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HomeMy WebLinkAboutCC 05-10-1993 . . . " MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING May 10, 1993 7:30 P.M. - City Hall CALL TQ_ORDER/ROLL CALL Pursuant to due calI and notice thereof, Mayor sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; counci Imembers Bellerl y Aplikowski, Dale Hicks, Paul Malone. Absent: Dennis Probst. Also present were: City Planner, John Bergly; City Engineers, Mark Graham and Terry Maurer; Public Works Superintendent, Dan Winkel; Clerk Administrator, Dorothy Person; City Accountant, Terry Post; and Recording Secretary, Shar Foster. AI2QJ'T AGENDA MOTION: Aplikowski moved, seconded by 10, 1993 agenda as presented. unanimously (4-0). Hicks, to adopt the May Motion carried PUBLIC HE)}.IUNGS hRQPTION OF FINAL ASSESSMENT ROLL FOR 1993__~AVEMENT MAINTENANCE IMPROVEMEN~ Mayor Sather opened the meeting at 7:33 p.m. for the purpose of conducting a public hearing on assessments for the 1993 Pavement Maintenance Improvement. Administrator Person verified publication of the notice of hearing in the New Brighton Bulletin on April 28 and May 5, 1993, and mailing to affected property owners. Council was in receipt of a memorandum from Public Works Superintendent Winkel stating that he and/or City Engineer Graham had contacted the following persons and addressed concerns they had expressed at the April 12, 1993 public hearing regarding the 1993 Pavement Maintenance Improvement: Larry McDonald, 4125 James Circle; Arlene Mitchell, 1283 Wynridge Avenue; Vincent Anderson, 1325 Karth Lake Circle; Sandra Bainbridge, 4113 James Circle; Ken Hanzalik, 1768 Venus; WaIt Harmer, 1776 Venus; Dennis Prchal, 1553 Briarknoll Drive; Chuck McCann, 1839 Venus; Gordon Fay, 1841 Gramsie Road; and Karen Whitehurst, 1575 Briarknoll. Administrator Person added that correspondence regarding the matter of assessments had also been received from Ralph Larson, 1273 Nursery Hil1 Lane; Steven Taylor, 3905 Rolling Hills Road; and James Sherman, 3946 Dellview Avenue. . . . Arden Hills Council 2 May 10, 1993 Person added that a petition, signed by many residents on Briarknoll Drive, Briarknoll Circle. and Dawn Circle had also been received requesting that the improvement include asphalt "milling" of approximately three feet along the curb and at end joints to allow the asphalt to blend evenly with the curb. She added that the petition indicates the signers would be willing to pay the additional cost for such milling. Engineer Maurer summarized the 1993 Pavement Maintenance Improvement as follows: 1) Bids were taken on April 6 for this bi.tuminous overlay and sealcoaUng improvement, 2) The lowest bidder was Schifsky and Son, 3) The total project cost is now anticipated to be $257.568.20. 4) Approximately one-half of that total project cost is to be the City's share for the project, 5) The remaining share (approximately $120,690) is to be assessed to benefiting property owners. Maurer stated that the assessment rate for this project is expected to be $2.98 per assessable front footage and $63.78 for townhouse units. He added that the adjusted front footage is calculated per the City's assessment poI icy (adopted 11/90). He explained the method of calculating assessments for corner lots and irregularly-shaped lots per the assessment policy, and gave examples to illustrate the method of calculation. Maurer stated that if an individual's assessment is less than $500, the assessment can be spread over a three year period (with interest); if an individual's assessment is more than $500, the assessment can be spread over a five year period (with interest). He added that if an individual wishes to pay the entire assessment within 30 days of the assessment hearing, there will be no interest added. Maurer stated that three primary issues have arisen with regard to assessments; the first issue relates to confusion as to lots which received notice of the assessment hearing but are not actually included in the assessment roll. He explained that it is customary to notify all property owners who may be subject to assessment, and oftentimes some of those property owners are not actually assessed. He noted that four lots received notice of the assessment hearing, but are not to be assessed. . Arden Hills Council 3 May 10, 1993 The second issue, Maurer explained, relates to applying the assessment policy calculation to irregularly-shaped 10ts and in some instances arriving at an assessment significantly higher than adjacent benefiting property owners. He recommended that for these