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HomeMy WebLinkAboutCC 04-14-2003 - - ~ ~ ~HILLS MEETING MINUTES APPROVED CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 14, 2003, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the Regular City Council meeting at 7:08 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Brenda Holden, Gregg Larson, and Lois Rem. Absent: None. Also present were Interim City Administrator/Director of Community Services, Aaron Parrish; City Attorney, Jerry Filla; Deputy Clerk/Human Resources Director, Cynthia Young; Operations and Maintenance Director, Thomas Moore; City Planner, Peter Hellegers; City Engineer, Greg Brown. 1. APPROVAL OF MEETING AGENDA Councilmember Larson added Item 8.B: TCAAP Post Office Policy under Operations and Maintenance. MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to adopt the agenda for the April 14,2003, Regular City Council meeting as amended. The motion carried unanimously (5-0). 2. APPROVAL OF MINUTES A. March 31,2003, Council Meeting ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2003 2 - Councilmember Larson requested the following changes: None. Councilmember Grant requested the following changes: Page 17, second to the last line, replace the word "they" with Council. Councilmember Rem requested the following changes: Page 8, third line up from the bottom where Mr. Parrish is talking about the City Mechanical System, change HABC to HV AC. Page 9, under first planning case, add in why Guidant was coming back for a PUD amendment. Councilmember Holden requested the following changes: Page 9, under first planning case, add plan approvals for training center and a research and development facility. Page 10, number 4, Tramm Builders at the end of the first sentence, should say: Development permit and development agreement at E2 and Cleveland, Page 12, second paragraph, second line, $850,800 for a pedestrian _ overpass, Mayor Aplikowski requested the following changes: None, 3. a. b. c. d. - e, Mr. Parrish requested the following changes: None, MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to approve the March 31, 2003, City Council Meeting Minutes as amended, The motion carried unanimously (5-0). CONSENT CALENDAR Claims and Payroll Round Lake Road: Acceptance of Easement Appointment of Joani Werner - Parks, Trails and Recreational Committee (PTRC) Payment No.6 - 2002 Sanitary Sewer Rehab Visu-Sewer Resolution No. 03-36: Adopting a No-Parking Provision for Ingerson Road and Hamline Avenue Councilmember Rem noted Ms. Werner lived on Crystal Avenue. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 3 - MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein, The motion carried unanimously (5-0), 4. PUBLIC INQUIRIES/INFORMATIONAL Doue: Hartford. 1292 Ine:erson Road, stated his street had just been declared a no-parking street. He stated he was not aware of any information indicating that the street was going to become a no parking street. He noted he was disappointed with the lack of communication, He asked if the City was using State money on that part of the project. He expressed concern regarding this issue, Mr. Parrish replied with regard to the use of State funding, they had anticipated using MSA funds for the portion of the proj ect that is designated as a MSA street, _ which was Ingerson Road, and that this was a requirement for the financing. Mr. Brown replied with respect to the no parking issue, the State of Minnesota required a resolution indicating no-parking designation in order to receive MSA funding, However he noted, it was up to the City to enforce the restriction and "no parking" signs would not be put up on the street, therefore, the parking restriction would not be enforced. Linda Swanson. 1124 Ine:erson Road, stated the City had been talking about this project since October 2000 and never once had it ever been brought before the Councilor any of the residents who lived in the community. She expressed concern regarding the lack of communication. Mayor Aplikowski stated this allowed the City to use the funds, which helped keep down the cost of the project. She assured the audience that the no-parking provision would not be enforced and this would not affect the residents who lived on the street. - Councilmember Larson noted the City generally did not enforce the no-parking restriction unless there were complaints made. e e - ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 4 Wallv Lindauist, 1111 Inl!erson Road, expressed concern about the City "slipping" the no parking restriction in, He asked how the residents were supposed to believe the Council when things like this happened. He stated this was a very sensitive issue for the people who lived on the street. He expressed concern that this issue was put on the consent calendar. Mr. Parrish stated staff had put this on the