCIL - OCTOBER 10.1995 13 , . Mayor Probst inquired about the 300 foot Shoreland setback requirement. Mr. Ringwald indicated . the area is still not designated as a Shoreland District by the Department of Natural Resources. Also, he pointed out each City has its own allowed setbacks, that are approved by the Department . of Natural Resources. Arden Hills has established a 150 foot setback requirement and this development would meet that requirement, even from Valentine Creek. I Mayor Probst indicated surely if there had been greater awareness of the ownership of the land prior to this proposal, the outcome may have been very different; but now the City is required to review this proposal. . Mayor Probst indicated it is his understanding that the proposed development, although referred to as townhomes, in actuality are Attached Single Family homes. . Mayor Probst indicated he did not feel the approval or denial of this project would set a precedent. . Mayor Probst indicated the issue of compatibility as it relates to density is not resolved in his mind, he would like to see units 7/8 and units 13/14 removed from the Plan. He felt this would aid in .- addressing density and screening issues and reducing impact of the site. Councilmember Malone indicated the Council has spent six months reviewing this project He noted . development will occur and felt with the PUD, the City has more control over the outcome of the development. . Councilmember Malone felt the density was appropriate. He felt in reviewing the Comprehensive Plan, this proposed development is compatible with the Plan. . Councilmember Malone, in regard to the various maps, indicated the City would not have been able to designate any area that they did not own as open space. . Councilmember Malone felt a lot of work and consideration had gone into this proposed development and he felt comfortable with it as proposed. . Councilmember Hicks indicated if the two buildings were removed from the plan, the street could be widened to meet City standards. . Mayor Probst indicated he still felt that Attached Single Family is a better option than Detached Single Family homes, in that additional open space could be preserved with a PUD. If the property . was built as Detached Single Family, that 10-14 Single Family houses could be built on this property. The PUD allows the City the ability to allow a certain number of units, but yet preserve .- the integrity of the open space. I . .. ARDEN lULLS CITY COUNCIL - OCTOBER 10. 1995 14 . CounciImember Keirn concurred with the removal of units 7/8, but was not convinced of the I necessity of the removal of the additional building. I CounciImember Aplikowski concurred with the locational problem of units 7/8, since it is located directly adjacent to the sixty six foot easement. I CounciImember Aplikowski indicated private streets are not all bad and most times are maintained better than public streets. . Mr. Ogren, applicant for the proposed development, indicated he had previously discussed this with Staff and would agree to remove units 7/8, but would like to keep units 13/14 on the plan. I MOTION: Malone moved, and Keirn seconded a motion to approve Planning Case 95-05, Planned Unit Development Master Plan/Site plan and Preliminary Plat Dan Ogren, Northwest comer County Road E2 and Old Highway 10, subject to the removal of . units 7/8 from the site plan. .- Mayor Probst reiterated the necessity of a four fifths majority vote for passage of the motion. CounciImember Hicks indicated he would have to vote against the motion if the additional two units I were not removed and the street was not widened to City standards (32 Feet). Mayor Probst also indicated he would like the density further reduced to include removing the . second building. Further discussion was held regarding removal of a second building. (Two Units). . MOTION: Malone moved and Keirn seconded an amendment to the motion to indicate subject to the approval of a drainage easement and finaI plat approval. . Discussion continued regarding the number of units. I MOTION: Hicks moved and Probst seconded an amendment to the motion to include the removal of units 15/16. I CounciImember Malone withdrew his original motion. MOTION: Hicks moved and Probst seconded a motion to approve Planning Case 95-05, . Planned Unit Development Master Plan/Site Plan and Preliminary Plat Dan Ogren, Northwest comer County Road E2 and Old Highway 10, subject to the stated .