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HomeMy WebLinkAboutCC 05-08-1995 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 COUNCll. MEETING MAY 8, 1995 7:30 P.M. - NEW BRIGHTON CITY HALL CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:32 p,m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone and Susan Keim. Also present were: Clerk/Administrator, Brian Fritsinger; City Accountant, Terry Post; Parks and Recreation Director, Cindy Walsh; City Attorney, Jerry Filla; City Engineers, Greg Stonehouse and Terry Mauer; and Recording Secretary, Ruth McLaurin. ADOPT AGENDA MOTION: Hicks moved and Aplikowski seconded a motion to adopt the agenda for the May 8, 1995 City Council meeting as presented. The motion carried unanimously (5-0). PUBLIC HEARING - COUNTY ROAD F ASSESSMENTS Mayor Probst asked if proper notice had been pub1ished. City Administrator confirmed publication of Notice of Hearing in the Focus on April 18, 25 and May 2, 1995, letters of hearing to property owners on April 11 , 1995 and letters of assessments to property owners had been mailed on May 2, 1995. Mayor Probst indicated there would be a brief summary and then the public would have an opportunity to comment Mr. Greg Stonehouse briefly reviewed the improvements to County Road F. Mr. Stonehouse noted the bids were opened March 30,1995. Mr. Stonehouse noted the cost is estimated at $1,150,000, The increase change is due to the rura1 street versus the urban street improvements. Mr. Stonehouse indicated the cost of the assessment will be based on a typical city street. The cost would be $32.50 per front foot for residential, and $66.75 per front foot for commercial. Letters of assessment were sent out based on this rete. Mr. Stonehouse indicated the City is still awaiting comment from the Rice Creek Watershed District. I Ie I I I I I I I Ie I I I I I I I Ie I ,ARDEN HILLS CITY COUNCIL - MAY 8, 1994 15 , Councilmember Aplikowski extended appreciation for the Boy Scouts that were in attendance. Mayor Probst inquired as to the current budgeting process. He requested an outline at a future worksession. Mayor Probst also noted a conference of the League of Minnesota Cities and a reduced fee for early registration. ADJOURN MOTION: Malone moved and Aplikowski seconded a motion to adjourn the meeting at 11: 1 0 p.m. The motion carried unAnimously (5-0). .d.7/ City Administrator NOTICE OF MEETINGS The next regular Council meeting will be held Tuesday May 30, 1995, at 7:30 p.m., at New Brighton City Hall. I I. I I I I I I I I. I I I I I I I I- I aEnElj lULLS CITY COUNCIL - MAY 8, 1994 14 Councilmember Keim asked what happens to the validity of the EA W if the site changes. Mr. Fritsinger indicated the firm will make comments on the changes and it will depend on the extensiveness of the changes. Mr. Dan Ogren, applicant, indicted iffelt the cost of the EA W was too high and that the City should compensate for the price between the lowest bid and the one chosen or $3,000. Councilmember Hicks indicated staffhas researched the issues and recommends the higher bid and given just cause for the added expense. Mr. Ogren indicated any site changes would not change the number of units. Mr. Filla asked if Mr. Ogren realized that he could delay the process ifhe did not provide the current site plans. Mr. Ogren understood this. MOTION: Hicks moved and Aplikowski seconded a motion to award the contract for Environmental Assessment Worksheet to RLK Associates Ltd. with the stated conditions. The motion carried unanimously (5-0). Mayor Probst indicated if there are any site changes he would expect Mr. Ogren to proceed through the Planning Commission. Ado~t Resolution #95-33. Requesting a Reallocation of Ramsey County CDUG Funds. MOTION: Hicks moved and Keim seconded a motion to adopt Resolution #95-33, Requesting a Reallocation of Ramsey County CDBG Funds. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Fritsinger had no comments at this time. COUNCIL COMMENTS Councilmember Hicks indicated he would like to direct staff to forward information to Everest and encourage them to meet with Hom Oak and Leather. Mayor Probst concurred and indicated that Everest should be aware that at the May 18th work:session questions will be asked regarding the time frame of the development agreement. Councilmember Malone indicated the development agreement with Everest will have to be straight forward and he does not want them to manipulate current ordinance requirements. Councilmember Aplikowski expressed concem about Everest's intentions. I I. I I I I I I I Ie I I I I I I I Ie I ,ARDEN lllLLS CITY COUNCIL - MAY 8, 1994 13 :'"J Councilmember Hicks noted a disparity in contributions, there is a large contribution to some and little to others, he was curious. Adopt Resolution #95-32. St. MIllY's Romanian Orthodox Church Premises Permit at Ramada Inn. Mr. Post indicated an officer could not attend and recommended this item be forwarded to the May 30,1995 meeting. Award Contraet for Environmental Assessment Worksheet City Adm;n;!lf:rator Fritsinger indicated five firms had been contacted regarding the bid for the Environmental Assessment Worksheet. Mr. Fritsinger noted there was a range from $5.500 to $9,200 for the worksheet, Mr. Fritsinger indicated staff would recommend to hire RLK Associates Ltd, to prepare the Environmental Assessment Worksheet for the Ogren PUD project. Mayor Probst indicated it was his understanding that this price is not to exceed the $8,500. Mr. Fritsinger indicated this is true. Councilmember Malone indicated it is frustrating that bids have come in ten times that of what was anticipated. He asked what the time frame would