HomeMy WebLinkAboutCC 06-28-1999
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MINUTES
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL MEETING
JUNE 28, 1999
7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular
City Council meeting at 7:30 p.m.
Present:
Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Gregg
Larson, Paul Malone, and Lois Rem.
Absent:
None
Also present were City Administrator, Brian Fritsinger; Assistant to the City
Administrator, Kevin Ringwald; City Accountant, Terrance Post; City Engineer, Greg
Brown, BRW; and Recording Secretary, Lori Rolfson.
ADOPT AGENDA
Mr. Fritsinger suggested that the agenda be amended by switching the order of items 8.A. and
8.B. under Unfinished and New Business.
MOTION:
Councilmember Aplikowski moved and Councilmember Larson seconded a
motion to adopt the agenda for the June 28,1999, regular City Council meeting,
as amended. The motion carried unanimously (5-0).
PUBLIC HEARING. PRESBYTERIAN HOMES BOND ISSUE
A. Resolution #99-19, Resolution Reciting a Proposal for a Housing Finance Program to
Finance an Elderly Housing Development Project, Giving Preliminary Approval to the
Project and the Issuance of Revenue Bonds Pursuant to Minnesota Law, and Ratifying
the Preparation of a Housing Finance Program (Presbyterian Homes Obligated Group
Project)
Mayor Probst opened the public hearing at 7:31 p.m.
Mr. Fritsinger explained that the City Council had before it a resolution, which would give
preliminary approval for the issuance of bonds for Presbyterian Homes. The City has, on several
occasions, issued bonds on behalf of Presbyterian Homes that permitted the refinancing of an
existing Revenue Bond for Presbyterian Homes. These funds were used exclusively at Arden
Hills facilities.
The total amount of bonds being proposed is not to expected to exceed $30,000,000. This bond
issuance is unique from other revenue bonds that have been issued in the past, in that this bond
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issuance is not only for Arden Hills facilities, but also for facilities located in Little Canada,
Spring Park, Bloomington, Minnesota; and Ankeny, Iowa.
The revenue bonds being proposed are authorized by State of Minnesota Statutes 462, which
deals with municipal housing programs, and 469, which deals with industrial development
bonds. Under this progranl, the cities are used as a conduit for the financing mechanism used for
the improvements. This relates back to the State's intention that local governments help where
they can with various nursing home and health care facilities, which are needed for citizens
throughout the State.
The City of Arden Hills will be asked to give final approval of the Bond Sale. This will most
likely take place in late August. As part of this approval, the City will be executing a variety of
documents including a loan agreement and Joint Powers Agreement, for the facility in Iowa.
The bond is not a general obligation of the City of Arden Hills, or any of the other cities listed.
The bonds are issued, based on the revenues of the project, and are payable trom sums to be paid
by the developer, pursuant to a revenue agreement.
Mr. Fritsinger advised that the City Council was asked to adopt Resolution #99-19, resolution
reciting a proposal for a Housing Finance Program to finance an elderly housing development
project, giving preliminary approval to the project and the issuance of Revenue Bonds pursuant
to Minnesota Law, and ratifying the preparation of a Housing Finance Program (Presbyterian
Homes Obligated Group Project).
Mayor Probst requested confirmation that this bonding would have no effect on the City of
Arden Hills' bond indebtedness. Mr. Fritsinger confirmed that this was correct.
Mayor Probst closed the public hearing at 7:35 p.m., as no one wished to address the City
Council.
Councilmember Larson noted the staff report had indicated that previously issued bonds were
used exclusively at Arden Hills facilities. He asked why, in this case, the Presbyterian Homes
did not ask the City for bonds related only to the improvements in Arden Hills and make requests
to the other cities for the improvements within their areas. Mr. Fritsinger explained that, due to
the size of the refinancing and the issues involved, Presbyterian Homes needed to look at each
community to determine how this may affect other bonds that are planned to be issued in those
communities.
Mr. Post added that Presbyterian Homes approached the other cities to see if there would be any
conflict with other bond issuances planned for this year. There is an upper limit of bank
qualified debt of $1 0,000,000 each year. This proposal would have far exceeded this limit.
Since the City of Arden Hills was not planning any issuance of debt this year, the City was the
logical candidate to issue the bonds.
MOTION:
Councilmember Malone moved and Councilmember Larson seconded a motion to
adopt Resolution #99-19, resolution reciting a proposal for a Housing Finance
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
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Program to finance an elderly housing development project, giving preliminary
approval to the project and the issuance of Revenue Bonds pursuant to Minnesota
Law, and ratifYing the preparation of a Housing Finance Program (Presbyterian
Homes Obligated Group Project). The motion carried unanimously (5-0).
PUBLIC INFORMATION MEETING rnIGHW A Y 96 RECONSTRUCTION - I-35W TO
LEXINGTON AVENUE)
Mr. Jim Tolaas, Ramsey County Public Works Project Manager, explained that Ramsey County
and the City of Arden Hills have been working with the Minnesota Department of Transportation
to develop plans for the reconstruction of Highway 96 from 1-35W to Lexington Avenue. One of
the most challenging issues identified in this segment has been in the area between I-35W and
US Highway 10. Conflicts with Round Lake, improved commercial access, property impacts to
Arden Manor Mobile Home Park, traffic capacity, and access for future development of the
TCAAP site have been addressed in the design process.
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Ramsey County is working closely witll the Minnesota Department of Transportation to find a
solution for putting together a funding package. The County is also trying to be sensitive to the
needs of the City of Arden Hills, for the current development of the Round Lake Park area, as
well as future development of the TCAAP area and the Mobile Home Park. Ramsey County has
struggled to find a solution, which is acceptable to both the City of Arden Hills and the State of
Minnesota. In the past, Ramsey County has been a proponent of protecting local interest as well
as serving long-term regional needs, which has been a difficult task.
Mr. Tolaas stated that he was present at the meeting to present one recent proposed solution,
which has been through the Minnesota Department of Transportation' s preliminary layout group.
The Minnesota Department of Transportation sees this as a more attractive option than the
previous one as it would be safer and would set itself up well for a future interchange off of US
Highway 10. This option also protects the City's long-term interest. In the short term, there
would be some trade-offs for the City of Arden Hills.
At previous meetings, Ramsey County had proposed a grade separation at US Highway 10 and
Highway 96. This previous solution which was presented and approved by the City Council,
would have provided a ramp on the north side of Highway 96 to provide access from US
Highway 10 to Highway 96 for both east and west bound traffic. This option was presented to
the Minnesota Department of Transportation and it was agreed that this concept did serve the
intermediate access need, while at the same time setting itself up a future interchange to the north
which would provide good access for the TCAAP site.
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What the Minnesota Department of Transportation focused on in the final analysis of this option
was, because of the openings on US Highway 10 serving the Big IOSupper Club, Scherer
Lumber, Arden Manor Mobile Home Park and the TCAAP area, there would be weaving issues
and safety problems with the ramp. Ramps create situations where traffic weaves across lanes to
make left-hand turns, which causes congestion and serious safety issues, particularly with the
high speed of traffic in the area.
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The Minnesota Department of Transportation asked that Ramsey County go back and revisit this
issue. The Minnesota Department of Transportation's position is that they could accept this
scenario, however, with conditions that address the safety and circulation issues developed in this
area, such as closing off the accesses completely. This action would leave the City without any
access to US Highway 10 for the properties north of Highway 96 and west of US Highway 10.
Mr. Tolaas said that the Minnesota Department of Transportation, Ramsey County and Arden
Hills City staff worked at developing a frontage road option along the west side of US Highway
10, in lieu of the previous ramp proposal. This option would have some trade-offs and restrict
some access. The southbound US Highway 10 traffic could not access Highway 96 at all. There
would be an opening for the Scherer Lumber facility from north bound US Highway 10. This
opening would be configured in such a way so as not to allow cut through traffic from US
Highway 10 to Highway 96.
The proposed frontage road would displace the current home sites on the west side of US
Highway 10. The frontage road would provide access for local property owners by allowing for
both east and west movements onto Highway 96. This option does put a greater focus on the
interchange at I-35W and Highway 96. Ramsey County has proposed a single point diamond
design interchange for this location. This is an improvement, which will not occur for several
years since the Minnesota Department of Transportation is considering the I-35W corridor in a
broader sense. Mr. Tolaas stated that he did not believe there would be support for funding at
this location until the Minnesota Department of Transportation completes the I-35W study.
Mr. Tolaas expressed his belief that this second option is an attractive proposal for circulation of
the US Highway 10 and Highway 96 intersection. It is likely that the Minnesota Department of
Transportation would work closely with Ramsey County to develop a funding package for this
option. Mr. Tolaas stated that the County is not attempting to dictate to the City which scenario
should be chosen. One option would be to back away from this entire segment until the funding
is put together. At this point, the County cannot move forward with an engineering design until a
concept is found which is acceptable to both the City of Arden Hills and the State of Minnesota.
