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HomeMy WebLinkAboutCC 08-31-1998 . e . MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING AUGUST 31, 1998 6:45 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 6:47 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Susan Keirn, Gregg Larson (arrived at 6:48 p.m.), and Paul Malone. Also present were City Administrator, Brian Fritsinger; City Accountant, Terrance Post; Assistant to the City Administrator, Kevin Ringwald; Public Works Director; Dwayne Stafford; Associate Planner, Nancy Randall; Consulting Engineer, Greg Brown; and Recording Secretary, Carla Wirth. ADOPT AGENDA Mayor Probst noted the revised agenda which includes Agenda Item 8alA, Authorize Preparation of Construction Plans. Council member Larson arrived at 6:48 p.m. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the August 31, 1998, Regular City Council meeting as revised. The motion carried unanimously (5-0). 1999 BUDGET AND PRELIMINARY LEVY DISCUSSION A. Resolution #98-53, Clarifying Proposed Sums of Money to be Levied for Levy Year 1998, Payable in 1999 Mr. Terrance Post, City Accountant, explained that staff has developed, reviewed, and summarized the proposed 1999 budget throughout this summer. At the outset of this process, Council gave general direction to staff with regard to communicating project priorities from the Spring retreat, headcount implications of such priorities, and capital plan items. Mr. Post stated that it appears the City will need $1,923,937, the maximum levy allowed, as communicated from the Minnesota State Department of Revenue Property Tax Division. He explained that the preliminary 1999 General Fund budget needs to utilize 97.5% of the maximum levy to achieve a balanced budget situation. At this present time, no other funds are being impacted by the proposed levy except the General Fund. He noted the 1998 and 1999 numbers addressing the TCAAP funding situation, and the plan outlays of $465,000 of which there is a funding shortfall of$405,000. -~ . . . ARDEN HI!,T ,S CITY cm )NCTT, - AUGUST 31 1998 2 Mr. Post explained that, historically, the Community Services Fund has not been used for this type of use and typically the PIR Fund has been used to internally finance capital improvement projects. In this situation with respect to the PIR Fund, there is no certainty that any outlay of planning funds would be repaid. Mr. Post eXplained that the repayment would not follow historical use of the funds since there is no certainty the funds would be repaid to the PIR. He requested Council input on this issue. Councilmember Malone noted the balance of $4.2 million to $4.3 million within the PIR Fund. Mr. Post stated it is almost $4.6 million. Councilmember Malone asked several questions related to fund balances which were answered by Mr. Post. Councilmember Malone asked if the Advanced Refunding Bond Fund is still contingently liable for original issue bonds. Mr. Post explained assessments will be received this year and next and then tail off. It was contemplated the use of those funds would partially pay for the City Hall. Mr. Post stated the underlying bonds will be paid off in 1998 and the contingency then disappears. Councilmember Malone asked about the 409 Fund. Mr. Post stated there is a residue ofMSA construction funds which were encumbered for the Lake Valentine Road Project and anticipated for use with the City outlay for the Highway 96 improvement project. The City will be in a break- even position at the end of next year and could then advance encumber ifthere is a project of approximately $750,000. Council member Malone reviewed fund balances and noted the recommendation is to use the PIR Fund. Mr. Post eXplained the recommendation is to take $205,000 from the PIR Fund and $200,000 from the Community Services Fund to cover the $405,000 shortfall. Councilmember Malone stated this seems to be a reasonable recommendation. Councilmember Malone inquired regarding the payback of the water tower. Mr. Post stated there is a balance of about $180,000 with three years to pay those obligations back. Mr. Post stated the Community Services Fund has been used consistently to subsidize the operating deficits for the recreation programs. Councilmember Malone stated when that fund was enacted, the Council made it a point to indicate it would not be used for operating revenues. Councilmember Larson asked if one of the choices is to not use either of these funds and asked where the budget could be cut if those funds are not used. Mr. Post stated if the Council desires to fund this expenditure solely from the General Fund he would suggest a combination of an unbalanced budget and to utilize some of the General Fund reserves/equity. He noted the remainder of funds would result in a difficult choice on which services to curtail. Councilmember Larson asked if there are other funds to consider besides the General Fund. Mr. Post reviewed the funds available and explained he believes it would be inappropriate to use the Enterprise Fund and, other than the PIR Fund, the fund balances are somewhat dedicated. He eXplained the uses for which they are earmarked and noted the Community Services Fund is an option. Mr. Post advised the Council is left to consider the General Fund or programs within the General Fund. . . . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 3 Mayor Probst stated to the extent that this planning exercise looked at utility issues, some expenditure from the Utility Fund might be appropriate and could be considered. Mr. Post stated that once the results and evaluation of the study are known, and if there definitely was an infrastructure feature with respect to the utilities, it would provide more concrete planning. However, currently, Phase 2 is speculative in nature. Mayor Probst stated that several meetings ago a discussion occurred on how this expenditure could be funded and there was discussion about approaching Federal EDA in regard to possible dollars. Mr. Brian Fritsinger, City Administrator, stated that contact has not yet been made. Mr. Post eXplained that staff did hold this discussion and believe it would fit the historical use of the PIR Fund. Mayor Probst stated this will effect the budget adoption which is scheduled for two weeks and asked if statf is requesting Council direction. Mr. Post stated this is staffs proposal and they would appreciate some acknowledgment if this is the right path to follow for funding or if staff should investigate other options. Councilmember Aplikowski stated if the City has to spend this money, she believes it is a good option to use these two funds. She stated her support for staff's rationale in recommending this proposal. Councilmember Larson stated his concurrence. Mayor Probst noted that at the September 14, 1998 Council meeting they will consider adoption of the preliminary budget. Mr. Post explained that the money to be levied must be certified and communicated to Ramsey County. He explained the 1999 budget is extremely tight. Mr. Post reminded the Council that by adopting the preliminary levy at the maximum, it could be reduced but not raised unless there is a disaster of some type. He noted the proposed levy is higher than adopted in the past several years and represents an increase of3 .2%. Staff recommends the adoption of Resolution #98-53 which establishes the maximum tax levy for 1999. MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to adopt Resolution #98-53, Clarifying Proposed Sums of Money to be Levied for Levy Year i998, Payable 1999. The motion carried unanimously (5-0). B. Resolution #98-54, Adopting Truth in Taxation Public Hearing Dates for Proposed 1999 Taxes Payable Mr. Post explained that in addition to certifying the Preliminary Levy to Ramsey County for proposed taxes payable in 1999, the City is also required to select Truth in Taxation public hearing dates. He noted the easier process available to cities this year since the Legislature set aside two days for use by municipalities. Staff recommends the Council adopt Resolution #98- . . . ARDEN HILLS CITY COUNCIL - AUGUST 3 L 1998 4 54 which schedules the initial hearing on Monday, December 7, 1998, the continuation hearing, if needed, on Monday, December 14, 1998, the adoption hearing, assuming the continuation hearing is not needed, for Monday December 14, 1998, and the adoption hearing, assuming a continuation hearing is needed, for Monday, December 21, 1998. Mr. Post advised that since the start of this process, the City has not needed to schedule a continuation hearing. I-Ie explained the requirement for the City to certifY the budget to the County prior to December 31, 1998. Mr. Post noted the option exists to use the last Monday of December as a meeting date, if needed. Mayor Probst agreed that over the last four to five years, the Council has not been close to needing a continuation hearing so it is reasonable to