HomeMy WebLinkAboutCC 08-29-2005 (2)
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Approved: September 12, 2005
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
AUGUST 29, 2005, 7:00 P.M.
CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96
PLEDGE OF ALLEGIANCE
REGULAR CITY COUNCIL MEETING CALLED TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the
regular City Council meeting at 7:05 p.m.
Present:
Mayor Beverly Aplikowski, Councilmembers Gregg Larson, Lois Rem (left
the meeting at 9:25 p.m.), and Brenda Holden.
Absent:
Councilmember David Grant (excused).
Also present were City Administrator, Michelle Wolfe; Director of Operations &
Maintenance, Thomas Moore; Finance Director/Treasurer, Murtuza Siddiqui; City
Engineer, Greg Brown; Assistant to City Administrator, Schawn Johnson; City Planner,
Pete Hellegers; and Recording Secretary, Kathleen Altman.
1.
APPROVAL OF MEETING AGENDA
The agenda was approved as presented.
2. APPROVAL OF MINUTES
A. August 8, 2005 City Council Meeting Minutes
B. August 8, 2005 Special City Council Meeting Minutes
MOTION: Councilmember Larson moved and Councilmember Holden seconded a
motion to approve the August 8, 2005 City Council Meeting Minutes as
presented, the August 8, 2005 Special City Council Meeting Minutes as
presented. The motion carried unanimously (4-0).
3. CONSENT CALENDAR
a.
b.
Claims and Payroll
Authorize City Staff to Prepare Final Plans for the 2006 Highway 96 Landscaping
Project
Change Order No. 2 to Arnt Construction for the 2004 PMP in the amount of
$55,607.
Payment No.5 to MC Builders, Inc. for the Perry Park Pavilion
c.
d.
I lMetro-ine!. uslardenhillslAdmin ICouncillMinuteslRegular\2005108- 2 9-05 Approved.doc
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MOTION: Councilmember Rem moved and Councilmember Larson seconded a
motion to approve the Consent Calendar and to authorize execution of all
necessary documents contained therein. The motion carried unanimously
(4-0).
4. PUBLIC INOUlRIES/INFORMATIONAL
A. Representative Char Samuelson and Senator Satveer Chaundrv
Representative Char Samnelson presented a 2005 Legislative Update.
Senator Satveer Chaundry summarized what had been accomplished in the 2005 Legislative
sessIOn.
Councilmember Larson suggested for they look at the possibility of drafting legislation to
determine if police/sheriff pursuit policies should be standardized. Senator Chaundry stated he
would be willing to attend any meeting the City had regarding this.
s.
PUBLIC HEARINGS
A. 2006 Ridl!ewood Neil!hborhood PMP Public Heariul!
Mr. Brown stated the feasibility report was received by Council at the August 8, 2005 meeting and
outlined the anticipated improvements, options, costs and funding associated with the 2006 PMP
project. Two general neighborhood meetings have been held to date as well as a meeting with the
Lake Johanna Beach Club and a meeting with Rice Creek Watershed and the Beach Club
leadership. The public hearing will allow residents to voice their opinions, raise concerns and ask
questions about the project in a formal setting.
Councilmember Larson asked for additional information as to where they were in discussions
with the landowner on the comer of Siems Court and Lake Johanna Boulevard. Mr. Brown
replied they had met with a representative of the owner as wen as Rice Creek and the comments at
the time were they would like the pond to happen, but they alluded to they might have something
imminent. He indicated he would approach them again.
Councilmember Larson requested Mr. Brown to pursue this further. He asked what the
condition of the sub-base and base on Ridgewood was. He inquired as to how long that road
would hold up. Mr. Brown responded Ridgewood was overlaid, but he did not believe it had
been rebuilt. He stated he did not have anything to show what the sub-base was, but he believed it
was probably fairly heavy clay. He indicated it was still in good surface condition. He believed it
would remain in good condition for another decade with a reasonable amount of serviceability.
He stated the only concern he had with Ridgewood was possible drainage issues that had been
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brought to his attention by a couple of residents along Ridgewood. He did not believe
reconstructing this street at this time would be money well spent.
