The URL can be used to link to this page

Home My WebLink AboutCCP 04-24-1995 I .. AGENDA . ARDEN HILLS CITY COUNCIL MEETING . NEW BRIGHTON COUNCIL CHAMBERS MONDAY, APRIL 24,1995,7:30 P.M. . 7:30 PM 1. Call to order/roll call 7:30 PM 2. Agenda adoption . 7:35 PM 3. Approval of minutes a. Approval of April 10, 1995 Regular Council Meeting Minutes I b. Approval of April 17, 1995 Special Council Meeting Minutes 7:40 PM 4. Consent Calendar . a. Claims and Payroll 7:45 PM 5. Public comments . 7:50 PM 6. Unfinished and New Business .- a. Proclamation of Thanks to C.E. Sheehy/Mr. Shacker b. Adopt Resolution #95-27 Recognizing Arden Hills Volunteer Committee's c. Planning Case #95-11, Control Data - Minor Subdivision . d. Planning Case #95-9, CSM - Site Plan Review e. Adoption of Pay Equity Plan f. Approve TCAAP Master Reuse Plan Consultant . 9:30 PM 7. Administrator Comments . 9:35 PM 8. Council Comments 9:45 PM 9. Adjourn . The above times may vary depending upon length of issue discussion. Anril Meetine:s Mav MeetinflS . April 5 - Planning Commission May 3 - Planning commission April 10 - Council Meeting - 7:30 P.M. May 8 - Council Meeting -7:30 P.M. April 19 - Economic Development - 8:00 A.M. May 18 - Economic Development - 8:00 A.M. . April 20 - Council W orksession - 4: 30 P. M. May 18 - Public Works/Safety - 7:30 P.M. April 20 - Public Works/Safety - 7:30 P.M. May 18 - Council Worksession - 4:30 P.M. April 24 - Council Meeting - 7:30 P.M. May 23 - Park & Rec. Committee -7:00 P.M. . April 25 - Park & Rec. Committee -7:00 P.M. May 25 - Finance Committee - 7:30 P.M. April 27 . Finance Committee - 7:30 P.M. May 29 - Holiday May 30 - Council Meeting - 7:30 P.M. .. May 30 - Receive audited Report from A.A.E. . I I. CITY OF ARDEN HILLS I MEMORANDUM I DATE: April 21, 1995 I TO: Mayor and City Council Brian Fritsinger, Administrato(jt~ FROM: I SUBJECT: Administrator Comments for April 24, 1995 Council Meeting I l. Approval of Minutes I The Council is asked to approve the Minutes of the April 10, 1995 regular Council Meeting and the April 17 , 1995 Special Council Meeting. I 2. Consent Calendar Ie a. Claims and Payroll - The Council is asked to approve $200,976.55 in accounts payable and payroll claims. Of this total $108,134.45 was to Roseville for first quarter water purchased and $47,178 to the Met I Council Wastewater Service for the May sewer charges. 3. Unfinished and New Business I a. Proclamation of Thanks to C.E. SheehylMr. Shacker - Included in the packet is a Proclamation of Thanks to Mr. Sheehy and Mr. Shacker I for the donation ofland near T.H. 51 and Glenhill Road. Neither Mr. Sheehy or Mr. Shacker will be able to attend the Meeting. I b. Proclamation of Thanks to Arden Hills Volunteer Committees - The Council is asked to approve a Proclamation thanking its Committee I members for volunteering their services to the City of Arden Hills. c. Planning Case #95-11 Control Data - Minor Subdivison - This request I is for the purpose of splitting off a portion ofthe CDC site. The lot will than be sold to CSM who will develop one 32,000 square foot building for Dynamark. The Planning Commission approved this I request. ,- I -------- ----- -- -------- I 2 .- d. Planning Case #95-9 CSM - Site Plan Review - This request is for the - purpose of approving the site plan for the proposed 32,000 square foot Dynamark building. This was approved by the Planning - Commission. e. AdoJltion of Pav Equity Plan - The Council is asked to adopt the 1995 - Pay Plan which includes changes to the overall structure for the purpose of being in compliance with the Minnesota Pay Equity Act. The City has been notified by DOER that its new plan needs to be I approved and submitted by April 30, 1995. f. Approve TCAAP Ma~ter Reuse Plan Consultant - The Council is - asked to approve the selection of the Camiro's Ltd., team for the purpose of assisting the City in the preparation of a TCAAP Master - Reuse Plan. Staff will begin the development of a formal contract for services and refme the scope of services to be provided as part of the contract. . 4. Non-Al!enda Adminstrator Comments a. National Security Seminar - Susan Keirn, Cindy Walsh and myself -. were all selected to attend this seminar in Washington, D.C. Unless there is some specific TCAAP activities which the Council would . like pursued, I am not planning on attending the seminar. b. TCAAP Press Release - Attached the Council will find a copy of the . press release provided to the local news media in response to the Reuse of the Arsenal property, c. Anril 14. 1995. Memorandum from Cindy Walsh - The City Attorney - has completed his review of the Lindeys and Old Snelling Avenue . parks, His conclusion is that while the City has the use of these parks, it does not have the ability to convey the property for development. . . I -. . I '. MINUTES , CITY OF ARDEN HILLS, MINNESOTA SPECIAL COUNCIL MEETING MONDAY, APRIL 17, 1995, 4:30 PM , CALL TO ORDER/ROLL CALL , Pursuant to due call and notice therof, Mayor Dennis Probst called to order the Special , City Council meeting at 4:40 PM. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, I Susan Keirn and Paul Malone. Also present were: Clerk/Administrator, Brian Fritsinger; Jeannie Winiecki and Steve , Erickson. The Council heard presentations from RLK & Associates, Sasaki Associates, Lohan Associates , and Camiros. After hearing these presentations the Council then debated the merits of each of the firms' proposals. The Council indicated it desired to discuss further the proposal with ,. Camiros and will take formal action at its April 24, 1995, Council Meeting. Adjournment: Meeting adjourned at 10:45 PM. I , Brian Fritsinger, Administrator Dennis Probst, Mayor I , , , I ,- I I I. I MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING , APRIL 10, 1995 7:30 P.M. - NEW BRIGHTON CITY HALL , CALL TO ORDERlROLL CALL I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:31 p.m. , Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone and Susan Keirn. I Also present were: City Clerk! Administrator, Brian Fritsinger; Parks and Recreation Director, Cindy Walsh; City Accountant, Terry Post; City Attorney, John Miller; I Engineering Consultant, Greg Stonehouse; and Recording Secretary, Ruth McLaurin. I- ADOPT AGENDA MOTION: Aplikowski moved and Keirn seconded a motion to adopt the agenda for the April I 10,1995 City Council meeting as presented. The motion carried unanimously (5-0). PUBLIC HEARING FOR 1995 STREET MAINTENANCE IMPROVEMENT PROJECT I Mayor Probst opened the Public Hearing at 7:33 p.m. I City Administrator Fritsinger confirmed all proper notification had been given and was published on March 18, 1995 and March 24, 1995. , Mayor Probst indicated a neighborhood informational meeting was held last week. Mayor Probst indicated since he resides in the area to be improved, he would remove himself from I voting. I Engineering Consultant Greg Stonehouse briefly reviewed the streets to be improved during the 1995 year. He noted that Stowe A venue is in the process of being turned back to the City from the County. I Mr. Stonehouse reviewed the preliminary costs for the project. The Stowe Avenue project would ,- cost approximately $32.30 per front foot. He also noted the schedule for the project would begin with opening bids on May 10 with the awarding of bids on May 30. The project is proposed to begin construction in July and be completed in September. , ----- --~- I ARDEN HILLS CITY COUNCIL - Amil I O. 1995 2 el I Mayor Probst noted that County Road F will be improved, but that it will be discussed as a separate I issue. He invited those who have questions or comments regarding the streets noted in Mr. Stonehouse's presentation to step forward. Mr. Andy Kuehn, 3581 Ridgewood Road, noted his property is a downhill property and any I improvements on Ridgewood Court will affect his property. He indicated that if the road is raised any further, his front yard will be washed away, because previous drainage problems have occurred. I Mr.Kuehn indicated he has no interest in Ridgewood Court, but the improvements will affect his property. He indicated he wanted to inform the Council of his case. I Mr. George Moeller, 3551 Ridgewood Road, indicated if Ridgewood Court is raised even one inch, it would destroy his property. He indicated currently when it rains, it becomes like a river. He I believes digging the road up would be the only option. Mrs. Andy Kuehn, indicated the center of the road gets raised with every new seal coating and the I curbing is not enough to hold the flow of water. Mr. Moeller indicated there is no curbing left. Mr. Moeller believed the issue should be researched. -I Mr. Scott Larson, 1178 Benton Way, asked if there would be any assurance that the actual cost I will not exceed the estimated costs. Mayor Probst noted the bids will come back before the Council and would be voted on, and also an assessment hearing will be held. Mayor Probst noted typically the bids have been coming in lower than the estimated cost. I Mr. Steven Forestell, 1190 Benton Way, Hunters Park Townhome Association, indicated all members of the Townhome Association should be assessed equally. Mayor Probst indicated in the I past the City has assessed other Townhome Associations as a common owner and divided the total equally between the members. Mr. Roger Aiken, 4360 HamIine Avenue, inquired if curbs and gutters are always put in. Mr. I Stonehouse indicated typically they are. I Mr. Aiken indicated a Storm Water Management plan should protect the property from run-off during construction. I Ms. Doris Canniff, 3946 Glenview Avenue, indicated problems with the seal coat over the years has raised the height of the road, causing water to pool in her driveway. I Mr. Ed Kosse, 1865 Stowe Avenue, inquired as to access on Stowe Avenue during construction. el Mr. Stonehouse