assume it will not be needed this year either. He asked if the adoption hearing can be scheduled with the continuation hearing. Mr. Post stated the adoption hearing is not within the County's notification cycle. He explained that the Council is not able to schedule both the continuation hearing and the adoption hearing on the same night. Mayor Probst suggested scheduling December 7th and December 14th with adoption on December 2i, 1998. He supported proceeding as staff suggests and that the December 28th meeting be canceled. Mr. Post stated if the December 28th meeting is canceled, the December 21 st agenda may contain some other City business items. MOTION: Councilmember Aplikowski moved and Councilmember Keirn seconded a motion to adopt Resolution #98-54, Adopting Truth in Taxation Public Hearing Dates for Proposed 1999 Taxes Payable with the adoption hearing on December 21, 1998. The motion carried unanimously (5-0). Mayor Probst suggested the Council proceed with Agenda items until the public hearing at 7:30 p.m. AFFROV AL OF MINUTES A. August 10, 1998 Regular Council Meeting Mr. Fritsinger requested a correction on Page 7, third paragraph, to indicate: "Councilmember Keirn announced that she would not be able to attend the August 17th Worksession or the August 19th Joint Worksession with Shoreview and North Oaks." Councilmember Malone requested a correction on Page 7, seventh paragraph, replace "water tower" with "Vau\)han tower." MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve the August 10, 1998, Regular Council Meeting minutes as corrected. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 5 . B. August 17, 1998 Council Worksession MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve the August 17, 1998 Council Worksession meeting minutes as presented. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Resolution #98-57, Revoking the Special Use Permit for 1200 and 1210 West County Road E C. Probationary Appointment, Department Secretary, Susan Holmes D. Purchase ofToro Grounds Master E. Authorization to Seek Bids on Demolition of 1450 West Highway 96 MOTION: Councilmember Malone moved and Councilmember Keim seconded a motion to approve the Consent Calendar as listed above 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. There were no public comments. UNFINISHED AND NEW BUSINESS A. Planning Cases 2. Casc #98-20, Dan and Stacy Kubat, Variances, 3459 Lake Johanna Boulevard Mr. Kevin Ringwald, Assistant to the City Administrator, reviewed the location of the property under consideration and explained that the applicant's lot is substantially smaller than the neighboring properties. The applicant is requesting approval of a rear yard setback variance (24 feet proposed, when 30 feet is required) and a side yard setback variance (five feet proposed, when eight feet is required) for an attached garage/house addition on a single family lot zoned R- 2. He noted the narrow width of the subject property and explained that with standard setbacks, development on this lot would be difficult. Mr. Ringwald presented building elevations and noted the hallway through the main portion of the house so the addition cannot be pulled farther to the south. The applicant has reduced the proposed bedroom and two-car garage to minimum size. Mr. Ringwald advised that the Planning Commission recommends approval. Mayor Probst inquired whether the garage is being located farther back. Mr. Ringwald stated it aligns with the neighboring garages in location as well as size. It was noted the overall width of . the lot is 50 feet. . . . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 6 Mr. Dan Kubat, 3459 Lake Johanna Boulevard, applicant, explained he would have to rebuild the garage because it will be attached to the addition and it currently does not have any frost footings. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve Planning Case #98-20, Dan and Stacy Kubat, 3459 Lake Johanna Boulevard, rear yard setback variance for the attached garage addition (24 feet proposed when 30 feet is required) based on the "Findings-Rear Yard Setback Variance (attached garage/house addition)" section of the staff report dated July I, 1998 and the side yard setback variance for the attached garage addition (five feet proposed when seven feet is required) based on the "Findings- Side Yard Setback Variance (attached garage/house addition)" section of the staff report dated July I, 1998, subject to compliance with the plans and specifications as shown on Exhibit A of the staff report dated August 5, 1998. The motion carried unanimously (5-0). PUBLIC HEARING A. B. Ordinance #309, Lake Josephine Lake Josephine, Joint Powers Agreement Mayor Probst opened the public hearing at 7:30 p.m. Mr. Fritsinger advised notice of public hearing was published in the Bulletin. Mr. Dwayne Stafford, Public Works Director, eXplained at the July 13, 1998 meeting, the Council approved staff s recommendation to hold a public hearing on the water surface use of Lake Josephine. Notice of the hearing was published at the public landing of Lake Josephine as well as mailed to residents on the Arden Hills side of the lake and officers of the Lake Josephine Improvement Association. The City of Arden Hills has an ordinance pertaining to Lake Johanna but no ordinance specific to Lake Josephine. The State has generic laws that apply to all State waters. Roseville held a public hearing on this matter on August 10, 1998, and unanimously supported the proposed ordinance and joint powers agreement. Mr. Stafford reviewed the regulations including the restrictions on speed, no wake, traveling in counter-clockwise direction, maintaining safe distance from other docks, and enforcement by the Ranlsey County Sheriffs Department. I-Ie explained that the joint powers agreement says both cities have decided to adopt joint regulations, and each city will notify their residents and the Sheriff s Department to enforce the ordinance and will not change the ordinance without notifying the other. Mr. Stafford stated if this is approved by Council, staff will forward a copy to the DNR. Upon DNR approval, copies of the Ordinance will be sent to residents of the lake, posted at the boat landing, and published it in the official newspaper with the effective date being the day after publication. Mr. Stafford stated staff recommends the adoption of Ordinance #309 and approval of the joint powers agreement. . e . ARDEN HILLS CITY COUNCIL - AUGUST 3 I, 1998 7 Councilmember Aplikowski asked why the DNR does not approve it prior to the City's approval. Mr. Stafford explained the City of Roseville sent the ordinance and joint powers agreement to the DNR who indicated it would be fine but they needed Council consideration before they would formally act on it. Councilmember Malone asked about the cost for placing markers and enforcement. ML Fritsinger stated the current ordinance addressing Lake Johanna does indicate there are markers on the lake, but the City has never placed markers on this lake. ML Stafford explained the City would share any costs with the City of Roseville, Coullcilmember Larson asked about the distance limitation for locating swimming rafts off shore. Mr. Thomas Lynch, 3220 N. Hamline Avenue, advised that a permit is needed from the Sheriff Water Patrol and the only requirement is that it not interfere with navigation. Councilmember Keirn reviewed paragraph #5 of the joint powers agreement and asked if this involves one or both cities. ML Fritsinger advised it needs to be both cities and staff will contact the City of Roseville and the attorneys to make that revision. Mr. Lynch stated he is also Co-chairman, with ML Emil Kucera, of the Lake Improvement Association. He stated the joint powers agreement has been worked on for almost one and one- half years but without the cooperation of both cities, it does not work. He recommended the Council approve the joint powers agreement so it can be enforced by the Sheriff s Department. He advised that they did meet with representatives of the Sheriff s Department so they are aware of what needs to be enforced. There being no further input, Mayor Probst closed the public hearing at 7:40 p.m. Mayor Probst stated he believes this is a reasonable regulation and noted that the regulations on Lake Johanna are more strict. He noted that the City of Rose vi lie also supports this regulation. MOTION: Councilmember Aplikowski moved and Council member Keirn seconded a motion to adopt Ordinance #309, Regulating Motorboats on Lake Josephine. The motion carried unanimously (5-0). MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to approve the Lake Josephine Water Surface Use Joint Powers Agreement. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS - continued A. Planning Cases 1. Case #98-09, City of Arden Hills, Site Plan, 1245 Highway 96 Mr. Ringwald explained the City is requesting approval of a Special Use Permit (SUP) to facilitate the construction of an approximately 15,102 square foot City Hall at the southeast . . . ARDEN HILLS CITY COUNCIL - AUGUST 31. i998 8 corner of Sunfish Lake on the Twin Cities Army Ammunition Plant (TCAAP) on a 2.4 acre parcel zoned R-l. He presented a site plan of the property and reviewed the setbacks and points of access. Mr. Ringwald explained the site plan contains visitor parking, employee parking, and the walkout building tucked into the hillside toward the lake. He presented exterior building elevations and advised that the issue of reducing the amount ofrequired site grading has been discussed and modified. Also, the roof drains will go toward Highway 96 but the drainage from the remainder of the site will be directed to the northeast corner to recharge the wetland. Mr. Ringwald stated the grading has been reduced substantially as well as the amount of revegetation required on the site. He then reviewed the lighting plan which includes minimal securing lighting via low shielded lighting structures which are directed downward. Mr. Ringwald advised that the architect is in attendance to present more detailed colored plans. He noted the large roof structure angled at the entryway which is being researched to assure there are adequate roof drains so it is not a problem with drainage or icing of the walkway. Mr. Ringwald advised that the Planning Commission recommends approval with ten conditions. Mayor Probst asked ifthere is an interest in an entrance that is more prominent than first proposed. Peter VesterhoIt, Architectural Alliance, explained the drawings viewed by the Planning Commission were frontal views so it was difficult to determine how the entryway would work. He noted the three-dimensional model of the City Hall and stated he feels comfortable that the building is designed as a low-key expression. He noted the focal of the Council Chamber's tower and entranceway which will draw pedestrians to that location. Mayor Probst asked if the canopy could be widened to make it more prominent. Mr. Vesterholt stated that could certainly be done. Ms. Jean Sterner, Architectural Alliance, stated as you approach the building from the visitor's parking area, there is a more important perspective from that angle. She presented a sketch of the building elevation from that view which creates an entry place together with the canopy and walkway. Councilmember Malone asked what type of building materials will be used. Mr. Vesterholt stated the canopy and columns will be of steel and the screening wall will be of stone. Councilmember Malone asked if the canopy will be tilted. Mr. Vesterholt stated it will not. Mayor Probst raised the issue of protection from wind and weather and asked if the canopy should be lowered or widened somewhat. Mr. Vesterholt stated this could be done. He addressed the issue of the roof drainage and explained water and snow will not sheet off the roofline and will be directed by a trough through a roof drain system. Councilmember Malone noted that most of the roof area drains toward the side, not the canopy. Mr. Vesterholt explained the water will be collected via a hidden internal gutter which cannot be viewed from the ground. ARDEN HILLS CITY COUNCIL - AUGUST 31. i998 9 . Councilmember Malone asked if there is a provision for an emergency overflow. Mr. Vesterholt stated there will be, as required by the Code. Councilmember Larson asked if the sidewalk extends toward the north of the canopy. Ms. Sterner stated the sidewalk from the parking lot will connect to the entryway sidewalk and it could be minimized by incorporating grass. Councilmember Aplikowski requested a general overview of the plan and building interior. Ms. Sterner explained the modifications made since the last time thc plan was presented to add more grass area around the building and patio area. Mr. Vesterholt advised that very few existing trees would be lost. Ms. Sterner presented the interior building plan, noting the Council Chambers and lobby face the lake view. She pointed out the location of the fireplace and adjacent reception area to the City offices. Ms. Sterner then presented the upper level area containing four additional closed City staff offices, community room, and storage. Mayor Probst asked if an additional staircase is included. Mr. Fritsinger explained there does not appear to be a feasible way to place an additional staircase since it takes up too much interior space if located in the middle, or would have to be placed toward the outside as a Fire Code stair case. . Councilmember Larson asked if the stairwell must be enclosed for Fire protection. Mr. Vesterholt stated since three floors are being connected, it must be an enclosed wall. Councilmember Larson asked if a glass wall could be used for separation to create more of an open area. Mr. Vesterholt suggested he study whether the Fire Code would allow that option. Mr. Fritsinger asked the Council to consider the issue related to NSP overhead lines. Currently there is an underground line on TCAAP which is in need of replacement. After meeting with NSP, the company has elected to look at an overhead line along the north side of Highway 96, the west side of Lexington Avenue, and then along County Road I. He asked if the Council believes there will be a significant impact with an overhead line or if staff should discuss the option of underground, possibly at the City's cost. Councilmember Aplikowski stated she thought that NSP had to do as the customer requests. Mr. Fritsinger stated they will, at the City's cost, which is estimated at $40,000 to $60,000. It was noted that NSP believes underground utilities cost more in maintenance. Mayor Probst stated he understands staff has expended a lot of time and ellort to work with NSP, but he does not believe NSP will in-kind this additional cost. He stated he believes an overhead line is inappropriate and the City should continue to investigate undergrounding these lines. . Councilmember Malone stated this is high voltage transmission lines which they do not like to place underground. Mr. Ringwald stated this is correct and involves distribution lines. Councilmember Malone noted this type of line would be at a higher elevation. Mr. Ringwald stated one alternate that exists would be to duplicate the south side of Highway 96, but NSP indicated they don't like to do that and would prefer keeping the lines separated. ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 10 . Councilmember Malone noted another alignment would be to go diagonally behind the City Hall. Mr. Ringwald advised that the National Guard will not allow overhead lines through their site. Councilmember Keirn asked if the City has the ability to say "no" to an overhead line. Councilmember Larson asked if the City knows NSP will replace it with the same capacity line. Mr. Ringwald stated it is staffs understanding that they plan to replace it with exactly the same capacity, but with a new line. Councilmember Aplikowski stated you wouldn't think the City Hall would need that much capacity. Mr. Ringwald explained the capacity is being provided to the distribution center to serve the houses north and east of the arsenal in Shoreview. Mayor Probst asked the Council if they are comfortable with the requested SUP. MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to approve Planning Case #98-09, Special Use Permit, for a 15,102 square foot City Hall at the southeast corner of Sunfish Lake on the TCAAP 2.4 acre parcel, subject to the following conditions: . I. 2. 3. 4. 5. 6. 7. 8. 9. 10. If the City Hall construction precedes the reconstruction of Highway 96, the City will coordinate with Ramsey County for the provision of a temporary median cut; Reorganize the employee parking area to minimize conflicts; The smallest amount of bare ground is exposed for as short a time as feasible; Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is established; Methods to prevent erosion and trap sediments are employed; Fill is stabilized to accepted engineering standards, approved by the City Engineer; Approval of the grading, sedimentation, and erosion control plan by the RCWD; Modification of the landscape plan such that the appropriate number of caliper inches has been provided in the 4.5 inch to 5 inch range; Compliance with the Sign Ordinance; and That the entrance way detailing be studied to assure adequate protection for ice and water runoff from the roof. The motion carried unanimously (5-0). . a. Authorize Preparation of Construction Plans Mr. Fritsinger explained that the Council is asked to provide direction related to the preparation of construction plans for the new City Hall project. He noted the Council began this process in 1996 and the program used was based on the space needs study from 1991 and 1992 slating an . e . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 11 approximate 10,000 square foot facility for $1.7 to $1.8 million. The old space needs study was reviewed and the conclusion of that process ended in a space needs study of 16,000 square feet. In March of 1998, the Council talked about potential changes to the 16,000 square foot proposal based on discussions from their retreat, which resulted in a downsizing to approximately 15,000 square feet. The estimated costs for building construction presented in March was approximately $2.1 million. Mr. Fritsinger explained that the cost, at this point in time, has not changed to a great extent but he wants to make sure the Council is clear that the $1.7 million included the furniture and cable systems but the $2.1 million figure does not include those costs. Using the estimates provided, the total estimated project cost is $2.7 to $2.8 million, plus fees. Mr. Fritsinger explained that some of the changes have removed some ofthe potential bid alternate issues, but the budget is effected by the significant increase in the building size (60% increase in the footprint from what was proposed in 1992). Other issues related to the stonelbrick treatments and a building design which better fits the site. He stated he wants to ensure the Council understands the full costs before proceedings. If the project proceeds, staff recommends the construction documents be prepared in early November, bid opening in December, and intent that construction would begin Spring 1999. Mr. Fritsinger stated one of the big components is the ability to obtain a lease from the National Guard and negotiations on that lease agreement will begin in several weeks. Mr. Fritsinger stated the issue of the process outlined for the Council, relatcd to TCAAP Phase II planning process, also may need to be discussed to provide a better understanding ofthe potential of the property to be released soon and what issues fall into the implementation of the reuse plans. He stated one of the potential outcomes would be that the long term benefit of TCAAP to the City is not as significant as expected today and a decision may be made to "cut our losses" and do something different. Mr. Fritsinger stated it raises the issue of impact on the location of the City Hall. He asked if the Council remains comfortable with this being the best site for City Hall. Mr. Fritsinger stated his memorandum outlines the timing issues and how that fits into the current City Hall three-year lease. He eXplained that this will fit into the schedule being presented tonight to proceed with construction in the Spring of 1999. Mr. Fritsinger stated that over the last two years a lot of work has taken place on this program from the design aspect to assure it fits the community. Mr. Fritsinger explained that the Council is asked to authorize the architect to proceed with the preparation of construction plans and that the Council would further direct the City Administrator to negotiate fees with Architectural Alliance as a result of changes in the scope of the project. Councilmember Keirn stated that ever since she started serving on the Council the issue of the City Hall site has been debated and it was determined this is the most acccptable site in the City. She stated she does not want to go back to "square one" and start analyzing other locations. Councilmember Kcim stated this is still a good location, across the street from the previous City Hall location, and she does not foresee why that would be a negative. She supported moving forward with construction plans and noted that negotiating the lease is a good indication it will happen. , . t ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 12 Councilmember Aplikowski stated that until she sees the signed lease agreement, she will not vote to move forward. She stated sometimes it takes two to three years to negotiate a lease and the City has already been waiting for three years for this lease. She stated she understands there is a time schedule but if the negotiations are to occur shortly, it may happen. Councilmember Aplikowski stated she thought the Council made the commitment to want TCAAP and be in control and she supports that with the City Hall being located there. But, if the City does not want TCAAP then she will not vote to proceed with anything tonight. Councilmember Larson asked what is involved if the Council does not authorize preparation of construction plans and the resulting delay that could occur. Mr. Vesterholt estimated two to thrce months to complete constmction documents. Councilmember Larson asked about the costs for completing construction plans. Mr. Vesterholt stated to-date the effort put forth equals 35% ofthe total fee and the construction documents are 40% of the total fee. Councilmember Larson stated he is also inclined to delay preparation ofthc construction drawings until it is assured the lease will be obtained. He noted it may only be a three month delay which is not significant. Mr. Vesterholt explained it is also an issue of timing because bids should be taken from now to early next year while it is the slow time of year for contractors and a good time for a competitive bid. Ifbids are received in the Spring, historically, there is more activity and less competitive bids. Councilmember Larson asked what percentage of increase would be experienced. Mr. Vesterholt stated this is only theory and depends a lot on how busy the contractors are. Mayor Probst agreed the most competitive bidding occurs when contractors are not busy and he believes the schedule proposed is the most optimal. He noted it takes three months to prepare construction plans, then the bid process occurs. It would take about six months to complete that process which would result in a Spring construction. Councilmember Aplikowski stated if negotiations occur on September 14th, the Council would know about the outcome of those negotiations by the next Council meeting and that would still allow a decent time frame. Mayor Probst asked if the City has a current cost estimate of the building as being proposed. He expressed concern that the dollars have moved up disproportionately based on the increase in square footage. Mr. Vesterholt stated he does not have a currcnt estimate because they have been waiting to secure Rice Creek Watershed approval for site work and the architectural team has been investing time to get the proj ect to this point. He stated the mechanical systems have been significantly simplified and more dollars added to the landscape budget. He agreed with the need for a cost estimate once the documents are more accurate. Mayor Probst stated that the Council has had many discussions about the appropriate location, timing, and inability to conclude the land transfer and lease at tllis site which has been very . ~ . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 13 frustrating. He stated the National Guard is sending its attorneys out to negotiate the terms of a lease agreement is a significant indication. He stated this decision can be delayed but the commitment to move down this path is such that he is prepared to move the documentation to the next step. He stated he is concerned about the need to update the documents and cost estimates. Mayor Probst stated there have been several recent discussions about whether the City should walk away from the TCAAP effort but the intention of the discussion was not to go down a path of walking away from that site but to determine options. He noted that to locate the City Hall on this site would not preclude those options. Also, the City has not been successful in finding another location in the heart of Arden Hills that is acceptable. Thc other option is to build on the old City Hall site but he does not see an advantage in that location over the TCAAP site. Mayor Probst noted it was also discussed to locate a public works building on this site and the National Guard has indicated that will be a much easier process. He stated there may not be additional information in two weeks except for a staff update on their discussion with the National Guard on the lease and he is ready to proceed with this process. Council member Malone stated he is also concerned about the cost and amount of increase. He statcd if there is anything that would cause him to back off this project, it would be the cost. Councilmember Malone stated the old City Hall site was purchased under duress and is too narrow to site a City Hall. He noted the land is also marketable and the opportunity with the Arsenal property is that it is free. Councilmember Malone stated he is also encouraged about the pending negotiations with the National Guard attorneys which indicates they were serious all along. However, the question remains ifthe Council should proceed with construction plans. Councilmember Malone stated he leans toward moving forward with preparation of the building plans due to the timing issues involved. In response to Councilmember Aplikowski's comments, Councilmember Malone stated that he