be for this worksheet. Mr. Fritsinger indicated August 30th would be the proposed completion date if all deadlines are met. Councilmember Hicks inquired as to why the lowest bid was not chosen. Mr. Fritsinger indicated the lowest bid reflected the use of materials and information held by the City and the developer and was not as detailed as the other proposals. In talking to other firms it was strongly supported that this approach not be used. The three higher bids did not base their proposals on using available information exclusively. He noted the exclusive use of this information may cause questions to be raised later in the comment process. Mr. Fritsinger indicated the reason the firm was chosen was that in addition to using available information they would analyze all the information themselves and as part of the proposal would answer any comments in the future. Councilmember Hicks inquired if the City has received payment from Mr. Ogren. Mr. Fritsinger indicated he had not yet received any money from Mr. Ogren. I I. I I I I I I I Ie I I I I I I I Ie I .ARDENcHILLS CITY COUNCIL - MAY 8.J 994 2 Mr. Stonehouse noted the proposed date for beginning would be June 15th with a completion date of August 15th. Mr. Stonehouse noted a few properties that had been reviewed with irregular-shaped lots and properties with overlay assessments from 1991. Councilmember Malone indicated to clarify the calculation of the assessment was to equalize the portion paid by the odd shape lots with those surrounding them. Mr. Stonehouse indicated this was correct Mayor Probst invited the audience to address the Council with any questions regarding the County Road F Assessments, he indicated he had received letters from residents that will be added to the record. Mr. Greg Jones, 1691 Crystal Avenue, expressed a number of concerns regarding the unusual case of this road. He believed the assessment policy does not s1rictly apply to this road. Mr. Jones indicated when the road was a County road, residents were not assessed, and now they will be assessed, and he felt assessed excessively. He noted the residents will lose the benefit of not being assessed and pay for the benefit of others that use the road, such as the high school and through traffic. Mr. Jones noted the money received from the County regarding the tumback., does not go to benefit those who are paying for the improvements. Mr. Jones indicated with other cities where tumbacks have occurred, the cities aided in the cost of the improvements and did not over burden the residents. He provided the Council with comparative information from other cities. Mr. Jones expressed concern regarding the issue of proper notice of assessment, the assessment roll was not available until May 4, 1995, the policy indicates that two weeks should be available for the resident to review their assessment, this was not available. Mr. Oscar Lund, 4057 Fairview Ave N, indicated he supported the comments of Mr. Jones. He indicated the improvements will provide additional traffic. Mr. Lund inquired if the landscaping affected will be replaced or compensated by the City. Mr. Ken Schacht, 1683 West County Road F, indicated he had lived in the arca since 1948. He expressed concern that the engineers did not fully investigate the options available in the design of the road. I I. I I I I I I I I- I I I I I I I .. . ,ARDm HILLS CITY COUNCIL - MAY 8"J 994 3 Mr. Schacht did not believe the "benefiting" properties should pay so much. Mr. Schacht inquired if the embankment on his property would be supported during the construction of the street. Mr. Stonehouse indicated this would be reviewed, the reconstructed street would basically be within the limits of the existing street. Mr. Don Tix, 1770 West County Road F, inquired as to the walkway, indicating it was his understanding that it would be removed, since that is the desire of the residents. Mr. Stonehouse indicated, as requested by the City Council, this issue was reviewed and the street was adjusted two feet to the north with available space for a six foot walkway and a four foot boulevard. Mr. Tix expressed concern that the residents were paying for a wider, heavier and more expensive road, for the benefit of the bus company. Mr. Tix indicated the difficulty the residents are having is with the County who did not assess for improvements, and now the residents are being assessed quite excessively. Mayor Probst indicated he believed there is a misconception, that the residents are paying a premium, but the assessment is not based on the actual cost of the improvements, but it is based on a typical city street. Craig Wilson, 1677 County Road F, expressed concern regarding the walkway. He indicated a petition had been forwarded to the City Council regarding the desires of the residents for the eliminll1:ion of the walkway. Mr. Wilson believed the assessment is too high and felt other revenue sources should be investigated. Mr. WJ1son indicated the City should allow for some type of extension regarding the assessment, as the notices of the assessment amounts were just received four days ago and two of those days were during the weekend. Also he feels the payment period is unreasonable, as not many residents would have the money by June. Larry Parker, 1814 West County Road F, supported all the previous comments from the residents. He believed the design of the road was unrealistic. Buy Pham, 1761 County Road F, supported the comments of the previous residents. He indicated his property was one of the odd shaped lots. Mr. Pharo indicated two-thirds of his lot is wetland, and is undevelopable, but it is included in the assessment. He noted