Councilmember Larson asked if the residents of the Beach Club were the same residents in this
project. Mr. Browu replied he believed there were three or four less people in the association
than the neighborhood at large.
Councilmember Larson asked if the Siems Court driveway was on City property. Mr. Brown
replied part of it was, but it was not maintained by the City.
Councilmember Larsou asked if there was any reason for the City to maintain that driveway
rather than deed it over. Mr. Brown responded he believed this functioned as a private drive, but
he was not sure how this fit in legally. He suggested they might want to have some type of an
easement agreement.
Councilmember Holdeu asked if the anticipated costs were current. Mr. Brown responded they
figured this project on 2006 dollars.
Councilmember Holden asked what the rating on Ridgeway Court was. Mr. Brown replied the
rating was in the high 80's and it was performing well.
Councilmember Holden asked if visibility, turning from Lake Johanna onto SiemslRidgewood
was a problem for pedestrians since Siems/Ridgewood did not have a sidewalk. Mr. Brown
noted Lake Johanna Boulevard was a different situation and he believed there was a fair amount
of right-of-way for a sidewalk if the Council wanted to look at a sidewalk on this street.
Councilmember Holden inquired about the additional cost of a roundabout. Mr. Brown replied
it would be approximately $35,000 additional. He indicated a roundabout was not necessary
because the amount of cars on the streets were minimal, so they would only be for aesthetic
purposes.
Mayor Aplikowski opened the public hearing at 8:21 p.m.
Janet Connor, 3489 Siems Court, inquired about the accessibility. She asked if accessibility
would be by foot or by car. Mr. Brown responded it would be generany by car and the only time
they would not be able to access their garages was when the concrete was poured, which would
need a couple of days to cure.
Ms. Connor asked if the residents be able to vote on the options presented tonight or would the
Council make the decision. Mayor Aplikowski responded the Council wanted to hear from the
residents tonight and the decision would be made by the Council.
Ms. Connor stated she did not like curbing and she wanted to keep the "country feel". She
expressed concern the neighborhood would lose its character with curbing. She indicated she was
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completely against the roundabouts. She stated she was under the impression that buying into the
neighborhood that she was automatically a member ofthe Beach Club.
Tom Ostby, 3517 Siems Court, stated he would be materially affected by the changes to the
retaining wall. He indicated he would like to see the street continue to go through and they have
been maintaining it, not the City. He did not believe an easement agreement would be necessary.
He stated he wanted more information with respect to the vegetation on the hill and the retaining
wall look. He stated he was willing to compromise and would like to meet with the City
Engineer. He stated he wanted to keep the right-of-way open because they owned two lots and
believed his property value would be affected if the right-of-way were closed.
Steve Erickson, 3442 Siems Court, stated he was in favor of a 4" surmountable curb. He agreed
a surmountable curb would lead to a less structured appearance. He stated he had done an
informal poll and several of the surrounding cities and neighborhood residential areas had
surmountable curb. He indicated he was not in support of the roundabouts and did not believe
there was enough traffic to warrant them, but requested the City take an aggressive stance on
roundabouts and adding them on Old Snelling. With respect to drainage, he did want to see more
information as to what was being proposed, including the design. He stated he believed the
membership of the Beach Club was 50-55 residents, which was 10-12 under the assessed number
of homes. He also noted there were some Snelling Avenue residents that were also members,
approximately 3-4, that would need to also be taken into consideration when the assessment was
put together. He requested more information as to how the water main decision was going to be
made. Mr. Brown responded in the past they replaced the mechanical parts of the system and if
they found a main that was in poor condition, it was replaced, but in this case, they would first
start with the budget.
Mr. Erickson stated he was not in favor of sidewalks and there was not enough traffic to justify
them. He asked about the construction on lift station 4 and the fill being placed in there, as well
as the trees being removed. Mr. Browu replied with respect to fill, there should not be any
sizable change when it was done, but temporarily there were spoil piles which would be graded
down when the old lift station was removed. With respect to the trees, where the force main came
out, some trees needed to be removed, and would not be replanted over the main. He stated they
would attempt to provide screening though.
Mr. Erickson noted he had volunteered to be the Beach Club's liaison.
