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HomeMy WebLinkAboutCC 04-29-1991 MINUl'ES OF THE lIRDEN HILlS REGULAR IXlUNCIL MEETING MONDAY, ~ 29, 1991, 7:30 P.M. - CITY HALL . Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. ROLL CALL '!he roll being called the following members were present: Mayor 'Ihomas Sather, Counci1members Nancy Hansen, Paul Malone and JoAnn Growe. CouncilJnember 'Ihomas Mahowald arrived at 7: 50 p.m. Also present: Attorney Jerry Filla, Engineers Terry Maurer and Mark Graham, Park Director John Buckley, Public Works SUperintendent Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iage. CALL TO ORDER AOOPr AGENDA CouncilJnember Malone nquested Item 4(d) Parking at Royal Hills Park be moved from the Consent Calerxlar to Unfinished and New Business, Item 7 (d), for discussion. Moved by Malone, seconded by Growe, to adopt the April 29 Council Agenda as amended, moving Item 4 (d), Parking at Royal Hills Park, to Unfinished and New Business, Item 7(d). Motion carried unanimously. (4-0) APPROVE MINUl'ES Council was referred to a memorandum from the Clerk Administrator dated 4-23-91, relating to the revision inserted on page 5 of the 4-8-91 Council minutes. A sentence was inco=ectly typed UIXler item (f) in the m::>tion adopting Ordinance 277. Councilmember Malone requested two items on page 4 of the April 8 Council minutes be clarified as follows: . Insert in second paragraph on page 4: Attorney Filla answered in the affirmative that a special use permit expires if the existing use of the property is discontinued f= a period of one year. '!his is inserted to clarify for the Tyson and Pugleasa properties, which were =ently rezoned, that if the present use of the site, for which a special use permit may be issued, is discontinued for a period of one year, the special use permit and existing use l:Jecames nonconfanning and future development of the site shall comply with the re:jUlations of the =ent zoning district. Insert in paragraph six on page 4: Sellegren advised that truck parking and lift truck repair are accessory uses at the Tyson site and the applicant is concerned that such uses are maintained. Hansen moved, seconded by Growe, to approve the April 8 Regular Council minutes as amended and April 15 Council Worksession minutes as subnitted. Motion carried tmanimously. (4-0) CONSENT CI\LENDAR Malone moved, seconded by Growe, to adopt the Consent Calendar as subnitted and authorize execution of all necessary dOC\.IDlE!llts contained therein: . a. Approve Hiring of SUmmer Park Maintenance Errployees. b. Approve Refuse Collector License, Nitti Disposal, Inc. c. Approve List of Claims and Payroll. Motion carried tmanimously. (4-0) Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 2 . PUBLIC a:MIENTS REQUEST; BIDG. PERMIT EXTENSION, 3197 SHORE.WCX:lD DRIVE, FORSlllND Council was referred to a memorandum from Building Inspector Kriesel dated 4-17-91, relative to a re:;[UeSt fran Warren ForslUIXl, 3197 Sh=ewcxxl Drive, f= an extension of Building Pennit #4060. The Clerk Administrator noted the Building Inspector has reviewed the progress of =nstruction and agrees that an extension is necessary and reasonable; recommended the extension be granted to 12-1-91, as requested by ForslUIXl. Hansen moved, se=nded by GraNe, that an extension be granted to Warren ForslUIXl, 3197 Shorewood Drive, on Building Pennit #4060, to December 1, 1991. Malone moved to amend the motion, to direct the Building Inspector = Administrat= to advise Mr. ForslUIXl that this is the last til1le Council will grant an extension on the wilding permit. Hansen and Growe accepted the amendment to the motion. Motion as amended carried unanimously. (4-0) PUBLIC HEARINGS IMPROVEMENT HRING; NO. SNELLING AVE. Mayor Sather opened the meeting at 7:38 p.m. for the purpose of a Public Hearing on the proposed street reconstruction and stonn sewer improvements on North Snelling Avenue. The Clerk Administrator verified ]:Ublication of the Notice of Hearing in the New Briahton Bulletin on Wednesday, April 10, 1991 and mailing to affected property owners on Friday, April 5, 1991. . Mayor Sather questioned if any written ==espondence was received by the Administrat= relative to the proposed :inprovement. Berger stated no ==espondence was received pertaining to this matter. Engineer Maurer gave a brief overview of the proposed street reconstruction and stonn sewer :inprovements on North Snelling Avenue, from Trunk Highway 96 south to Briarknoll. He advised the :inprovements were prcll'tpted by the pavement management program, which rated Snelling Avenue as one of the worst streets in the city, based on =ndition of the street, the traffic volumes and use; the other factor is the City recently obtained Municipal state Aid designation f= North Snelling, which allows the City to utilize gas tax funds reilnbursed to the cities to help offset =nstruction costs. Maurer stated the Council authorized the preparation of a feasibility study in January 1991, to analyze reconstruction of the roadway. He advised the proposed improvement is to reconstruct the road to a 36 ft. wide, 18 feet on either side, urban type street with a =ncrete barrier curb and gutter alorq the edge. Maurer ellplained that ac=rding to MSA standards the 36 ft. width allows parking on one side of the street; it is proposed that parking be allowed on the western side of the street to accommodate patrons of the park. He stated the street would be designed for a 9-ton axle weight, with six inches of gravel base and four inches . of blacktop. . . . Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 3 SNELLING (Cant'd) The Engineer explained the utilities are in place, except for a few minor utility extensions proposed to provide sewer from the west to the east side of the street, to accammodate future development of the undeveloped lani along snelling. He reviewed the stann drainage utilities proposed for installation. Maurer reviewed the estimated construction costs as follows: street :iJnprovement stann Sewer :in1provement Total construction costs Administration, Engineering, Fiscal & Legal Costs (32%) Fstllrated Total Project Cost $222,200.00 18.700.00 $240,900.00 77.100.00 $318,000.00 The Engineer reported the recently adopted assessment marroal for city inprovements outlines the assessment rates f= street reconstruction of residential ani tax-exempt property. He explained residential property is assessed at half of the cost of a typical residential street; the cost is adjusted annually ani adopted by Council, based on the current year construction costs. He stated the 1991 rate is $27.50 per front foot, which is half of the estllrated 1991 rate of $55.00 per front foot. Maurer advised that the remaining costs are funded internally, using state Aid or tax dollars ani for that reason tax-exempt property is assessed at a rate of 100 percent, since no taxes are collected to offset the remaining 50 percent. He stated $158,109.60 is prop:>sed f= assessment, with the remaining $159,890.40 to be fun:led by the city. Maurer reviewed the project schedule ani subsequent assessment hearing procedures. Maym- Sather asked f= Council questions for the Engineer; there was no response. He then asked f= carmnents from the floor in favor of or opposed to the proposed inprovement project. John McClung, 4326 North snelling, questioned the total amount of footage proposed f= inprovement ani if the City park frontage ani additional footage at the southwest end of the street, ab.1tting the park, will be included in the assessment, since there is no residence at that location. He estimated the total footage of the two parcels at approximately 800 to 1,000 feet ani stated it appears the other residential property will be assessed for the distance. McClung questioned the method of aEsocsing the project. He suggested the distance specified earlier be funded by the city ani the front foot charge be reduced to half of the proposed assessment rate of $27.50 per front foot. McClung also questioned the previous city policy for assessment of street reconstruction ani the use of MSA funds on previous :in1provements. May= Sather advised the City has had very few street reconstruction projects in the past ani there was no previous assessment policy. The Engineer stated the total length of the proposed inprovement is approximately 2,800 feet. He explained the estimated cost of street reconstruction in 1991 is actually $110.00 per front foot ani the $55.00 per front foot is actually half of the cost. He noted that the $27.50 rate is based on the city ani residential properties splitting the $55.00 rate. Maurer explained that no additional assessments costs are distributed to the residential property due to the deletion of the city park ani other nonassessable parcels. . . . Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 4 SNELLING (Cont'd) Councillllember Mahowald arriverl at 7:50 p.m. McClung stated the MSA funds should be utilized for this project and it appears 1.ll1fair that the furns designated are not benefitting residential property. Maurer explained the City assessment policy theorizes that all streets in Arden Hills be asSeEsed equally, not based on the street classification. McClung voiced objection to the fact that the MSA funds are not being utilized to reduce the assessment costs, since the street is designated for the furns due to the anticipated traffic voll.lll\E!S and the residents will experience the traffic problems. He suggested all or half of the MSA furns should be used to reduce the assessment costs to the residential properties and indicated he believes this was the past policy of the city. R.L. Lee, representing North Heights Lutheran Church, stated the Council approval of the <lmrch under the Planned Unit Developnent regulations restricted patrons of the Church from making right turns onto Snelling Avenue. He advised the church patronage is utilizing only a small portion of the street and the proposed assessment for the Church includes the full len;jtl1 of the property alutting the street. Lee requested Council reconsider the right turn restriction in conjunction with the proposed assessment of the property. He stated the Church is pleased to be a part of Arden Hills and has no objection to sharing in development costs. eouncilmember Malone recalled the restriction of right turns condition which was :i.nposed with the PUD approval, although he was not a member of the eouncil. He advised the rationale given at the time was