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HomeMy WebLinkAboutCC 02-10-1992 " . . , MINUI'ES OF THE ARDEN HILlS RmlUIR COUNCIL MEEI'ING M:lNDAY, FEBRUARY 10, 1992, 7:30 P.M. - CITY HALL Pursuant to due call and notice thereof, Act:in:J Mayor Malone called the meet:in:J to order at 7:30 p.m. roLL CALL The roll be:in:J called the follow:in:J members were present: Act:in:J Mayor Paul Malone, Councilmembers JoArm Growe and Dale Hicks. Council1nernber Thomas Mahowald arrived at 8: 50 p. m. Absent: Mayor Thomas Sather. Also present: Atto:rney Jerry Filla, Engineers Terry Maurer and Mark Graham, Planner John Bergly, Park Director John Buckley, Public Works SUperintendent Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. CALL 'ill ORDER AOOPI' AGENDA Council1nernber Hicks recommended Item 7.0, Salary In=ease, city A=untant, be tabled to the W=ksession Meet:in:J scheduled for February 18. Hicks moved, seconded by Growe, to adopt the amended Agenda, tabl:in:J Item 7.0, Salary Increase, City Accountant, to the next COlll1cil Worksession Meet:in:J. Motion carried unanimously. (3-0) APPROVE MINUI'ES council1nernber Hicks :recommended the follow:in:J amendment to the January 27 Council minutes, page 3, third paragraph: "Council1nernber Hicks questioned if the North SuhJrban Chaplaincy program is an interdenominational program. II There was discussion regarding the donation of charitable gambl:in:J funds to the Chaplaincy program and whether or not the program is separate from the Orthodox Church. Act:in:J Mayor Malone recommended the follow:in:J amendment to the December 30 Council minutes, page 1, under Consent Calendar, paragraph three; the last sentence should read, ".. .outlined that portion of direct costs of the programs which were paid by fees. II Hicks moved, seconded by Growe, that the Regular Council Minutes of December 30, 1991 and January 27, 1992, be approved as amended. Motion carried unanimously. (3-0) PUBLIC HEARING IMPROVEMENT HRG; STREEl' RECONSIR., TILLER lANE Act:in:J Mayor Malone opened the rneet:in:J at 7: 40 p.m. f= the purpose of a Public Hear:in:J on the proposed street reconstruction ilnprovement of Tiller Lane. Clerk Administrator Berger verified publication of the Notice of Hear:in:J in the New Brighton Bulletin on Wednesday, January 29, 1992 and mail:in:J to affected property owners on Wednesday, January 22, 1992. Act:in:J Mayor Malone reviewed the procedures for public hear:in:Js and reminded the audience that the discussion would focus on the ilnprovemerrt of the street; noted that if council orders the ilnprovement, an assessment hear:in:J will be scheduled at a future rneet:in:J. . . , Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 2 TILLER (Cont'd) Engineer Terry Maurer explained the city recently :i1I1plemented a Pavement Management Program, which rates all streets in the City and, based on the rating, places the street into one of three ca~ries for :i1I1provement,; sealcoat, overlay = reconstruction. He advised the streets are reviewed every three years. Maurer explained the program indicates Tiller Lane is rated in extremely poor condition and warrants reconstruction. He stated the city has also adopted an assessment policy which outlines the methcxi of assessing various types of street and utility :i1I1provements. Maurer stated the Council authorized the preparation of a feasibility study of the proposed Tiller Lane reconstruction :i1I1provement last year, and after review of the feasibility study, authorization was given to prepare detailed plans and specifications for the :i1I1provement. The Engineer explained the proposed :i1I1provement of Tiller Lane from Lexington Avenue to Hamline Avenue. He advised the sanitary sewer and watennain were investigated and found to be in gocxi condition; no major utility :i1I1provements are proposed. He noted some minor modifications to the storm drainage utilities are necessary and are proposed with the reconstruction of the street. Maurer advised the initial feasibility report has been mcxiified and reflects additional costs for soil :i1I1provement. He explained the soil analysis for the project indicates the material underneath the street is directly responsible for the poor condition of the road; the soil contains organic material which holds water and is susceptible to frost. He stated the revision to the report proposes e=avation of approximately one and one-half feet of material from the road, replace the soil with a granular material and install drain tile along the edges of the roadway, to keep the material dry and in condition to support the inproved road surface. The Engineer reviewed the estimated costs for the :i1I1provement: - street :i1I1provements - Min= storm Sewer adjustments - SUl:grade co=ections/drain tile $179,500.00 9,900.00 65,900.00 Total Estimated Project Cost $337,000.00 Engineer Maurer explained an additional 32 percent is included in the construction cost to cover items such as, mailed notices, preparation of plans and specifications, survey work and staking, and other miscellaneous items charged to the project. Maurer explained the assessment policy indicates that all residents will be assessed a fair share of the costs for a standard residential street, whether or not they reside on a County road, State Aid road or standard residential street. He stated the "residential equivalent assessment rate" is defined as 50 percent of the cost of a typical residential street :i1I1provement. Maurer noted the minor storm sewer costs are assessed 100 percent to the benefitted property owners. Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 3 . TILLER (Cont'd) Engineer Maurer reviewed hOltl the assessment rate is calculated, based on total project cost and assessable front footage. He also reviewed the tentative schedule f= completion of the project in 1992. Acting Mayor Malone asked if there was anyone present who wished to be heard either in favor of or opposed to the proposed improvement. Gene Ward, 1242 Tiller Lane, questioned if the soil samples were taken after preparation of the initial feasibility report. He noted the easterly portion of Tiller Lane is in poor condition, however, the westerly portion of the street is in good condition. Ward stated he would prefer to have the westerly portion of street upgraded with bitwninous overlay, rather than reconstructed. Engineer Maurer explained the soil conditions were detennined after the initial feasibility study, as part of the preparation of the detailed plans and specifications for the project. Carl Norquist, 1171 Tiller Lane, questioned if a carrparison study of the traffic on Ingerson Road versus Tiller Lane has been done; it appears that traffic is heavier on Ingerson Road. He also questioned if driveway aprons are included in the improvement costs. . Engineer Maurer stated he is unaware of any current traffic counts on Tiller since it is a County road. He advised the costs for driveway aprpms are included in the improvement and materials will match the existing driveway surface on the property . nick VolJanann, 1102 Carlton Drive, advised he Oltlns property adjacent to Tiller Lane and questioned hOltl assessment of his property will be determined. He also questioned hOltl closely the estimated costs reflect the actual bid amount for the project. Engineer Maurer explained the estimated costs are based on utilization of construction bids for projects completed last year and discussions with contract=s as to what to expect f= price increases in 1992. He advised it does not appear there will be a significant in=ease in price over projects completed in 1991. VolJanann stated Carlton Drive was recently resurfaced and questioned if resurfacing, rather than reconstruction of Tiller Lane, would be feasible. He also questioned if Carlton is scheduled f= recontruction in the future. The Engineer explained the major difference between the two streets is the subsurface soils and the nature of the street failure on Tiller Lane. He stated an overlay is actually no better than the surface on which it is installed; Tiller Lane would not hold the bitwninous overlay, based on the existing condition of the street. He further advised that Carlton Drive will be reviewed and rated in the Pavement Management Program and may require sealcoating in a few years, hOltlever, a reconstruction project does not appear to be warranted in the f=eseeable future. , Iarry Kahnke, 1315 Tiller Lane, noted the feasibility report indicates assessments may be spread over a five to ten year period; questioned what percentage of interest will be charged to the assessment. Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 4 . TILLER (Cont'd) Acting Mayor Malone stated the current interest rate is 8% and the assessment is spread over 5 to 10 years. Kahnke also questioned why the project proposes con=ete =b and gutter installation; noted the existing roadways in this area do not have con=ete =b and gutter. Acting May= Malone explained that during discussions of proposed the assessment manual and reconstruction program Council determined that all new developments require con=ete =b and gutters and it was appropriate to require the installation of con=ete =b and gutters as part of the reconstruction of the older streets in the City. He noted that during a proposed project in 1991, residents indicated they would prefer the con=ete =b and gutter. F=est Behr, 1234 Tiller Lane, questioned if the core samples were taken at different locations along the roadway surface. He questioned the purpose of the con=ete =b and gutter installation on Tiller Lane. Behr pointed out that the economic conditions may have changed substantially since Council determined the standards outlined in the assessment manual. He COI1U1\el1ted that Hamline Avenue is in much worse condition than Tiller Lane; suggested the con=ete =b and gutter be deleted from this project and the monies saved be utilized to repair HaInline Avenue. Engineer Maurer explained c=e samples were taken at various locations along Tiller lane. He reiterated the surface of Tiller Lane will not hold a bitwninous overlay. . Gary Abrahamson, 1228 Carlton Drive, stated he is the owner of the property adjacent to Tiller Lane and explained Carlton Drive was overruled in 1991; questioned why his property is listed as part of this project. Maurer advised his lot is located close to the project site and it is questionable at this time if the property will be included in the project. He noted this property will be reviewed and Council will make a determination regarding the property assessment at the scheduled assessment hearing. Wayne Bond, 1326 Tiller Lane, questioned if core samples were taken when Carlton Drive was overlaid. He stated if the core samples for Carlton are carrparable to Tiller Lane, his preference would be to have Tiller overlaid. Bond further questioned if there were differences in the core samples taken from the westerly and easterly portions of Tiller Lane. Engineer Maurer explained core samples are only taken during reconstruction of streets, not f= bituminous overlay projects. Gene Ward, 1242 Tiller Lane, favored a bituminous overlay of Tiller Lane. , Diana Ettel, 1249 Tiller Lane, expressed concern that the Oak trees bordering her property may become infected with Oak wilt if the project is completed prior to July 15. She commented that if there are no plans to install con=ete =b and gutter on adjoining streets over the next few years, the installation of such materials on Tiller lane would look out of place. David Neuberger, 3330 Dunlap street, stated his opposition to installation of con=ete =b and gutter; does not appear it would be suitable for the neighborhood since the other streets in the area do not have con=ete =b and gutter. He questioned if bituminous overlay projects are assessed to property owners . . Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 5 TILLER (Cont'd) Acting Mayor Malone advised the assessment policy f= bitwninous overlay and reconstruction is a 50/50 cost sharing between the City and affected property owners, of the total project costs. He noted the assessment of bituminous overlay projects was initiated in 1991. Neuberger questioned the difference in the c=e samples on upper Tiller Lane versus the 10ltler portion of the street. He also mentioned he lives on a corner lot and asked if Dunlap street is scheduled for reconstruction next year. Public Works SUperintendent Winkel explained the streets are reevaluated in the spring and the ratings will be updated at that time. He was unsure of the current rating of the street. Joan Petersen, 1325 Tiller Lane, advised she is semi-retired and plans to sell her property. She explained her property abuts Tiller and HaInline; questioned if HaInline is scheduled for upgrade. Petersen stated it may not look presentable to have one street along her property line upgraded and the other in po= condition; preferred HaInline Avenue be repaired rather than install con=ete =b and gutter on Tiller Lane. . Paul Ahren, 1227 Tiller Lane, explained the feasibility report indicates he is to be assessed for frontage that he does not own and the rate should be adjusted. He questioned the price differential between concrete =b and gutter versus bituminous overlay. Ahren referred to page 4 of the feasibility report which indicates there may be a need for installation of more catch basins; questioned what the costs would be for m=e catch basins. Engineer Maurer advised he is comfortable with the estimated costs for catch basin installation and project design and he does not anticipate any significant change. Ahren asked if the city ever requests a second opinion on the design specifications and if there is a less costly method of repairing the roadway. Acting Mayor Malone stated the city has the option to request a second opinion, hOltlever, he does not recall such a request on any improvement project. He explained the Engineer will discuss the road repair at the close of the hearing. Ahren asked if the property valuation in=eases with the improved street and if the in=eased valuation is automatically added to the tax rolls, based on the assessment. Clerk Administrator Berger stated he is not aware of the method utilized by the County for property valuation and advised he would check the procedures with County tax representatives. Betty Pahr, 3327 North Dunlap, stated she is on a fixed income and would prefer the bib.nninous overlay of the street. - Ron Circle, 1158 Tiller Lane, questioned the average life span of a reconstructed street. Engineer Maurer stated twenty years is the average life span of such streets, however, after that period of time it may only require an overlay if it has had reasonable maintenance over the years. Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 6 . TILLER (Cont'd) circle suggested Tiller may not have received routine maintainence; asked if the City was negligent in would the Council consider amending the assessment policy maintaining the street, to a 60/40 split. Acting Mayor Malone explained the percentage is established in the assessment policy and would not be amended. He advised the road is approximately 38 years old and normal life span of a street is 20 years. Public Works Superintendent Winkel advised the road has been sealcoated over the years. Bob Emery, 1138 Tiller Lane, explained he has lived on this street since 1954 and he favored a decent roadway. He questioned what the cost per front foot is for =b and gutter installation. Emery commented the other end of the street may request bituminous surface. The Engineer stated it is approximately $5.00 per front foot. Ray York, 1151 Tiller Lane, stated his preference would be for a professional job of street reconstruction for future residents. He explained the street has been patched on several occasions and indicated it should be "done right". Wayne Vaughn, 1326 Tiller Lane, stated the residents may not have a problem with the reconstruction if they had not seen hOltl good Carlton Drive looks with only bitwninous overlay; agreed the upper portion of Tiller Lane may need . reconstruction, but not the the 10ltler portion of the street. Acting Mayor Malone asked for further COI1U1\el1ts from the floor and hearing no response, closed the public hearing at 8:30 p.m. Engineer Maurer atterrq:Jted to answer all citizen questions: - The installation of con=ete =b and gutters was discussed in conjunction with the adoption of the assessment manual. council determined the standard f= a typical city street should include =b and gutter, whether it is new street construction or reconstruction of an existing street. He advised the rationale for such installation was that =b and gutter is an important part of the drainage system and protects the edge of the roadway. Maurer advised the soils belOltl the existing roadway on Tiller Lane absorb moisture and holds it; lack of =b and gutter provides more opportunity for erosion of the roadway edge. - There are no "shortcuts" for street reconstruction. Deterioration of the street accelerates if the street is not property constructed. . - The soil engineer advised that 18 inches of corrective material should be sufficient to support existing traffic on Tiller Lane. A porous material will be placed over the existing soil. The material will allOltl pass water, renain dry and provide necessary support for the roadway. - 'lhere was no significant difference in the subsurface material along the length of Tiller Lane. The soils report does not address the existing roadway conditions; those were identified during the Pavement Management review program. Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 7 . - c=e samples were not taken on Carlton Drive; the success of an overlay is dependent upon the condition of the existing roadway surface. Ramsey County studies indicate the life span of an overlay is 8 years. Maurer explained that Tiller Lane is in extremely poor condition and the existing surface will not support bitwninous overlay. TILLER (Cont/d) - 'lhe cost differential between con=ete versus blacktop =bing is approximately $1.00 per front foot; concrete is $5.00, and blacktop is $4.00. - The City F=ester = the University of Minnesota woudl be contacted regarding precautions and protection of the Oak trees, prior to beginning the project. Specifications will be included in the contract and the homeowner will be contacted with infonnation regarding the trees. Acting Mayor Malone questioned if any portion of Tiller Lane is in reasonable condition to support bitwninous overlay. Engineer Maurer stated the western portion of the street may support overlay, hOltlever, since overlay is a "short-term" solution, it would not be the most cost effective method of irrprovement. Councilmember Hicks questioned the difference in rating the east and west portions of Tiller Lane. . Maurer explained he does not have the rating infonnation at this time. He indicated an over lay is not feasible on the east portion of the street and the cost effectiveness is questionable on the west portion Tiller Lane. There was discussion relating to assessments of the corner lots. Engineer Maurer explained the hOltl the footage is calculated. There was discussion relating to the method utilized by Ramsey County in reviewing market values based on street improvements. Attorney Filla outlined possibly procedures for reevaluation of property values. Council discussed possible methods of financing the in=eased costs for the project, due to the additional costs for soil =ections. eouncilmember Mahowald arrived at 8:50 p.m. . Councilmember Hicks asked the Engineer to provide an opinion on the feasibility of reconstructing the street without concrete =b and gutter. Engineer Maurer discussed the cost differential f= concrete =b and gutter and strongly encouraged the installation, based on in=eased protection of the street surface, extending the life span of the roadway and assisting with drainage. It was suggested by members of the audience that Council consider obtaining a second opinion on the street design, reconstruction of only the east portion of the street and bituminous overlay on the west portion, and bidding the project with optional con=ete =b and gutter. Hicks moved, seconded by GrOltle, to adopt Resolution No. 92-10, ORDERING 'mE IMPROVEMENT IN 'mE MATI'ER OF 'mE 1992 TILLER lANE SI'REEl' REmNSTRUCI'ION IMPROVEMENI'S. Motion carried unanimously. (4-0) Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 8 . TILLER (Cont'd) Hicks moved, seconded by Growe, to adopt Resolution No. 92-11, APPROVING'lHE P.U\NS AND SPECIFICATIONS AND ORDERING 'lHE ADVERl'ISEMENT FOR BID IN THE MA'ITER OF 'IHE 1992 TILLER IANE SI'REEI' REXXlNSI'RUCTION IMPROVEMENTS. Motion carried unanimously. (4-0) SCHEDULE ASSMI'. HEl\RING; TILLER IANE IMPROVEMENI' Hicks moved, seconded by GrOltle, to schedule a Public Hearing on the proposed assessment of the Tiller Lane Ing:lrovements on Monday, April 27, at 7:30 p.m. Motion carried unanimously. (4-0) Maxine Bahr, 1234 Tiller Lane, stated that Council did not listen to several residents opposed to reconstruction of the street. Acting May= Malone explained the Council must represent the interests of all residents and maintain the infrastructure of the city; sometimes it is not an easy decision. Councilmember Hicks explained that if residents are owosed to the street reconstruction, after costs are outlined and bids received, the Council may consider spending the monies f= Pavement Management on another street in the City that is in poor condition. He advised the Engineer and Public Works SUperintendent have identified Tiller Lane as being in extremely poor condition and rec:cmnnended improvement of the street. Council recessed for five minutes and reconvened at 9:15 p.m. Acting Mayor MahOltlald conducted the remainder of the meeting. . CONSENT CALENDAR Malone moved, seconded by Hicks, to adopt the Consent Calendar as suJ::rnitted and execute all nece5.-C:Cry documents contained therein: a. Approve Parks & Recreation Committee Appointments. b. Approve List of Claims and Payroll. Motion carried unanimously. (4-0) CASE #92-01; SITE PIAN l\MENJ:MI', LOCATION OF TANK, 1260 RED FOX ROAD, RESISl'ANCE TECH. Council was referred to the Planner's report and Planning commission minutes dated 2-5-92, relative to the application for site Plan Amendment for location of a nitrogen tank at 1260 Red Fox Road, Resistance Technology, Inc. Planner Bergly advised the Commission recammended approval of the location of the tank, based and conditioned upon the recommendations listed in the minutes. He explained the Commission discussed lighting and color of the tank. Bergly stated the applicant agreed to position the lighting, if necessary, as required by the City. He noted the tank should remain a light col= to elllninate heat retention. Councilmember Hicks questioned if additional lighting will be required. . Bergly stated no additional lighting is required at this time, hOltlever, if the applicant deems it necessary, staff will review the location and type of lighting installed. Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 9 . CASE #92-01 (Cont'd) Hicks moved, seconded by Malone, to approve Case #92-01, based on the fact that the tank complies to Unifom Building Code requirements, it will be inspected annually by the insurance company and the applicant will provide a copy of the certificate of Inspection to the City, and conditioned upon the staff review and approval of a lighting plan, if deene:i necessary by the applicant. Motion carried unanimously. (4-0) PUBLIC cnlMENTS Dick Foster stated he wished to discuss the Keithson Pond issue. Acting Mayor Mah~ld suggested discussion be held until that portion of the agenda where the item is listed. Jack Tumy, 1755 County Road F West, expressed his displeasure at the type of houses which were recently constructed a=oss from his property; stated his property values will de=ease. CASE #92-02; FINAL PlAT, HAZElliUI' PK. #2 ADDN, O'MEARA Council was referred to the Planner's report and Planning Commission minutes dated 2-5-92, relative to the application for Final Plat approval of Hazelnut Park #2 addition, North Katie Lane, Barry O'Meara. Planner Bergly advised the preliminary plat was approved in 1983; some revisions were recamrnended and the applicant suJ::mitted a revised final plat f= the first phase of the development within three months, as required by the application guidelines in the Zoning Code, which was also approved. . Bergly indicated the developer is interested in completing the second phase of the Hazelnut Park development and has suJ::mitted a final plat which includes those recommendations attached to the preliminary plat approval in 1983. 