Bill Henry, 3520 Ridgewood Court, Beach Club Secretary, stated they had a Beach Club
meeting and there was a general enthusiasm for the storm water runoff project and using the
Beach Club marsh as some part of that, but questions were raised as to the compensation to the
Beach Club. He stated they did not want roundabouts and they wanted to preserve as many trees
as possible. He stated in general he believed everyone was looking favorably toward this.
Steve Nelson, 3475 Siems Court, pointed out there was a 2-inch overlay placed on Siems Court a
few years ago which raised the elevation up. He asked them to take that into consideration when
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setting the elevation. He stated he would rather see the surmountable curb. He was not in favor
of the roundabouts or sidewalks. With rcspect to the watermain, he inquired as to how much
would that increase the assessments. Mr. Brown replied replacement of the watermain was a
City expense and would not be assessed to the residents.
Mr. Nelson stated he did not believe thc Beach Club should be assessed.
Bill Thorton, 3510 Siems Court, stated he was opposed to roundabouts and traffic did not
support a roundabout. He stated he was also opposed to sidewalks. He expressed concern about
the assessment cost and asked someone take a look at what was behind the cost and obtain
additional bids. He asked if they possibly looked at some kind of a trade off for the Beach Club
marsh lands.
Jim Connor, 3489 Siems Court, stated he had daily jogged, biked, or walked to his offices in
Downtown Minneapolis. He stated the sidewalk they had was nice, but it went nowhere. He
stated the roundabouts werc nice, but they did not have the room for one. He asked if the purpose
of a water system was to help the lake or a resident who had drainage problems. He stated if it
was to clean the lake, they needed to include everyone that emptied into the lake. If the purpose
was drainage problems, then the entirc neighborhood should be assessed. Mayor Aplikowski
stated the purpose was to fix the road and ifthey could fix drainage also that was one of the goals.
Lisa Abraham, 3511 Siems Conrt, opposed the roundabouts. With respect to drainage and
curbs, she was in favor of curbs. She stated it was her driveway that had a lot of drainage issues.
She expressed concern about the road being brought down to 22 feet and asked parking
restrictions be put in place if this was done. With respect to the extra road, there was an easement
on both sides, with her house being on one side. She expressed concern if they closed off this that
would increase traffic for her and she believed this would affect her property values. She stated
she was in favor of the retaining walls and removing some of the trees, or else putting up a sign
that said 'Blind Driveway'. She asked if Siems Court elevation would be decreased. Mr. Brown
responded the elevation would be a little lower, but the general idea was to have the street act as a
drain and not go out into people's yards. He stated there would be some adjustments to the grade.
He indicated this would be looked at case-by-case.
Ms. Abraham stated if the elevation would be brought down in front of her house, she was in
favor of it.
Jean Price, 3471 Siems Court, stated she was not interested in the roundabouts and sidewalks,
but she thought a roundabout would be nice on Snelling Avenue and Lake Johanna Boulevard.
She stated she was not in favor of the additional options of colored concrete or exposed aggregate,
but she had no opinion with respect to curb. She stated she was not in favor of signage if there
were parking restrictions put in place.
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Couucilmember Larson asked for clarification on the reduction of the road. Mr. Brown stated
the back-to-back was comparable to the existing width, but there would be a loss of 2 drivable
feet.
Councilmember Holden asked if roundabout were included in the price. Mr. Brown replied
they were not.
Dave Carlson, 3535 Siems Court, thanked the City Engineer for his work and stated he was
excited about this project. He appreciated that the residents were given the opportunity for input.
He stated the residents had a lot of stake in this neighborhood. He stated if the City needed his
northern yard, they could have it. He noted he got most of the drainage from Siems Court and the
drainage was eroding the lot between him and his neighbor and now he would now need to get
some fill. He expressed concern about tree loss on his lot and stated ifhe was to lose any trees, hc
wanted to lose trees along the street and not along the lake. With respect to the driveway, he has
been maintaining it and the retaining wall since he had moved in and put over $10,000 into the
driveway before he realized the City owned it. He stated if the retaining wall was not replaced
now, they would spend three fold in a few years. He indicated the retaining wall was falling down
and he would like to see it rebuilt, but he did not want to see the driveway extended. He stated he
wanted to see the driveway vacated and put in something more accessible and user friendly. With
respect to the roundabouts and sidewalks he was opposed to these and did not believe they were
necessary. He stated he was also opposed to curb.