due to the condition of the street and to eliminate excess traffic in the residential areas. Malone explained the proposed assessment for the len;jtl1 of the Church property ahltting the street is based on the increased property value as the benefit to the parcel. He suggested Council consider reviewing the right turn restriction upon the completion of this project. John Buhajenko, representing Saints Olga and Voldomyr Ukranian Church, expressed concern that the same right turn restriction was placed on the Ukranian Church and requested Council consideration of rem:wing right turn restriction onto Snelling Avenue. He questioned if any inprovements are scheduled for the intersection of Highway 96 and Snelling Avenue and the existing drainage pipes on the Church property. Engineer Maurer explained the drainage pattern over the site and the placement of the drainage pipe to convej water through the property and collects water off of the property. He advised the proposed access will rerrain as shown on the diagram, based on the medians along Highway 96 and that the concrete curb will not extend to the intersection of Highway 96 and snelling, only to the point of the turning radius. He explained the state Highway Depart:Inent does not allow an extension due to plowing operations. Dave stroncek, 1566 Royal Hills Drive, expressed concern relative to the street width and how it relates to a standard residential street. He advised the inprovement will increase traffic and questioned if there are plans for traffic control. stroncek supported retention of the right turn restriction from the Church property and suggested a stop sign be placed at Highway 96 to control the intersection. . . . Minutes of the Arden Hills Regular Council Meetin], 4-29-91 Page 5 SNELLING (Cent 'd) The Engineer stated a standard residential street is 32 feet wide; Snellin] Avenue is =ently 22-24 ft. wide. He explainErl the reason f= proposin] 36 feet is the anticipated parking on the west side of the street, due to the park property, which will be more than intennittent parking. He stated there is no provision in the inprovement f= controllin] traffic speed on the street; the speed limit will be 30 mph and enf=cement of the speed limit is an issue after inprovement of a street. Jim Ostlund, 1576 Royal Hills Drive, commented that he is pleased the city has adopted an assessment policy, however, it appears Snellin] Avenue is not a typical residential street. He noted the MSA designation is due to the traffic, which is not classified as residential traffic, and the residents are bein] assessed rather than utilizin] those funds. Ostlund questioned why the City is iroprovin] the street and if the proposed 9-ton design in=eases the cost. Ostlund stated he lives on a corner lot and paid 100% of the assessments for the street in front of his home. Maurer stated the 9-ton design does not change the assessment rate, only adds a small amount of additional blacktop, and the additional costs are paid by the City. Mike Winkels, 1575 Royal Hills Drive, reviewed the number of a=idents which have occurred on Snellin] durin] the past four years he has been a resident of Arden Hills. He recommended speed bumps be placed on the street or a gravel surface, rather than an inproved surface. Winkels stated the vehicles speed on the road in its current condition and ~in] the road will in=ease the problem. George Reilin], 661 Heinel Drive, Roseville, stated he owns undeveloped property adjacent to North Snellin] Avenue. He recalled that past practise by the city was to utilize state Aid funds to pay f= the inprovement of designated roads; questioned when the policy changed. Maurer advised there are two separate issues; the use of state Aid funds on a designated street and the City ability to assess a property. He explainErl the City may only use state Aid funds on a designated state Aid road and do not have to fund 100 percent of the inprovement project with the MSA funds; there is no requirement that there be no assessment on the project. Maurer stated the City policy states that persons on state Aid roads will be assessed similar to all other residents, the rationale bein] that all residents pay f= a road in front of their home. He explained the City is only allocated approxilllately $150,000.00 per year in state Aid funds. Reilin] questioned if the inprovement was petitioned and if any effort has been made to repair the road, rather than :iInprove it by reconstruction. He asked if the park property will be assessed. Mayor Sather advised the proposed ~ement is based on the pavement management rating of North Snellin] and was not initiated by petition. He explained the public works crew has repeatedly attempted to repair the roadway surface and found the patching does not adhere to the surface, since there is no solid foundation or solid walls for attachin] the patching materials. The Mayor advised the park property will not be assessed and the costs for the frontage will be borne by the general tax dollars. Reilin] stated he cannot afford anymore taxes and reviewed the increase in taxes on his property with the :iInprovement of Arden view Drive. He requested Council reconsider the iroprovement of the roadway. . . . Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 6 Charles Allen, 1575 Briarlmoll Drive, questioned the payment schedule for the assessment. May= Sather advised the asSeE'''''''''''lt is sche:IDled f= payment over a ten year period, or may be paid in advance without interest. SNEUJNG (Cont'd) Allen questioned why the entire neighborhood is not ass'O'ssed; connnented he does not utilize the street often. He stated he is opposed to the project. Francis Podlasek, 4410 North Snelling, stated the road is in the same =ndition it has been for the last 40 years, maybe better, and the residents love the existing road. '!he audience responded with applause. Dave YOllll9, 4444 North Snelling, stated his opposition to the improvement. He connnented there is no provision for a walking = bike path and it a~s the roadway will became a "dragstrip". YOIlll9 suggested spee::l bJrnps, = a curve in the road to limit excessive spee::l. He suggested if Council orders the ilnprovement, a walking path be included. The Engineer stated the street was platted several years ago and it would be difficult to curve the road, since it is a straight right-of-way. He advised detached pathways may be =nstructed on the west side of the street; placement on the east side of the street would be difficult due to the residential property. Esther McClung, 4326 North Snelling, stated OftlOSition to the ilnprovement. She connnented that in the past the in1provement is normally ordered even though residents oppose the proposal. McClung advised she would prefer the installation of a walking path and that the right turn restriction for the Cburch property remain in effect if the ilnprovement is ordered. Grace YOIlll9, 4444 North Snelling, stated OftlOSition to the proposed ilnprovement. She suggested the ilnprovement be a gravel surface rather than bituminous. Young requested the residents be advised pri= to the actual construction, in order to allow replanting of vegetation = flowers. She further stated it is her hope that the removal of trees will be kept to a minimum. Maurer explained that if the project p~"', notice will be provided for residents to aCCClllplish replanting. He stated every effort will be made to minimize removal of vegetation and explained that City policy is to replant two trees for each tree removed. Jolm McClung questioned if any other roads in the City qualify for MSA furrling with residential property aJ::utting the road and how those roads were assessed. May= Sather advised that Hainline Avenue qualified for MSA funds and the residents were not assessed f= the ilnprovement. McClung stated North Snelling is unique and he does not believe the residents should be assessed. May= Sather advised that the Hainline Avenue project was significant and at the time the ilnprovement was ordered, the City had no assessment policy. He explained the Councillnembers utilized an eight-year saving of MSA furrling and spent that amount on the Hainline Avenue project. He stated he was a member of the Council and did not agree with the decision to spend those funds in that manner. The Mayor cammented on the differences between Hainline and Snelling Avenues; Hainline is over 40 feet wide, not 32 feet wide, and Hainline connects with an Interstate Highway, not a state Trunk Highway. Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 7 . SNELLING (Cant'd) McClung state:i he would prefer an assessment of $14.00 per front foot, rather than the proposed $27.50, in view of past policy by the City. Mayor Sather advised this is not an assessment hearing. There was discussion relative to other projects in the city which would relate to this type of assessment situation. Dave stroneck questioned if the street width must be 36 feet to qualify for state Aid funding. Engineer Maurer explained the street must be 32 feet wide to qualify; the adclitional footage is to acconnnodate parking. He advised that narrowing the street does not affect the assessment rate. laura Allen, 1575 Briarknoll Drive, questioned the procedure for closing the road. She state:i opposition to the proposed :i.nprovement and widening the road to accommodate parking f= utilization of the park property. Allen suggested the road be closed at a point south of the Church access or that speed b.nrq:ls be placed on the road surface. Mayor Sather advised that closing the road is not a consideration as it would landlcx::k other properties; speed hnnps =eate a liability issue and may damage snaNplowing equipnent. . Mayor Sather asked if there were any further COIlIllIeI1ts fram the floor. There was no response and the public hearing was closed at 8:41 p.m. Councilmember Hansen explained that previous COIlIllIeI1ts relating to Snelling Avenue were complaints regarding the corrli.tion of the road. She stated that gravel roads surfaces are difficult to maintain. Hansen favored the inclusion of a detached walking/bike path. She questioned if any easements must be obtained from the residents to complete the project. Engineer Maurer explained the project may be constructed totally within the 66 ft. right-of-way; tenp:>rary slope easements may be necessary for grading purposes and may be granted at the discretion of the property owner. Hansen agreed that the no right turn restriction :iJnposed on