indicated during construction the road would be limited to residents, although the access may be difficult at times, a 24 hour emergency access is mandatory and the contractor will I I I. , ARDEN. HIl,LS CITY COT)NCIL - AmiD 0 ] 995 0 J , difficult at times, a 24 hour emergency access is mandatory and the contractor will attempt to have access during morning and evening rush hours, allowing residents to get in and out of their homes. , Mayor Probst closed the Public Hearing at 7:55 p.m. , Councilmember Malone noted that in regards to the Ridgewood Court issue, he felt the City should not add to the problem, but review the drainage issue. He inquired whether or not the Engineer had an opportunity to review this area. Mr. Stonehouse indicated he had not reviewed this area in detail, , but noted there would be various options. He would get back to the Council with his recommendations. , Councilmember Malone suggested deleting Ridgewood Court from the project until the issues can be researched. Councilmember Aplikowski concurred, indicating the City needs to repair the road correctly to resolve the problem. I MOTION: Malone moved and Hicks seconded a motion to adopt Resolution #95-26, Ordering .- the 1995 Street Maintenance with the exclusion of Ridgewood Court until further review. Vote: 4 ayes - 0 nays, with Mayor Probst abstaining, motion carried. Mr. Fritsinger noted one correction on the next resolution, the date of the Hearing should read Mav , 30. 1995, not May 29, 1995. MOTION: Malone moved and Hicks seconded a motion to adopt Resolution #95-27, Approving I Plans and Specifications and Authorizing Advertising for Bids for the 1995 Street Maintenance Improvements with the noted correction. Vote: 4 ayes - 0 nays, with I Mayor Probst abstaining, motion carried. Councilmember Malone directed staff to review the issue regarding Ridgewood Court. Mr. , Stonehouse indicated he would research and return with a report for the Council. APPROV AL OF COUNCIL MINUTES I March 27,1995 Regular Council Meeting. . Councilmember Malone indicated under Administrator Comments paragraph three, Councilmember Hicks name should be added. I Councilmember Hicks had a few grammatical corrections and indicated he would pass them on to the City Administrator. ,e I ----- - ARDEN HILLS CITY COUNCIL - AnrillO. 1995 4 .- . MOTION: Aplikowski moved and Keirn seconded a motion to approve the minutes of the March 27, 1995 regular City Council meeting as corrected. The motion carried . unanimously (5-0). CONSENT CALENDAR . A. Approve Mileage Reimbursement Rate Increase . B. Review 1994 Treasurer's Report C. Adopt Resolution #95-29, 4 M Fund Corporate Authorization D. Approve Claims & Payroll . MOTION: Hicks moved and Aplikowski seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. . The motion carried unanimously (5-0). PUBLIC COMMENTS . Mr. Craig Wilson, 1677 County Road F, wanted to thank the Mayor; Councilmembers Malone -. and Aplikowski; Mr. Fritsinger and Mr. Post, for attending the informational meeting held last week regarding County Road F. Hearing no further public comments Mayor Probst proceeded with the meeting. . UNFINISHED AND NEW BUSINESS . Consider Environmental Assessment Worksheet for Ogren PUD Mr. Fritsinger indicated on March 26, 1995, the City of Arden Hills received a petition requesting . that an Environmental Assessment Worksheet be prepared on the Ogren PUD Project. This petition was forwarded to the City from the State Environmental Quality Board on behalf of the Neighbors . of Valentine Lake, Inc. Mr. Fritsinger indicated the purpose of the EA W process is to disclose information about potential . environmental impacts of a project. The EA W is not an approval process. The information disclosed in the EA W process has two functions: (I) It is used to determine whether an Environment Impact Statement is needed; and I (2) It indicates how the project can be modified to lessen its environmental impacts. I Mr. Fritsinger explained the EA W process involves four major steps: -. . I I. I ARDEN HILLS CITY COUNCIL - Anril I 0 1995 5 I (I) The proposer of the project supplies data necessary for the completion of the EA W to the Responsible Governmental Unit (RGU). I (2) The RGU prepares the EA W. (3) Thirty (30) day public comment period. (4) The RGU responds to the comments received and makes a decision on the need for I an EIS based on the EA W, comments received and the responses to the comments. The RGU and other units of government may require modifications to the project to mitigate environmental impacts as disclosed through the EA W process. I Mr. Fritsinger continued to explain, an EA W is required for any project listed in the "mandatory EA W categories" of the EQB rules. He indicated it is staffs' position that this project does not I necessarily fall under any of these categories and a mandatory EA W is not required and would fall under a discretionary EA W. I Mr. Fritsinger indicated if the preparation of an EA W is neither mandatory nor exempted the City has the option to prepare an EA W. The City may elect this option if it finds that available evidence .