unique situations, council establish a reasonable assessment which is similar to that of adjacent properties. The third issue, Maurer explained, relates to 10ts which fall under the "five year rule", whereby properties which have been assessed within the last five years for similar improvements are entitled to an assessment reduction. He noted the five year rule applies to two residents on Dellview Avenue and Gramsie Road. Councilmember Hicks asked if the Engineer has considered a more equitable formula for calculating assessments for irregularly-shaped lots. Maurer said he had no specific calculation formula, but would recommend establishing a front footage which would result in a reasonable assessment comparable to adjacent neighbors' properties. . Councilmember MaIone pointed out that the method of calculating adjusted front footage to determine a specific property's assessment is usually quite fair, however, in isolated instances, the result may be an assessment that significantly favors the property owner or an assessment unreasonable to the property owner. Comments from residents were invited. Comments made by citizens are as follows (not verbatim). James Sherm~~L 3946 Dellview Avenue: I do not object to a fair assessment, but I object to the city's assessment policy's method of calculating the assessment for my five- sided property. Some time ago, when sewer service was installed, I was assessed for 125 linear feet. I actually only have 71.93 feet of street frontage. (Sherman showed examples of other five-sided lots in Arden Hills and compared the result of applying the City's assessment policy's method of calculating assessments for these types of lots.) I ask the Council to consider my specific property and arrive at an equitable, reasonable assessment. . DenILt1?. Prchal, 1553 BriarknolL Our neighborhood has submitted a petition requesting additional milling along the curb. I am resubmitting an updated version of the petition which includes more petitioners; to date everyone on these specific streets has signed the petition with the exception of one homeowner who has been unavailable for signature. . Arden Hills Council 4 May 10, 1993 Ral ph Larson.., 1273 Nursery Hi 11 Lane: I be I i eve the assessment for my property should be based upon the street frontage because the benefit derived from the improvement relates to street frontage. The method of calculation of assessments per the City's assessment policy is unfair. I fear that a 1-1/2 inch overlay on the street cannot result in a smooth blending with the existing curb and gutter; it would create a ridge along the curb. If the bituminous overlay were feathered out to match well with the curb, the entire width of the street would not benefit from the overlay. The edges of the streets are in most need of repair because that is where the road has broken up the worst. In response to Larson's concerns, Maurer stated that typically, bituminous overlay is feathered to match with the elevation of the curb, however, if the residents on the street prefer "milling" along the curb and are willing to pay the additional cost, they can petition to add "milling" for their streets. . Mayor Sather reminded residents that the public hearing for the actual improvement project has already been held, that this evening's hearing relates to the assessments for the project, not the project itself. Ste~~~~lQrJ 3905 Rollinq Hills Road: I understand the method of calculating adjusted front footage per the City's assessment policy, however, in the instance of my property, that calculation results in an unfair assessment in that my property has the least linear feet of street frontage, but the proposed assessment is much higher than any of my neighbors'. I ask the Council to consider my property individually and to establish a fair and equitable assessment. Additional comments were invited; there was no response; the public hearing was closed at 8:06 p.m. . Councilmember Malone commented that if the Briarknoll Drive/Briarknoll Circle neighborhood is successful in obtaining signatures from 100% of the neighborhood, the City can take action to include that additional milling based upon the petition, without the need for an additional hearing. Note was made that the signatures on the petition would need to be verified. Administrator Person noted that she believes there is a period of a few days after this evening's public hearing in which the neighborhood can resubmit an updated petition. She offered to check with the City Attorney as to the allowed time period. . . . Arden