the two Church properties be retained to eliminate traffic in the residential area. She did not agree that improvement of a road increases traffic speeds. She thanked the residents for their =nnents. . Councilmember Malone explained the Council has been aware of the corrli.tion of North Snelling f= a lon;r ti1ne. He advised funds have not been available to begin a reconstruction project and the city basically does not have sufficient funds at this tline f= the project. Malone state:i the maintenance efforts have not llnproved the road surface. He commented that the assessment policy is based on a standard residential street, not on the roadway classification, and it appears to be a fair assessment. Malone advised there is no record of North Snelling Avenue ever having been assessed f= road construction. He advised Council has the option not to proceed with the proposed inprovement; if it is not ordered at this ti1ne it may not return for consideration for a long ti1ne. . . . Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 8 SNELLING (Cont'd) Malone eq>lained the Council has a resp:msibility to weigh the concerns expressed by residents against the need to maintain the infrastructure of the City. He advised the improvement is justified by the condition of the road and its rating in the pavement maintenance program. He further commented that the Council worked hard to insure the assessment policy was fair to all residents. Council1nember Mahowald commented that each public hearing is different and discussed the difficulty in arriving at a decision after hearing canunents from the audience. Mahowald agreed that if the project is not ordered at this time it may not be rescheduled f= a long time, since there are more projects than funds available. Mahowald also agreed that Council has a responsibility to maintain all City roads in good condition; suggested a road in poor condition in=eases a=idents. He stated the assessment policy was structured to benefit property owners along the higher level arterial streets, so those properties are not penalized by paying a higher rate. He noted the improvement will enhance property values and provide a more drivable roadway. Mahowald stated if the residents remain opposed to the improvement he would favor voting against the proposal. Council1nember Growe stated the audience has eq>ressed valid concerns and agreed with the walking/bike path concept if the improvement is ordered. She expressed concern that a gravel surface would =eate a maintenance problem and asked residents to consider haw the City will maintain the road if there is no iltprovement to the existing surface. Growe stated the residents should reconsider the proposal and if the general consensus is still to oppose the project she would agree with Council1nember Mahowald to vote against the proposal. Council discussed with the Engineer the possibility of narrowing the road and adding a walking path, what the additional costs would be f= the path, and what steps are necessary to change the scope of the project at this time. Maurer stated the changes discussed are not significant and could be included in the bid for the project. He cautioned the Council against narrowing the roadway, due to the projected parking for the park in this area. Attorney Filla advised that four affinnative votes from Col.U1cil are required for ordering this improvement project. Malone moved, seconded by Hansen, to adopt Resolution No. 91-30, ORDERING 'lEE IMPROVEMENT IN THE MA'ITER OF 'lEE NORIH SNELLING 1991 NORIH SNELLING AVENUE IMPROVEMENT. Motion failed. (Malone, Hansen, Sather voting in favor; Growe and Mahowald opposed) (3-2) Col.U1cil1nember Hansen proposed the City limit time spent f= maintenance of North Snelling Avenue. Mayor Sather advised that Items 6 (c), (d) and (e), relating to the snelling Avenue iltprovement, are now i=elevant; requested these items be removed from the Agenda. Council1nembers unanimously concurred. Council concurred to recess at 9:10 p.m. and reconvened at 9:15 p.m. Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 9 . Council was referred to a mernorandwn from the Park Director dated 4-26-91, relative to the proposed 1991 park/trail inprovements. Mayor Sather advised the rec:amrnen1ation fram the Park Direc:t= regarding the proposed park inprovements is still unclear and would prefer to discuss this matter at a w=ksession meeting. Council1nember Malone agreed. PARKS; 1991 TRAIL IMPROVEMENl'S Malone moved, seconded by Mahowald, to schedule a Council Worksession Meeting on Monday, May 6, 1991, at 4:30 p.m. and to table this matter for discussion at the worksession meeting. Motion carried unanilnously. (5-0) PUBLIC HEARING ASSESSMENl' HRG; 1991 PVMT. MAINT. Mayor Sather opened the meeting at 9:21 p.m. for the purpose of a Public Hearing on the 1991 Pavement Maintenance Program. The Clerk verified the publication of the Notice of Hearing in the New Briqhtan Bulletin on Wednesday, April 17, 1991 and mailing to affected property owners on'I\1esday, April 16, 1991. . Engineer Graham briefly explained the overlay project of those streets scheduled for such :i.nprovernent in the 1991 Pavement Maintenance Program. Graham advised that based on the recently adopted assessment naImal