- indicates that the project "may have the potential for significant environmental effects." Mr. Fritsinger indicated a letter had been received just prior to the meeting, from Mr. Ogren and his I attorney regarding exemption. Mr. Fritsinger referred to Mr. John Miller, counsel for the City. Mr. Miller indicated he did not have enough time to review the letter fully, but it is obvious Mr. . Ogren is requesting the City not to order an EA W. Mr. Fritsinger indicated ifhe understands correctly, the attorney is indicating the exemption portion . of the regulations would apply as the development proposed is under 20 units is size and under the discretionary EA W, this exemption would apply. , Mayor Probst inquired if the City could order an EA W based on the questions from the Rice Creek Watershed District. Mr. Miller stated this would indicate under the mandatory portion of the regulations there was a change in course or cross section of a one acre portion of a protected wetland. , Mayor Probst inquired if it was true, as proposed, the drainage is in fact being reversed into Valentine Lake, a protected lake. Mr. Fritsinger indicated this appears to be correct, as site plans , note a pond on the northeast comer of the site which will flow directly to Valentine Lake. Mr. Miller indicated if the City Council defines that finding, that argument should be included in any action. I Mayor Probst expressed concern if an EA W is ordered, and perhaps the POO denied, could the EA W ,. still be effective ifMr. Ogren came back with modified plans. Mr. Miller believed it would be in effect if there was less impact on the site, but if the building density increased an additional EA W could possibly be requested. , - - . ARDEN HIL):,S CITY COUNCIL - Amil 10, 1995 6 .. I Mayor Probst wanted to clarify for the audience, if the EA W was ordered, the City would select a I neutral consultant to write the EA W. The City believes it to be true, that the cost would be covered by the developer. Councilmember Keirn indicated since this proposal is for under 20 units, it could be defined as an I exemption under the discretionary EA W. Mr. Fritsinger indicated there is a long list of impacts listed under an discretionary EA W, and this appears to fall under an exemption, I Mr. Miller for clarification, indicated if the Council decides to order an EA W, they would determine if this EA W would fall under the category of Mandatory or Discretionary. Ifit is decided the EA W I is Discretionary, a long list of exemptions must be reviewed and if an exemption is found, an EA W cannot proceed, Mayor Probst indicated if there is a change in flow of drainage to a protected wetland this could fall I under a mandatory EA W. I Mayor Probst opened the floor to the public and indicated all comments and testimony from the previous Planning Commission and City Council meetings are on the record and need not be el repeated. Mr. Tom Casey, 2854 Cambridge, Mound, MN; an attorney representing the Neighbors of . Valentine Lake, Inc., indicated he was prepared to talk in regards to various issues pertaining to the EA W process. He noted he would like to clarify the staff analysis for the EA W exemption, This exemption is not appropriate as he indicated the rule regarding 20 units is modified if the site is I within the Shoreland classification area. He noted the site as defined by the Ordinance is within 1,000 foot line around Valentine Lake. This would remove the site from exempt status and require the EA W to be performed under a mandatory determination. I He indicated he had spoken with Mr. Downing from the DNR regarding that site in reference to the I Shoreland Management Ordinance. Mr. Casey indicated since the property is located within the Shoreland Management District, the . definition would then return to the Mandatory versus the Discretionary EA W. Mr. F ritsinger indicated in reference to the Shoreland Ordinance, the Ordinance does state 1,000 feet I would be correct, but the City has a map detailing the Shoreland and Floodplain areas and this property is not in either of these areas. The City is attempting to contact the DNR to verify how the Ordinance applies to this site. I Mr. Casey indicated he would give legal analysis regarding the EA W issue. -. I I .