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HomeMy WebLinkAboutCC 01-29-1996 . . .- I I . I I I It I . I . . . . .e . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 29, 1996 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:31 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Susan Keirn. Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Public Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; Parks & Recreation Director, Cindy Walsh; City Attorney, Jerry Filla; City Engineer, Greg Stonehouse; and Recording Secretary, Cathy Sorensen, ADOPT AGENDA MOTION: Aplikowski moved and Malone seconded a motion to adopt the agenda for the January 29,1996 Regular City Council meeting as presented, The motion carried unanimously (5-0). RESOLUTION NO. 96-13. PUBLIC HEARING. ORDERING THE 1996 IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE 1996 STREET IMPROVEMENT PROJECT Brian Fritsinger, City Administrator, verified publication of the public hearing on January 18 and 25, 1996, and the resident mailing was sent Mayor Probst gave an overview of the public hearing process, Greg Stonehouse, City Engineer, gave a presentation on the Pavement Management Program (PMP), which is the City's method of evaluating and rating pavement maintenance requirements. Under this program the conditions of streets are rated on a three year rotating basis, He indicated it was an objective tool, with the goal being to keep streets in good condition, Mr, Stonehouse gave a slide presentation eXplaining in detail PMP, benefits, costs, assessment policy, curb, gutter and drainage needs, street widths, and photos of various streets throughout . . .- . . . . . . ., . . . . . . . .e . ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 2 the City depicting different types of pavement distress, including Femwood Avenue, McCracken Lane, Oak Avenue, Pascal Avenue, and Eide Circle, Mr. Stonehouse explained the project schedule, including public hearings, plan approval, opening for bids (early April), assessment hearings, June, 1996, and construction startup, with finalization in September, 1996. He thanked residents for their input received at the January 9, 1996 informational meeting. Mayor Probst inquired ifthe Council had any questions for Mr. Stonehouse. Councilmember Malone inquired why curb and gutter was appropriate for Oak Avenue. Mr. Stonehouse responded curb and gutter is an integral part of the storm drainage system and the City's desire to create an urban, more uniform look He continued it is heavier and will last longer against traffic and snowplowing maintenance. Councilmember Aplikowski inquired if a road can be narrower than 32 feet and still receive curb and gutter. Mr. Stonehouse responded the state regulation is 26 feet, so it is feasible to go narrower, but he would not recommend less than 26 feet He confirmed Oak A venue currently varies between 24 and 26 feet Mayor Probst opened the Public Hearing for questions from the public at 7:51 p.m., and explained the issue this evening was not project costs, but project concept Dwight Warkentin, 1666 Oak Avenue, thanked the Council for the opportunity to speak, and stated he shares a mutual desire for quality streets. Mr. Warkentin explained that Oak Avenue is a dead end street with 27 residents that fosters a strong sense of neighborhood, He explained the street has served the resident's purposes for 29 years and agree's that Oak Avenue should be maintained, However, it should be maintained more like a village street rather than an urban street Mr. Warkentin presented the Mayor with a signed petition from the residents of Oak Avenue who oppose the widening of the street, the curb and gutter, and removal ofthe grass island, He explained the widening of the street is not needed as there is ample off street parking, and would have an adverse aflect on the neighborhood, Mr. Warkentin continued that the curb and gutter is not needed as there are no drainage issues and it would disrupt landscaping, underground sprinkling, mailboxes, etc, He continued that removing the grass island would create a trapezoid-shaped parking lot without trees, grass, as well as the fire hydrant being relocated from its central location, Mr. Warkentin indicated he contacted a civil engineer in a neighboring community, and was told a central reconstruction issue is not the appearance of a street, but the status of the subsoil base underneath, Mr. Warkentin stated he does not observe heaving or settling of the street, and . . .- . . . . . . ., . . . . . . . .e . ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 3 indicated, until core samples are taken, no decision can be made. He continued the cost of the overlay is less than the cost of replacement, and the overlay would be sufficient, Greg Smith, 1644 Oak Avenue, offered his agreement with Mr. Warkentin's comments and added the cul-de-sac island aids in public safety as it decreases speed oftraftic and should not be removed. He continued that he previously lived in Vadnais Heights and Brooklyn Park, and felt that Oak Avenue was unique and gave a rural feeling in a metropolitan area, Gloria Kuehn II, 3581 Ridgewood Road, commented that drainage correction is needed, as they are inundated with water each time there is a heavy rainfall. She indicated she did not support the overlay of Ridgewood Court at this time until drainage issues can be addressed, Mayor Probst indicated Ridgewood Court was pulled from the 1995 plan because of these drainage issues. Mr. Stonehouse indicated any improvements for Ridgewood Court would also contain solutions to the drainage issues as well. Bev and Max Stoutenberg, 1435 County Road E, indicated they are 29 year residents and agree with the comments of Mr. Warkentin. Dale Schrader, 1636 Oak Avenue, endorsed what Mr. Warkentin said, and added that reconstruction would cause a transportation burden for his handicapped sister-in-law, Kathy Burnett, 3631 Pascal Avenue, stated she was accustomed to a narrower road, and stated there is little traffic on her road, She indicated drainage problems are an issue as well, as the roadway is heaving and has large cracks, She continued that trees along Pascal A venue may be pre-Civil War trees and would be a loss to the City if damaged during reconstruction, Brian and Jamie Hecht, 1620 Oak Avenue, agreed with Mr. Warkentin's comments, and inquired how the changes would affect utilities, Mayor Probst responded if changes to utilities are needed they would be done at the time of construction, at no cost to the home owner. He continued that utility companies use reconstruction as an opportunity to update gas, electric and cable lines. Mr. Hecht indicated he has had previous problems with sewer back-up, Mayor Probst indicated if a repair is needed, evaluation will be made prior to street reconstruction, Don Erickson, 1611 Oak Avenue, indicated he agrees with the previous comments made, and stated an overlay would be sufficient, as his lot is 300 feet long. Colleen Paulus, 1462 Arden Oaks Drive, indicated there are storm drainage problems and supported the curb and gutter plans for the reconstruction of Pascal Avenue. She stated at times she has had four to six inches of water in her backyard. . . .e . . . . . . ., . . . . I . . .e . ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 4 BiII Bushnell, 1555 Oak Avenue, agreed with the comments made, and stated widening of the streets is a concern because his property has an embankment and retaining wall on it, and it would be removed if street widening occurred, Dave Reimer, 4100 Hamline Avenue North, CPI Guidant, requested the Council to reconsider the proposed work on F ernwood A venue as he believes reconstruction is drastic compared to a patch and overlay solution. Walt Seiler, 4201 Lexington Avenue, Control Data Systems, indicated Control Data is a property owner on Fernwood Avenue, and requests the Council reconsider the proposal to reconstruct. Mayor Probst closed the public hearing at 8:25 p.m. Mayor Probst stated he understood the concerns on Oak Avenue, and had an opportunity to look at the cul-de-sac island, Mr. Stonehouse indicated the island could be accommodated. Mayor Probst noted that the City has no intention to create an urban setting or to change the character of any neighborhood. Councilmember Hicks inquired if core sampling is a standard practice. Mr. Stonehouse responded it was, Councilmember Hicks noted the PCI ratings were very different, and based on observation, would an overlay be sufficient. Mr, Stonehouse responded that upon observing the "alligator" cracking, an overlay would allow the cracks to probably show in a short period of time, Councilmember Hicks inquired as to what conditions are looked for in core samples, Mr. Stonehouse responded that results would be similar to the Keithson Drive project in 1992, that utilized cold-in-place recycling rather than reconstruction because of the quality of the sub-base, Councilmember Hicks clarified that, should reconstruction occur, residents will not lose property, as the front portion of the front yard is right-of-way property. Councilmember Malone agreed with Councilmember Hicks that Pascal A venue has severe drainage problems, and would not support Fernwood Avenue being rebuilt. He expressed his concern that two roads, Round Lake and Dunlap, became almost impassable and necessitated a property owner petition for overlay work to be done, He said once a road deteriorates past a point, it deteriorates quickly, and ifthere isn't any money in the budget that could be a real concern. Councilmember Malone indicated Oak A venue may be a candidate for cold-in- place recycling if the core sampling supports this approach, . . .