Hills Council 5 May 10,1993 Council agreed to recess for a few minutes to arrive at fair and equitable adjusted front footage figures for the properties at issue. Council recessed at 8:19 p.m. and reconvened at 8:31 p.m. Engineer Maurer summarized the discussions which took place during the recess. He stated that a determination has been made that an appropriate adjusted front footage for the Taylor property would be 109 feet and the Sherman property would be 112 feet. Council concurred. Action to finalize the assessment roll was taken as part of the "Consent Calendar". APPROVAL OF COUNCIL MINUTES Councilmember Malone asked that the first sentence of the second-to-Iast paragraph of page five of the April 26, 1993 Council meeting minutes be revised to read: "Councilmember MaIone reported that st. Paul Water utility, from which the City purchases water, is in the process of establishing a 2j% increase for summer water rates and a 14% increase for winter' water rates," MOTION: Hicks moved, seconded by Aplikowski, to approve the minutes of the April 26, 1993 Regular Council Meeting with the revision to page five noted above. Motion carried unanimously (4-0), CONpJ;:_NT CALENDAR MOTION: Hicks moved, seconded by Aplikowski, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0), a, Adopt Resolution #93-30 - Relating to the Disposition of Real Property, old Lift station at old Highway 10 and Brueberry. b. Adopt Resolution #93-31 - Final Assessment Roll in the Matter of the 1993 Pavement Maintenance Improvement (including revisions as follows): For assessment purposes, the front footage of the James Sherman property at 3936 Dellview Avenue is to be 112 feet rather than 158.41 feet; . . , Arden Hills Council 6 May 10, 1993 For assessment purposes, the front footage of the steven and Susan Taylor property at 3905 Rolling Hills Road is to be 109 feet rather than 135.19 feet; There will be no assessments for this project for the following properties: Greg Madsen, 4255 Norma Avenue Eugenia Canaan, 1486 Briarknoll Drive Charles and Virginia Fairchild, 4242 Norma Avenue Thomas and Leann Talbot, 4250 Norma Avenue; By application of the "five-year rule", for assessment purposes, the front footage of the Paul Crosby property at 3953 Dellview Avenue will be 26.73 rather than 110.06 feet, and the front footage of the Rodney Palmer property at 1717 Gramsie Road will be 6.96 feet rather than 90.29 feet. In response to a petition by the property owners, a total of 33 properties (Briarknol1 Drive and Briarknoll Circle addresses from Snelling Avenue to Norma Avenue, and 1511 and 1497 Dawn Circle) will be assessed an additional $.67 per front foot for milling. c. Approve List of Claims/Payroll. J'U!3k(Q COMMENTS LI~)TED PARKING NEAR MOUNQS VIEW HIGH SCHOOL Mark and Becky Chapin, 3947 Rolling Hills Road, stated they live on the corner of Gramsie Road and Rolling Hills Road. They explained that there is a two-hour parking restriction on some of the streets in the neighborhood to discourage Mounds View High School students from parking in the area, however, students have found a "loop hole" by parking on Venus Avenue which is not presently subject to the two-hour parking restriction. Chapins stated that students oftentimes speed through the neighborhood to obtain parking on Venus Avenue and cross over the Chapin property in route to school, which is a nuisance. They asked Council's help in addressing this problem. . . . Arden Hills Council 7 May 10, 1993 Councilmember Hicks stated that it may be difficult to enforce the two-hour parking restriction. Chap ins stated that signage along the streets appears to be effective, but students are simply parking on the next available street. Councilmember Aplikowski commented that the school has limited parking space and school lot parking permits are difficult to obtain. She added that a two-hour parking restriction would affect property owners along Venus Avenue in that they would be subject to the two-hour parking limitation as well as students would be. She said she would not object to extending the two-hour parking restriction to include Venus Avenue if all the affected neighbors agreed to the restriction. Councilmember Hicks reminded that the two- hour parking restriction is only during the hours of 8 a.m. to 4 p.m. Councilmember Malone stated that he would be amenable to extend the two-hour parking limitation to include Venus Avenue, and he thought the matter should be forwarded to staff. Administrator Person reported that Ramsey County Sheriff's Office has promised to patrol the area mOre closely to assure adherence to the two-hour parking restriction. MOTION: MaIone moved, seconded by Hicks, to direct staff to review the parking arrangements of the roads in the Mounds View High School area and add Venus Avenue to the two-hour (8 a.m. - 4 p.m.) parking restriction. Motion carried (3 ayes- Sather, Malone, Hicks; 1 nay - Aplikowski). UNFINISHEP AND NEW BUSINESS CASE 93_-07__=__QTJ.'J:'gJj)_E F_OOD & BEVERAGE AREA RAMADA HOTEL. 