Mayor Probst noted that a related development was that the State of Minnesota is in the process
ofturning back Highway 96 to Ramsey County. With this process, Highway 96 is being
scheduled for upgrades from Old Highway 8 through to White Bear Lake. In theory, by the end
of this summer, everything from Lexington Avenue to the east will be completed. Mr. Tolaas
noted that the eastern portion of Highway 96 is scheduled to be a two year project.
Mayor Probst stated that in conversations with Ramsey County, the City of Arden Hills had
thought there had been a resolution of the US Highway 10 and Highway 96 interchange. The
Mimlesota Department of Transportation entered the discussions somewhat late and had
indicated a strong desire to have a grade separation with a bridge for US Highway 10 over
Highway 96. The overall plan had been for US Highway 10 to serve as a reliever for I-35W
traffic.
The initial proposal the City received from the Minnesota Department of Transportation related
to this plan provided no access at the US Highway 10 and Highway 96 interchange. The City
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Council at that time objected and requested that the Minnesota Department of Transportation
provide the City with some analysis and options, which the Minnesota Department of
Transportation was not willing to do. The City of Arden Hills had the City Engineer analyze the
area and provide some options. The ramp option, which had been approved by the City Council,
was the result of these analyses.
At that time, the City of Arden Hills had believed there was an agreement with the Minnesota
Department of Transportation to proceed with the Highway 96 work within the City. There have
been previous public meetings and, one issue for the City Council is that there are a number of
residents who, regardless of which option is chosen for the interchange, will be directly affected
by the project. A number of homeowners in the Arden Manor Mobile Home Park have been put
on hold with regard to property acquisition. Additionally, the Highway 96 segment to I-35W
cannot proceed until these remaining issues are resolved.
Mayor Probst opened the meeting up to public comments.
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Mr. Alan Johnson, 4529 Lakeshore Place, stated that he has lived at the southwest intersection of
US Highway 10 and Highway 96 for 46 years. He indicated that he had spoken with the
Minnesota Department of Transportation regarding the three-inch drop in the road. At night he
can hear trucks banging becausc of this drop, and this has been going on for a long time. He
asked if the City Council would write to the Minnesota Department of Transportation to have
this drop fixed. Additionally, a barrier should be constructed along the west side of US Highway
10 to block the noise of traffic.
Mr. Johnson expressed his preference for entrances to Highway 10 be along the TCAAP
property. He opposes the options being presented, as they would displace homes.
Ms. Becky Olson stated that she was agitated by the casual way in which it was said that homes
would be displaced. She expressed her agreement with Mr. Johnson that, with all the property
along the edge of the TCAAP area, which is open with no buildings, there would be no reason to
displace homeowners in order to construct a frontage road.
Mayor Probst stated that one issue with trying to utilize the TCAAP property is the geometrics of
US Highway 10 and how the intersection ofI-35W connects with US Highway 10. Mr. Tolaas
stated that there would be a number of considerations for realigning US Highway 10. He noted
that the Minnesota Department of Transportation is not proposing to reconstruct US Highway 10
at this point.
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With regard to the usc of the TCAAP property, Mr. Tolaas indicated that it might be a number of
years before this land would be available. When considering the future, it is likely that there
would be major construction along US Highway 10 from the intersection at Highway 96 to 1-
35W, along both sides of the highway. At this time, if the County were to attempt to realign US
Highway 10, it would not receive funding support from the Minnesota Department of
Transportation, as this would not be seen as a necessary expenditure.
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
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Mr. Tolaas noted that Ramsey County began the Highway 96 design process with a concept of an
at-grade intersection at US Highway 10 and Highway 96. Because of existing and anticipated
significant growtll of traffic volumes, Ramsey County felt that the intersection would reach a
level service F, which relates to high levels of traffic with stop and go movement. An at-grade
intersection could still be built; however, it may not be the right solution to invest a great deal of
money into. Mr. Tolaas suggested that, ifit takes the TCAAP site to develop in order to gain
support of the broader improvements, this would be an option.
Mayor Probst stated that another issue related to this discussion is the City of Arden Hills and
Ramsey County's ability to complete the reconstruction of Highway 96. It was his
understanding that the Minnesota Department of Transportation would not allow the I-35W
bridge work to commence until this issue is resolved.
Mr. Tolaas stated that, when Ramsey County originally proposed an at-grade intersection, there
had been minor bridge widening proposed at I-35W. When considering capacity issues and how
to improve them, in order to get support of an improved interchange at I-35W, the Minnesota
Department of Transportation felt that the intersection of US Highway 10 and Highway 96 was
an integral part of the whole issue.
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If Ramsey County strongly supported an at-grade intersection, minor changes could be made to
the bridge at I-35W; however, this would only be a temporary solution. Ramsey County is trying
to focus on the long-term results and if, when the TCAAP site is ready for development, the City
is not in the position to create an interchange at that point, it could have a serious impact on how
quickly the TCAAP site could be developed.
With regard to the neighborhood concerns for the future of their homes, Councilmember Larson
askcd if the original proposal, approved by the City Council, would have required the acquisition
of any properties. Mr. Tolaas stated that it would not require the displacement of private homes.
However, the mobile homes within the park itself would be affected. Approximately seven to 10
mobile homes would be displaced. He extended his apology to Ms. Olson for the use of the term
displacement, however, he did not mean to use the term casually. He noted that there is a
program, which is very fair in assisting displaced homeowners in finding new homes.
Councilmember Larson confirmed that, in comparing the two options, the new option proposed
this evening would call for the removal of private homes. Mr. Tolaas concurred.
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Mr. Rex Markle, 1859 Todd Drive, Arden Manor Mobile Home Park, asked if there would be
any northbound access to US Highway 10 near the Big 10 bar. Mr. Tolaas stated that there
would not be an access to northbound US Highway lOin that area. Mr. Markle asked if there
would be access to the Mobile Home Park from US Highway 10. Mr. Tolaas stated that there
would be access from the frontage road. He indicated that the only access point onto US
Highway 10 would be at the Scherer Lumber entrance, which exists today. This access would be
configured in such a way that northbound traffic on US Highway 10 could enter the frontage
road at Scherer Lumber and travel south on the frontage road to Highway 96.
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Mr. Markle sought contirmation that the only way to access US Highway 10 from the Arden
Manor Mobile Home Park would be from I-35W. Mr. Tolaas stated that this was correct.
Mr. Glen Beggin, 4519 Lakeshore Place, stated that it was not clear in his mind what would
happen to the traffic, which comes from Shoreview, and the rest of Arden Hills, to Mounds View
High School and how the students will be affected. Currently the students pass by his house on
their way to school. The construction period would affect him as well as high school student
traffic.
Mr. Beggin stated that he was worried about other effects such as the noise generated by the
proposed elevated road, which could reduce property values. At this time there are seven homes
at the southwest comer of US Highway 10 and Lakeshore Place which have a barrier of trees,
which somewhat protected the homes when US Highway 10 was last upgraded. Additionally,
the increase in pavement due to these upgrades have impacted ground drainage across his
property and, at times, his home. At this time there are three water mains which are directly in
front of his home, next to his driveway, which have been worked on recently.
Mr. Beggin indicated that one reason he bought his home was the easy access to the freeways. It
seems to him that, with this proposal, his access will be limited. Additionally, there was no
information whether Old Highway 10 will meet up with Highway 96.
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Mayor Probst stated that both proposals illustrate the connection with Old Highway 10 to
Highway 96 unchanged, which is essentially the only thing, which would remain unchanged.
With the original proposal approved by the City Council, the cOlmections from northbound US
Highway 10 to eastbound Highway 96 are lost, as well as the connections from eastbound
Highway 96 to southbound US Highway 10. Movements to Highway 96 from southbound US
Highway 10 would be preserved. With the new proposal made this evening, all of those
connections are lost, with the exception of the connection to Scherer Lumber to the north, and
maintains the northerly egress to the Arden Manor Mobile Home Park.
Councilmember Malone stated that this entire process is frustrating. The City of Arden Hills had
originally planned an at-grade intersection in 1996. Since then, the Minnesota Department of
Transportation has gotten involved and is suggesting a plan with no connections. This would
cause problems by cutting off nceded circulation in the area, as well as negatively impacting the
residents.
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With thc new proposal, land would be set aside for an intersection to allow cross traffic at US
Highway 10 and Highway 96 at some time in the future. Council member Malone expressed
concern for the short term, as tbis would be a temporary solution. There is no assurance that this
future intersection would be constructed. The City of Arden Hills is being asked to make some
significant trade-offs with a vague promise from the Minnesota Department of Transportation
that someday the area wi]] be fixed. The City of Arden Hills has been let down before by these
sort of vague promises, such as the reconstruction of Highway 96. At this point there are no
plans in the State's Transportation Improvement Program for these improvements.