would like an indication of where it has taken two and onc-half years to negotiate a lease and pointed out the lease for the current City Hall space took only three weeks. Councilmember Malone asked that another alternate be presented. He agreed with Council member Keirn that this location makes the most sense for the City and he concurs with proceeding with construction plans. Councilmember Larson asked what the construction plans will cost. Mr. Vestcrholt stated it would be approximately $40,000. Councilmember Malone asked if the City would just pay for the work done to that point if it is determined a lease arrangement cannot be made. Mr. Vesterholt stated this is correct. Councilmember Larson stated he is enthusiastic about the site and plan for the City Hall but he remains concerned about the amount of money spent when there is uncertainty about the lease. MOTION: Councilmember Keirn moved and Councilmember Malone seconded a motion to authorize the architect to proceed with the preparation of construction plans and that the Council further directs the City Administrator to negotiate fees with Architectural Alliance as a result of changes in the scope of the project. The motion carried (4-1 Councilmember Aplikowski). . . . ARDEN HILLS CITY COUNCIL - AUGUST 3 L 1998 14 Mayor Probst suggested the NSP issue be discussed at the upcoming Council Worksession. Mr. Ringwald advised that NSP already has a Ramsey County permit and would like to proceed with construction this year. He stated that he is unsure if the Army Reserve is aware of the plans. Mr. Fritsinger statcd the Arsenal and Mr. Fix are aware ofNSP's plans. Mayor Probst notcd the City of Shoreview spent a lot of money to avoid overhead lines along Highway 96. He suggested NSP be invited to a Council meeting to advise of their reasoning and options they have investigated. Mr. Fritsinger suggested they be placed on the September 14, 1998 meeting agenda. Councilmember Malone again offered the alternative to place the power line behind the City Hall site. Mayor Probst asked staff to seek the logic of the Ramsey County Public Works which was made without Council input. 3. Case #98-21, Ramsey County, Site Plan, Tony Schmidt Park Mr. Ringwald explained that the applicant requests concept approval of a site plan for planned upgrades (Phase I) to Tony Schmidt Park which is similar to the previously considered plan. He explained the phases of construction and what is included in Phase I. He advised they will be reconstructing the parking area in the beach area, reconstructing and separating the east parking lot/boat ramp area, stabilizing of the shoreline in that area, connecting the area across from the north access area, planting substantial landscaping along the east property line (meeting the 75 foot setback from the residential property line), and plantings along Lake Johmma Boulevard with a median break for the pedestrian way which connects the two areas. Mr. Ringwald noted the play structures and improvements to the beach house are not included in Phase I. Mr. Ringwald reviewed the discussion of how to utilize off-street parking and pointed out the grass area to accommodate overt10w vehicle parking. He then reviewed the area to the north of Lake Johanna Boulevard which includes parking, a play structure, picnic area, and trail system. He advised the area is heavily vegetated and some vegetation will be removed to open it up somewhat. Mr. Ringwald advised that the request also includes parking lot setback variances for right -of- way (15 feet proposed, when 20 feet is required) and Lake Johanna (20 feet proposed, when 50 feet minimum is required). He advised that the parking lot in the beach area has been pulled as close to the existing oaks as possible and it is felt that the parking/boat launch area is becoming more conforming than currently exists The Planning Commission recommends approval subject to seven conditions. Mr. Bill Sanders, Ramsey County Planning Consultant, advised that the current concrete and riprap will be removed and grades lowered to provide a softer edge along the shoreline and allow boats to come up on shore. The boat ramp will also be shifted over. He advised there are 45 . - . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 is vehicle parking spaces, 20 boat parking spaces, and 91 spaces serving the beach. He stated this will improve the existing situation. Mr. Sanders then reviewed the park area to the north side, noting the small wetland which will be crossed and mediated in another area. He advised of the landscaping proposed and the 80 parking spaces that will be provided along with access to the drop off area and future picnic areas which contain handicapped parking spaces. Mr. Sanders stated the trail will be relocated away from the wctland areas in several locations. Mr. Sanders stated the first phase is funded under the Ramsey County Capital Improvement Plan (CIP) and they are working to continue with the second phase which includes the shelters and play apparatus. He stated that he is hopeful to get the main building components funded this Fall. Mayor Probst asked if Phase I will be constructed this year. Mr. Grcg Mack, Ramsey County Parks and Recreation Director, stated they will probably bid this work in late December or January. He explained their crews will do some clearing of vegetation this Fall to get ready for construction. Mr. Mack explained ifthey did start construction this Fall, the project will probably not be able to be completed prior to winter weather. Mayor Probst asked if Phase I and Phase II can be completed next year. Mr. Mack explained the buildings have not yet been designed and they hope to engage an architect when they get a "reading" from the County Board in December after they adopt their CIP. He stated that it is possible and they desire to put all of the architectural elements together and then move ahead with construction of those elements that are approved. He stated that they may need to advance some funds to do that. Mayor Probst noted thc parking is mostly in areas that are already hard surfaced. Mr. Mack stated this is true except with thc cntryway to the north. Mayor Probst stated he supports the plans that have been presentcd and hopes thc boat landing rcmains opcn during construction. Councilmember Keirn askcd what kind of lighting is proposcd on thc north side. Mr. Mack advised that the lighting is associatcd with the buildings and it is not proposed to light the entire park area. Councilmember Keirn statcd there have been problems with the parking area to the north and she supports some type of lighting of that parking lot. Mr. Mack stated they do not plan to light the parking area, per Ramscy County policy. He noted that lighting sometimes encourages use at night. Councilmember Keirn asked if a gate can be considered so the area cannot be accessed at night. Mr. Mack stated that is an option and the gate could allow access to the Shcriff s Department so the arca can be patrolled. Councilmember Malone stated he is pleased with the gcneral tenor of the plan and believes it will be positive. However, he is concerned about the crossing of Lake Johanna Boulevard to the park area on the north side. He stated that he is concerned that the lanes are 12 feet widc through this "pinch point." Councilmember Malone supported a wider drive lane by several fcct each way. , . ~ ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 16 He noted that the Fire Department uses this route to access services to much of the City and the drawing appears to indicate it is only 12 feet wide. Mr. Larry Holmgren, Ramsey County Parks Department, stated they met with traffic engineers and the travel lanes will be the same width as they are now with a typical taper to widen it out to the new five-foot median. Councilmember Larson stated he served on the Task Force to design this park and supports its advancement. He commended Ramsey County for their involvement of citizens into the process which worked very well. He stated this design speaks very well for that involvement. Councilmember Larson stated there was talk of having the dock at the boat landing area, similar to the dock at Snail Lake. Mr. Sanders stated the fishing pier was discussed and it is included in the plans. Mr. Holmgren explained the fishing pier is not identified in this plan since the County will purchase that separately. Councilmember Larson noted the Council had proposed pavement of the trail on the north side of Lake Johanna Boulevard but it appears that is not included in this plan. Mr. Mack explained several trail elements are not included in this phase. He stated they have not investigated that further but it may be possible if proper mitigation can be accomplished. Hc advised the main north/south connection under the railroad tracks is also not included but will be in a subsequent phase. Councilmember Larson asked about the likelihood of the architectural designs and buildings being completed next year. Mr. Mack stated ifthere is an appropriation offunding for the entire architectural package, then they could look to the finance people to advance the funding in anticipation of the bonds. Mr. Mack explained this has been done in the past and is something that is not out of character but will depend on the level of funding. He reviewed the facility components that will be included and advised that once an appropriation is made they will better know what can be accomplished. Councilmember Larson stated one of the nice things about construction this Fall is that it did not impede use ofthe park. He asked how much construction in the Spring would impact use ofthe park. Mr. Mack advised that Spring construction will impact some of the use of the park but they do not believe this timing will impact the use any more than a Fall construction start. Mr. Mack advised that the County has shut down park use with other projects and they will provide as much advanced notice as possible about when the boat launch cannot be accessed. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve Planning Case #98-21, Tony Schmidt Park site plan (Phase I construction), including parking lot setback variances for right-of-way (15 feet proposed when 20 feet is required) and Lake Johanna (20 feet proposed when 50 feet minimum is required) based on the "Findings-Parking Lot Setback Variances (Right-of-Way and Lake Johanna)" section of the staffreport dated July 1, 1998, and subject to the following conditions: ARDENHTT,LS CITY COlJNClL - AUGUST 11 199R . 1. 2. 3. 4. 5. 6. 17 Approval of the grading, drainage, and erosion control plans by the Rice Creek Watershed District; The smallest amount of bare ground is exposed for as short a time as feasible; Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is established; Methods to prevent erosion and trap sediments are employed; Fill is stabilized to accepted engineering standards, approved by the City Engineer; Approval of the necessary wetland impact pennits from the Rice Creek Watershed District, Minnesota Department of Natural Resources, and the US. Army Corps of Engineers; and 7. Compliance with Section VI, E, 3 of the Zoning Ordinance (Lighting) is required. The motion carried unanimously (5-0). Mayor Probst asked where the next phase is on the priority list. Mr. Mack stated that information has not come back to them but he felt the CIP Advisory Group had a favorable view of this project and they seemed interested that it is borne out of community interest. He advised that the County typically has $2 million for these types of projects so the full $800,000 would equal one- third of the available funds. He indicted that may not be reasonable to expect. . 4. Case #98-17, John McClung, Minor Subdivision, 4326 North Snelling Avenue Mr. Ringwald explained that the applicant is requesting approval of a three lot minor subdivision. The applicant proposes to divide Outlot A, McClung First Addition, into three parcels. Proposed Parcel C contains the existing home of the applicant. The applicant is also requesting approval of variances for the lot area (195 square feet) and for the lot depth (8.38 feet) on proposed Parcel B and a vacation of part of a utility easement. He noted the alignment of the lot lines which minimizes the variance request and advised that the Planning Commission postponed action on this request until a wetland delineation was completed. He advised that the elevation of 915.6 was agreed to by the applicant's engineer and the City Engineer. Me. Ringwald explained that the Community Development Director is recommending that the park dedication fee be required prior to the recording of the documents. The lowest floor elevation of Parcels A and B are to be two feet above (917.6) to provide security should the pond reach the 100-year elevation. Mr. Rinf,'wald noted the legal description for the easement line to assure that the public water is stored within the public easement. He pointed out the additional wedge easement to accommodate the 100-year elevation and advised that the City Attorney recommends the easement be recorded prior to the minor subdivision to assure accuracy of the legal description. Mr. Ringwald stated the area of the drainage easement impact to Tract B in terms of the building pad and the ability to move the storage area will decease over time as more property owners are involved. Staff recommends that area be relocated to a southern location which would not impact the buildable area and allow a more useable back yard. Staff also . . , . ARDEN HILLS CITY COUNCIL - AUGUST 3 L 1998 18 believes this is in the best interest of the future owners since they would not need to resolve this issue after purchase. Mr. Ringwald explained that currently the existing easement along the alignment of the pond does not contain the i DO-year elevation of the pond. However, one area that the City has an easement on does not flood. Therefore, the City should obtain an easement of the areas that do flood. Staff recommends getting rid of the easement that does not flood and then removing the triangular easement from Parcel B and relocate it southwesterly which is an area that does flood. John McClung, applicant, stated he met with stafImembers and thought they had reached an agreement about removing dirt from one area and the issue offill to another area is new to him. He stated that the easement line on Parcel B comes to a point very close to the building pad. He explained that he has a buyer for this site and they drew out a building plan which would not impact the easement location. Mr. McClung stated he does not believe the easement line is in a bad location based on their drawing. I-Ie advised he did ask about filling that easement area without creating a compensatory area and explained that it would only add an extra one-third of an inch of water. He stated it appears he is being asked to go to a fair amount of work to fill one area and dig in another to save one-third of an inch of water. Mr. McClung asked why the easement is not made 3/1 Oths of an inch larger (916.3 elevation) to allow the area to be filled without requiring the cut. Mr. McClung stated he wants to avoid making the cut due to the expense and slopes it would create. He asked if the overall easement elevation can be increased instead. Mr. Greg Brown, City Engineer, clarified it would be 1/I00th of a foot, not 3/1 Oths of an inch. Mr. McClung stated he would prefer to increase the overall easement elevation to 916.3. Also, filling the easement would require permission from the Rice Creek Watershed District which is an additional cost. Mr. Brown stated that from and engineering standpoint it would not matter if the area is filled since the pond will rise to a certain level. He stated that if increasing the elevation is acceptable to the applicant, it would be all right with him. Mr. Ringwald stated that he will defer to the City Engineer. Mr. McClung stated he understands that a walkout design level would have to be at that elevation but a full or half basement (not walkout) could be below the I DO-year flood elevation. The City Engineer stated he would not support that since ground water would impact that type of basement. Mr. McClung stated he researched this issue and found that in the last 20 years there was one 24 hour period that received a I DO-year storm. Mayor Probst commented on the need to assure an understanding and avoid problems with subsequent owners. Mr. Ringwald stated the intent is to obtain adequate storage and make Parcel B more desirable. ~ . ~ ARDEN HILLS CITY COUNCIL - AUGUST 31, 1998 19 Councilmember Malone commented on the importance of an understanding to assure the new homeowner does not change elevations that creates problems which ends up costing tax dollars to resolve. He supported fixing these issues now to assure there are no problems in the future. Mr. McClung statcd if the easement line is left as it is, the homeowner could fill up to that line, with permission from the Rice Creek Watershcd District. He stated if the elevation can be raised to 916.3, he could avoid having to make the cut. Councilmember Malone inquired regarding the elevation of Mr. Pignatello's (1556 McClung Drive) basement. Mr. McClung stated the elevation is 919 so there should not be a problem with floodiug. Mayor Probst asked if a new legal description would be needed. Mr. Ringwald stated that is correct and could be a condition of approval with staff reviewal. Councilmember Malone asked if this places the future buyer in a situation with regard to needing a permit from the Rice Creek Watershed District. Mr. Ringwald explained the property owner can till up to 400 square feet per year through an administrative permit from the Rice Creek Watershed District. He stated he would like to see this occur now to the maximum buildability cxtent