since his lot is irregular the assessment attributed to his property is I I. I I I I I I I I- I I I I I I I I. I ,ARUEN HILLS CITY COUNCIL - MAY 8~1994 4 approximately $5,800. Mr. Stonehouse indicated this property was unusual and the shallow lot method was used to calculate the assessment Mr. Pham indicated when he built his home approximately three years ago, the real estate agent stated the road was a County Road and there would be no assessment Mr. Cliff Aamoth, 1748 West County Road F, indicated he had received no notice of an assessment Mr. Aamoth indicated he rea1ized the assessment was based on a typical street, but the improvements are necessary due to heavy traffic from the bus company and school. Mr. Insixiengmay, 4055 Valentine Avenue, indicated he also did not receive a letter of assessments. He indicated when he moved into his home one year ago, the real estate agent indicated County Road F was owned by the County and he would not be assessed. He also noted when he lived in Minneapolis and improvements were done in front of his home the assessment was only $800. Ms. Beth Kinner, 1745 West County Road F, indicated most of her concerns had been expressed already. She indicated the assessment would be a hardship for her family even if paid over one year. Ms. Kinner realized the improvements are necessary and will be done, but encouraged the City Council to make sure the project is safe. Mr. Howard Vander Wyst, 1716 West County Road F, indicated he supported the co=ents of the residents. Ms. Doris Canniff, 3946 Glenview Avenue, indicated she also support the co=ents of previous residents. She indicated she did not feel the walkway was necessary. Ms. Canniff felt the City should not have accepted the road tumback from the County with the road in its current condition. Mr. Dennis Zollinger, 1700 County Road F W, indicated he is still waiting to hear a positive response from the City Council regarding the desires of the residents. Mr. Zollinger noted other cities and the amount of their assessments were significantly less. Mr. Zollinger talked with the County Assessor who noted the value of the land will decrease due to the high traffic on County Road F. Mr. Zollinger indicated the residents are requesting that the City work with them. I I. I I I I I I I I- I I I I I I I I- I MillEN HILLS CITY COUNCIL - MAY 8~1994 5 Ms. Dorothy Raetz, 1703 West County Road F, indicated the residents do not favor a walkway and felt the City should comply with this request. Mr. Paul Tavernier, 1651 West County Road F, expressed concerns regarding the assessment manual, he felt the manual was good, but it did not address unusual circumstance and was not based on usage. Mr. Tavernier reviewed several questions to stress his point: a) Is County Road F just simply a connecting road over public land? No, it is not, as it has residents, school, park, and a bus company, it more resembles a collector. b) Is County Road F a residential street? No, it is wider, heavier construction, and is described according to the City as commercial/industrial. The speed limit is not residential, there are no children playing on the road. Mr. Tavernier believed this road is not a residential road in any regards and should not be assessed as a typical residential street. Mr. Tavernier presented a study he did regarding usage of the road, he indicated there is approximately 25.1 % usage attributed to commuters, 39.2% attributed to the High School, 25.1 % attributed to the Bus Company, 10.0% attributed to the residents outside of County Road F, 2.5% attributed to the residents on County Road F. Mr. Tavernier believed based on benefit received, the whole community benefits. He noted the monies received. from the County should go to reducing the burden of the assessment to the residents. Mr. Tavernier indicated the benefits of a typical residential street are: the street is quiet, safe, semi- private, the residents have input in the decision making of the street and it is for the exclusive use of the residents residing on that street He believed this did not apply to County Road F. Mr. Tavernier indicated it is unfair to assess 29 homes the same as a residential street would be assessed, when they do not receive the benefits of: a semi-private road, quiet, safety and there is not exclusivity. Mr. Tavernier compared the assessments of surrounding cities. He noted in New Brighton assessments are based by lot with a general assessment of approximately $1,200 to $1,800 for new developments and 25% for improvements. In Roseville it is 25% or approximately $15 to $16 per front foot. Shoreview where there is most similarity with County Road turnbacks, in regards to County Road J, residents were assessed $1,100 each and County Road G2 residents who were assessed $1,200 each. I I. I I I I I I I I- I I I I I I I I- I ,b].IDEN IDLLS CITY COUNCIL - MAY 8, 1994 6 Mr. Tavernier proposed to the City that the assessment manual does not apply in this case and should be reviewed and based upon usage. He felt a flat assessment to each resident would be more appropriate. Mr. Harmon Jr., 1661 West County Road F, indicated he had lived in the area since 1957. He indicated the traffic is unsafe on the road. Mr. Harmon supported Mr. Tavernier's co=ents. Mr. Paul Wallace, 1779 West County Road F, indicated he saw the value in the walkway and supported the walkway. He felt it was safer for walkers on the walkway than on the road. Mr. Wallace indicated in the past the resident's desires have not been recognized, the residents did not want the Bus Company in that location and they did not want the addition of new homes, but both projects moved forward Mr. Wallace