consent calendar and not the Council. He noted staff apparently had miscalculated the sensitive nature of this issue. He apologized for this miscalculation, Mayor Aplikowski read into the record the April 14, 2003, Memorandum from Mr. Brown to Mr. Parrish regarding the 2003 PMP No Parking Resolution. She eXplained this was a paper piece that needed to be put into the file in order to utilize State money. She apologized for not bringing this to the residents, but noted this would not affect them, Cristine Leavitt, 1213 In2erson Road, stated she had been involved in the project since 2000 and her issue of concern was regarding safety issues, She asked if the project eliminated the stop sign at the Hamline A venue and Ingerson Road connection. She stated traffic moved very fast down Ingerson Road and there were young children in the area. She asked if there were any plans to install a stop sign at the bottom of Fernwood Street. Mr. Brown replied they had included money for stop signs at Femwood Avenue and also at the connection of Ham line Avenue and Ingerson Avenue, Ms. Leavitt stated she wished the City would have pursued the trail system along Ingerson Road to connect to the park. 5. PUBLIC HEARINGS A. 2002 PMP Assessment Hearing: Karth Lake/Ingerson Neighborhoods (continued from March 31, 2003) Mayor Aplikowski opened the public hearing at 7:34 p.m. Mr. Brown stated the City had received twenty-two written appeals from residents affected by the project. He said staff had reviewed each appeal and ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 5 e prepared a written response letter to each individual explaining the assessment calculation and notified them of staff's recommendation, Mayor Aplikowski stated the City had received one additional objection from William Krivit, 1252 Ingerson Road. Mayor Aplikowski stated the assessment to John and Katherine King's property at 1209 Karth Lake Drive had been adjusted and was recommended for approval by City Staff. Council member Rem asked if Mr. and Mrs. King had been notified and if they were in agreement. Mr. Brown state this was what Mr. and Mrs. King had requested. . MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to uphold staff's recommendation for approval. The motion carried unanimously (5-0). Mayor Aplikowski stated the requested from Bryan and Debra Lillehaugen, 1145 Amble Drive, had been reviewed by staff and was recommended for denial. Council postponed this for discussion later in the evening. Mayor Aplikowski stated the request from Greg and Pamela Clifford, 4422 Pleasant Drive, had been reviewed by staff and was recommended for denial. Gre!!: Clifford. 4422 Pleasant Drive, stated he was challenging the assessment largely on the fact that the City had reconstructed Amble Drive eight years ago in 1995, He stated he had an odd shaped lot and he did not understand how his frontage was calculated, Mr. Brown stated Mr, Clifford's frontage was 161 feet. He stated in Mr, Clifford's case, his frontage feet was adjusted down to 124 feet because of the odd shaped lot. _ Mr. Clifford stated he believed he was being over assessed because he had an odd shaped lot. He further stated he did not feel the comer lot had being taken into account. He asked that the Council take into consideration the fact that he had a e e - ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 6 corner lot and was being assessed on both sides. He stated he would have paid a total of $11,000 for curb work around his house, He noted he felt this was exceSSIve, Councilmember Larson stated he understood Mr. Clifford's argument, but it has been a long-standing policy of the City to handle corner lots this way, since a corner lot had more value than a lot that was situated in the middle of the block. Mr. Clifford replied he was not given credit for owning a corner lot because the previous road improvement exceeded the five year period, Mayor Aplikowski asked how important the five-year standard was to the City, Councilmember Larson replied this was not the right time to start fiddling with the assessment figures. Mr. Clifford asked if the City would take into consideration his corner lot and split the difference, Mayor Aplikowski stated the Council could not negotiate from the bench, but he had the right to appeal beyond this point. Councilmember Grant stated he understood a five-year standard was the policy, but ifit was a bad policy it should not be kept. He stated in the interest offairness, he believed five years was too short a time and the City should have an idea of what road(s) should be done, He stated he would like to see this postponed due to its unfairness, Mr. Filla stated ultimately the City had to decide whether the proposed assessment roll, on a parce1-by-parce1 basis, conferred a special benefit on the properties involved and that meant the market value