'Ihe Planner stated the preliminary plat approval included a 30 foot front yard setback variance f= the entire subdivision and indicated there may be some variances required on some lots on Katie Court. Bergly advised the staff has researched the park dedication for this development and found documentation which confims the park dedication requirements were fulfilled. The Planner reviewed the variances required as part of the final plat approval for phase two of this development. He also discussed the possibility of extending the cul-de-sac street and eliminating the need for the variances as outlined. Bergly explained the developer preferred moving the building areas further from Cleveland Avenue, f= these lots, and providing deeper rear yards. He stated the Planning Commission agreed that the variances were appropriate. Planner Bergly explained the Fire Chief suggested a hammerhead turnaround at the end of Katie Lane, to allOltl sufficient area to maneuver emergency vehicles. Bergly stated the Park Director indicated it would be preferable f= the developer to dedicate the trail access easement to the city. . Acting Mayor Mah~ld questioned if the variances required are based on the shape of the lots, rather than lot area. e . . Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 10 CASE #92-02 (Cont'd) Bergly explained the variances provide a better location f= the cul-de-sac and its aligrnnent to the third phase of the development; mostly relate to depth of the south boundary of the plat. MahOltlald questioned if the Planning CoIlllIIission included any action regarding the Park Director's recammendations f= park dedication. Bergly noted the CoIlllIIission concurred with the recammendation to dedicate the trail access to the City. Councillnember Hicks questioned if the developer agrees to dedicate the trail access. Barry O'Meara stated he agrees to dedicate the trail access. Hicks noted the suggestion that the developer dedicate some easement area around the pond for public use; questioned if that proposal is part of the action required at this time. Planner Bergly advised the suggestion was made prior to determining the developer had satisfied the park dedications for this site; indicated the suggestion should be noted for future platting in this area. Malone moved, seconded by Growe, to approve Case #92-02, Final Plat of Hazelnut Park #2 Addition, subject to the seven terms and conditions outlined in the Planning CoIlllIIission minutes of 2-5-92, and with the additional condition that a suitable turnaround for emergency vehicle access be provided, as approved by the Fire Cnief. Motion carried unanimously. (4-0) Barry O'Meara requested the minutes reflect that the park dedication f= the entire plat has been resolved. Deputy Clerk Iago noted the request and advised a copy of the minutes will be included in the case file. CASE #91-08; APPROVE FAW RPT. FOR CARDIAC PACEMAKERS, INC. Planner Bergly advised all ccnnments have been received from the public agencies desiring to comment on the Environmental Assessment W=ksheet for the parking lot expansion at Cardiac Pacemakers, Inc. Bergly explained the city has responded to the letter from the DNR and all information will be f=warded to all agencies and the Envirorunental Quality Board for their project file. He advised the fourteen conditions listed in the memorandum would be appropriate to include the council action, to substantiate that the City reviewed the letters and deemed there is no need for an Envirornnental Impact statement. Malone moved, seconded by Hicks, that council has completed the investigation of the Envirorunental Assessment Worksheet for Case #91-08, and deemed an Environmental Impact statement is not warranted, based on the findings listed in the Planner's letter dated 1-23-92, and directed staff to forward the information outlined in the letter to all appropriate agencies. Motion carried unanimously. (4-0) Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 11 . srAWS REPORl'; UNDE\TEU)PED IAND Council was referred to the Undeveloped Land Report prepared by Planner Bergly. Council acknOltlledged receipt of the annual report. . RFS. #92-12; KEITHSON POND IMPOOVEMENTS Council was referred to the Feasibility Report dated January 1992 and the letter from Engineers Terry Maurer and Mark Graham dated 2-6-92, relative to the proposed Keithson Area Holding Pond Improvementl Engineer Graham explained the Feasibility Report was prepared, as directed by Council, to retain the city's option to assess property OltlnerS contributing runoff to the holding pond. He reported on the bid opening f= the improvement; six bids were received, with a 10ltl bid of $28,840 presented by Ryan Contracting, Inc. Graham advised the options available for consideration at this time are to either accept the bids and award the contract or seek additional information by scheduling the appropriate public hearings. Council1nember Malone recommended receipt of the feasibility report and scheduling the public hearings in order to retain all options available at this time. He commented that the easements must be acquired prior to construction of the pond. The Engineer noted that the estimated total project cost is based on the 10ltl bid plus overhead costs, hOltlever, it does not include easement acquisition costs for . the Reiling property. Acting Mayor MahOltlald requested the City Attorney update the status of the easement acquisition. Attorney Filla reported the condemnation hearing in this matter is scheduled on 2-14-92; the preliminary appraisal of damages is $17,000. 