noted many residents were told that the road would remain owned by the County and no assessments would be attributed to their properties. Mr. Wallace noted the maps are out of date and the surveys are inconsistent. Mr. Wallace believed the Council was losing credibility in the community. Mr. Wallace indicated there are only 29 homes on County Road F, and that is not enough to support the improvements. He suggested using a tax on the high school to help support the improvements. Mr. Sean Regan, 1901 West County Road F, who represented RECO and the Bus Company said he was in support of the residents. He indicated RECO is paying $38,000 in assessments and are willing to contribute, but he indicated he did agree with the residents. Mr. Regan was in support for the walkway, he felt it would be safer for pedestrians. Ms. Sally Jones, 1691 Crystal Avenue, indicated she had three names to add to the previous petition regarding the walkway, this now brings the total to 25 out of29 homes are in support for eliminating the walkway. Ms. Jones indicated she did not feel the plan had changed at all since the first time she saw it Ms. Jones noted if the walkway should go in, it was indicated that it would have to be maintained by the residents. She visited areas in the City were there are walkways such as 96th and Hamline, Lexington, and 4466 Pleasant where the walks are maintained by the City of Arden Hills. She I I. I I I I I I I .e I . I I I I I .- I ARDEN HILLS CITY COUNCIL - MAY 8, 1994 ~ indicated if the walkway goes through, the residents would expect the walkway to be maintained by the City. Ms. Jones wished to clarify Mr. Tavernier's statement regarding the assessments in New Brighton, Mr. Rutherford indicated based on the original condition of the street, assessments range from $800 to $1,800. Ms. Jones indicated neighbors had their property appraised, the appraisal was lower than expected and the realtor indicated this was due to the fact that the home was on a busy street. Mayor Probst indicated the Council has received the petition regarding the walkway and a final decision has not yet been made. He noted there will be additional pedestrian traffic to the New Brighton Family Services Center and that will also be taken into consideration. Mr. Rich Turgeon, 1777 Venus Avenue, believed that any assessment plan that would charge any resident up to $6,000 is an unfair plan. Mr. Carl Hosler, 1724 West County Road F, inquired if the reconstructed road would move the easement He had just recently added to his home and was curious if this would affect his setback. Mayor Probst indicated the setback is from the right of way and should not be affected. Mr. Jones indicated the sidewalks would be a safety issue as well, because it would draw kids to the sidewalk and encourage bikes also. Ms. Betty Blasczyk, 4050 Fairview Avenue North, indicated she had raised six children in the area. She noted, as a parent, you chose other routes to take your children to the park, County Road F is just too busy. Mr. Wilson, 1677 West County Road F, believed the walkway would not help regarding safety, the high school and Bethel College track teams will not use the walkway, they will use the road. Mr. Wilson indicated MSA funding may require an even wider walkway and that would encroach on residents' property. Mayor Probst closed the Public Hearing at 9: 15 p.m. Mayor Probst indicated since there has been a large number of appeals received, he suggested an additional public hearing be held at the May 30th meeting. Councilmember Keirn commented that perhaps one half of the money received from the County be used to reduce the residential assessment. I I. I . I I I I I .- I I I I . I I .- I ARDEN HILLS CITY COUNCIL - MAY 8, 1994 8 , Mayor Probst noted many valid issues have been raised regarding funding. The cost of this improvement will be over $1 million and funding sources will be from Ramsey County, Storm Water Management funds, MSA funds, and assessments. He noted although funding is received from a variety of sources, it is still limited. Mayor Probst did indicate that assessments can be modified by the City Council. Councilmember Malone indicated it is not by rule that all County Roads are not assessed, he said he was sorry if anyone told residents that there may never be any assessment, because they were mislead. Councilmember Malone indicated the turnback was not the City's choice, but by statute the road was turned back and the City had hoped the improvements would be done, but they were not. He also noted the improvements suggested by the County were to recycle the road and not actually reconstruct and improve the road. The route the City is taking may be more expensive up front, but the road will1ast a lot longer. Councilmember Malone also indicated the cities previously mentioned regarding assessments, all receive state aid to help in this area, the City of Arden Hills does not receive state aid and actually is currently paying in to the state so other cities can receive this State Aid. Councilmember Malone noted that MSA funds have been used for a variety of improvements including the stop lights near the Target Greatland store. Councilmember Malone indicated the Council is trying to be smart in handling the affairs of the City. Councilmember Aplikowski concurred with postponing decisions regarding the assessments until Council had an opportunity to review the appeals. Councilmember Aplikowski indicated for the record she also supports the elimination of the walkway and supports the residents in this issue. Councilmember Hicks requested staff to review records regarding any other major street where reconstruction