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Councilmember Malone stated he would prefer to look into the practicality of an intersection at
grade. Without anything in writing, he would be reluctant to allow construction which would
seriously impact ilie City, with only a vague promise that the situation will be fixed sometime in
the future.
Councilmember Aplikowski stated that this process was frustrated her too and she had been
happier with the original plan approved by the City Council. With regard to ilie displacement of
homes, she suggested that perhaps these homeowners may be impacted in the future by more
noise and may be relieved that they were relocated. She indicated that she was inclined to do
nothing wiili this intersection until the TCAAP area develops.
Mayor Probst asked Mr. Tolaas what he thought would happen if the City chose to go back to the
original plan with an at-grade intersection. Mr. Tolaas stated that, considering ilie length of time
this project has been discussed, and the strong interest the State has in a grade separation at the
intersection, he was not sure how the Minnesota Department of Transportation would respond.
However, it is within the rights of the City to make this request. He noted that it would be a
short-term solution, which would require major alterations once the TCAAP site is available.
Additionally, there may be a funding issue, as the Minnesota Department of Transportation
would not support this scenario.
Mayor Probst asked if the tumback money would still be available. Mr. Tolaas stated iliat ilie
tumback money is available, however it would be looked at with stronger scrutiny than with
previous work. Turnback funds are generally used to restore roadways and the State would be a
harsher critic of an at-grade intersection and the widening ofthe bridge at I-35W. The Minnesota
Department of Transportation is convinced that the City would be left with a level of service,
which would be unacceptable to everyone. The State is anticipating a significant increase in
trafIic in the area and ifilie City of Arden Hills wants to utilize State funds, it should work wiili
the State.
Mayor Probst stated iliat he was not inclined to provide direction this evening, as he would prefer
more time to think about the situation. He indicated that the greater harm to the residents of the
Arden Manor Mobile Home Park is not coming to closure with what will happen to their homes.
At this time there are six more residents who would lose their homes than wiili the original
proposal. These rcsidents also deserve more time to think about this prospect. He suggcsted that
the residents contact Ramsey County if they want additional information.
Councilmember Aplikowski asked, if a person traveling north on US Highway 10 had business
on Highway 96 to the east, how would they access iliis area with the new proposal. Mr. Tolaas
stated tllat the person would not usc Highway 10. Access to Highway 96 could be made either
from Lexington Avenue or I-35W. This does indicate the need for better access at I-35W and
Highway 96.
Councilmember Larson confirmed that all the ramps at I-35W would be metered. Mr. Tolaas
stated that this was correct. Councilmember Larson stated that, if a person traveling west on
Highway 96 wanted to access northbound US Highway 10, they would be forced to utilize I-35W
and wait at a metered ramp. Mr. Tolaas stated that this was correct.
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Councilmember Larson asked what thc cost differences were between the two proposals. Mr.
Tolaas stated tl1at the proposal with the ramps would be much more expensive. Councilmember
Larson asked how much more thc ramp proposal would cost. Mr. Tolaas stated that the ramps
thcmselves cost approximately one-quarter of a million dollars each. Additionally, the north
ranlp would need to acquire TCAAP property and could cause a major delay in the complction of
thc project. Mr. Tolaas noted that thc staging of either of the proposals would be challenging
because of tlle traffic. The construction will require by-pass lanes and temporarily signalizcd
intcrsections, which can be very costly.
Councilmember Larson asked Mr. Tolaas to cxplain what tl1e noise level impacts would be to tl1e
rcsidents in the area west of US Highway 10. Mr. Tolaas explained that the grade separation at
US Highway 10 would be achieved by Highway 96 being under US Highway 10. The profile
leading to and from the bridge would be approximately the same. Therefore, aside from normal
traffic growth, which will occur with or without this effort, tl1e Mobile Home Park residents
experience would be about the same. With regard to ramps, the ramp areas would be closer and
would generatc more traffic, which would otherwise be directed ovcr to I-35W. Cutting offtl1e
connection would rcduce thc number of vehicles on Highway 96. Mr. Tolaas noted that, witl1 the
expected increase in traffic ovcr time, tl1is arca might not be attractive for residential use.
Councilmember Larson asked, ifthere is a choicc to move forward with the proposal with ramps,
would there also be impacts tl1at would be eliminated with tl1e reduction of stop and go traffic
noises. Mr. Tolaas noted that there would still be noise from traffic traveling at a high rate of
speed.
With regard to the second option presented tl1is evening, Councilmcmbcr Larson asked what
dictated the location of the future intersection to the north, which was shown in gray on tl1e map.
Mr. Tolaas stated that tl1is area was shown on tl1e map simply as a gcneral vicinity. The location
of this intersection will depend upon land use. He noted that thcrc couldn't be two intersections
so close to each other. Therefore, if the intersection at Highway 96 were constructed with ramps,
the ramps would have to be removed in order to construct the new intersection to the north.
Councilmember Larson noted that this would be assuming that the proposed new intcrsection
would be located at the site shown on the map. He indicated tl1at there is nine-tenths of a mile
between the intersection and the off-ramp from US Highway 10 to I-35W. Therefore, there is
quitc a bit of room to allow an access at the TCAAP property.
Mr. Tolaas statcd that thc Minnesota Department of Transportation would oppose this idca since
thc Statc is vcry protcctivc about how far apart interchanges arc. With the high speed of traffic,
the State would want any connections to US Highway 10 as far apart as possible. The Minnesota
Department of Transportation prefers two miles betwcen interchanges.
Councilmember Larson stated that he would still prefer the original proposal. This proposal
would eliminatc thc need to acquire property and displace homeowners. Councilmember
Aplikowski asked if the City has the option to choose the original proposal. Mr. Tolaas stated
that the Minnesota Department of Transportation's position was that they would reluctantly
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accept this option. Thcy would want to put into writing tl1at, if somc of their fears for safety duc
to weaving patterns arise, they would eliminate all local accesses from or onto US Highway 10.
Coullcilmember Larson asked what local accesses Mr. Tolaas was referring to. Mr. Tolaas statcd
tl1at he was referring to the opening to Scherer Lumber and tl1c Big 10Supper Club.
Councilmember Larson noted tllat tl1ese accesses would bc closed off with the new proposal.
Mr. Tolaas stated tl1at the only access, which would remain, was the access for Scherer Lumber.
He noted, however, that the loss of access would be made up by the construction of a frontage
road.
Councilmember Malone expresscd his bclief that the City of Arden Hills is bcing held to a higher
standard by the Mimlesota Department of Transportation than otl1er cities. There is pressure
being put on the City for long-term vision, which is not being put on other cities, and it appears
as though other communities are allowed to follow different rules.
With regard to the spacing of interchanges, Councilmember Malone stated that the high level of
traffic, which would be dumped onto Highway 694, with the proposed upgradcs, would be too
closc to Lcxington A venue. It sccms to him tl1at if it is convenient for the Minnesota Department
of Transportation to not pay attention to tl1e rules, it is acceptable. Howevcr, Arden Hills is
expected to havc long-tcrm vision. He expressed his belief that the State should create a super-
interchange at I-35W and Highway 694 and leave US Highway 10 as a local access.
Councilmember Malone stated that he understands the need for vision. He would be less
reluctant iftl1ere was a good plan, if the City of Arden Hills was treated the same as other
communities and if the Milmesota Department of Transportation were willing to provide a long-
teml commitment for future construction. He noted that if this issue is not resolved, the
Highway 96 improvements may not bc accomplished since the turnback funds may not be
applied.
Councilmember Malone stated tl1at the Arden Hills taxpayers pay a great deal of State Tax and
get very little back in return.
Mr. Johnson noted that if tl1e new proposal were approved, it would make it diflicult for fire
trucks to access tl1e Arden Manor Mobile Home Park.
With regard to the maintenance oftl1e frontage road, Mr. Pritsinger asked Mr. Tolaas how the
ownership and future maintenance responsibilities of the different configurations would take
place. Mr. Tolaas stated that the frontage road would be a municipal access road.
With regard to Councilmember Malone's conccrns, Mr. Tolaas statcd tl1at he had not intended to
suggest that the turn-back funds would not be available tor the Highway 96 reconstruction. He
indicated that there arc certain types of features which the State feels are not mecting tl1e
standards. Councilmember Malone stated that when he sees money being spent on projects
which are poorly designed, such as WisPark in Shoreview, he feels as tl10ugh the City of Arden
Hills is being held to a different standard.
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Mayor Probst stated tl1at the City Council would not be taking action on this issue this evening.
He indicated that the City will have to take some position as a community in the near future and
the City will keep the residents informed as the process movcs forward.
Councilmember Rem asked if it would be possible to have the Minnesota Department of
Transportation represented the next time this issuc is discussed at a Council meeting. Mayor
Probst stated that a State representative would most likely attend a meeting if asked to do so.