1201 WEST COUNTY ROAD E Planner Bergly explained that this case involves a request by Ramada Hotel for an outside food and beverage patio proposed to be 15 feet wide and 54 feet long, accessible from the existing bar, surrounded on the west, north and east sides by existing walls of the building, with the south side open (except for a railing with a gate). Bergly noted that the proposal calls for a one-way fire access lane, which the Public Works Director has indicated is acceptable as an interim condition, but the drive should be widened in the future. . Arden Hil1s Council May 10, 1993 . 8 planner Bergly stated that the Planning Commission has reviewed this application and has recommended approval with the following conditions: 1. 3. That the drive be one-way drive and That a three-foot and the patio. That the operation be evaluated after the 1993 use season. If the owner determines that the operation was successful, changes will be made prior to the 1994 season as fol1ows (such plans to be reviewed by the Planning Commission and Council): a. The drive along the south side of the patio will be widened by eight feet. A permanent four-foot sidewalk wil1 be provided in place of the stripe on the drive. Landscaping enhancement will be made between County Road E and the outdoor eating area to lessen the traffic impact on diners. That a host/hostess station be provided at the gate if patrons are allowed to either enter or exit the patio directly without going through the restaurant/bar area. That appropriate adjustments be made in any food and liquor licenses and that the site/building plan approved in this application be attached to the liquor license. For emergency escape purposes, a gate be installed In the fence outside the patio to provide egress from the building. For security purposes, the fence outside the patio area may be more than three feet, but not more than four feet in height. Minor landscaping plans in 1993 for the area are to be approved by the City Planner. appropriately signed and marked as a allow staff to authorize. walkway be striped between the drive 2. b. c. 4. 5. 6. 7. 8. councilmember MaIone asked if the hotel is presently in compliance with the City's sign ordinance. Bergly stated that he has looked at the signage, but has not measured the signs. Bergly noted that Ramada signs simply replaced the preexisting Howard Johnson's signs. MOTION: . Malone moved, seconded by Hicks, to approve Case #93-07 for an outside food and beverage area at the Ramada Hotel, 1201 West County Road E, with the eight conditions listed above. Motion carried unanimously (4-0) . . . . Arden Hills Council 9 May 10,1993 ~ISCUSSION REGA~gJNG WATER UTILITY RATE l~~R~ASES DUE TO INCREASED SUPPLY _COSTS Councilmember Malone gave a history since the mid 1980s regarding water utility activity, water utility fund balance, and rate increases. He stated that the City, during the late 1980s charged constant water rates, which resulted in a substantial declining balance in the water fund; therefore, over the last two years the City increased water rates in an effort to correct that trend and anticipate the needs of the water fund; however, now the City is faced with the additional burden of a significant increase in the cost of water from its supplier. MaIone referred to a memo (dated May 10) he forwarded to Council which outlined the models the City used in setting the water and sewer rates in 1992. MaIone explained that Arden Hills purchases its water supply from the City of Roseville, who in turn purchases the water supply from the City of St. Paul. He reported that the City of st. Paul is planning to raise what they charge for water supply by increasing summer rates 24% and increasing winter rates 14%. He noted that increased water supply costs must be passed on to the Arden Hil1s user and would result in an increase to the Arden Hi.lls user of about 12% (summer' rate) and 8% (winter rate). City Accountant Post showed graphs illustrating water purchase costs from 1987 to 1993. He noted that costs increases have been trending upward since 1991, but it would have been difficult to predict the