had occured and if any variations to assessments had been made. Councilmember Hicks indicated he agreed that more than just the County Road residents use the road, but felt 2.5% usage for those residents was a little low. MOTION: Malone moved and Hicks seconded a motion to table Resolution #95-34 until the May 30, 1995 Regular Council meeting. I I. I I . I I . I Ie I I I I I . I I. I ,ARDEN HILLS CITY COUNCIL - MAY 8,1994 9 City Attorney Jerry Filla indicated a public hearing should be also scheduled and this would eliminate any problems regarding notification. AMENDMENT: Malone moved and Hicks seconded an amendment to the previous motion adding the time of 7:30 p.m. for the Public Hearing. The motion and amendment carried unanimously (5-0). Councilmember Malone inquired if this action would hinder any project time limits. Mr. Stonehouse indicated the start date is June 15th, so there should be no problems. MOTION: Malone moved and Keim seconded a motion to table Resolution #95-35 until the May 30, 1995 Regular Council Meeting. The motion carried unanimously (5-0). Councilmember Hicks requested that at the next meeting Mr. Stonehouse break down the bids with and without the walkway. Councilmember Hicks requested staff to consider usable lot area for calculation of assessments. He did not believe the residents would want a uniform rete, this would raise 23 and reduce 9 assessments. Mayor Probst called a brief recess at 9:30 p.m. Mayor Probst reconvened the meeting at 9:45 p.m. APPROVAL OF COUNCIL MINUTES Mayor Probst noted two changes. April 20, 1995 Mayor Probst requested on page two, paragraph e, that "...politically." be dropped and "...refl:arding local and national political processes. II be inserted. April 24, 1995 Mayor Probst indicated a spelling correction on page three, the last sentence, Mr. Dave Carlson should be Mr. Dave Carland. MOTION: Malone moved and Aplikowski seconded a motion to approve the minutes of the April 20, 1995 Worksession and April 24, 1995 regular City Council meeting as corrected. The motion carried unanimously (5-0). . I. . I I I . . . .e I . I I I I I .- I ,ARUEN HILLS CITY COUNCIL - MAY 8, 1994 10 CONSENT CALENDAR A. B. C. Appoint Don Messerly to Park and Recreation Committee Everest Development Agreement Claims and Payroll MOTION: Malone 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). PUBLIC COMMENTS Mayor Probst at this time invited the audience to address the Council with any concerns not already on the agenda Ken Schacht, 1770 West County Road F, extended his appreciation to the Council for their time regarding the County Road F issues. UNFINISHED AND NEW BUSINESS TCAAP Update Mayor Probst indicated at the last meeting he requested a portion of the meeting to be dedicated to an update of the TCAAP property and its reutilization. Mayor Probst noted approximately two months ago a Task Force was established to review and help plan for development in this area. He indicated a consulting team, Camiros, Ltd., had been chosen to work with the Task Force to develop a Comprehensive Plan incorporating the Arsenal property, with the best interests of the co=unity in mind. Mayor Probst expressed gratitude to those infonnational committees at large, but reiterated that the City of Arden Hills is ultimately responsible for the planning and developing of the property outside of the designated Federal property. Mayor Probst addressed rumors regarding a casino being built on the property, and indicated there has been no contact made to the City regarding a casino. They would have to go through the same planning process as anyone else, unless the land is put into a trust, then the City has no control. Councilmember Hicks indicated under current law, the Governor would still be able to provide comments regarding a casino on the property. I I. I I I I I I I Ie I I I I I I I I- I ARDEN HILLS CITY COUNCIL - MAY 8, 1994 11, Presentation from Hom Oak and Leather City Administrator Fritsinger introduced Mr. Pat Pelstring, from Public Resource Group, Inc. and Wayne Johansen, President of Total Bedroom/Hom Oak and Leather. Mr. Pelstring indicated they have a pending purchase agreement on 20 acres of property near the property adjacent to 694 and 35W. This site would be for a new distribution center, corporate headquarters, and a retail store. Mr. Wayne Johansen presented the Council with a packet of information regarding his company. He indicated, based on upon the preliminary plans, this would be a high-quality 100,000 square foot facility employing 100 people. He indicated this would be a top-notch design for a corporate headquarters and retail store. Councilmember Malone asked if this 100,000 square feet would be with the expansions. Mr. Johansen indicated that would be the original building, with expansions of up to an additioual 100,000 square feet Mayor Probst encouraged the gentlemen to talk with Everest. Mr. Pelstring indicated that was suggested to them approximately 60 days ago and they tried to contact Everest, but Everest has refused to meet with them. Mr. Pelstring indicated they felt this presentation to the Council would help the Council to understand their position. Mr. Pelstring indicated the Company would prefer to own the site. He believed this site could be carved out of the Everest development and would help to provide increment to the City sooner than the Everest development. He noted this would be a benefit to the City. Councilmember Hicks inquired as to the total acreage within the project Mr. Pe1string indicated the purchase agreement is for 20 acres, but they wish to secure only 10 to 12 acres, perhaps selling back the balance. Mr. Pe1string