Councilmember Aplikowski asked that tl10se residents present at the meeting take the time to
think about tl1is issue and let the City know how they feel, particularly thosc rcsidents whose
homes would be eventually moved.
APPROVAL OF MINUTES
A. .June 14, 1999 Regular Council Mceting
B. .June 21,1999 Council Worksession
MOTION:
Councilmember Aplikowski moved and Councilmember Larson seconded a
motion to approve tl1e meeting minutes of the June 14, 1999 Regular Council
Meeting, and the .June 21,1999 Council Worksession, as submittcd. The motion
carried unanimously (5-0).
CONSENT CALENDAR
A. Claims and Payroll
B. Business License Application
MOTION:
Councilmcmber Malone moved and Councilmember Aplikowski seconded a
motion to approve the Consent Calendar and authorize execution of all necessary
documents contained therein. The motion carried unanimously (5-0).
PUBLIC COMMENTS
Mayor Probst invited those present to come forward and address the Council on any items not
already on the agenda.
Mr. Frank Rekuski, 3170 Hamlinc Avenue, wished to address the Council regarding the
Josephine East, LLC developmcnt in the Shoreline Lane area. He indicated that he had received
a letter from thc City staff and he wished to clarify a few items. He had hoped to have the
developer's agrcement rcady for this evening's meeting, howevcr, he did not receivc the
agreement until this evening.
Mr. Rekuski stated that, upon the approval of the plat for this development, the construction of
the two front lots has begun. The two rear lots were to be held until tl1e access situation is
resolved. He had received a copy oftl1e minutes trom the City Council meeting and he was
concerned that the minutes did not reflect what he had understood. The minutes indicated that,
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with regard to tl1c two rear lots bcing hcld until the access situation is resolved, this must be
rectified within 24 months. To him this meant that, if the situation is not rectificd witl1in24
months hc would have to walk away from the two lots and he was not willing to do this. He
hoped tl1at the wording could be changed to say that, if the situation were not resolved within 20
months, he would have to come back to the City COill1Cil in order to strive tor a solution.
Mr. Rekuski stated that hc has worked with the two neighbors for three weeks and has still not
come to an agreement with them. He indicated that the neighbor to the east, Ms. Rushenburg, is
very upset with tl1e City Council. He believes that the only way to ease her mind would be if the
City Council spoke with her and explain that she would not be losing anything by allowing tl1e
necdcd easement. It was his understanding that Ms. Rushenburg is concerned that, if she gives
up the easement, she will be left with a non-conforming lot.
Mayor Probst statcd tl1at if there were a request from Ms. Rushenburg to clarify what an
easemcnt means, the City would certainly be willing to do tl1is. Mr. Rekuski stated tl1at he had
spoken with staff and received clarification of easements. He had attempted to explain this to
Ms. Rushenburg; however, she is still very uncomfortable. He suggested that he bring Ms.
Rushenburg to the City staff in order for them to sit down and cxplain the situation to her.
Mayor Probst stated that if Ms. Rushenburg has questions, the City staff would provide answers.
.
Mr. Fritsinger stated tl1at one issue from the staffs point of view was that, it is one thing for staff
to answer questions with regard to Code requirements and expectations of the City. However,
staff is trying to avoid having to negotiate what had become a part of Mr. Rekuski' s development
process.
Councilmember Malone stated that the condition for approval of the plat was correct as it
appears in the minutes. The intent of the City Council was to find a way to approve tl1e plat and
the problem was tl1at there were two westerly lots that, in order for them to actually be lots, they
had to have public access. The easterly lots wcrc acceptable because they have public right-of-
way access. The condition for approval was to allow two years to scttle the access issue. If, after
the two years, the access situation were not resolved, the plat approval would become null.
Mr. Rekuski statcd that the four lots could have access to Lexington A venuc at tl1is time. He had
wantcd to eliminate this access due to the agreement with Mr. Bachman for access to the cul-de-
sac. Councilmcmber Malone reiterated that the City COill1cil couldn't automatically approve a
plat that includes two lots without access.
.
Mayor Probst stated that the City Council would not have approved the four lots if the current
access situation were permanent. The Council has given approval for the four-lot configuration
under tl1e assumption that the final platting process would be expedited. Thc two-year time
trame was intended to cnsure action was taken to rcctify tl1e access situation. Mayor Probst
stated that the minutes of the meeting were accurate. Mr. Rekuski stated that the City is asking
for something hc has no control over. Councilmember Malone exprcssed his understanding of
Mr. Rckuski's prcdicament. He pointed out, howcver, that the only alternative would have been
to deny the plat.
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
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Ms. Diane Rushenburg, 3168 Shorelinc Lane, stated tl1at she has made a few calls to tl1e City in
order to gain an understanding of the casement and find out what her options are. She indicatcd
that she is not trying to hold up thc development and she is not being unrealistic. She felt that
she would be toolish to sign an agreement allowing access across hcr property without having a
full understanding of the situation and what hcr options are.
Ms. Jody Hilgers, 1532 Briarknoll Drive, stated that she came to the meeting to hear the proposal
regarding thc US Highway 10 and Highway 96 intersection. She indicated that she lives at the
southcast portion of this intcrsection and she was interested in the Council's strategy on how tl1e
Minnesota Dcpartment of Transportation's objective to handle the traffic volume on US
Highway 10 will affect the neighboring residential properties.
.
Ms. Hilgcrs agrecd witl1 Councilmember Malone's comment that perhaps the City should be
challenging thc Minnesota Department of Transportation to do something to improve tl1e
interchange at Highway 694 and 135-W. She was concerned by the comments that the Minncsota
Department of Transportation plans to do somcthing with the Highway 694 and US Highway 10
interchange, however, no one really knows what these plans are. Consideration should bc given
to how much money the Minnesota Department of Transportation plans to spend on the Highway
694 and US Highway 10 interchange, the Highway 96 and US Highway 10 interchange, and the
Highway 96 and 135- W interchange. The City should take a look at why it would want to
encourage continued volumes of traffic through residential Arden Hills, which would decrease
property values, rathcr than challenging the Minnesota Department of Transportation to improve
thc Highway 694 and 135- W interchange.
Mayor Probst stated tl1at tl1is is what the City has been attempting to do. Within the
Transportation Improvement Program, thcre is a process by which projects must gct into this
program in order to be funded and scheduled for construction. The latest document indicates that
tl1e first work scheduled for the Ardcn Hills area is the Highway 694 overlay. All other projects
are more than 10 years out. The City has challenged the Minnesota Department of
Transportation to give the City some options; however, tl1e Minnesota Department of
Transportation has not looked at tl1is situation in this level of detail. The City took on some
advanccd engineering work to try to undcrstand what could happen.
Mayor Probst stated tl1at there is a lot more work which needs to be done, however, the City is
not convinced at tllis time that it wants to spend General Fund dollars for these projects. One
other vehicle which may providc help to the City of Arden Hills is thc I-35W Corridor Coalition
which is currently looking at l-35W and its related transportation issues.
Mayor Probst stated that tl1e people who are in tl1e most difficult position at this time are tl10se
residents in the Mobile Home Park who wcre told two years ago that they may lose their homes.
.
Councilmember Malone offered to provide Ms. Hilgers with a copy of the Transportation
Improvement Program for her to review. He noted that the problem with this program is tl1at,
according to Fcdcral regulations, the State cannot plan more than three ycars out. Since the
improvements in Arden Hills are beyond this limit, tl1ere is no formal plan for these projects. He
ARDEN HILLS CITY COUNCIL - JUNE 28,1999
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also pointed out that the Regional Blueprint calls for containing growth and moving towards
mass transit, not enlarging freeways.
UNFINISHED AND NEW BUSINESS
B. Arden Manor Park Project
Mr. Fritsinger explained that tl1e discussion to improve the Arden Manor Park has been ongoing
for several months. The Parks and Recreation Committee has spent a good portion of tl1e last six
to eight months looking at the whole program for Arden Manor, including two items which were
a part of this year's Capital Improvement Program, the playstructure and the basketball court.
The Parks and Rccrcation Committee met witll residents of Arden Manor Mobile Home Park on
March 16, 1999, to discuss the potential redevelopment oftl1e park. Prior to tl1is meeting, staff
had sent surveys to each resident of the Mobile Home Park, soliciting input into the possible
features of the redeveloped park.
.
Mr. Fritsinger presented drawings depicting the current layout of the park. He indicated that tl1e
Parks and Recreation Committee Commission looked into the feasibility of an overall
redevelopment. The Committee mcmbers discussed adding trails around tl1e play area, moving
the playstructure, and generally improving tl1e overall sitc. This concept had a number of
concerns, particularly with the trail area. There is an ongoing drainage problem within the park
and constructing a trail around the perimeter ofthe park would present additional drainage
problems. For these reasons, the Committee moved away from this concept and focused on the
items, which are components of the Capital Improvement Program for this year.