of the properties should go up by the amount of the proposed assessments, Cities that adopt assessment rolls try to make sure that over a long period of time people in the City, as a whole, are treated fairly and in the same manner. He further stated it was basically the City Engineer who drafted these policies and so these polices became mathematical formulas that meant the person was not receiving an economic benefit equal to the proposed assessment, which the Court was more concerned with. The problem with this was that once the City strayed from a mathematical formula, it became a ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2003 7 - judgment call as to the value of the property, He noted when they went through the process, the Council ultimately had to make judgment calls as to whether the assessment on the property was a fair assessment for the property. He stated it was important for Cities to follow policies and fairly assess properties. Council postponed the request for discussion later in the evening. Mayor Aplikowski noted the request submitted by Dean and Karen Kloeckner, 4425 Pleasant Drive, had been reviewed by City Staff and recommended for change. MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to uphold staffs recommendation for change. The motion carried unanimously (5-0). Mayor Aplikowski stated the request submitted by Sean and Patricia McDonagh, _ 4452 Pleasant Drive, had been reviewed by staff and was recommended by denial. Sean McDonal!h, 4452 Pleasant Drive, stated his objection was with respect to the formula regarding cul-de-sacs, He noted 31 feet was added to his property. He recommended the City take from the comer of his lot and draw a line to create a square to get a fair assessment. He stated he was being charged for an additional 30 feet of curb and gutter that he did not have, Mr. Filla stated with respect to the irregular shaped lot, the City's assessment policy did not define frontage and on an irregular shaped lot, frontage was defined as an average of a couple of different numbers, He noted this policy was different from most other cities, Mr. McDonagh stated he was being assessed 90 feet for his actual 60 feet of property, He requested the formula be revised, ~ Councilmember Rem, responding to another of Mr. McDonagh's written concerns, asked why there was a higher interest rate when prime was quite a bit lower and if the assessment was paid in full, by what date it needed to be paid by in order to avoid an interest charge. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2003 8 - Mr. Moore replied after the assessment roll was adopted, the residents had 30 days to pay it in full and a letter would go out to all residents explaining the payment options. The interest would start bearing on the first day after the assessment roll had been adopted. Mr. Parrish stated the assessment policy did not state what interest rate should be charged and the interest rate assessed was not tied to anything. He stated the interest rate for the last PMP project was 6.5 percent. He further stated in evaluating the assessment policy in the future, the Council might want to link the interest rate to some type of a rate, such as the prime rate, mortgage rates, etc. Councilmember Grant stated the 6.5 percent interest rate was too high. He stated he understood the risk, but even at 5,5 percent, they were still 1.25 percent above the current prime rate. Mayor Aplikowski requested the interest rate be addressed later in the evening. . Councilmember Larson stated he would support staffs recommendation for denial based on the reason that this was the City's policy that had been applied to other lots going back to the early 1990' s, He noted this was an equitable way of attempting to address odd sized lots. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to uphold the staff recommendation for denial. The motion carried (4-1), (Councilmember Rem) Mayor Aplikowski stated staff had reviewed the objection from Dan Bickham, 4460 Pleasant Drive, and recommended denial. Dan Bickham. 4460 Pleasant Drive, stated he had the same issue as Mr. McDonagh, He noted his assessment was $6,300 and he believed it should be an average assessment. He further stated he should not have to pay more than his neighbors did because he had an odd shaped lot. He expressed concern regarding the interest rate. ~ Mr. Filla indicated the first installment would not be payable until 2004, therefore the interest would be for the remainder of 2003 and 2004. e . e ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 9 Mr. Bickham asked why they had to pay for the project in full within 30 days when the project would not start until June, He asked why the City would get the use of their money and receive interest on it for a month and a half before the proj ect was to start. Mr. Filla replied State law allowed the City to assess improvement project cost prior to the construction or after the construction. Mr. Bickham stated he would like his assessment to be around $5,000, which was the same price his neighbors were paying. He requested his assessment be adjusted. MOTION: Councilmember Rem moved and Councilmember Holden seconded a motion to uphold the recommendation of staff for denial. The motion carried unanimously (5-0). Mayor Aplikowski, stated staff had reviewed the objection from Ray Muchel, 4466 Pleasant Drive and recommended denial. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to uphold the recommendation of staff for denial. The motion carried unanimously (5-0). Mayor Aplikowski stated staff had reviewed the objection from Troy E. Peck, 1113 Amble Drive and recommended denial. Council postponed the request for discussion later in the evening, Mayor Aplikowski stated staff had reviewed the objection from Jerry and Rita Pearson, 1121 Amble Drive and recommended denial. Council postponed the request for discussion later in the evening, Mayor Aplikowski stated staff had reviewed the objection from David Silverstein, 1322 Cannon Avenue and recommended denial. - - - ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 10 MOTION: Councilmember Rem moved and Councilmember Holden seconded a motion to uphold the recommendation of staff for denial. The motion carried unanimously (5-0). Mayor Aplikowski stated staff had reviewed the objection from Gary and Carol Abrahamson, 1228 Carlton Drive and recommended denial. MOTION: Councilmember Rem moved and Councilmember Larson seconded a motion to uphold staff's recommendation for denial. The motion carried unanimously (5-0). Mayor Aplikowski stated staff had reviewed the objection from Lynn Diaz, 1143 Ingerson Road and recommended denial. Lvnn Diaz, 1143 Ingerson Road, stated her points related to the State Aid in general. She read from a prepared statement regarding State Aid, She asked how much the residents on Lexington Avenue were going to be charged when their street was done, She stated their road was a State Aid road and believed the State Aid funds should be applied to their road. She noted the City was gaining by not applying those funds to their street. Mr. Parrish replied the policy did not preclude the Council from using the State Aid in offsetting this type of an assessment, but past practice has not been done this way. He noted the City did not assess the residents along Lexington Avenue because that was a County road. He indicated the City would not allocate 100% of the State aid funds to this project. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to uphold staff's recommendation for denial. The motion carried unanimously (5-0). Mayor Aplikowski stated staff had reviewed the objection from Frances Swenson, 1216 Ingerson Road and recommended denial. David Dudvcha, 1226 Ingerson, spoke on behalf of Ms, Severson, His rational for objecting Ms. Severson's assessment was that Ms. Severson's property was a double footage lot, which meant both the front and back side of her property were ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 11 . assessed. Mr. Dudycha stated Ms. Severson believed her assessment should be calculated based on the average footage of the front and back. Mr. Brown replied the cost difference was approximately $220, MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to set a rate of $49/ft for this property. Councilmember Larson asked if there were any other lots similarly affected. Mr. Brown replied there was one more lot that had this particular situation. Councilmember Larson stated this needed to be applied to the other lots similarly affected. . The motion carried unanimously (5-0). Mayor Aplikowski stated staff had reviewed the objection from David and Yvonne Wilken, 1225 Ingerson Road and recommended denial. David Wilken, 1225 Inl!erson Road, stated this would be a financial burden on his family. He disagreed with the interest rate. He expressed concern regarding a communication problem with the City, He expressed disappointment with this policy. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to uphold staff's recommendation for denial. The motion carried unanimously (5-0). Major Aplikowski stated staff had reviewed the objection from David Dudycha and Dorothy Vawter, 1226 Ingerson Road and recommended change. Dorothv Vawter, 1226 Inl!erson Road, thanked City Staff for reconsidering the formula and stated they agreed with staff's recommendation, . Mr. Brown pointed out this should be adjusted further because they would qualify for the $49 rate as well. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 12 MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to set a rate of $49/ft. for this property, The motion carried unanimously (5-0), Mayor Aplikowski stated staff had reviewed the objection from Dave and Dawn Gustafson, 1280 Ingerson Road and recommended denial. MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to uphold staffs recommendation for denial. The motion carried unanimously (5-0). Mayor Aplikowski stated staff had reviewed the objection from Michael and Carrie Doody, 1300 Ingerson Road and recommended denial. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to uphold staffs recommendation for denial. The motion carried unanimously (5-0), Mayor Aplikowski stated staff had reviewed the objection from Robert Woodburn, 1220 Ingerson Court and recommended denial. MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to uphold staffs recommendation for denial. The motion carried unanimously (5-0), Mayor Aplikowski stated staff had reviewed the objection from Josephine Hills Association and recommended change, Council decided to discuss this later in the meeting, Mayor Aplikowski stated staff had reviewed the objection from James L. Danielson, 3238 North Hamline Avenue and recommended change, MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to uphold staffs recommendation for change. The motion carried (4-1). ( Mayor Aplikowski) . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 13 Mayor Aplikowski stated staff had reviewed the objection from Lowell J. Anderson and Kathleen Welte, 3162 North Hamline Avenue and recommended change. MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to uphold staffs recommendation for change, The motion carried unanimously (5-0), Mayor Aplikowski stated staff had reviewed the objection from Steven Zilmer, 3363 N, Dunlap Street and recommended denial. Council decided to discuss this later in the meeting, Mayor Aplikowski stated staff had reviewed the objection of William Krivit, 1252 Ingerson Road and recommended denial. William Krivit, 1252 In!!erson Road, stated staff had answered two of his questions, but he asked the legality of property he owned that might have been changed. He stated they were still working on the legality of the lot lines and he was going to call them tomorrow, He stated he would withdraw his objection, Linda Swanson, Lake Josephine Association, read from a prepared statement regarding the objection by the Association to the assessment. Mariorie Alexander, 3251 Fernwood Street, stated she lived adjacent to the Josephine Association property, which she stated was considered total wetland by the Rice Creek Watershed, She stated when they built their home, they needed special permission from Rice Creek Watershed because of the wetland status, and they needed many variances from the City, She stated at this point, it would not be possible to build a home on that property, Councilmember Larson stated the reason for the 41 percent assessment on the value of the property was because it was undeveloped and there were also other lots in the City that had this issue. He asked the City Attorney regarding the easement that crossed the property and the covenant on it. Mr. Filla replied if the property was buildable before the improvement project was constructed, it was buildable after, If the property was impacted by a large . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2003 14 use easement before, it was impacted after. The use has not changed as a result of this project. What they needed to figure out was if this project improved the market value of the property and if it could be developed. A benefit did not need to support a dwelling. If the market value did not increase due to the project, they could not assess it. Councilmember Grant stated the question before the Council was what a buyer would be willing to pay a willing seller before the improvement and then after the road improvements, what would that be, He stated he did not personally believe a home would be built on that property and he was not sure if a road improvement would add to the value of the property. He stated he did not even know if a buyer would purchase the property. MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to remove the Lake Josephine Association property from the assessment roll. Councilmember Larson stated he would not support this motion because he did not think it was the right motion to make given what the City Attorney said regarding whether there was a benefit before and after. He stated if the Council stated there was no benefit to this property, then he found it difficult to find there was any benefit to any property in the City with a road improvement. He stated they could discuss an adjustment, but not a removal from the assessment roll. Councilmember Rem stated her reason for seconding the motion was partly because of the development ability issue of the property, She stated she was not convinced that an assessment of this size was appropriate for this property. She stated she was open to negotiating the amount of the assessment, but she believed the amount of the assessment was much higher than she could support, Council member Grant stated he was not sure they could find a willing buyer for the property and he found it difficult to say there was a benefit to the property. Mr. Parrish replied in the assessment policy, they could negotiate a lesser assessment. Doug Hartford stated the City had permitted houses to be built on lots that it perhaps should not have. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2003 15 Mr. Hartford stated the Shoreline Ordinance did not say "shall", it said "may" with substandard lots and according to the City, and this was a substandard lot. He stated the assessment policy addressed substandard lots and gave criteria for exception. He asked the Council for this exception. Ms. Swanson stated she felt the Association property had met the criteria set out in the assessment policy for a removal from the assessment roll. Phillip a Lindauist, 911 Inl!erson Road, stated this was not a sophisticated piece ofland. She noted this piece ofland is very rustic, a nature area. There is no road and Ingerson Road was a half a block away. She stated the benefit was only what people wanted to pull from it. She stated she did not believe there was much monetary value in the property. William Krivit, 1252 Inl!erson Court, stated he did not understand why the road improvement would make any difference for the use ofthe land, Councilmember Holden asked if taking the property off the assessment roll would that be a permanent thing for the future, Mr. Parrish replied they could defer the assessment off the roll and if it were to come back at a later date for development, the assessment could be applied at that time. Councilmember Holden asked how the street assessments on the other properties increase their market value. Mr. Filla stated Cities were able to assess street improvements because they were needed by the residents and if they were not maintained, that would affect the market value. There was also an aesthetic value of a street attached to a home, Mayor Aplikowski stated if the road was in disrepair, it did detract from the value of a home, . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 16 MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to extend the meeting an additional hour to 11 :00 p.m. The motion carried unanimously (5-0), Mayor Aplikowski noted she would be more comfortable deferring the assessment rather than removing it, but she would support the motion, The original motion carried (4-1), ( Councilmember Larson) Mr. Krivit asked if Ingerson Court would now be removed from the assessment roll as well because the reason Ingerson Court was being improved was to make the Association piece of property a better piece of property. Councilmember Holden replied the residents would benefit from the improved road and it had nothing to do with the Association property. Councilmember Aplikowski stated Ingerson Court had always been a part of this proj ect. Mayor Aplikowski stated they could now address the other assessments starting with the Clifford property, Mr. Clifford stated he was the only homeowner in the neighborhood who was paying a large assessment. He stated he was being hit quite heavily, He stated he was willing to pay his fair share of taxes, but it was not fair to assess his property, once on each side, for road improvements. Mayor Aplikowski closed the public hearing at 10: 15 p.m. Councilmember Grant requested the City Engineer review the other comer lots and give an update on when they were reconstructed. Mr. Brown reviewed the comer lots for Council. He recommended they either follow the policy, or Council decide they should not be assessed twice and they be removed from the project. Councilmember Larson stated this would set a precedent for what they do in the future. He asked what a reasonable threshold as to a time frame was. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 17 . Mr. Brown replied he was leaning toward eliminating it or saymg 20 years because that was the theoretical life of the road, MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to accept City Engineer's recommendation that the comer lots, where previous assessments were made, be exempt from the assessment roll at this time. Councilmember Rem requested a list of the properties from staff. Councilmember Larson asked if they could delay a decision on this particular matter until the next meeting to ask staff for further information, Mr. Brown replied he would recommend staff be given time to determine the scope of the reduction of assessments for these properties. He estimated it could . be as much as $45,000. Mr. Parrish stated they could make a motion to postpone reviewing these properties at this time and come back to Council at a later date with further information and recommendations regarding these properties, Mr. Brown stated the properties affected were on Dunlap Street, Amble Drive, and Tiller Lane. Councilmembers Rem and Grant accepted Mr. Brown's recommendation to look at Dunlap Street, Amble Drive, and Tiller Lane. Councilmember Holden MOVED the question. The motion carried (4-1). (Councilmember Larson) The original motion failed (5-0), . Mr. Filla suggested cutting out a group of parcels by adding to the first whereas clause at the end, except as hereinafter provided and add in a second therefore, be it resolved clause to read: That the City staff remove comer parcels from the proposed assessment rolls that have been previously affected bv assessments for . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2003 18 reconstruction proiects on Amble Drive, Dunlap Street, and Tiller Lane for further consideration bv the Council. Councilmember Larson stated he would agree to the City Attorney's suggestion. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to remove comer parcels from this assessment roll, which are affected by the past reconstruction of Amble Drive, Pleasant Drive, and Tiller Lane. The motion carried unanimously (5-0). Mr. Filla stated they needed to take action on the main resolution with the suggestions he made previously. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to amend the proposed Resolution 03-34: Adopting the 2003 Final Assessment Roll for Karth Lake/Ingerson Neighborhoods with the City Attorney's wording. The motion carried unanimously (5-0). Councilmember Grant stated with respect to the issue of the interest rate, he asked for the Council's opinion. Mayor Aplikowski state she was not uncomfortable with a loan of 6.5 percent and she would not go below a 5,5 percent rate, Councilmember Holden stated she also would not go below the 5,5 percent rate. Councilmember Larson stated he would be comfortable with 5,5 percent. MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to amend Resolution 03-34: Adopting the 2003 PMP Final Assessment Roll for Karth Lake/Ingerson Neighborhoods so the assessment rate bears the interest rate of 5.5 percent from the date of the adoption of this assessment. The motion carried unanimously (5-0), . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 19 i. Resolution No. 03-34: Adopting the 2003 PMP Final Assessment Roll for Karth Lake/Ingerson Neighborhoods MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to approve Resolution No. 03-34: Adopting the 2003 PMP Final Assessment Roll for Karth Lake/Ingerson Neighborhoods as amended, The motion carried unanimously (5-0), ii. Resolution No. 03-29: Adopting the 2003 PMP Assessment Rate Councilmember Rem suggested adding in a number four for the $49 per frontage foot for reconstruction of double fronted lots on Ingerson Road and Ingerson Court. MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to add a number four for a $49 per frontage foot for reconstruction of double fronted lots on Ingerson Road and Ingerson Court. The motion carried unanimously (5-0). MOTION: Councilmember Rem moved and Councilmember Larson seconded a motion to accept Resolution No, 03-29: A Resolution Establishing the 2003 Pavement Management Plan Assessment Rates. The motion carried unanimously (5-0). 6. COMMUNITY SERVICES A. PLANNING 1. Planning Case No. 03-01: Anchor Bank Site Plan Revision Mr. Hellegers stated the applicant was requesting an amendment to the previously approved Site Plan. The amendment would permit an exit-only access drive onto County Road E, He indicated staff recommended the proposed amendment to the Site Plan be approved subject to three conditions as noted in staff's April 9, 2003, report. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 20 Tom Jacobson. President Anchor Bank, stated they were requesting approval of the site plan to grant exit access, which would eliminate concerns regarding the traffic flow out onto County Road E. He noted this was a safety issue and they were trying to eliminate having the cars entering the site onto Pine Tree Drive from having to go in front the building and exiting out onto Pine Tree Drive, He noted this was a liability and safety concern for the bank, He stated the traffic study proved that this would not be a detriment to the traffic flow onto County Road E. He stated this was also an economic consideration as well. He indicated this was a long-term economic decision and access onto County Road E would be a good long-term solution to this site, Councilmember Holden asked if that would be the only way they would be allowed to exit. Mr. Jacobson stated signs would be constructed which would not allow the drive- in customers to come back in front of the building to exit onto Pine Tree Drive, MOTION: Counci1member Rem moved and Counci1member Grant seconded a motion to approve Planning