indicated his request was to gain the City Council's awareness and that they would like to integrate with the City's development plans in the area. He noted the company wishes to help the City resolve some of their financial concerns, by providing tax increment as soon as possible. Councilmember Aplikowski inquired as to what brought them to choose this site. Mr. Johansen indicated the visibility is good, although the access is a little more difficult than a comer gas station would require. He indicated their marketing strategy, the store is seen from 694 and 35 Wand people will take the exits and drive on frontage roads to reach the location. He noted this is destination shopping, with customers coming specifically to go to Hom Oak. I I. I I I I I I I Ie I I I I I I I Ie I ARDENJllLLS CITY COUNCIL - MAY 8J 994 1~ Mayor Probst inquired if there is any flexibility with the site. Mr. Johansen indicated they are flexible as long as the building can be seen from the freeway. Mr. Pelstring indicated the site can be modified to meet the City's developmental needs. Councilmember Hicks inquired as to the purchase agreement Mr. Pelstring indicated this agreement is pending. He noted the desire of Hom Oak and Leather is to integrate the site with the City's development plans, but Everest has not yet given information regarding if this will work or not. Once this is known, they would be able to move forward or stop the process. Mr. Fritsinger indicated other issues also need to be reviewed, obviously the tax increment coming in sooner would be a benefit, but the project would need to be reviewed regarding up front costs, etc. Mr. Johansen indicated their desire is to break ground this fall with construction beginning soon after or early next year. Councilmember Aplikowski expressed concern that the City might bypass options, while waiting on Everest She inquired if there is any options available regarding speeding up work on a Developers Agreement with Everest. Mr. Fritsinger indicated time constraints could be established and forwarded to Everest regarding the development agreement Mr. Pe1string indicated this project could be reviewed in conjunction with the Everest development, but they would like to be included in discussions. Mayor Probst requested the City Ailmini!<frator to invite Everest to the May 18th Worksession to discuss this issue. Councilmember Malone concurred with Councilmember Aplikowski regarding the time frame. Councilmember Malone inquired if the Hom Oak and Leather Company expected the infrastructure to be built immediately. Mr. Johansen indicated they had not yet had a chance to review this, but noted they are willing to work with the City, they just need access to their site. Adopt Resolution #95-31. ABW A Lady Sl41per premilles Permit Renewal at F1ahertv's Arden Bowl. City Accountant Post reco=ended approval. MOTION: Malone moved and Keim seconded a motion to adopt Resolution #95-31, ABWA Lady Slipper Premises Permit Renewal at Flaherty's Arden Bowl. The motion carried unanimously (5-0). I I. I I I I I I I I- I I I I I I I Ie I MillEN HILLS CITY COUNCIL - MAY 8, 1994 2 Mr. Stonehouse noted the proposed date for beginning would be June 15th with a completion date of August 15th. Mr. Stonehouse noted a few properties that had been reviewed with irregular-shaped lots and properties with overlay assessments from 1991. Councilmember Malone indicated to clarify the calculation of the assessment was to equalize the portion paid by the odd shape lots with those surrounding them. Mr. Stonehouse indicated this was correct Mayor Probst invited the audience to address the Council with any questions regarding the County Road F Assessments, he indicated he had received letters from residents that will be added to the record. Mr. Greg Jones, 1691 Crystal Avenue, expressed a number of concerns regarding the unusual case of this road. He believed the assessment policy does not strictly apply to this road. Mr. Jones indicated when the road was a County road, residents were not assessed, and now they will be assessed, and he felt assessed excessively. He noted the residents will10se the benefit of not being assessed and pay for the benefit of others that use the road, such as the high school and through traffic. Mr. Jones noted the money received from the County regarding the tumback, does not go to benefit those who are paying for the improvements. Mr. Jones indicated with other cities where turnbacks have occurred, the cities aided in the cost of the improvements and did not over burden the residents. He provided the Council with comparative information from other cities. Mr. Jones expressed concem regarding the issue of proper notice of assessment, the assessment roll was not available until May 4, 1995, the policy indicates that two weeks should be available for the resident to review their assessment, this was not available. Mr. Oscar Lund, 4057 Fairview Ave N, indicated he supported the co=ents of Mr. Jones. He indicated the improvements will provide additional traffic. Mr. Lund inquired if the landscaping affected will be replaced or compensated by the City. Mr. Ken Schacht, 1683 West County Road F, indicated he had lived in the area since 1948. He expressed concern that the engineers did not fully investigate the options available in the design of the road. I I. I I I I I I I I- I I I I I I I I- I ,ARDEN HILLS CITY COUNCIL - MAY 8, 1994 3 Mr. Schacht did not believe the "benefiting" properties should pay so much. Mr. Schacht inquired if the embankment on his property would be supported during the construction of the street Mr. Stonehouse indicated this would be reviewed, the reconstructed