As the Committec looked into the options for the younger childrcn and spoke with the residents,
the real need, which came up, was to provide an cnhanced playstructure and a basketball court
for the older children. A third item, which came up, was the picnic shelter. The picnic shelter is
currently located to thc far north, adjacent to thc pond. With the redesign, it was fclt tl1at moving
tl1e picnic shelter in grcater proximity to the other activities taking place would enhance its
usability by the residcnts.
The one constant related to this redevelopment which has been a subject of discussion over the
last six years has been the issue of drainage. The storm water improvemcnt being suggested is an
enhanced drainagc swale tl1at would carry the water to thc existing outlet pipe.
.
Last year, the park owner had been granted City approval to construct a garage in the parking lot.
One problem that did not come up when this approval had been granted was the fact tl1at it
limited the City's ability to enter the park with maintenance equipment. Additionally, the City
could not maintain a skating rink in tl1e park tl1is past winter, for the first time, because it could
not access the site to flood the rink. The redevelopment of the park would also include an
improved access, not only to the gencral area of the improvements bcing proposed, but also
allowing access to the rest of thc park to perform gcneral maintenance.
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
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The total estimated cost for the park redevelopment would be $125,640. This amount is fairly
significant comparcd to what was projected in the Capital Improvement Program this year. The
projected cost to rcplace the playstructure and baskctball court was approximately $55,000.
With regard to the condition of the park itself, Mr. Fritsinger stated that tl1e various structurcs are
in need of repair or replacement. Thc primary cause for the condition of the tacilities is the poor
quality ofthe soil present in the park. The park structures experience a great deal of heaving
during tl1e spring tl1aw. In addition, the ongoing drainage problems havc also caused damage to
tl1e facilities.
One question which the Parks and Recreation Committee, as wcll as the City Council, has
struggled with is what would be the long-term nature of any improvements tl1at tl1e City puts into
the park. The City has an easement for the area; however, it docs not own the land on which the
park is located. When Arden Manor Mobile Home Park was platted, tl1e City Council at thc time
made the decision that, to satisfy park dedication, an easement would be sufficient. Along with
this tl1ere were some improvements that the owner ofthc Mobile Home Park was required to
make in the playground area. It does appear that this was accomplished to the satisfaction of
both the City and tl1e owner. As long as tl1e Arden Manor Mobile Home Park exists, the City
will be responsible for maintaining tl1e park structures easemcnt.
.
The City does not have any storm water easements within the Mobile Home Park. As a result,
tl1e City has no legal responsibility for the drainage improvements proposed as part of this
project. The City has attempted, tor many years, to encourage tl1e property owner to improve the
drainage problems that exist in the park. The owncr has been reluctant to undertake the level of
drainage improvements suggested by thc City. However, eventually, the Park owner did improve
the drainage swale around the tennis and basketball courts, but did not undertake any of the otl1er
improvemcnts previously suggested by the City.
The Parks and Recreation Committee tried to consider what the overall benefit of improvements
to the park would bc to the community and believe that the City's investment in the park is not
only good for the Mobile Home Park community, but also good for the City as well. Continuing
to put off thc rcdcvelopment would not be in the best interest of the community.
The City recently completed a drainage rcport that identified all of the areas within the City that
had a nced for drainage improvements. This area was rated high in terms of the nced for
improvements in the area of$25,000. These improvements could be paid tor out ofthe SWM
Fund. The remainder of the costs would primarily be funded out of the Park Fund. The currcnt
balance of the Park Fund is approximately $460,000.
A few years ago, the City Council had challenged tl1e Parks and Recreation Committee
Commission to look at the type of projects available within the community and to prioritize these
projects for utilization of the Park Fund balance. The Parks and Recrcation Committec felt that
this project was a high priority.
.
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
16
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One other option available for funding may be through tl1e use of an assessmcnt to the property
owner. Under the Arden Hills Assessment Policy, tl1e City has the authority to assess for this
type of improvement project.
Using the recently acquired socio-ecomomic data, the City has bcen able to map out tl1e total
number and age of children currently residing in tl1e Mobilc Home Park. This data shows that
the park has the largest concentration of children within the City. The improvements would be
geared tor those children.
Mr. Fritsinger stated that in looking at the Capital Improvement Program document and the notes
related to the improvements to both the playstructure and basketball court, therc might not have
bccn much consideration given to improving the sub-base below those two facilities. Based on
the cost of simply installing thc playstructures with woodchips and concretc for tl1e basketball
court, it seems to bc comparable to just installing the facilities witl10ut making improvements to
minimize heaving. In working with the City Engineer, staff has included these types of site
preparation improvements, which have been added to the cost of the project.
Mr. Fritsinger advised tl1at tl1e Parks and Recreation Committee recommended to the Arden Hills
City Council tl1at the following improvements bc made to Arden Manor Park:
.
. Replacement of playstructure
. Construction of new full-size basketball court
. Completion of correction drainage improvements
. Completion of soil correction/sub-base work
. Relocation of existing picnic shelter
I f the City Council supports this recommendation, it should move to direct the City Engineer to
prepare thc ncccssary plans and specifications for the projcct and to work with thc property
owner to obtain approval for the improved park service drive.
Mr. F ritsinger indicated that members of the Parks and Recreation Committce were present at the
mecting to speak to the importance of proceeding with this park redevelopment project.
Mr. Don Messerly, Chairman of the Parks and Recreation Committee, stated that this project has
been a priority of tl1e Committee over thc last six to nine years. Thanks to the hard work by tl1e
City Administrator in assisting the Committee, the Commission finally has a proposal for
consideration by the City Council. He indicated that it is a perplexing subjcct tl1at the Arden
Manor Park is private land and any improvements made by the City will benefit the owner oftl1e
Park. However, thc children living at the Mobile Home Park have notl1ing in the way of
recreational facilitics. The closest parks arc the Valentine Park and Royal Oaks Park. Therefore,
even though thc improvements would bencfit the Park owner, the project would be done for the
children who really need it.
.
Mayor Probst stated that therc was no question of thc appropriateness of trying to improve the
facilities at Arden Manor Park. He expressed his frustration that a morc enlightened property
owner would be leaping at the opportunity to participate in the improvcmcnts. Unfortunatcly,
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
17
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the City's history with tl1e current property owner has not been good. Mayor Probst statcd tl1at
his position is that the City should try to find a way to proceed. However, he was not prepared
for the City to take on the entire cost of the project. He believed that the City should consider
assessing a portion of the improvements back to the property owner. His only concern of taking
this action would be tl1at the cost would be rolled back to the residcnts by way oflot rent
increases. Unless tl1e property owner was willing to give title of the park area to the City, the
owner has an obligation to see to it that these improvements are made.
Councilmember Malone concurred witl1 tl1e Mayor's statements. He bclieved that tl1e soil
corrections and drainage improvements should be assessed back to the property owner and tl1e
City would pay for tlle playstructure, the basketball court and thc movement of the picnic sheltcr.
When the Mobile Home Park was first approved, therc was a need for open space and thc
property owner agreed to provide this space. However, the property owner has not lived up to
his part of the agrecmcnt. He noted that the Arden Manor Mobile Home Park is private property
and he does have a problem witl1 expending public money on private property.
Councilmember Larson expressed his belief tl1at, altl10ugh it is uncertain as to whether or not the
City can ask, or force tlle owner of the Park to pay an assessment, this should not stand in the
way of making tlle needed improvements. Although he supports the idea of the Park owner
sharing in the cost tor improvemcnts, he would hate to see the improvements delayed any longer
than they already have been. Therc is a strong need to provide improvcments for the residents of
the Mobile Home Park.
.
Councilmcmber Larson stated that he supported tl1e proposal as well as having tlle property
owner pay for the drainage improvements and the soil corrections.
Mayor Probst stated that the action rcquested of the City Council was to direct the City Engineer
to prepare the necessary plans and spccifications for the project. Additionally, there would be tl1e
bid request and award process. Thercfore, there would be time for the City staff to research the
feasibility of assessing thc propcrty owner for some of the improvements.
Council member Aplikowski asked how many children live in the Mobile Home Park. Mr.
Messerly stated that thcre are 77 children between thc ages of three to 12, and 48 children
bctwccn thc ages of 12 to 17. Councilmember Aplikowski asked what tl1e residents are paying
for lot rcnt at tl1is time. Mr. Aaron Fredericks, 1914 Todd Court, resident oftl1e Arden Manor
Mobilc Homc Park, stated that the lot rent varies depending upon thc lot, and it ranges from
approximately $280 to $300 per month.
.