- . . I . . . .~ . . . . I . . .e . ARDEN HILLS CITY COUNCIL - JANUARY 29. 1996 5 Councilmember Aplikowski indicated she understood wanting to preserve the cul-de-sac, and questioned why curb and gutter is not wanted, She indicated agreement with Councilmember Malone not to spend money on repairs, only then to go back again for more costly reconstruction. Councilmember Keirn inquired if the street allows parking on one side only. Mr. Stonehouse responded parking is allowed on either side. Councilmember Keirn noted if the street is narrowed, then off-street parking will be limited, Mayor Probst suggested recommendation on each PMP category and street. He verified the Council was in agreement on seal coat options, Mayor Probst summarized that Ridgewood Court had drainage issues, and offered a commitment to review proposed solutions with the residents, Councilmember Malone verified that no street improvements will be made until the drainage issue has been resolved, Mayor Probst noted no one represented Eide Circle residents, and verified it would be reconstructed, Councilmember Malone noted a resident has a home occupation nursery and had requested a directional sign during construction, Mayor Probst summarized that reconstruction plans for Oak A venue would be changed to reflect a width of 26 feet, the island would remain, and it would be determined by core samples if cold- in-place recycling would be feasible. He continued, if recycling is not a viable option, then Oak Avenue will be revisited for the reconstruction of this street. COlillcilmember Hicks suggested the same procedure be used on Pascal as Oak Avenue, He noted Pascal A venue has less traffic then Oak Avenue. Councilmember Hicks inquired ifMSA funds are lost if funds are not used as planned. Mr. Stonehouse responded that funds are not lost, but they are not released as quickly if work is not performed, Mayor Probst noted the cost of street reconstruction is approximately $1 million per mile and the City has only budgeted about $150,000 per year, so it has to be spent carefully, He continued the City, in the distant past has not done a good job on preventative road maintenance, but the Council is now committed to doing so, MOTION: Malone moved, seconded by Hicks, to adopt Resolution No, 96-13, Ordering the 1996 Improvement and Preparation of Plans and Specifications in the Matter of the 1996 Street Improvement Project. This would include all streets identified in Alternate 2 of the Feasibility Study with the addition of Eide Circle and the following amendments: Fernwood Avenue be removed from the plans; . . .e . . . . . . .~ . . . . . . . .e . ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 6 Ridgewood Court be evaluated for drainage issue solution; Oak Avenue plans include the cul-de-sac island, 26 feet width, and core samples and cold-in-place recyling be considered; Pascal A venue plans indicated decreasing the width to minimize landscaping impact; and the reconstruction of Eide Circle as proposed, Motion carried unanimously (5-0), Mr. Fritsinger clarified that curb and gutter will not be installed unless reconstruction occurs. A gentleman in the audience thanked the Council for listening to the resident's concerns, RESOLUTION NO. 96-08. PUBLIC HEARING. ENABLING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY Mr. Fritsinger verified publication of the public hearing on January 18 and 25, 1996. Mr. Fritsinger gave a presentation on the background and powers of an Economic Development Authority, The purpose of creating the EDA is to assist the City with its economic development efforts at the Gateway Business District and potential TCAAP projects, Mayor Probst opened the hearing for public comment at 9:05 p.m, Mr. Roger Aiken, 4360 Hamline Avenue North, inquired as to the haste in establishing an Economic Development Authority (EDA) and the purpose of it. He continued that Arden Hills is a small city, and there is no pressing need for an EDA. Mayor Probst responded there was no pressing need, but the creation of an EDA would provide another tool that will be used in conjunction with TCAAP, Gateway Business District, and other properties, He continued that an EDA has been discussed