Case No. 03-01: Anchor Bank Site Plan Revision with the conditions as noted in staffs April 9, 2003, report. Councilmember Larson stated he would not vote in favor of this motion because of the additional traffic being added onto County Road E. He stated there was more of a safety concern regarding the turn movements on County Road E. He stated the bank had not proved to him there would be a safety issue for them. The motion carried (3-2), (Counci1members Larson and Holden) 7. OPERATIONS AND MAINTENANCE A. Resolution No. 03-31: Approving the Plans and Specifications and Ordering Advertisements for Bids for the 2003 PMP Karth Lake East & Ingerson Neighborhood Project Mr. Parrish stated this would approve the specifications for the 2003 PMP Karth Lake East and Ingerson Neighborhood Project. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 21 . MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion to approve Resolution No, 03-31: Approving the Plans and Specifications and Ordering Advertisements for Bids for the 2003 Karth Lake East & Ingerson Neighborhood Project. The motion carried unanimously (5-0). B. Authorize Negotiations of Drainage and Utility Easement with Josephine Hills Lake Association Mr. Parrish noted staff met last week with representatives of the Association and they were in general agreement with proposed project subject to several revisions that staff was comfortable with. . MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to authorize negotiation of a no cost drainage and utility easement. The motion carried (4-1). (Councilmember Rem) c. Resolution No. 03-35: Approving the Plans and Specifications and Ordering Advertisement for Bids for Lift Station 2 and 5 Mr. Parrish stated this was a 2003 Capital budgeted item. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve Resolution No. 03-35: Approving the Plans and Specifications and Ordering Advertisement for Bids for Lift Station 2 and 5, The motion carried unanimously (5-0), 8. ADMINISTRATION A. Resolution No. 03-30: Adopting the Data Practices Policy . Mr. Parrish stated staff was requesting this item be continued to the April 28, 2003, Council meeting, . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 22 Council agreed to continue this issue to the April 28, 2003 Council meeting. B. TCAAP Post Office MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion extend the meeting to 11 :30 p,m. The motion carried unanimously (5-0). Councilmember Larson stated he wanted a discussion on their short-term goals and long-term strategy because the Council had received a letter from Congresswoman McCollum's office and because of the fact that they were having a meeting tomorrow. He stated he believed the City needed to adopt a Resolution stating its objection to the Post Office, Mr. Parrish recommended the Council attend the meeting tomorrow to talk to the post office and subsequent to that, take it back and evaluate their strategy relative to that issue, Councilmember Larson stated this was their opportunity to express their disinterest in this proposal. He stated the City needed to take a more proactive stance. Councilmember Grant agreed they needed to make a strong, polite statement regarding the City's position. He stated the Vento Plan did contain a provision for a 25-acre park, so if they put that on TCAAP property, it would reduce the 288 acres even further. He stated they needed to make sure the Post Office knew where they stood and the sooner they did this, the better offthey would be. Councilmember Rem reminded the Council that they did send a letter expressing their displeasure with the Post Office, Councilmember Larson stated he would like to see a formal Resolution at the next meeting setting forth the City's position, Mayor Aplikowski stated she did not believe anybody on the Council wanted to see this facility on the TCAAP property. CITY COUNCIL REPORTS . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES APRIL 14,2003 23 Councilmember Grant - None. Councilmember Holden thanked Michelle Olson for her work on the Easter Egg Hunt. Councilmember Larson - None, Councilmember Rem stated she would be at the Post Office meeting tomorrow night. She requested staff correct the agenda calendar to show the Monday, May 26,2003, Council Meeting will be held on Tuesday, May 27, 2003, Mayor Aplikowski stated she had attended the groundbreaking ceremony at Guidant. She noted there were a reception for the Mounds View School District #621 at Land-a-Lakes on April 22, 2003 and a groundbreaking for Chippewa Middle School on May 9,2003. Mr. Parrish - None. Mayor Aplikowski adjourned the Regular City Council Meeting at 11 :30 p.rn. ~~~~L (fl.t~~~' ~~ d?'7~~ Bt~APTi9l'ws' r Aaron Parrish Mayor Interim City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, April 28, 2003 at 7:00 p.rn. in the Arden Hills Council Chambers.