Being an owner of a Mobile Home Park, Councilmember Aplikowski statcd that she would resist
being told that she must cxpend money. However, she could not see the City putting any money
into the project until tl1e soil corrections and drainage improvements are made. If thc City is
going to install a ncw playstructure, the ground must be ready to accept it. If an assessment is
required to accomplish tl1is, then so be it. She would hate to see the property owner not fulfill his
end ofthe bargain.
ARDEN HILLS CITY COUNCIL - JUNE 28,1999
18
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Mayor Probst stated tl1at the City Council had thc option to move forward with the project and
deal with the assessment later. He noted that if the property no longer contained a Mobile Home
Park, the drainage improvements would rcmain with the property. He suggested an amendment
be made to the staff s recommended motion to include research into assessing tl1e drainage
improvements and the soil corrections.
Mr. Fredericks stated that when he comes home from work tl1ere are always children playing in
the street. He understands tl1at tl1is is part of being a child and there really is no place clse for
thcm to play. He has lived at tlle Arden Manor Mobile Home Park for approximately two years
and hc had noticed tl1e poor condition of the ground at tl1e park area. Hc agrced with
Councilmcmber Aplikowski in that the ground should be madc suitable before attempting to
install new facilities. He also agreed that the drainage issue must bc addressed prior to any
improvcmcnts as well.
Although having the owner pay tor some of the improvements may effect his lot rent, Mr.
Fredericks felt that it would not be too much to ask for the property owner to pay. It was his
understanding that the park is private property and, altl10ugh the owner has given thc City the
right to build on thc land, the owner should be responsible for at least some of the costs.
Mr. Fredericks stated that he has two young children and he would like for them to have a nice
place to play in order to keep them out ofthe street. Even though the speed limit in the Mobile
Home Park is posted 10 miles per hour, it is likely that an accident will occur.
.
Councilmember Aplikowski cautioned Mr. Fredericks that, no matter what is donc is to the park;
the children will still play in the street.
MOTION:
Councilmember Larson moved and Councilmember Malone seconded a motion to
accept the recommendation made by the Parks and Recreation Committee and to
direct thc City Engineer to prepare the necessary plans and specifications for tl1e
Arden Manor Park project and to work with the property owner to obtain approval
for the improved park service drive, and for staff to lay the ground work to assess
the property owner for the portion of thc costs related to the soil corrections and
drainagc improvements. The motion carried unanimously (5-0).
A. Municipal Code Codification, Chapters 1 through 4
Mr. Fritsinger explaincd that tl1e City Council was being asked to review the proposed changes
to the Municipal Code, Chapters 1 through 4. Staff will be forwarding this information to the
Leaguc of Minnesota Cities who will then prepare a final draft for adoption by the City Council.
.
With regard to page 1-8, Section 110.03, subparagraph 1, Mayor Probst assumed that the note
portion, which discusses making tl1e language gender neutral, would be removed. He askcd if
staff required anything fnrther from the Council to address tl1is concern. Mr. Fritsinger stated
that nothing further is needed from tl1e Council. He indicated that this would be an issuc, which
he will takc up with the League of Minnesota Cities to ensure the language being used is proper.
There are still several spots within the Ordinance which use terms such as City Clerk, Clerk, City
.
.
.
ARDEN HILLS CITY COUNCIL - JUNE 28,1999
19
Administer and Administer, and these terms have not all been caught. These need to be made
consistent according to the type of organization tl1e City is.
Councilmember Malone asked Mr. Fritsinger if his official titlc is Clerk Administrator. Mr.
Fritsinger stated tl1at this was his official title. He noted that thc League of Minnesota Cities has
indicated tl1at it technically does not matter what title is used for his position, so long as it is
consistent.
Mayor Probst stated tl1at he would prefer that the Ordinance use the title Administrator for Mr.
Fritsinger's position. Mr. Fritsinger stated that this title is what has been used in the past,
however, there are still placcs within tl1e Ordinance where other titles have been used.
With regard to pagc 1-9, subparagraph 4, Mayor Probst noted that this section refers to otl1er
agencies of the City. He wondered iftl1e Code should specifically cover the share ofthe Lake
.Johanna Volunteer Firc Dcpartment, or should tl1e section be left as is since it will be brought up
in later chapters. Mr. Fritsinger stated that including the Fire Department was not necessary. He
indicated that the Leaguc of Minnesota Cities has addressed a numbcr of places where it states,
"or other agencies as appointed by the City" and this covers the Fire Department.
On page 1-9, subparagraph 5, Mayor Probst noted that the word "May" should bc lower case. He
also noted that on page 1-13, Section 120.04 does not makc sense. He felt that something must
have been missing in this sentence. Councilmember Malone stated that the words "shall
continue" should be removed.
On page 1-14, Mayor Probst noted that this final section identifies who is eligible to serve
summons and he asked if the list should include the Police or Sheriff Department.
Councilmember Larson statcd that there really is no reason to list the Police or Sheriff
Department.
Councilmembcr Larson stated that, on page 1-5, subparagraph 12, the definition of "Pathway"
and "Pedestrian way" is somewhat confusing. He suggestcd using tl1e morc commonly accepted
term "trail." He noted that when the Code was originally written, pedestrians used trails almost
exclusivcly. He also noted that the end ofthe subparagraph states "for the principal use of
pedestrians." He felt that this should be changed to include otl1er metl10ds of non-motorized
transportation.
Mr. Fritsinger stated that tl1ere is a slight difference between these dcfinitions and the definitions
in the Zoning Ordinance. Mayor Probst asked if therc was any reason not to make tl1e definitions
common in tl1e Code and the Zoning Ordinance. Mr. Fritsinger stated that tl1ere was no reason
for the definitions not to be the same.
Councilmember Larson asked whether the Code or the Zoning Ordinance is amended more often.
Mr. Fritsinger statcd that, although ncither one is amended very oftcn, the Zoning Ordinance is
amended morc often.
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
20
.
Councilmember Larson stated tl1at on page 2-1, Section 200.02, second sentence, the word
"formal" should be changed to "form." He noted that on the same page, in subparagraph 2, it
states, "The absentee ballot precinct shall be the precinct in which the City Hall of the City
serves as thc polling place for such precinct." He asked if this should state "in which tl1e City
Hall of the City is located..." He felt that the way the sentcncc is written it implies that there
would always be a precinct polling place at the City Hall.
Mr. Fritsinger statcd that at the last election, Ms. Stowell and he were tl1e absentee election
judges and they did all the counting at the City Hall. When the City Hall was moved, it was no
longer the polling placc for tl1e City, howcver, the City Hall did still maintain the absentee
voting. Witl1 the new City Hall, the assumption is that the City Hall will once again be the
polling place.
Councilmember Larson stated that tl1e reason he had suggested changing thc wording was so it
would not force the City into a situation where the City Hall must be thc location for the absentee
ballot precinct. He stated that he had the same concern with regard to subparagraph 3 on page 2-
2.
.
Councilmember Larson suggested that on page 2-8, Section 220.01, subparagraph I, tl1e
statement, "or othcr body of the City" should be added. Since the City is establishing new Task
Forces at this time, and tl1ere may be the need to establish otl1er such bodies, this change would
apply to tl1ese otl1er groups. He suggested the same addition be made in subparagraphs 2 and 3
of the same Section after the word "commission."
Councilmember Larson stated that on page 2-10, subparagraph 2 refers to the human rights
commission and suggested that this entirc scction should be removed. Mr. Fritsinger stated tl1at
the City Council had already taken action to remove tl1is section of tl1e Code.
Councilmember Larson stated that on page 2-14, subparagraph 5, he could not imagine what
"other officers" would nccd to bc appointed to the Plarming Commission. He suggested that this
language be removed. Mr. Fritsinger agreed. Councilmember Malone stated tl1at it might best to
leave this language in since it preserves the ability of the Planning Commission to appoint an
additional officer if necessary.
Councilmember Larson stated that on page 2-16, paragraph 6 creates an appeal process, which
seems to be very different from any other type of appeal that can be taken. This appeal process
goes around the City Council and allows the Planning Commission to make the final decision.
He asked why tl1is is. Mr. Fritsinger stated that the final appeal always goes to the City Council.
He noted that the language in the section might be related to the old Board of Appeals. He
suggested deleting the entire paragraph.
tJ
On page 2-21, Section 230 - Civil Defense, Councilmcmber Larson stated that tl1e note indicates
that tl1e City may have forfeited its power to the County since committecs have never been
established. He suggested that, rather than having all the boiler plate information includcd in the
Code, which is geared more toward a war-fare situation than natural disaster, it should simply
authorize the Council to prepare a plan, as has been done, and refer to this plan.
.
.
.
ARDEN HILLS CITY COUNCIL - .JUNE 28, 1999
21
Mr. Fritsinger agreed and noted that, with the adoption of the Emergency Management Plan,
Section 230 will be eliminated and tl1e Plan will become an Appendix to tl1e Code.