00. He explained the appraiser has included additional costs for the property owner's loss of flexibility to locate the pond in another area if the site. Filla requested Council grant him authorization to indicate to the Commissioners that willingness of the City to stipulate a condition which allOltlS the owner to reconfigure or relocate the pond if necessary f= development of the site, provided the pond capacity remains the same. Council concurred to direct the Att=ney to offer the above contingency at the hearing . Acting Mayor MahOltlald asked for questions from the flo=. . Dick Foster, 4527 Keithson Drive, expressed concern that the proposed project does not appear to alieviate the flooding on his property. He noted the high water level elevation established for the 100 year event appears high. Foster displayed a drawing which outlined the pond area prior to development of the Keithson Addition; noted the reconfiguration of the pond, as accomplished in 1987. He explained that the elevation of the pond was initially 970.2 and that was changed to 969.5 when IDt 5 was split and combined to Lots 4 and 6 in the development. . . . Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 12 KEI'IHSON (cont'd) Foster advised the developer installed a dike in the ponding area in 1990, at an elevation of 973, and it is recommended that the dike area be eliminated when the pond is reconfigured. Foster also noted that the elevations should be addressed; explained the cummings property has had fill installed and the high water level should be 10ltlered to an elevation of 972. Engineer Graham advised the elevation of the invert for the outlet pipe is 969 and 1/2; noted he has discussed the elevations with Mr-. Foster and would be haWY to review the calculations with Foster. Graham noted his discussions with RCWD regarding pennit regulations; advised RCWD is reluctant to allOltl substantial grading of the pond. The Engineer offered to meet with Foster to discuss the plans and specifications and address any concerns. Acting May= Mahowald suggested the Engineer schedule a meeting with Foster to discuss concerns relating to the project. Mrs. Majors, 4521 Keithson Drive, questioned if the pond will be excavated to the proper elevation. Engineer Maurer asked for suggestions from area residents regarding the proposed excavation of the pond; would they prefer the pond to be cleaned out and excavated to the appropriate elevation, should the pond be landscaped = left in its natural state. Majors expressed a preference that the pond be excavated to the appropriate elevation. Mr-. eriInmins, 4509 Keithson Drive, requested an extension of the drain culvert to the pond, to eliminate the runoff erosion on his property. Engineer Maurer advised the staff would review the culvert and report at the public hearing. Malone moved, seconded by Hicks, to adopt Resolution No. 92-12, ROCEIVING THE FFASIBILITY REPORT AND APPROVING PlANS AND SPEX::IFICATIONS IN THE MATI'ER OF THE 1992 KEITHSON AREA HOlDING POND AND SIDRM SEWER IMPROVEMENTS. Motion carried unani1nously. (4-0) Malone moved, seconded by Hicks, to adopt Resolution No. 92-13, SCHEDULE A PUBLIC HEARING IN THE MATI'ER OF THE KEITHSON AREA HOlDING POND IMPROVEMENI'S, on Monday, March 9, at 7:30 p.m., at City Hall. Motion carried unanimously. (4-0) Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 13 . KEITHSON (Cont'd) Malone moved, seconded by Growe, that Attorney Filla be authorized to offer a stipulation when negotiating with for a permanent drainage easement for Keithson pond area, that the property 0ltl00r be allOltled to reconfigure or relocate the existing ponding area located on his property southwest of the Keithson area, when future development =, provided that the pond retains the same storage capacity as the design outlined in the area st=m drainage plans. Motion carried unanimously. (4-0) Engineer Maurer suggested formal execution of the bid contract be held, pending further modifications to the plans. RES. #92-15; 1992 PARK/TRAIL IMPROVEMENTS Council was referred to the Park Director's memorandum dated 2-6-92, relating to the proposed 1992 Park and Trail IIrprovements. Park Director Buckley advised the Parks committee recommendations as outlined in his memorandum. He suggested engineering studies be completed for the trail paving project and field improvement projects at Perry and Valentine Parks. Buckley reported on meetings with area residents to discuss the proposed improvements; five residents appeared to discuss the improvements. He indicated another meeting is proposed with the residents after the trail is staked f= viewing . . Councilmember Malone questioned the necessity of a feasibility studY, since this is a park improvement; usually the study is required when the improvement is proposed for assessment to residents. Buckley explained it is his understanding the feasibility study is requested to determine costs prior to advertisement for bids. Engineer Maurer advised the feasibility studY is the first step in the process for estimating the economic feasibility of a project; if Council is comfortable with the costs presented and the ~ture, it may be appropriate to eliminate this step and move to the preparation of plans and specifications. Malone questioned if the Park Director contacted the engineer to inquire if the feasibility study was necessary f= this project. Maurer explained the feasibility study was not discussed, only the proposed park improvements. Malone recalled this same discussion regarding the necessity of a feasibility study f= the 1991 park improvements. The Park Director stated he stands corrected. Malone moved, seconded by Hicks, to authorize the engineer to prepare plans and specifications for the 1992 Park and Trail IIrprovements. Motion carried unanimously. (4-0) . Acting Mayor MahOltlald suggested the Park Director hold another meeting with residents upon completion of the plans and specifications for this project. He questioned if the plans include s=eening along the pathway. Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 14 . TRAIIS (Cont'd) Engineer Graham stated he will meet with staff to review areas of the trail where s=eening may be appropriate. RES. #92-08; DESIGNATING SMOKE FREE CITY OONID BIDGSfVEHICLES Council was referred to the memorandum from the Clerk Administrator dated 2-6-92, recommending adopting a policy which designates City buildings and vehicles smoke-free. The Administrator advised an all staff meeting was held to discuss the policy; all employees agreed unanimously to implement the program. He noted two concerns of employees who smoke; that they be allOltled to smoke at either the front = back door of the building and, if a new city hall is constructed, a room with proper ventilation be designated for smoking. He recorrunended adoption of the proposed resolution. Acting Mayor MahaNald questioned if smoking cessation classes for employees are being requested; is Council action necessary to authorize such classes. Berger advised the classes are not part of the reconunendation at this time. councihnember Malone suggested the funds be made available if an employee requests to attend such classes; further recorrunended the liberal application of the funds, if two or three cessation classes are required. Hicks moved, seconded by Growe, to adopt Resolution No. 92-08, DESIGNATING ALL CITY OONED BUIIDINGS AND VEHICLES SMOKE FREE EFFECl'IVE . FEBRUARY 29, 1992. Motion carried unanimously. (4-0) There was discussion relating to smoking at public meetings. Att=ney Filla advised persons smoking at public meetings may be asked to leave or put out the cigarette. RES. #92-09; CDBG RmUFSI', NORI'HWEST YOUI'H & FAMILY SERVICES Council was referred to a memorandum from the Clerk Administrator dated 2-5-92 and a letter from N=thwest Youth and Family Services dated 1-24-92, relating to the request from NYFS for support of the application for a Conununity Development Block Grant. Councihnember Growe questioned if documentation is available which outlines where the monies from the grant will be distrib.1ted. Councihnember Hicks indicated the monies are to be utilized for the teen youth center, health education, etc; suggested NYSB suJ:xnit a written statement. Growe moved, seconded by Hicks, to adopt Resolution No. 92-09, IN SUProRI' OF THE APPLICATION FOR A ro1MUNITY DE\lEW~ BLOCK GRANT (CDBG) BY NORI'H\'lESI' YOUlli AND FAMILY SERVICES (NYFS) , pending receipt of a written statement from Kay Andrews which outlines services to be provided under the grant. Motion carried unanimously. (4-0) . council concurred that the Clerk Administrator may execute the appropriate document upon receipt of the written information. Council was referred to a report from the Clerk Administrator dated 2-7-92 and a letter from Attorney Filla dated 1-27-92, relating information on the meeting held with Zeos representatives regarding the business sign. SIGN; ZEDS, LEXINGroN AVE. . . . Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 15 ZEDS (Cont'd) Attorney Filla explained the city Code contains des=iptions f= two types of signs which may be located on the Zeos site; one is a "flashing" sign and the other a "changeable copy" sign. He advised that Zeos assumed the sign was changing copy, consistent with the City regulations. Filla indicated the city concluded the sign was not just a changeable copy sign, based on the frequency in which the changes oc=red, it appeared to be an animated or flashing sign. Filla stated the city code does not identify a permissible interval between the copy change; Zeos has indicated they are willing to comply with the city regulations and requested the City define the regulations f= changeable copy signs. He commented that the city may have intended all changeable copy signs be regulated under the Special Use Permit guidelines. Council1nember Malone noted the Sign Ordinance specifically states no flashing or animated signs are permitted; it does allOltl time and temperature to be displayed on signs. He questioned the interest on the part of Zeos representatives to resolve this matter, based on the fact that six weeks has P""'sgd and the sign is not in compliance with regulations. 'Ihe Attorney representing Zeos Corporation explained the company is interested in utilizing the sign as a changeable copy sign, as permitted in the Sign Ordinance. He advised the definition in the Sign Ordinance states, "changeable copy. . . including time and temperature", which indicates the definition was designed to include copy other than time/temperate. He commented that the intent may have been to allOltl businesses the opportunity to display messages, which change at certain time intervals. He requested Council consider establishing an acceptable time period at which the copy may change. Malone disagreed with this interpretation. He indicated it is his belief the intent of the regulation was only to allOltl time and temperature changes electronically, and that changeable copy signs were the manual type, rather than electronic. The Attorney representing Zeos explained the c::arrg::lal1y has received conflicting information from the city as to interpreting the definition in the Ordinance; noted the City issued a sign permit for the sign. He stated Zeos representatives are interested in resolving this matter. Acting Mayor MahOltlald noted it appears both the City and Zeos understand there is a problem and the Sign Ordinance definition may need clarification. Council concurred to direct the Clerk Administrator to contact the league of cities to determine hOltl other COI\1l\1UI1ities regulate such signs and determine what is an acceptable time-frame for copy changes to = on this type of sign. Councilmember Hicks noted the Ordinance was drafted by the Planning Corrnnission and suggested this matter be referred to Corrnnission f= research and recommendation. He suggested City staff review the Corrnnission notes relating to the discussion when the Sign Ordinance was proposed f= adoption. Council concurred to refer this matter to the Planning Corrnnission f= review and recommendation and to direct staff to research the Corrnnission minutes prior to adoption of the Ordinance for infonnation on the intent of the Ordinance. Zeos agreed that the sign will continue to remain in compliance, with only time/temperature displayed. . Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 16 ZEDS (Cont/d) Councilmember Malone reminded Zeos representatives that the company is operating without a retail sales license, pending resolution of the sign. He indicated this does not ilnply that the license will not be revoked at a later date if the sign does not remain in compliance. REJ,2UFSI'; HIRE RECORDING SEX::REI'ARY Council was referred to a memorandum from the Clerk Administrator dated 2-7-92 and the Deputy Clerk dated 2-6-92, requesting consideration to hire a recording se=etary for Council meetings. The Administrator advised he has reviewed the request and recommends hire of the recording se=etary to allOltl the Deputy Clerk sufficient time to complete additional duties assigned to her position. Councilmember MahOltlald questioned if funds are available for this service. Councilmember Malone advised the costs would be funded in Account #207; Administration. Deputy Clerk Iago advised she intends to continue staffing the meetings and briefly note Council action. Iago explained she will review the draft copy of the minutes and make any corrections necessary prior to placement on the agenda. . Malone moved, seconded by Growe, to authorize the Clerk Administrator to hire Sharla Foster to serve as recording se=etary f= the City Council meetings, effective 2/24/92, at a rate of $120.00 per meeting. Motion carried unanimously. (4-0) UPDATE; STOWE AVE. INRlRMATICNAL mG. Engineer Graham reported on the stOltle Avenue Improvement informational meeting; assessments were discussed and residents were informed they may present a petition to the City Council at a regular meeting. He indicated no petition has been received to date and no further action is necessary at this time. REPORI'; CDNDITION OF ROUND LI\KE ROAD Council was referred to the memorandum from the Public Works SUperintendent on the condition of West Round Lake Road. winkel reported the road has been deteriorating very quickly over the last few years and recommended this matter receive immediate attention. He explained that patching efforts have been futile; the culverts are frozen and the water flOltlS a=oss the roadway, washing away the patching installed. Engineer Maurer explained the improvement project would only be assessable on one side of the roadway. He noted this road has been included in the State Aid System. Maurer advised there has been no discussions with business OltlnerS in the area regarding suhnitting a petition for repair of the road. Councilmember Malone questioned if State Aid funds would be available; noted the monies were spent on Snelling Avenue. . Maurer stated that is co=ect; options would be to bo=Oltl ahead on the MSA funds or bond for the project. He advised the roadway may be a candidate for recycling. . Minutes of the Arden Hills Regular Council Meeting, 2-10-92 Page 17 IMPRVMI'. (Cont'd) Council1nember Mahowald argued that any repairs should be short term in nature, since this road has been identified to be reconfigured in the Gateway Business District study. Council concurred to direct staff to review possible options for repair of the road and hold discussions with rosiness OltlnerS regarding the possibility of petitioning for an improvement. SCHEDULE COUNCIL mRKSFSSION MIG. Council discussed rescheduling the 2/18/92 worksession meeting and items for the agenda. Malone moved, seconded by GrOltle, to schedule a Council Worksession meeting on Monday, March 9, 1992, at 6:00 p.m., to consider Department Head Goalsl Objectives and continued Item 7.0, Approval of Salary Increase - City Accountant. Motion carried unanimously. (4-0) Malone moved, seconded by GrOltle, to cancel the Worksession scheduled on February 18, 1992, at 4:30 p.m. Motion carried unanimously. (4-0) COUNCIL a::M1ENTS NEWSLEITER REroRl' The Clerk Administrator reported on meetings with Grant Pound regarding the design and content of the city Newsletter. Berger suggested Council review the materials provided this evening and make a recommendation to staff on their preference for the design. . After discussion, it was detennined that Council1nember Growe would work with staff on the design and content of the newsletter. VOLUNTEERS OF AMERICA Council1nember Hicks questioned if co=espondence was received from the Volunteers of America organization outlining their activities in the community. Berger explained he has received information from this organization and will forward same to Council in the next newsletter. REQUEST OONATION; PARKS o::MITTI'EE Council1nember Hicks advised the Parks Committee has requested authorization to "lobby" for funds donation from charitable gambling operations. Council concurred that the Parks Committee may contact the appropriate representatives from organizations operating within the city to request funds. NORI'H SNELLING AVENUE Council1nember Malone questioned if staff has recently inspected North Snelling Avenue; aJ:Pears to be "sagging". north of the McClung property. Public W=ks SUperintendent Winkel advised he will inspect the street. UITLITY RATE SIUDY Council1nember Malone questioned if the utility Rate study will be completed soon; preferred the study be submitted for Council review on March 9 . . . . Minutes of the Arden Hills Regular council Meeting, 2-10-92 Page 18 Council discussed methods of i1nplementing a proposed rate in=ease, possibly over two quarterly billing periods. The Clerk Administrat= advised he established an April 1 deadline for the city Accountant. He agreed to inform staff the study and recormnendation must be suhnitted for Council review at the March 9 meeting. SIUDY (Cont'd) SCHEDULE JOINr MTG.; SHOREVIE.W Acting Mayor Mah=ald asked if the Clerk Administrator has scheduled a joint meeting with city Officials from Shoreview . Berger advised he has not schedule the meeting to date. Mah=ald requested the Clerk contact the Shoreview City Manager to establish a few tentative dates for the meeting and report to Council. ADJOURN GrOltle moved, seconded by Hicks, that the meeting be adjourned at 11:05 p.m. Motion carried unanimously. (4-0) ~~ fill, _ Thomas R. Sa~ May= ~ 72 g~ Gary R. 1lerger Clerk Administrat= NOI'ICE OF MEEl'INGS The next regular Council meeting will be held on Monday, February 24, 1992, at 7:30 p.m., at city Hall.