- conditions with the addition of: . I I. ARDEN HILLS CITY COUNCIL - OCTOBER 10.1995 15 I 16. Approval of final plat by City Council; I 17. Resolution of the necessary storm sewer easement over the City property (Chatham Open Space); I 18. Deletion of Units 7,8,15 and 16; and I 19. Increase the width of the private street (Lakeview Court) from 26 feet to 32 feet. I Councilmember Keirn inquired if the density would change with the establishment of a public street. Mr. Ringwald indicated the street would be built, in terms of width, to City standards, but not I publicly dedicated. Therefore, the density would comply. Mayor Probst indicated the Council will have an opportunity to review the final plat and he urged I the Council to support the motion. Ie Councilmember Hicks noted the reasons for the motion was to provide greater buffer from the trail easement, but moving the homes further down, decrease traffic with less density, and maintain a buffer for wildlife on the north side of the property. I Mr. Fritsinger inquired for clarification of the intent of the motion regarding the street. Councilmember Hicks indicated it was his intention the street width meet the City standards, but I remain a private street. Mr. Fritsinger indicated widening the street will eliminate the need for off street parking lot. I Mr. Filla indicated for clarification the motion should include the recommendation for moving units 5/6 southerly and widening the street while also orientating it southerly. I 18. Deletion of Units 7,8,15 and 16 and the Southerly relocation of the Northwesterly portion of the private street (Lake View Court), so as to I maximize the distance between the 66 foot easement and Units 5 and 6; 20. Elimination of the common parking stalls; and I 21. Elimination of the previous condition requiring the installation of signs on I the private street denoting ''No Parking, by Order of the Fire Marshal". Motion carried unanimously (5-0). I- I . .e hRJ)EN HILLS CITY COUNCIL - OCTOBER 10. 1995 16 . Public Hearing. Resolution 95-66. Continued . Mayor Probst continued the Public Hearing - Resolution 95-66, Vacating a-Sanitary Sewer Easement, at 10:10 p.m. . Mr. Ringwald indicated the applicant (Dan Ogren) is requesting the City to vacate a 20 foot wide . sanitary sewer easement on the property located at the Northwest comer of Old Highway 10 and County Road E2. . There were no public comments in regard to this item. Mayor Probst closed the Public Hearing at 10:12 p.m. . MOTION: Hicks moved and Aplikowski seconded a motion to adopt Resolution 95-66 Approving the vacation of the 20 foot wide sanitary sewer easement subject to the . following conditions: .- a. Provision of a 20 foot wide sanitary sewer easement centered on the existing sanitary sewer line on the plat of Townhomes of Lake Valentine, as shown on Exhibit a page 3 of 3; and b. Filing of the plat of the Townhomes of Lake Valentine with Ramsey County. . Motion carried unanimously (5-0). . ADMINISTRATOR COMMENTS . City Administrator Fritsinger indicated a few items: Valentine Park I Liberty Mutual has agreed to 100% settlement at Valentine Park. . County Road F Midwest has requested the release of the $15,000 additional retainage held by the City. The I company is working on resolving claims, but do not appear to be moving very quickly on these claims. I COUNCIL COMMENTS ,e Councilmember Aplikowski requested an agenda item in regard to discussion of the AMM Policy for the next work session. I I Ie ,AJIDEN HILLS CITY COUNCIL - OCTOBER 10, 1995 17 I I Councilmember Keirn thanked Staff for the October 3rd outing. I Councilmember Malone requested discussion regarding Lexington be added to a work session agenda. I Mayor Probst indicated requested staff to continue to investigate the North Suburban Cable Commission budget and the proposed 20% increase for 1996. I Mayor Probst inquired as to the Engineer's opinion in regard to Midwest Asphalt. Mr. Stonehouse indicated it stin is his opinion to hold the retainage until further results are seen. I Mr. Filla indicated it would be appropriate for the City to respond to Midwest Asphalt's letter. Mayor Probst and the Council directed Staff to draft a letter expressing the feelings of the City in I regards to Midwest Asphalt. I- ADJOURN MOTION: Keim moved and Aplikowski seconded a motion to adjourn the meeting at 10:30 I p.m. The motion carried unanimously (5-0). I ~~ I City Administrator I NOTICE OF MEETINGS I The next regular Council meeting will be held October 30, 1995, at 7:30 p.m., at New Brighton City Hall. I I Ie I