for several years and the Council is now ready to consider creating this entity. Mr. Aiken inquired of the amount of salary compensation for the board members. Mr. Fritsinger outlined the activities of the board, and indicated no additional compensation has been discussed, as tlle City Council would be the EDA board. Mr. Aiken inquired if that at some point compensation would be made, Mr. Fritsinger indicated that his recommendation at this time was for no compensation and that his experience in working for several other cities is that the EDA Board is not compensated, Mr. Aiken indicated an EDA would reduce resident input, as well as create a close relationship with businesses, Councilmember Malone inquired if an EDA is subject to open meeting law, Mr. Fritsinger indicated it is. . . .- . . . . . . .~ . . . . . . . .e . ARDEN HILLS CITY COUNCIL - JANUARY 29. 1996 7 Craig Wilson, 1677 W. County Road F, indicated not all EDA business is conducted in the background, and read a portion of Minnesota State Statute that states compensation and reimbursement shall be paid in an amount to be determined, Mayor Probst closed the public hearing at 9:15 p.m. Councilmember Keim indicated compensation is not a underlying factor, and stated she was insulted that the EDA is viewed in this fashion. She also noted the Planning Commission is not compensated. Councilmember Aplikowski indicated the EDA topic has been discussed over the last five years, and will be a good way to expedite development. Mayor Probst indicated his disappointment in the concerns raised against the EDA, and felt it is simple logic to create an EDA as one more tool available for the City's use, Mr. Aiken inquired if other EDA's were examined in the northern suburbs, Mayor Probst indicated there was no exhaustive examination of other EDA's, MOTION: Malone moved, seconded by Hicks, to adopt Resolution No, 96-08, Enabling the Establishment of an Economic Development Authority, The motion carried unanimously (5-0), A recess was taken at 9:20 p.m, Council re-convened at 9:24 p.m. APPROVAL OF MINUTES January 9, 1996, Regular City Council Meeting: Page 9, last line, corrected to read "including being a significant Park Fund contributor. " Page 10, third paragraph, corrected to read" ...all profits from this establishment go as grants to Teachers within District 621 for special projects. " MOTION: Malone moved and Keim seconded a motion to approve the corrected minutes of the January 9, 1996 Regular City Council Meeting and the January 16, 1996 Council Worksession Meeting, The motion carried unanimously (5-0). . . .- . I I I I . ., . I . I I . I .e I ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 8 CONSENT CALENDAR A. Insurance Agent of Record Services B. Claims and Payroll MOTION: Hicks moved and Malone seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0), PUBLIC COMMENTS Mayor Probst invited the audience to address the Council on any issue not already on the agenda, There were no public comments at this time. UNFINISHED AND NEW BUSINESS A. 1995 Street Improvement Project: 1) Chan~e Order #2 and 2) Pay Estimate #3 Mr. Stonehouse requested approval of Change Order #2 for the 1995 Street Improvements Project (Stowe Avenue). He explained the reason for the change order is to cover both additional and deleted work times that were added or deleted after the contract was let for the project, and the total net amount of the change order is $1,514.00, which increases the total contract amount to $375,897.79, approximately $20,000 less than the original contract Mayor Probst inquired if the cap amount was raised. Mr. Stonehouse indicated the cap amount did not change because items were deleted from the contract Mayor Probst inquired regarding the reason for the change. Mr. Stonehouse replied it was due to a ruptured water main that delayed the contractor. Mr. Stonehouse reviewed the pay estimate 01'$69,582.69 for 1995 Street Improvement Project, which will bring the total construction cost to date to $339,701,75, MOTION: Malone moved, seconded by Hicks, to approve Change Order #2 and Pay Estimate #3, The motion carried unanimously (5-0), B. Adopt Resolution No. 96-14. Approving the Plans and Specifications and Orderin~ the Advertisement for Bids in the Matter ofthe 1996 Bike Trail Imnrovement Project . . .