- ~ - ARDEN I;J;ILLS CITY COUNCIL - Amill O. 1995 7 - I Mr. Casey noted the Environmental Policy Act has been on the books for 20 years, and through this act there is an educational and fact finding mission under Environmental Quality Board rules and I state statutes. He indicated a liberal interpretation of these rules follows from the Policy Act itself. Mr. Casey indicated there are two tests he wishes to discuss, the Mandatory Testing, and the I Threshold Test; an alteration of cross section of one acre or more of protected wetland. He indicated another issue is whetlu:r or not this would fit the category of where there would be a potential for significant environmental effects. I Mr. Casey implied the City Administrator Mr. Fritsinger may have misquoted the law, he indicated the law states: n ...it ~ be done, (EA W) if you find that there may be a potential for significant I environmental effects", it is not a may but a shalL Mr. Casey addressed the Threshold Test; whether or not a cross section of land or lake is effected. I He noted a wetland map indicated three wetland areas. He approached the Council and identified the area he referenced. He indicated unless the City has identified the wetland as exempt, those -. areas are protected under the Wetlands Conservation Act. Mr. Casey indicated the developer admits to changing the course and cross section of the wetlands. The DNR has received an Engineering Application from the developer, which indicated the site drainage would be outletted to the lake at velocity, and would impact the protected water. - I Mr. Casey indicated wetlands to the west may also be effected due to change of topography during development. I Mr. Casey encouraged individuals to' add to testimony already given regarding potential environmental effects, and he would comment later. I Mr. Mark Chapin, 3947 Rolling Hills Road, indicated he would like to add three items in regards to environmental effects that he believed had not already been mentioned. I Mr. Chapin indicated he would like to provide three additional documents for the record. First he indicated he had a Minnesota Geological Survey Plate from 1992. He stated this identifies the wetland to the west of the proposed development as an area which has a high sensitivity to pollution. I This means the estimated travel time for water going from contaminants at the land surface to reach the water table systems are within hours to months. ~ Mr. Chapin also he indicated he had two letters from Ramsey County, one letter dated AprilS, 1995 - addressed to Mr. Fritsinger from Gregory Mack, which indicates the easement on the property is an .. interest the County owns and wishes the City to respect this in regards to the development. He indicated the second letter was mentioned at the Council meeting of March 27 and states the interest - I . -.------- -.--.-- ,-~- I ..... ARDEN IiII-LS CITY COUNCIL - Amil I O. 1995 8 - . of the County to add the property to their park inventory, should the land become available for open I space. Mr. Jay Schnmkler, 1798 Venus Avenue, expressed concern that the rare State Threatened I Species of Blanding turtles in the area would be affected adversely due to the development. He indicated the EA W is necessary, Mr. Martin Roller, 1700 Glenview Avenue, indicated in regards to the affect on the environment, I he believed the incremental approach would also adversely affect the area. He expressed concern that the development would begin, the area cleared and only two townhomes be constructed and the I developer could possibly go broke and a desolate site would remain. Mr. Casey indicated there various reasons for the ordering of the EA W: I .. High ground sensitivity to adjacent site. .. 1980 Soil Survey indicated this site not appropriate for building. I .. Pond run off and effects of cross section of water to the east. .. DNR application indicating the emission into the lake is at velocity. .. _ .. Alteration of the wetland from the pond outlet pipe. .. Delineation of wetland, decreasing or increasing water. .. Buffering has not been identified. .. Perhaps a violation of the Minnesota Environmental Rights Act: referenced Court Case Ricen vs. County of Free borne. .. Landscape Plan indicates only 33% of trees will be native trees, no attempt to replace I ecosystem. .. Wildlife that travel in this corridor: turtles, fox, turkeys, deer, and various others. .. H~ous street designation from Ramse:YCounty Sheriff's office. I .. Reports from other governmental agencies requesting EAW-, .. Zoning Code requires EA W, Section V -L.5F on page V -20. .. Comprehensive Plan, all proposed development shall be evaluated. I .. Environmental Quality Board rules requires EA W~ ". .."., t.~. ., Mr. Casey indicated the iaw requires' the: City Council to i{jrder an EA W, to <.let~rmine if an I Environment Impact Study should be done. The EA W will correlate all necessary information into one doc~nt. I Mr. Dave Price, an attorney. repreli'eIlting Mr. Ogren, indicated relevant section regarding the petition; 4410.1100 requires the petition meet the "burden of proof' whether there is a possibility _ of significant environmental' effects." ., j>" " ~'<,. ~ Mr. Price referencing a copy of a preliminary report provided by the Rice Creek Watershed District, .- indicates their findings are that there will be no direct impact to the wetlands on this site. _ I