Diane Pearson, 1556 Arden Place, stated she was opposed to the roundabouts. She inquired
about the wetlands and the ponds. She asked ifrain gardens were a part ofthis plan. Mr, Brown
stated he had met with the Beach Club and Rice Creek Watershed and rain gardens were
infiltration basins and in this neighborhood there were some areas conducive to rain gardens, but
noted they would need plumbing to drain them. He stated in his report they had a merging of two
ideas with infiltration basins along the wetland itself where there was natural vegetation. As a
general rule, they had to have the right type of topography and he did not believe the topography
was right for this project.
Ms. Pearson stated she was not in favor of curbs, but if there had to be curbs, she was not
opposed to surmountable curbs. She stated she was not in favor of sidewalks.
Steve Nelson, 3475 Siems Court, asked how they could allow buildings to be built in the high
water mark on Lake Johanna. He requested the Council look at this.
Mike Hagen, 1540 Arden Place, stated he was opposed to sidewalks and roundabouts. He asked
if there was any difference in drainage with the curb options. Mr. Brown stated a 6-inch curb
would get them another couple of inches of protection and the surmountable and 4-inch curb were
the same protection. He stated whether there were surmountable curbs or not, they would have
individual driveway aprons. He stated there was not a "no curb option" because the drainage
issues would not be addressed with no curbs. He noted with surmountable curbs, there was the
possibility of sod being pulled up in the winter by the plows.
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Mike Hagen, stated he was in opposition to assessing the Beach Club. He asked if there were
going to be storm sewers put in along Arden Place. Mr. Brown stated there would be curb and
gutter, which would be collected in structures and put into treatment ponds. He noted it would
eventually get put into the lake underground.
Mayor Aplikowski closed the public hearing at 9:23 p.m.
Councilmember Rem left the meeting at 9:25 p.m.
6. NEW BUSINESS
A. Accept Refuse Hauler Task Force Final Report
Mr. Siddiqui stated in the fall of 2004, the City Council revised the purpose and scope of the
Assessment Policy Task Force and requested the group review and examine the impact garbage
trucks have on the City's streets and to explore options that may reduce the wear and tear of the
streets.
The Task Force explored numerous options by seeking input from the garbage haulers, studying
reports published by various consultants, and observing the process and outcome the City of
Falcon Heights was going through as it studied organized collection.
The Assessment Policy Task Force has completed their work and presented their report to the City
Council at their Work Session on August 8, 2005. The Council appeared to be satisfied with the
report and it is being presented at this meeting for the final approval.
He recommended the City Council accept the Assessment Task Force's Report on Refuse Hauling
and to jointly sign the Memorandum of Understanding between the City and the Refuse Haulers.
Bill Gillies, Task Force Member, stated he believed the City benefited with respect to the
garbage haulers in this process and he had noticed a difference in the way the garbage haulers
handled the garbage.
MOTION: Councilmember Holden moved and Councilmember Larson seconded a
motion to accept the Assessment Task Force Report on Refuse Hauling and
to jointly sign the Memorandum of Understanding between the City and the
Refuse Haulers. The motion carried unanimously (3-0).
B. Variance Extension for 3459 Siems Court. PC #03-14
Mr. Hellegers asked Council to consider a 6-month extension to the variance that was approved
on August 25, 2003 and granted a 1-year extension on September 13, 2004.
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He stated at their August 25, 2003 meeting the City Council approved a 9-foot structure setback
variance to the Shoreland and Zoning Ordinances subject to the conditions that all necessary
applications for building permits shall be filed with the Building Official for approval prior to the
issuance of a building permit.
Typically, a variance expires one year from the date the variance was approved if the applicant
does not file for a building permit within that period of time. On July 28,2004 the City received a
letter from Ms. Mohn requesting a one-year extension for the variance. Ms. Mohn cited the
number of surgeries and health issues that she has had over the past year which have not allowed
her to finish the planning, writing of specs, and seeking bids from builders. The City Council
granted the extension on September 13, 2004.