estimated 1993 cost increase. He also showed a graph illustrating the water utility net income results since 1988 which indicated the loss dropped significant during the early 1990s and recovered slightly in 1992. Councilmember Hicks commented that even though the City is experiencing major increases from the supplier, the City needs to set a goal to at least balance the water fund. Post noted that the City's Finance Committee has opined that the City should consider establishing a differential rate for summer and winter water use to correlate with the differential rate being charged by the supplier. Mayor Sat.her noted that there was no recommendation before Council this evening as to a specific rate structure. Administrator Person stated that she understood that Council would provide direction as t.o what components should be incorporated into the rate structure. . . . Arden Hil1s Council May 10,1993 10 Councilmember Malone stated that currently the City's residential water rate includes a quarterly standby fee, a quarterly minimum fee, and a per gallon rate thereafter. He suggested that the new rate structure incorporate a base that fluctuates in correlation with supply costs, a fixed component, and a variable component. staff was directed to prepare a recommendation as to a new rate structure and report back to Council. ANNJJAIc_l'.1W_I_'LR~1'OR.1'.hND MANAGEMENT LETTER Gary Groen, representing the City's consulting auditing firm of Abdo, Abdo and Eick, highlighted the City's 1992 Audit. Council had been provided with the 1992 Audit Report and Management Letter prepared by from Abdo, Abdo and Eick. Groen drew attention to activity with regard to long term debt for fire equipment and water tower funding, and reviewed variances and transfers in and out of the General Fund. He stated that the financial position of the General Fund is up from 1991 and is adequate. with regard to the Capital Projects Fund, he stated that the balance under the "Lexingt.on Avenue" column is planned to be used for County Road I road improvement.s. He explained act.ivity wit.hin the PIR fund. with regard to Ent.erprise Funds, he noted t.hat. cash balances are significant.ly less t.han three or four years ago, and are now at minimum levels. Council asked for various clarificat.ions and explanations relat.ive to specific funds; Groen explained. Councilmember Hicks asked for clarificat.ion of t.he first. paragraph of Abdo, Abdo and Eick's April 7, 1993 Management. Let.ter. Groen explained that the language wit.hin t.he first. paragraph is st.andard language indicat.ing that Cit.y st.aff is limited and t.he syst.em of int.ernal control would be st.ronger if duties could be furt.her segregat.ed. MOTION: MaIone moved, seconded by Hicks, t.o accept. t.he 1992 Audit. Report prepared by Abdo, Abdo and Eick. Mot.ion carried unanimously (4-0). COUNCIL COMMENTS j\OADSIDE VENDOR9. Councilmember Hicks reported t.hat. a roadside vendor was observed selling flowers wit.hin t.he Cit.y on Mothers' Day. Administ.rat.or Person st.at.ed the vendor had received approval - . . Arden Hills Council 11 May 10, 1993 from the property owner to operate at that location. Councilmember Malone commented that, with or without the permission of a property owner, there is a question as to whether it is fair to established businesses in the City to allow roadside vendors. He suggested this matter be reviewed in Council worksession. G~\JH,E TV LIAISON. Councilmember MaIone reported that Garrett Lysiak has expressed an interest in meeting with the Council at the next worksession to discuss the possibility of being the City's cable TV liaison. Malone stated that Lysiak has a great deal of technical knowledge in this area. l'lA'J:'J;;j~'LOWER PLANS AND SPECIJ"ICA'I'JON~~ Councilmember MaIone asked he water tower are ready. Winkel said he expects the will check on them. if plans and specifications for Public Works Superintendent plans and specs very soon and ~~~N1K SHAH RESIGNATION Mayor Sather stated that it would be appropriate to send a letter of appreciation to Ramanik Shah who recently resigned from the Finance Committee. Council concurred, and directed staff to forward an appropriate letter of thanks. AD J_Q{]J'1r{ MOTION: Hicks moved, seconded by Malone, to adjourn the meeting at 9:30 p.m. Motion carried unanimously (4-0). Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator NOTICE OF MEETINGS: The next Council worksession will be held May 18, 1993 at 4:30 p.m. at City HaIl. The next regular Council meeting will be held May 24, 1993 at 7:30 p.m. at City Hall.