street would basically be within the limits of the existing street. Mr. Don Tix, 1770 West County Road F, inquired as to the walkway, indicating it was his understanding that it would be removed, since that is the desire of the residents. Mr. Stonehouse indicated, as requested by the City Council, this issue was reviewed and the street was adjusted two feet to the north with available space for a six foot walkway and a four foot boulevard. Mr. Tix expressed concern that the residents were paying for a wider, heavier and more expensive road, for the benefit of the bus company. Mr. Tix indicated the difficulty the residents are having is with the County who did not assess for improvements, and now the residents are being assessed quite excessively. Mayor Probst indicated he believed there is a misconception, that the residents are paying a premium, but the assessment is not based on the actual cost of the improvements, but it is based on a typical city street. Craig Wilson, 1677 County Road F, expressed concern regarding the walkway. He indicated a petition had been forwarded to the City Council regarding the desires of the residents for the elimination of the walkway. Mr. Wilson believed the assessment is too high and felt other revenue sources should be investigated. Mr. Wilson indicated the City should allow for some type of extension regarding the assessment, as the notices of the assessment amounts were just received four days ago and two of those days were during the weekend. Also he feels the payment period is unreasonable, as not many residents would have the money by June. Larry Parker, 1814 West County Road F, supported all the previous comments from the residents. He believed the design of the road was unrealistic. Huy Pham, 1761 County Road F, supported the comments of the previous residents. He indicated his property was one of the odd shaped lots. Mr. Pham indicated two-thirds ofhis lot is wetland, and is undevelopable, but it is included in the assessment He noted since his lot is irregular the assessment attributed to his property is I I. I I I I I I I I- I I I I I I I I- I ,ARDEN HILLS CITY COUNCIL - MAY 8. 1994 ~ approximately $5,800. Mr. Stonehouse indicated this property was unusual and the shallow lot method was used to calculate the assessment. Mr. Pham indicated when he built his home approximately three years ago, the real estate agent stated the road was a County Road and there would be no assessment Mr. Cliff Aamoth, 1748 West County Road F, indicated he had received no notice of an assessment Mr. Aamoth indicated he realized the assessment was based on a typical street, but the improvements are necessary due to heavy traffic from the bus company and school. Mr. Insixiengmay, 4055 Valentine Avenue, indicated he also did not receive a letter of assessments. He indicated when he moved into his home one year ago, the real estate agent indicated County Road F was owned by the County and he would not be assessed. He also noted when he lived in Minneapolis and improvements were done in front ofhis home the assessment was only $800. Ms. Beth Kinner, 1745 West County Road F, indicated most of her concerns had been expressed already. She indicated the assessment would be a hardship for her family even if paid over one year. Ms. Kinner realized the improvements are necessary and will be done, but encouraged the City Council to make sure the project is safe. Mr. Howard Vander Wyst, 1716 West County Road F, indicated he supported the co=ents of the residents. Ms. Doris Canniff, 3946 Glenview Avenue, indicated she also support the co=ents of previous residents. She indicated she did not feel the walkway was necessary. Ms. Canniff felt the City should not have accepted the road tumback from the County with the road in its current condition. Mr. Dennis Zollinger, 1700 County Road F W, indicated he is still waiting to hear a positive response from the City Council regarding the desires of the residents. Mr. Zollinger noted other cities and the amount of their assessments were significantly less. Mr. Zollinger talked with the County Assessor who noted the value of the land will decrease due to the high traffic on County Road F. Mr. Zollinger indicated the residents are requesting that the City work with them. I I- I I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - MAY 8....1994 5 Ms. Dorothy Raett, 1703 West County Road F, indicated the residents do not favor a walkway and felt the City should comply with this request. Mr. Paul Tavernier, 1651 West County Road F, expressed concerns regarding the assessment manual, he felt the manual was good, but it did not address unusual circumstance and was not based on usage. Mr. Tavernier reviewed several questions to stress his point: a) Is County Road F just simply a connecting road over public land? No, it is not, as it has residents, school, park, and a bus company, it more resembles a collector. b) Is County Road F a residential street? No, it is wider, heavier construction, and is described according to the City as commercialfmdustrial. The speed limit is not residential, there are no children playing on the road. Mr. Tavernier believed this road is not a residential road in any regards and should not be assessed as a typical residential street Mr. Tavernier presented a study he did regarding usage of the road, he indicated there is approximately 25.1 % usage attributed to co=uters, 39.2% attributed to the High School, 25.1 % attributed to the Bus Company, 10.0% attributed to the residents outside of County Road F, 2.5% attributed to the residents on County Road F. Mr. Tavernier believed based on benefit received, the whole