Councilmember Malone noted that on page 2-4, the first paragraph states "The first mceting of
the year shall be held on the second day of .January..." He suggested that this should read, "The
first regular meeting..." Mr. Fritsinger agreed.
Councilmember Malone statcd that on page 2-18, subparagraph 10, the last sentence should be
removed. On the samc page, Scction 220.05, thc first sentence should state, "Fire Protection
services mav be..." Not shall be.
Mayor Probst stated that, on pages 2-1 and 2-3, Sections 200.01 and 210.01, it seemed strangc
for these sections to indicate that elections shall begin with tl1e 1974 and 1986 elections. Mr.
Fritsinger assumed that when this part of the Code was adopted it was prior to tl1ese dates.
Mayor Probst asked tl1at the dates be removed and tl1e wording be changcd appropriately.
Councilmember Larson indicated that these Sections should statc that the elections should be
held every even numbered year, without a starting date.
Mayor Probst asked if, on page 2-6, subparagraph 1, the word "seasonably" should be changed to
"reasonably." Councilmember Malonc stated that thc term "seasonably" is the correct tcrm.
With regard to subparagraph 7 on page 2-6, Mayor Probst stated that he did not understand the
last sentence. It did not make sense to him to state that a minority may adjourn from day to day
to compel the attendance of absentees. Councilmember Malone noted that no one could compel
somcone to attend a meeting.
Mr. Fritsinger noted that in another community thc City Council took action to physically
rcmove one of the members from the Council who did not attend the meetings on a rcgular basis.
Councilmcmbcr Larson suggestcd tl1at pcrhaps this subparagraph is indicating that there would
be a minority sincc thcre is not cnough Councilmembers to constitute a quorum. Therefore a
minority can adjourn the meeting since a meeting cannot be held until there is a majority. Mayor
Probst stated that he would prefer to have tl1is subparagraph reworded.
Councilmember Larson referred back to the Mayor's concern regarding the term "seasonably."
He noted that this was an archaic term and suggested changing the word to "timely."
With regard to the note in paragraph two on page 2-15, Mayor Probst asked where the number 45
days came from and if this should be adjusted. Mr. Fritsinger stated that the 45 days is consistent
throughout the process. The note being referred to by the Mayor was regarding a question Mr.
Fritsinger had asked related to the recent change to 60 days in which the City is responsible for
addressing these issues. The League of Minnesota Cities had indicated that thc 45 days was still
acceptable.
ARDEN HILLS CITY COUNCIL - JUNE 28,1999
22
.
With regard to thc notc in Scction 300.08 on page 3-3, Councilmember Malone stated tl1at since
the City does not havc a hcalth officcr, the Code should refcr to the County Healtl1 Oflicer in all
places.
Mayor Probst asked Mr. Fritsinger to cxplain the notes on pages 3-6 and 3-7. Mr. Fritsinger
stated that most of the notes were based on questions staff had for the League of Minnesota
Cities. With regard to paragraph G on page 3-7, Mayor Probst noted tl1at the City recently
passed a new Tobacco Ordinancc.
With regard to the note in paragraph K on page 3-8, Councilmember Malone noted that tl1e City
has a Mining Ordinance and stated that the reference to an Excavating Contractor could be
removed. Mr. Fritsinger agreed and noted that this reference had come from the re-write ofthe
City's original set of Ordinances, however, he could not find an Excavating Contractor listed in
the Code book. When he had asked the League of Minnesota Cities if this was something that
should be added, tlley had responded by indicating that they did not know where this reference
had come from either.
Councilmcmber Larson stated that on page 3-4, in the middle oftl1e first paragraph, it statcs,
"...any officcr or employee of the City..." It secmcd to him that the City is often relying on other
people to do some of the inspections which would otl1erwise be done by the City. He suggested
tl1at this statement indicate any officer of the City, or as otherwise appointed.
.
Councilmember Larson stated tl1at on page 3-5 there was no ditference between paragraphs C
and D. He felt that paragraph B covered tl1e intent of paragraphs C and D.
On page 3-7, paragraph.J, Councilmember Larson asked why heating, ventilating and air
conditioning and gas installer businesses were singled out as opposed to any other business. Mr.
Fritsinger stated that there is a different process requircd for the licensing of these items. Mayor
Probst asked why General Contractors was not includcd in tl1is section. He thought pcrhaps this
was what paragraph K, Excavating contractor was rcferring to. Councilmember Malone asked if
the City provides licensing to General Contractors. Mr. Fritsinger stated that the City does
provide this licensing. He indicated that anyone who wants to do business within the community
must be licensed. He agreed that General Contractors should be included in this section and he
would speak witl1 the League of Minnesota Cities on how to address this issuc.
Mayor Probst asked if, on pages 3-8 and 3-9, paragraphs P and T should be removed since these
businesses have been zoned out ofthe City. Councilmember Larson asked if it was likely that a
taxicab business would bc started in the City of Arden Hills. Mr. Fritsinger eXplained tl1at other
communities, such as Saint Louis Park, would license every taxicab that services the community.
The City of Arden Hills does not do this. Mayor Probst stated that the City would not want to
license taxicab services, as tl1is would become a zoning issue.
.
With regard to page 3-9, paragraph V, Mayor Probst asked what a Rap Parlor is. Mr. Fritsinger
statcd that a Rap Parlor falls into a similar category as a Massage Parlor. Councilmember Larson
noted thattl1e term "Rap Parlor" comes from the 1960's and 1970's. Mayor Probst askcd iftl1e
Adult Zoning Ordinance supersedcs tl1is section of the Code. Mr. Fritsinger stated tl1at it does.
.
.
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ARDEN HILLS CITY COUNCIL - .JUNE 28,1999
23
With regard to the note on page 3-1 I, Councilmember Malone statcd that it would be acceptable
to provide for tl1e penalty in the fee schedule adopted by reference.
With regard to page 3-13, Section 320.09, subparagraph C, Councilmember Malone noted that
licenses for garage sales are to ensure that tl1ese sales are not held everyday. Mr. Fritsinger
indicated that he had asked what the rationale behind this license requirement was. It serves no
practical purpose otl1er than; there have been cases in otl1er communities where residents try to
have garage sales everyday. Staff had agreed to continue with this license requirement for the
purpose of paper tracking. He noted that the City does not charge a fee for this license.
Councilmember Larson asked if it might be better to simply include a statement, which limits the
amount of time, a garage sale can go on, rather than licensing. Mr. Fritsinger stated that Scction
320.11 does state how long and how many garage sales can be conducted by a homeowncr
within one year.
Councilmember Larson asked if outdoor concerts should be included in the activity list on page
3-14. Mr. Fritsinger stated that, historically, tl1e City Council has wanted to approve all events.
Ovcr time, some events were not ones, which have been forwardcd to the Council. He asked the
Council how they felt about this. Councilmember Malone stated that tl1e current process works
well.
Mr. Fritsinger stated that staff needs to figure out how to deal witl1 the approvals of flea markets
and sidewalk sales. These types of sales do not occur often in the City of Arden Hills. However,
at times at the Arden Plaza merchants will display items outside on the sidcwalk. These
activities have never been brought before tl1e City Council for approval in the past. Mr.
Fritsinger indicated that staff had interpreted this reference as a larger flea market, which would
be held in such a place as a hotel parking lot.
Councilmember Larson expressed his belief that outdoor concerts should be included in the
activity list. Mr. Fritsinger confirmed tl1at outdoor concerts should be brought to the City
Coullcil for approval. Mayor Probst concurred.
Mr. Fritsinger stated that there have been several road races hcld by the North Heights Lutheran
Church. These activities have not historically been brought before the Council for approval
either.
Councilmember Larson stated that he would be willing to leave the granting of these permits up
to the staff. However, the City Council would like to know if any complaints are made regarding
the races. Mayor Probst notcd that most oftl1ese permit approvals are accomplished by the
Conscnt Calendar, primarily so that the Council is aware of the events.
Councilmember Larson asked if the rcference to commercial sidewalk sales needs to remain
listed in the activity list. Mr. Fritsinger stated that it might be bcst to leave the sidewalk sales
listcd in case thc businesses along County Road E decidcd that they wanted to usc the sidewalk
for sales.
.
.
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ARDEN HILLS CITY COUNCIL - JUNE 28,1999
24
Mayor Probst noted that pages 3-16 through 3-36 gets into a great deal of detail regarding coin
opcrated amusement devices. He felt that it seemed to be to a level of detail, which may not bc
necessary. The primary point of the information is tl1at no onc under tl1e age of 16 is allowcd to
enter or remain upon thc premises of an amusement arcade after 9:30 p.m. witl10ut an adult. Mr.
Fritsinger pointed out that this corresponds to the 9:00 p.m. City curfew, which extends to 15 and
16 year olds. Mr. Fritsinger noted that there is currently a court case pending related to tl1is
industry trying to put the cities on the spot as to the fees they charge and what the purpose of the
fees are. The outcomc of this case may cffect how this section of the Code lays out.