f= the City, fifty percent of the bituminous overlay project costs are proposed to be assessed to the property owner. He stated the feasibility study estimated the costs to be $3.44 per front foot, however, upon receipt of the bids for the project, the cost of the proposed assessment was reduced to $2.82 per front foot and a resolution passed by the Council established that amount as the 1991 assessment rate. Graham explained that the concerns expressed by the affected property owners at the public hearing on March 25, are addressed by co=espondence. He advised that several meetings were held with residents of Valentine Avenue and an outline of alternatives for the closure of Valentine Avenue is included in the infonnational packet. Graham reviewed the actions necessary f= Council consideration this evening . Mayor Sather questioned if any written co=esporrlence was received by the Clerk Administrator relative to the proposed assessment. The Clerk Administrator verified receipt of the following letters; Mr. Frederic Baude, 3708 O1atham Court, requesting Chatham Court be included in the proposed improvement; Mr. & Mrs. John Albert, 4090 Valentine Crest Road, otPQSing the closing of Valentine Avenue; and correspondence from Robert Boesel, 1695 Valentine Avenue, to the Ramsey County Sheriff's Department, relating to safety concerns on Valentine Avenue. He also referred to correspondence received fram Lt. Shanley, Ramsey County Sheriff's Deparbnent. Mayor Sather asked if there were questions fram Council1nembers. There was no response. The Mayor asked if there was anyone who wished to be heard either in favor of or opp:>sed to the proposed assessment. . Robert Boesel, 1695 Valentine Avenue, stated he is present to discuss the proposed closing or alteration of Valentine Avenue. He reported that 24 of 25 residents in the area have signed a petition favoring closing the street and some of the individuals favor same type of speed restriction method. Boesel invited Council1nembe.rs to schedule a meeting with residents, in the Valentine Avenue area, to discuss a proposal which addresses the residents safety concerns. . . . Minutes of the Arden Hills Regular O:>uncil Meeting, 4-29-91 Page 10 P\IMl'. ~. (Cent' d) O:>uncilmernber Hansen requested the Fire Chief review the public safety issues related to bl=king the street; emergency vehicle access and response time. Fire Chief winkel stated if the road is bl=kErl in some manner, it is i111perative to provide a cul-de-sac or turn arOl.U1d of some type for emergency vehicles to maneuver. Winkel explained response time may be delayErl due to =fusion and if an a=ident occurred at either intersection, emergency vehicle access may be prohibited. O:>uncilmernber Malone noted there are two separate issues and suggested comments relating to the general improvement/assessment be heard pri= to the Valentine Avenue closing. Robert Rehaka:mp, 4060 Valentine Court, askErl if the drainage problem on Valentine Avenue has been addressed. He supported the project. Engineer Graham advised the drainage was reviewed by Public Works SUperintendent Winkel, Engineer Maurer and hllnself; it was determined that the drainage will be addressed in conjunction with the iInprovement and Graham offerErl to meet with Rehaka:mp to discuss the matter. Kurt Hallgren, 3700 Chatham Circle, requested the Chatham Circle cul-de-sac be included in the project and questioned what the procedure would be to include this area. Attorney Filla explainErl that if the city wishes to include additional areas in the 1991 project and proceed along the same timetable, a petition by all property owners in the cul-de-sac, requesting inclusion in the project and that 100 percent of the =sts be assessErl to the property owners, must be su1::mitte:i. He advised that if the petition is signed by 100 percent of the property owners, a public hearing is not necessary. Filla also advised it must be determined what impact inclusion of additional areas would have on the construction =ntract and whether or not the City wishes to proceed with award of the =ntract prior to arranging a public hearing f= assessments on the additional area. He noted the public hearing for the iInprovement is not necessary if the petition includes 100 percent signatures, however, the assessment hearing is still necessary. Councilmernber Malone questioned if the residents would then be asses:sErl at twice the amount of $2.82 per front f=t. He stated the petition would have to be su1::mitted by May 13, and the assessment hearing may be =ntinuErl to the May 28 Regular O:>uncil meeting. He advised Hallgren that city staff will provide a petition document in the proper format. Filla explained a chan;Je order to the =ntract may not exceed 25 percent of the original =ntract bid. He further advised that residents petition:in:J for the improvement and requesting the =sts be assessed at 100 percent, however, those signing the petition are not waiving their rights to appeal the assessment. Councilmember Mahowald questioned when Chatham Circle and Court areas are schedulErl for improvement in the pavement management program. Engineer Maurer explained both areas are borderline sealcoat/bituminous overlay projects and the program is arrangErl to delete streets after the bidding process, if necessary. He advised the bids receivErl were competitive and no streets will be deleted from the project; monies may be available to add the two areas to the project. . . . Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 11 There was discussion relative to assessing the additional areas 50 percent versus 100 percent. Attorney Filla explained the residents contacted to sign the petition should be advised that they are requesting to be aE"E"essed 100 percent of the costs. PIIMI' . M:iMI' . (Cont' d) Councilmember Hansen stated the residents retain the right to appeal the assessment rate at the public hearing. Councilmember Mahowald questioned if Council has the ability to add both areas to the project at this time. Engineer Maurer explained the Council has the ability to add the area, however, the entire project would revert back to the beginning of the schedule listed in the feasibility study. Attorney Filla questioned if both cul-de-sacs should be included in the project. Council directed the Clerk Administrator to notify Mr'. Baude, in writing, of the procedures for including Chatham Court and Chatham Circle in the project, at the assessment rate of $5.64 per front foot. Mayor Sather asked for further COII1lOOllts on the assessment. There was no response and the May= called for connnents on the closing of Valentine Avenue. Engineer Maurer explained the two alternatives f= closing the road; the first being construction of a cul-de-sac on Valentine Avenue, near the intersection of Valentine Court, so vehicles would enter fram the west off of County Road F, and the second being elimination of the roadway between Valentine Crest and Valentine Court. He explained the second alternative is less desirable, as some of the properties would require long driveways and this may =eate liability problems f= the City. Maurer recommended the first alternative and advised it would require some land aOIUisition to accomplish. He advised that meetings with the residents indicate an initial willingness to provide the right-of-way ~~Eary. He referred to a possible 60 ft. access easement in the area, however, no documentation of dedication to the city has been found in the records. eouncilmember Malone stated the properties :iropa.cted by the placement of a cul-de-sac at that location would be Boesel, McCleary and Kunze. Bob Kunze stated the residents he has contacted indicate a preference for closing the street at Valentine Crest, with access to County Road F. He questioned the worth or necessity of construction of a 60 ft. cul-de-sac for a road that is only 100 feet long. Bob Boesel explained the Valentine Court intersection is substantially larger than the Valentine Crest intersection. He stated he is willing to donate his land to the City f= construction of the cul-de-sac at the Valentine Crest location. Council discussed several items related to closing the road and the land acquisition ~~""'ry f= construction of a cul-de-sac. Engineer Maurer advised it would be difficult to accomplish the construction of a cul-de-sac in conjunction with the overlay project, due to time constraints. He suggested it may be best to delete this area fram the project until the issue is resolved and add this area in a future project. He advised the construction of the cul-de-sac may be accomplished this year if Council determines to do so to resolve this matter. Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 12 . PVMr. M;MI'. (Cont'd) 'Ihere was discussion relative to the ramifications of excludin::J SOllIe of the properties fram the project. Attorney Filla advised those properties abJtting Valentine Avenue may be excluded fran the project and the assessment hearing for those properties tabled to coincide with the May 28 hearing date for the Chatham properties. Dorothy IDng, 1645 Valentine Avenue, stated the residents pay taxes for law enforcement and suggested the speed limit should be enforced, rather than assessing the residents for construction of a cul-de-sac to resolve the matter. Councilmember Malone advised the Ramsey ColUlty Sheriff's Deparbnent has been very cocperative in attempting to enforce the speed limit. A reSident suggested placement of a "kink" in the road as a deterrent to traffic. Council concurred there is not sufficient infonnation available at this time to make a detennination for resolution of this matter. It was agreed that a meeting be scheduled on site with the property ClINI1erS in this area to further discuss the alternatives. . Mayor Sather asked for further comments from the floor. 