Recently staff met with Ms. Mohn regarding the upcoming deadline for issuance of a building
permit. She submitted a letter on August 21,2005 explaining the reasons why they were not yet
ready to submit for building permits. The letter explained that Ms. Molm has encountered some
severe respiratory problems; the resolution to which understandably became their main focus. In
addition, the new architect was brought on board to resolve design issues related to the roof
structure and storage issues. The revised design would actually pull the structure back two (2)
feet thereby requiring less of a variance than was approved. In addition to the Jetter, the new
architect had provided a timetable that outlines what would be accomplished over the next six
months through to the anticipated start of construction on February 20, 2006.
He stated it appeared the resident was acting in good faith to try and meet the City's guidelines
and that the health issues had been the primary reason they had not been ready to submit for
building permits. Based on the extenuating circumstances surrounding the resident's health and
the fact that the resident had a schedule to be ready for building permit within 6 months, staff
recommends approval of the extension for the requested 6-month period.
MOTION: Councilmember Larson moved and Councilmember Holden seconded a
motion to approve the requested 6-month period for variance extension for
3459 Siems Court, PC #03-14. The motion carried unanimously (3-0).
7. UNFINISHED BUSINESS
A. Shade Tree Ordinance
Mr. Johnson stated in 2004, City staff received a number of concerns from residents regarding
the removal of diseased trees. After reviewing the City's existing shade tree ordinance, it
appeared that it was in need of some revision. The existing ordinance had not been updated in
many years and with the recent outbreak of tree related illnesses throughout the State of
Minnesota it was important that the City implement a revised ordinance that is more proactive in
the prevention of Dutch Elm and oak wilt diseases. The intention of the proposed ordinance was
to more clearly define the tree removal process and the City's regulations regarding the role of the
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City Forester and proper procedures for removing shade trees that were considered diseased or
unsalvageable.
Based upon the City Council's recommendations at the July 18 work session meeting, City staff
reviewed the shade tree ordinances for the Cities of Blaine, Elk River, and Minneapolis.
Additional language has been added to the proposed shade tree ordinance in order to more clearly
define tree nuisance and the root grafting procedure.
In addition, City staff asked a few "experts" in the field to review the ordinance and provide City
staff with feedback regarding the proposed ordinance. At this time, Dr. Bob Blanchette and
Jennifer Juzwick Larmour, have reviewed the proposed shade tree ordinance and have
recommended a few changes to the proposed ordinance.
City staff is requesting City Council approve Ordinance #365, section 710.12 an Ordinance
Relating to Protection of Shade Trees and repeal section 710.11.
Councilmember Holden asked how long the City had to remove diseased trees off of City
property. Mr. Moore replied the City fonowed the same rules.
MOTION: Councilmember Larson moved and Councilmember Holden seconded a
motion to adopt Ordinance #365, Section 710.12 an Ordinance Relating to
Protection of Shade Trees and repeal Section 710.11. The motion carried
unanimously (3-0).
Councilmember Larson suggested a letter be sent to Mr. Blanchette and Ms. Larmour and
signed by the Mayor thanking them for their assistance.
B. TCAAP Update
Ms. Wolfe updated the Council on recent TCAAP developments.
CITY COUNCIL REPORTS
Councilmember Holden - Thanked the two seasonal employees for coming to the aid of a
resident who had fallen. She stated the Newsletter Committee meets this Wednesday at 5:30.
Councilmember Larson - No report.
Mayor Aplikowski - Stated there was a 35W coalition tomorrow night. She stated there was an
800 mg. meeting on September I at the Public Works building. She stated there was also a series
of Arden Hills Library Task force meetings coming up on September.
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Mayor Aplikowski adjourned the Regular City Council Meeting meeting at 9:47 p.m.
-
L~~;/~-
/ Beverly liko ski
Mayor
Michelle A. Wolfe
City Administrator
NOTICE OF MEETINGS
The next Council Meeting will be held Monday, September 12, 2005 at 7:00 p.m. at the Arden
Hills Council Chambers.