Councilmember Malone noted that Arden Hills had once been a resort community and tl1is
section of the Code may be related to boardwalk activities.
Councilmember Larson noted that on page 3-33, subdivision 8 states "Ifthc provisions oftl1e
Minnesota Lawful Gambling Act and this Section are inconsistent, the morc restrictive
provisions shall apply." He indicated that this is inconsistcnt with subdivision 2 on page 3-31.
Mayor Probst noted that on page 3-33, subdivision 9, first Iinc, the word Council is not spelled
correctly. Additionally, on thc top of page 3-34, the effectivc date should be removed.
Mayor Probst expressed conccrn for tl1e amount of detail provided in the information in
subparagraph lIon page 3-61. Mr. Fritsinger stated that this information is regarding massage
parlors. Mayor Probst asked ifit was necessary to list the requirement of having ajanitor's
closet. Mr. Fritsinger stated that this requirement was necessary.
With regard to subparagraph 8A, circumstance number one, Councilmember Larson asked if
thcrc would be any massage parlor or sauna businesses within thc City, which would not be
within a Zoning District. Mr. Fritsingcr stated tl1at initially, Zoning Districts R-B and G-B were
specific districts, which allowed thesc types of businesses. The current Ordinance does not have
these definitions.
Councilmember Larson asked if this intormation should state "within the City, as locatcd in the
Zoning District as a permitted use." Mr. Fritsinger noted tl1at it states prior to this information
that no license shall be issued unless the following circumstances exist. Councilmember
Aplikowski stated that there are certain Zoning Districts, which are, designated for certain uses.
With regard to page 3-55, paragraph 1, Councilmember Larson asked iftl1e City is required to
hold a public hearing for every business license application. Mr. Fritsinger stated that tl1is
information is regarding massage parlors and these do require a public hearing.
In relation to tl1is section of the Code, Mr. Fritsinger stated that one issue, which keeps coming
up, is regarding a massage therapist. He has been unable to find anotl1er city Ordinance tl1at
dcals with this issue.
Mayor Probst confirmed that all the information presented in tl1e Ordinance is required, even
with the Adult Use Ordinance in place. Mr. Fritsinger stated that it is necessary.
Councilmember Aplikowski noted that she has two friends who are nuns as well as mcssage
ARDEN HILLS CITY COUNCIL - JUNE 28, 1999
25
therapists. She indicated that these women are moving outside the metro area because they
. cannot get licensed.
Witll regard to the note on page 4-2, Mayor Probst stated that he agreed tl1at subdivision 3 should
read "over two dogs" rather than "up to three." Mr. Fritsinger expressed his belief that the
subdi visions makes sense as it was written. He indicated that a residential kennel could have up
to three dogs. Mayor Probst asked if the issue of the number of dogs has becomc a problem
within the City. Mr. Fritsinger stated tl1at tl1ere is a resident who takes in injurcd and abused
dogs and there are others who are breeding pairs and have more than tlrree dogs that are not
liccnsed.
Mayor Probst refcrred to page 4-5, subdivision 2B, and asked if the word "Administrator" should
be removed and havc this sentcnce state, "...upon application to the City, and." Mr. fritsinger
stated that in later chaptcrs therc are specific rcferences to individuals tl1at would make certain
decisions.
.
Mayor Probst asked Mr. Fritsinger ifhe personally issues the dog licenses and metal tags. Mr.
Fritsinger stated that he does not personally do the issuing, this is delegatcd to another employee.
Councilmember Aplikowski suggested the statement read, "...to thc Office oftl1e City
Administrator..." Councilmember Larson suggested this may need to bc looked at by the City
Attorney, whether the Code should only identify a specific position within City government
when it is absolutely necessary to do so. Otherwise references should be made only generically
to the City.
Councilmember Larson asked if most people who havc pets come in for licensing and thcn never
renew them, or are most people good about renewing them. Mr. Fritsinger stated that the City
consistently sends out reminder notices. Councilmember Larson asked if, when dog licenses are
renewed, the owners provide rabies certifications. Mr. Fritsinger stated tl1at they do.
With regard to page 4-2, subparagraph 5, Councilmember Malone noted that some pet owners
purchasc radio collars for their dogs and are therefore not physically rcstrained. He indicated
tl1at this situation would not fall under the category of a dog at large.
.
Councilmember Larson stated tl1at on page 4-10 the definition for a howling dog states that it
would be deemed a nuisance ifthe dog is making the noise for at least five minutes with less than
a one minute lapse during that five minutes. He indicated that he lived next to a dog tl1at was a
habitual barker. It made no diflerence if tl1ere was one or two minutes lapsc, as long it was
occurring over a long period of time. Mr. Fritsinger stated that this language was based upon
court cases in which the City must go out and document what is actually happening, so tl1cre is a
basis. Councilmember Larson statcd that he was not arguing thc basis, he was arguing whether
thc lcss than onc-minute lapse time was appropriate. Mr. Fritsinger stated that he would have to
spcak to the Animal Control Officer who had recommended this specific language to the City.
Councilmember Larson suggested removing the statement "with less tl1an a one minute lapse
during that five minutes..."
.
.
.
ARDEN HILLS CITY COUNCIL - .JUNE 28, 1999
26
With regard to subparagraph 410.02 on page 4-10, Councilmembcr Aplikowski asked iftl1e
referencc to a public place includes driveways. Mr. Ringwald stated that this would be
considcrcd trespassing. Councilmember Aplikowski askcd if owners allowing tl1eir dogs to do
their business in private driveways are what most complaints are about. Mr. Fritsinger stated that
most complaints are regarding feces in parks and trails.
Mayor Probst confirmed that Chapters 5 through 8 were scheduled to be prcscnted to the City
Council at its next regular meeting. Mr. Fritsinger stated that this was corrcct. Councilmember
Larson requested that only tlrree chapters be presented at thc next meeting. Mr. Fritsinger
concurred.
ADMINISTRATOR COMMENTS
Mr. Fritsinger stated that the vandalism in thc parks has continued. The same sort of damage is
being done to porta-potties and appears to be done by the same individual. Staff is working witl1
the Sheriff Departmcnt to put a stop to this vandalism.
Mr. Fritsinger stated that he had spoken to the Minnesota Departmcnt of Natural Resources
regarding the utilization of the grant funds for the County Road F trail. He had been intormed
that this would be too significant of a change from the intcnt ofthe grant and the transfer of the
funds would not be allowed. He will be sending a lctter tl1is week informing the Minnesota
Department of Natural Resources that tl1e grant funds will not be utilized.
Mr. Fritsinger stated that the cable TV systcm is having a great deal of problems with the change
over to Media One. The new lines being installcd are having reception problcms. The Cable
Commission is trying to get Media One to pick up their level of service. The latest response
from Media One was that new converter boxes are nccded. The replacement of all the lines and
repairing and upgrading the system was not so much for improved quality, as it was to simply
update the system and make it work. Councilmember Malone noted that his reception has been
better lately witl1 the exception of channel four and II. Mr. Fritsinger agrecd tl1at tl1e primary
stations are having the worst reception.
Mr. Fritsinger stated that he spoke witl1 tl1e Army National Guard regarding tl1e on going transfer
of the Arscnal property. Staff is working on some legal description changes to thc site plan. He
will be mceting with Mr. Brown and Mr. Ringwald to further define tl1ese changcs. A site survey
had been accomplished with a legal description. The language in the bill refers to four acres and
thc legal description was short oftl1is. Questions have arisen as to whetl1er or not the Army
National Guard owns property out the centerlinc of the highway.
COUNCIL COMMENTS
Mayor Probst stated that he had bcen interested in Mr. Ringwald's report regarding the City of
Roseville's new setback permit which is intended to eliminate the hardship finding required for a
variance. He suggested that the City should pursue this idea, as well as thc This Old House
ARDEN HILLS CITY COUNCIL - .JUNE 28,1999
27
Legislation. Hc asked that staff include this information in the Newsletter in order to make
. residents awarc of tl1ese opportunities.
With regard to Mr. Moore's report referencing vandalism, Mayor Probst noted that, sincc the
time Ramsey County initiated the County Watch Program, the City's vandalism problem has
gotten worse. Mr. Fritsinger stated that in Valentine Hills the Police received a numbcr ofleads,
which is the intention of the County Watch Program.
ADJOURN
MOTION:
Councilmember Larson moved and Councilmember Aplikowski seconded a
motion to adjourn the meeting at 10:39 p.m. Thc motion carried unanimously (5-
0).
NOTICE OF MEETINGS
.
The next regular City Council meeting will be held Monday, July 12, 1999 at 7:30 p.m. at the
Arden Hills Council chambcrs.
.