'Ihere was no response and the public hearing was closed at 10:15 p.m. Mayor Sather suggested adoption of the assessment roll for the 1991 Pavement Management, continuing the assessment hearing for those properties atutting Valentine Avenue, from Valentine CXest east to Highway 10, lUltil such time as Council detennines if Chatham Court and Circle are to be included in the project. Council further suggested that the Engineer meet with the residents to detennine a viable alternative for closure of the road. Councilmember Mahowald questioned if the costs associated with construction of a cul-de-sac will be assessed to all properties in the area and, if so, will adoption of the assessment roll at this time eliminate the option to assess at a later date. Councilmember Malone suggested that the property abJtting Valentine Avenue would be the only property receiving direct benefit from closing the road or =eating a cul-de-sac and only those properties should be assessed. Malone moved, seconded by Growe, to continue that portion of the assessment hearing that relates to those properties listed in the assessment roll as atutting or fronting on Valentine Avenue to Tuesday, May 28, Regular Council Meeting, at 7:30 p.m. Motion carried unanimously. (5-0) RES. #91-35; Moved by Malone, seconded by Growe, to adopt Resolution ASSESSMENT ROLL No. 91-35, AOOPrING FINAL ASSESSMENT ROLL IN THE MA'lTER OF THE 1991 PAVEMENI'MAINTENANCE IMPROVEMENTS, deleting those properties atutting or fronting on Valentine Avenue, as mentioned in the previous motion. Motion carried unanimously. (5-0) . RES. #91-25) AWARD BID, 1991 PVMr. MAINT. Malone moved, seconded by Growe, to adopt Resolution No. 91-25, ACCEPl'ING BID AND AUl'HORIZING EXECUI'ION OF CI:JNTRAcr IN THE MA'lTER OF THE 1991 PAVEMENT MAINTENANCE IMPROVEMENI'S. Motion carried unanimously. (5-0) . . . Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 13 P\IMI'. M3M1'. (Cont'd) Malone IOOVed, seconded by Hansen, to direct staff to meet with affected property owners on Valentine, to discuss possible =nfigurations and detennine alternatives f= the closing of Valentine Avenue, and provide information for Council review- at the May 13 Council meeting. Motion carried Ul'lClIlilrously. (5-0) Mayor Sather requested council be notified of the meeting date in the event they wish to attend. councilmember Malone noted for those in attendance that there will be assessments involved of costs associated with the =nstruction options in this area. CDC WATER TANK; Council was refe=ed to a memorandum fram the Clerk RUsr PROBLEMS Administrator dated 4-26-91 and a letter fran Engineer Mark Graham dated 4-25-91, relative to rust probleros at the City water tank located near Control Data. Engineer Graham and Public Works SUperintendent Winkel recanunend an investigation be =nducted regarding the severity of the rust problem and two quotes have been received re;Jarding the testing. staff recorrnnends Braun Intertec be retained to =nduct the testing at a cost not to exceed $2,500.00 and the project be funded fram the 1991 Water utility Fund. Malone IOOVed, seconded by Hansen, to authorize Braun Intertec to proceed with the review- of the rusting condition on the inside of the north water tank amed by the City, at a cost not to exceed $2,500.00 and the funds be utilized from the 1991 Water utility Fund. Motion carried unaniInously. (5-0) ORD. #280; ~ T\l AMENI:MENTS Council was referred to a memorandum fram the Deputy Clerk dated 4-24-91, relative to proposed amendments to the Cable T\l Franchise Ordinance. Staff recorrnnends adoption of the proposed amendments, as a housekeeping item. Moved by Malone, seconded by Growe, to adopt Ordinance No. 280, REJ:ATING'IQ THE CABLE TELEI1ISION FRANCHISE REGUIATIONS FOR THE CITY OF ARDEN HILLS. Motion carried Ul'lClIlilrously. (5-0) SCHED. MAY IDRKSFSSION Malone IOClVed, seconded by Growe, to schedule a Council Worksession Meeting on Monday, May 20, 1991, at 4:30 p.m. at city Hall. Motion carried unanimously. (5-0) REQUFSl'; LIMIT PARKING, ROYAL HILLS PARK Council was refe=ed to a memorandum fran the Parks Director dated 4-25-91, recommending no parking on the west side of the street f= safety purposes. Councilmember Malone questioned if an ordinance = resolution is necessary to limit parking on a City street. He noted the memorandum on the Consent Calendar did not include a recanunendation f= fomal action by Council. Attorney Filla stated the parking limitation should be in the form of a resolution f= future reference of the action taken by council. Parks Director Buckley advised parking occurs on both sides of the street for activities scheduled in the park. He stated the situation is unsafe due to children running between the parked cars. Buckley suggested the Engineer review- the matter. . . . Minutes of the Arden Hills Regular Council Meeting, 4-29-91 Page 14 PARKING (Cont'd) Counci1meInber Hansen suggested an off-street parking area be created at the park. Council =ncurred to direct the Public Works SUperintendent, Parks Director and Engineer to review the alternatives for restricting parking in this area and prepare a report, with a recommendation for fonnal action by Council, f= the May 13 Regular Council meeting. It was further directed that staff notify residents of this area of the pending action. COUNCIL c:x:MffiID> MISCiPIANNING MEEl'ING Counci1meInber Mahowald advised he is unable to attend the Planning Ccmnission meeting on May 1. Council:me:mber Hansen volunteered to attend in his absence. No further camments. ADJOURN Malone moved, seconded by Hansen, that the meeting be odj=- at ,""O";L ~-y. (O-OJ 'Ihomas R. Sather May= .~12 13~ Gary . Berger Clerk Administrat= NorrCE OF MEEI'INGS There will be a Council Worksession held on Monday, May 6, 1991, at 4:30 p.m., at city Hall. '!he next Regular Council Meeting will be held on Monday, May 13, 1991, at 7:30 p.m., at City Hall.