possible. Mr. McClung asked ifhe should apply to the Rice Creek Watcrshed District to fill 400 square feet. Mr. Ringwald stated he believes this would be appropriate. Mayor Probst suggested that fill calculation be subject to review by the City Engineer. MOTION: Councilmember Larson moved and Councilmember Malone seconded a motion to approve Planning Case #98-17, Minor Subdivision of Outlot A, McClung First Addition, easement vacation and variances (lot depth and area) on Parcel B based on the Findings - Lot Depth Variance (Parcel B) and Findings - Lot Area Variance (Parcel B) sections of the staff report dated July I, 1998, subject to the following conditions: I. Payment of appropriate park dedication fee prior to recording of subdivision; Provision of calculations, in a form acceptable to the City Engineer, determining the appropriate size of the replacement area for the easement area which is to be vacated; Provision of drainage and utility easement in a form acceptable to the City Attorney prior to consideration of this request by the City Council; Informing the buyer(s) of Parcel A and B, by thc applicant, of the restrictions imposed by the drainage easemcnt in potential building expansion or deck construction; Recording the subdivision in the form of a Registered Land Survey; Provision of the necessary drainage and utility easements along the property lincs, as required by the City Code, in a form acceptable for filing with Ramsey County; 2. 3. 4. 5. 6. . ~ . ARDEN HILLS CITY COUNCIL -AUGUST 3i, 1998 20 7. 8. Maintaining a low 1100r elevation 917.3; Recording drainage easement in a form acceptable to City Attorney prior to recording minor subdivision; Drainage utility easement being reduced by the owner with fill to exiting drainage easement prior to issuing building permits on Parcels A, B, or C; and All work be subject to approval by the City Engineer. 9. iO. Mr. McClung stated he knew he would be asked to pay a park dedication on the two newly created lots but was surprised he is being required to pay a park dedication on the existing home parcel. Mayor Probst stated he is hard pressed to believe the parcels are not worth more in value than indicated in the memorandum. Mr. McClung stated he was offered $200,000 on the unsubdivided property. Councilmember Malone asked about the requirement for park dedication on the existing lot. Mr. Ringwald explained the original parcel was actually an outlot and specifically excluded from the park dedication calculations for McClung Addition. The motion carried unanimously (5-0). Mr. McClung asked if the Council would like the easement to be dedicated to the City, not as park dedication. He explained that this property is useless for development since it is open water, has a walking trail along the westerly side, and contains a higher area that could be used as an area to explore/observe. Councilmember Malone noted that dedicating that portion would require another lot division which would not be allowed since it is not a buildable lot. Mr. Ringwald explained it would have to become an outlot, not a lot of record. Mr. McClung stated he may pursue that issue in the future. B. Resolution #98-56, Authorizing a Feasibility Report in the MaUer of the 1999 Street Improvement Project D. Round Lake Road, Feasibility Report Review Mr. Stafford explained that Agenda Items 8B and 8D relate to each other and requested the Council's permission to address both at the same time. Mayor Probst agreed to this agenda modification. Mr. Stafford explained that the City will be reconstructing West Round Lake Road in 1999 which may use all, or most, of the monies appropriated for street improvements in 1999. As a result, staff recommends that a feasibility report for any additional work include only necessary seal coating and a study on the necessary steps to complete the reconstruction of two streets which were recommended for improvement in the 1997 and 1998 feasibility report. Those two streets are North Snelling Avenue from Arden Place to the cul-de-sac where it appears a portion . . . ARDEN HILLS CITY COUNCIL - AUGUST 3 L 1998 21 of the street was constructed outside of the right-of-way by as much as 60 feet and North Hamline Avenue from County Road E North to the dead end. Mr. Stafford advised that this street may need additional right-of-way to accommodate existing fire hydrants and an acceptable turn around on the north end. Staff believes these issues should be resolved so they can be addressed when funds come available. Mr. Stafford explained that staff recommends adoption of Resolution #98-56 which authorizes the City Engineer to prepare a feasibility report tor the 1999 Street Improvement Program. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-56 Authorizing a Feasibility Report in the Matter of the 1999 Street Improvement Project. The motion carried unanimously (5-0). MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to direct the City Engineer to review and verify cost estimate and options provided in the May 1997 feasibility study relating to Round Lake Road. The motion carried unanimously (5-0). C. Change Order #3, Fourteenth Street, Lametti & Sons Mr. Brown explained that Change Order #3 addresses work items associated with the incorporation of a modular block retaining wall along the northern boulevard of Gateway Court. Mr. Brown stated they have reviewed the unit prices negotiated with the contractor for this work, determined they are reasonable, and recommends the Council approve Change Order #3. Mr. Brown advised this project is a little under budget but a few issues remain to be resolved. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to approve Change Order #3 in the amount of $29,650 for the Gateway Business District, 14th Street NE project, increasing the contract amount to $954,076.50. The motion carried unanimously (5-0). E. Resolution #98-55, Reapportionment of Special Assessments, Shepley Property Mr. Post explained that as part of the reconstruction of Oak Avenue in 1996, it as determined that the City was required to obtain easement square footage from the property owners at 1550 Oak A venue to accommodate the location of newly constructed roadbed. In April of 1998, the Council adopted Resolution #98-40 which provided the City with the necessary right-of-way for the reconstruction, in exchange for vacating excess right-of-way in this area. Mr. Post explained that the impact of property division #DL 066474 is to create a new parcel with 652 less square feet than the original parcel. Staff recommends the adoption of Resolution #98-55 which reapportions iOO% of the original Oak Avenue assessment from the old PIN to the new PIN. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-55, Relating to Apportionment of Assessments Relating to Improvement No. 96RECON8YR. The motion carried unanimously (5-0). , . t ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 22 Mayor Probst noted the attendance of Steve Nixon and Steve Krueger and asked if they would like to address the Council on an issue not on the agenda. Steve Nixon, property owner of 1369 Forest Lane, asked if the "insanity" of tearing down his house can be stopped. Mayor Probst asked what else Mr. Nixon proposes to do and noted the house needs to be rebuilt. Mr. Nixon stated he has a contractor with him tonight who has said the house can be rebuilt. He advised he is also having a problem with the insurance company which has not yet paid him for the fire. Steve Krueger, friend of Mr. Nixon, stated he has been a carpenter for 26 years and viewed the house on four separate occasions. He asserted there is only minor damage with no damage to the foundation, no rot in the lumber, and the only evidence ofthe fire on the outside view is an 8 foot by 8 foot tarp where the fire went through the roof. He suggested removal of the entire roof, striping the interior of plaster and lath, installing new wiring, plumbing, sheetrock and cabinets, and constructing a new roof. Mr. Krueger eXplained the current roof design creates some water problems so he would suggest a redesign with the front porch tied into the roof. He stated the siding has no damage, looks great from the outside, and is not an eyesore. Mr. Krueger stated the insurance company has agreed to payoff the mortgage and now a mutual friend who works at a mortgage company has volunteered the money for construction materials. They also have journeyman carpenters who are willing to donate their labor until the house is refinanced and he will then get paid. Mr. Nixon stated they can complete this work within 30 to 45 days. Mr. Krueger stated it would be a shame to tear down a solid house and foundation. He asked the Council to consider that Mr. Nixon has been a member of Arden I-Iills for years and is unable to finance it any other way. Mayor Probst stated it is in the City's interest to bring this house up to Code, whether through demolition or reconstruction. He