co=unity benefits. He noted the monies received .from the County should go to reducing the burden of the assessment to the residents. Mr. Tavernier indicated the benefits of a typical residential street are: the street is quiet, safe, semi- private, the residents have input in the decision making of the street and it is for the exclusive use of the residents residing on that street. He believed this did not apply to County Road F. Mr. Tavernier indicated it is unfair to assess 29 homes the same as a residential street would be assessed, when they do not receive the benefits of: a semi-private road, quiet, safety and there is not exclusivity. Mr. Tavernier compared the assessments of surrounding cities. He noted in New Brighton assessments are based by lot with a general assessment of approximately $1,200 to $1,800 for new developments and 25% for improvements. In Roseville it is 25% or approximately $15 to $16 per front foot Shoreview where there is most similarity with County Road turnbacks, in regards to County Road J, residents were assessed $1,100 each and County Road G2 residents who were assessed $1,200 each. I I- I I I I I I I Ie I I I I I I I I. I ,ARDEN HILLS CITY COUNCIL - MA Y 8~1994 6 Mr. Tavernier proposed to the City that the assessment manual does not apply in this case and should be reviewed and based upon usage. He felt a flat assessment to each resident would be more appropriate. Mr. Harmon Jr., 1661 West County Road F, indicated he had lived in the area since 1957. He indicated the traffic is unsafe on the road. Mr. Harmon supported Mr. Tavernier's comments. Mr. Paul Wallace, 1779 West County Road F, indicated he saw the value in the walkway and supported the walkway. He felt it was safer for walkers on the walkway than on the road. Mr. Wallace indicated in the past the resident's desires have not been recognized, the residents did not want the Bus Company in that location and they did not want the addition of new homes, but both projects moved forward Mr. Wallace noted many residents were told that the road would remain owned by the County and no assessments would be attributed to their properties. Mr. Wallace noted the maps are out of date and the surveys are inconsistent. Mr. Wallace believed the Council was losing credibility in the co=unity. Mr. Wallace indicated there are only 29 homes on County Road F, and that is not enough to support the improvements. He suggested using a tax on the high school to help support the improvements. Mr. Sean Regan, 1901 West County Road F, who represented RECO and the Bus Company said he was in support of the residents. He indicated RECO is paying $38,000 in assessments and are willing to contribute, but he indicated he did agree with the residents. Mr. Regan was in support for the walkway, he felt it would be safer for pedestrians. Ms. Sally Jones, 1691 Crystal Avenue, indicated she had three names to add to the previous petition regarding the walkway, this now brings the total to 25 out of 29 homes are in support for eliminating the walkway. Ms. Jones indicated she did not feel the plan had changed at all since the first time she saw it. Ms. Jones noted if the walkway should go in, it was indicated that it would have to be maintained by the residents. She visited areas in the City were there are walkways such as 96th and Hamline, Lexington, and 4466 Pleasant where the wa1ks are maintained by the City of Arden Hills. She I I. I I I I I I I Ie I I I I I I I I- I ARDEN HILLS CITY COUNCIL - MAY 8..J994 7 indicated if the walkway goes through, the residents would expect the walkway to be maintained by the City. Ms. Jones wished to clarify Mr. Tavernier's statement regarding the assessments in New Brighton, Mr. Rutherford indicated based on the original condition of the street, assessments range from $800 to $1,800. Ms. Jones indicated neighbors had their property appraised, the appraisal was lower than expected and the realtor indicated this was due to the fact that the home was on a busy street Mayor Probst indicated the Council has received the petition regarding the walkway and a final decision has not yet been made. He noted there will be additional pedestrian traffic to the New Brighton Family Services Center and that will also be taken into consideration. Mr. Rich Turgeon, 1777 Venus Avenue, believed that any assessment plan that would charge any resident up to $6,000 is an unfair plan. Mr. Carl Hosler, 1724 West County Road F, inquired if the reconstructed road would move the easement He had just recently added to his home and was curious if this would affect his setback. Mayor Probst indicated the setback is from the right of way and should not be affected. Mr. Jones indicated the sidewalks would be a safety issue as well, because it would draw kids to the sidewalk and encourage bikes also. Ms. Betty Blasczyk, 4050 Fairview Avenue North, indicated she had raised six children in the area. She noted, as a parent, you chose other routes to take your children to the park, County Road F is just too busy. Mr. Wilson, 1677 West County Road F, believed the walkway would not help regarding safety, the high school and Bethel College track teams will not use the walkway, they will use the road. Mr. Wilson indicated MSA funding may require an even wider walkway and that would encroach on residents' property. Mayor Probst closed the Public Hearing at 9:15 p.m. Mayor Probst indicated since there has been a large number of appeals received, he suggested an additional public hearing be held at the May 30th meeting. Councilmember Keirn commented that perhaps one half of the money received from the County be used to reduce the residential assessment.