stated the City is satisfied with either option and the issue is how to come to a mutual understanding that the construction will proceed on the schedule Mr. Krueger and Mr. Nixon are suggesting. He stated the concern that lead the City to take action is the inactivity by Mr. Nixon to make repairs. Mr. Fritsinger advised that the City Building Official found a number of health and safety issues related to the home which lead the City to this position along wi th concern related to the specific issue oftime. He noted at one time there was a potential buyer but now it has been several months. The City has allowed as much time as possible for Mr. Nixon to bring the house up to Code. Mr. Fritsinger agreed with Mayor Probst that either option is acceptable to the City but the issue is the timing to bring the house up to Code. ARDEN HILLS CITY COUNCIL - AUGUST 31, 1998 23 . Mr. Fritsinger stated the plans need to be reviewed and approved by the City Building Official and he is unsure whether their description for the home is the same as the description of the home by the City Building Official. Mr. Krueger assured the Council of his experience with reconstruction and ability to bring the house up to Code. Mr. Fritsinger stated the City has been trying to work with Mr. Nixon and from a procedural end the City has the authorizations needed from the court system. At any point, the City can proceed with bids to start demolition. He stated ifthe Council is receptive to Mr. Nixon's request, he would recommend consideration with dates specific. Councilmember Malone reviewed the history ofthis home from the time of the tire, court orders, contacts made with Mr. Nixon, and deadlines for Code compliance. He stated that the City will need a date certain and if that is not met, the City would proceed with demolition. Mr. Krueger stated that he just learned that he can rebuild the home on his own without paying off the mortgage. He advised that the mortgage friend also offcrcd to cover the costs for the back court costs and tines. Mr. Fritsinger stated if the Council considers this he would recommend establishment of two . dates, when the plans would be submitted to the City and the date of completion for the project. Mr. Krueger stated he can draw up the plans in a week and proceed as soon as the permit is approved with completion in 30 days. Mayor Probst suggested submission of plans by September 10, 1998 and completion of all work by October 10, 1998. Mr. Nixon and Mr. Krueger stated their agreement with these dates. Gene Richter stated he is a neighbor of Mr. Nixon who is a good person and also an Eagle Scout. He agreed that this has been a tough situation and reported that he was also interviewed by the Police Department after the fire. Mr. Richter commented on other areas of concern such as the late hour use of the park, lack of attention when a deer was killed on the roadway, need for a traffic signal, and a house that was rented to Bethel College students which resulted in additional traffic. He urged the Council to givc as much consideration to Mr. Nixon as they havc given to others. Mr. Fritsinger explained that thc use of homes for rental property is not against City Ordinances. Mr. Richter stated he thinks the existing City Hall is a beautiful space and questions the need to spend millions of dollars for a new City Hall. He again urged the Council to give Mr. Nixon consideration and alert him if Mr. Nixon does not do what he is suppose to. . Councilmember Aplikowski asked if an additional week may be needed to assure completion. Mr. Krueger stated he is confident that he can complete this work within 30 days of the building permit being issued. . . . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 24 Mayor Probst stated his support to offer this opportunity to the home owner and suggested the dates of September 10 to submit building plans and completion of work by October 15, 1998. Councilmember Malone suggested the second date be established at 30 days from approval of the building plans by the Building Official. Mr. Fritsinger stated ifthe building plans cannot be approved or additional issues are raised, it may require additional Council consideration. Councihnember Keirn suggested staff contact the mortgage friend referred to by Mr. Nixon to assure the financing is in place. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to allow Mr. Nixon to reconstruct his home at 1369 Forest Lane subject to submittal of building plans and application for a building permit by Thursday, September 10, 1998, and completion of the project 30 days after approval of the building plans and that the order for demolition be held off until expiration of that time and if the project is not completed by that date, demolition will proceed. The motion passed unanimously (5-0) ADMINISTRATOR COMMENTS Mr. Fritsinger had nothing new to report. COUNCIL COMMENTS Councilmember Larson advised that there will be a community liaison at Mounds View High School during the entire school day. Councilmember Aplikowski restated her position on the City Hall site, stating she is not against construction of a new City Hall but against locating it on TCAAP ifthe City is going to walk away from it. She stated she thought it was agreed that the City Hall was to be on TCAAP since that was the best location. Councilmember Aplikowski stated that she believes, for $2 million, another location could be found. Because of that, she requested a delay on proceeding with construction plans. Councilmember Keirn stated it is not her opinion that the City would walk away from TCAAP and it was only discussed as an option. Councilmember Keirn stated her disappointment that Ramsey County will not allow the curb to go any farther which creates a water problem on her corner. Mr. Brown stated he believes a compromise can be reached with Ramsey County and explained that the radius needs to allow drainage to the catch basin. He stated they are in discussion with Ramsey County to resolve that Issue. Mayor Probst stated he was interested in the historical information provided to the City by the family of a former resident, and urged this information to be safely stored at City Hall. . , 4t ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 25 Mayor Probst noted the suggestion that Mr. Zehring, the Welsh Companies, may be back and suggested that only happen if he improve things on this own and not seek additional funds. Mr. Fritsinger explained that thc last conversation with Mr. Zehring and his attorney was that the significant issue is the City has withheld the certificate of occupancy until the aesthetic issues comply with what the Council reviewed and approved. The problem from their perspective is that this is an $18 million project slated for closing today and tomorrow and the legal issues of withholding an certificate of occupancy for aesthetic issues is not well received by the attorneys. It was noted that Mr. Ringwald talked with Mr. Zehring and Mr. Hart about how to resolve some of these items. One of the difficult issues is that the fourth building does not match the third building aesthetically. The fourth building is in the process of being sold and will then be privately owned. Because of that the architect made some minor changes, such as having the green strip which is the corporate color. The City, in reviewing the building plans, had requested review of the color schemes. On that issue there was reference in the building plans about the building color and it was thought to be the same color as the building next door and approved under that impression. Mr. Fritsinger reported that discussion occurred about that issue and that this was not "flagged" on the plans to draw attention to it. They agreed to repaint that stripe to match building three and to add a band, and the coping will be investigated to see if it can be painted to match the greens. The replacement of the windows and coping is too expensive. Mr. Fritsinger stated that Mr. Zehring indicated be will provide a response by the end of next month. Councilmember Malone stated that the PMS color system is used by a printer, not a paint manufacturer, and is an invalid argument. Councilmember Larson stated that he remembers a discussion with the Planning Commission about how the building would look and their indicating the buildings would be a mirror image of each other. Mr. Fritsinger explained their argument is that the buildings are still a mirror image and the color difference is insignificant and would not be noticed by anyone. ADJOURN MOTION: Councilmember Keim moved and Councilmember Aplikowski seconded a motion o adjourn the meeting at ] 0:42 p.m. The motion carried unanimously (5-0). Brian Fritsinger City Administrator . ~ . ARDEN HILLS CITY COUNCIL - AUGUST 31. 1998 26 NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, September 14,1998, at 7:30 p.m. at the Arden Hills Council Chambers.