- . . . . . . .e . . . . . . . .e . ARDEN HILLS CITY COUNCIL - JANUARY 29 1996 9 Mr. Stonehouse reviewed for the Council that plans and specifications for the 1996 Bike Trail Improvement Project have been prepared and are ready for bid, Councilmember Malone suggested the residents be informed of the stepping stones, Cindy Walsh, Parks and Recreation Director, agreed to inform the residents. Councilmember Keirn inquired of the two plans for the wetland area. Mr. Stonehouse noted the trail will be built either way, because the potential changes to State wetland mitigation law, He noted a type of boardwalk could be considered, but added this would not be supported from an engineering standpoint MOTION: Hicks moved, and Malone seconded a motion to adopt Resolution No. 96-14, Approving the Plans and Specifications and Ordering the Advertisement for Bids in the Matter of the 1996 Bike Trail Improvement Project Motion carried unanimously (5-0). C. Charles Perry Park Reconstruction Project: 1) Change Order. 2) Pay Estimate #4. and 3) SWM Transfer of Funds Mr. Stonehouse reported Change Order #1 includes minor additional work item accomplished by the Contractor after the contract was let, totaling $5,982.00, and increases the total contract amount to $314,358,00, He continued that a request for Pay Estimate #4 in the amount of $30,713,60 for pavement and striping of the parking lot is being made, as well as SWM Fund Eligibility request from MSA for $27,315,60, Councilmember Aplikowski noted a minor typing error on the report; Mr. Stonehouse will adjust Councilmember Malone noted the original estimate was $250,000, substantially under the $360,000 final contract Councilmember Keirn inquired ifno improvements were made to the park, would the drainage still need to be corrected. Mr. Stonehouse replied that at some point it would have needed to be corrected, as well as the central area near ballfields, MOTION: Hicks moved, and Aplikowski seconded a motion to approve Charles Perry Park Reconstruction Project; 1) Change Order, 2) Pay Estimate #4, and 3) SWM Transfer of Funds. Motion carried unanimously (5-0), Councilmember Malone requested that the final financial report of this project reflect total costs without a reduction for that portion funded by the Surface Water Management Utility. . . .e . . . . . . .~ . . . . . . . .- . ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 10 D. AdoDt Resolution No. 96-15. Approving North Suburban Youth Association Charitable Gambling Premises Permit Applicant at Big Ten Terry Post, City Accountant, reported to the Council that the North Suburban Youth Association (NYSA) submitted two premises permit applications for the Big Ten Supper Club, which included leases with the owner of the Big Ten Supper Club. Mr. Post explained the reason for the two resolutions was the need for the premise permit to be approved in coordination with the State license which begins April I, 1996, Mr. Post noted the proper filing and background checks have been completed, and recommended approving the premises permit applications, MOTION: Keirn moved, seconded by Aplikowski to adopt Resolution No. 96-15, Approving North Suburban Youth Association Charitable Gambling Premises Permit Applicant at Big Ten Supper Club. The motion carried unanimously (5-0). Mayor Probst noted a mixed history of various charitable organizations, and encouraged the NSY A to invest in the community, Mr. Bob Matson, representative ofNSY A, noted support to all Independend Schools in District 621 and 623 areas, He continued they have donated to Perry Park with additional grants being considered and appreciated the opportunity to operate in the City. E. Adopt Resolution No. 96-16. Approving North Suburban Youth Association Charitable Gambling Premises Permit Application at Bil!: Ten MOTION: Keirn moved, seconded by Aplikowski to adopt Resolution No. 96-16, Approving North Suburban Youth Association Charitable Gambling Premises Permit Applicant at Big Ten Supper Club, The motion carried unanimously (5-0), ADMINISTRATOR COMMENTS Mr. Fritsinger noted the NLC conference is March 9-12, 1996. Shoreview and New Brighton are sending representatives and are interested in scheduling meetings with our Congressional delegates. Mr. Fritsinger asked if anyone would like to attend; he noted last year the Mayor attended, Mayor Probst will check his schedule to see if he can attend, Mr. Fritsinger indicated a survey is being conducted on the renaming of County Road F, and no overall consensus has yet to be determined, Mr. Fritsinger noted the survey is not complete, but two reoccurring names were Valentine Road and Mustang Road, Mr. Fritsinger will send the survey results to the Public Safety Committee, I I Ie I I I I I I -. I I I I I I I I- I ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 11 COUNCIL COMMENTS CounciImember Malone reported he has met with the Metropolitan Council and is arguing a base amount be allocated to fund the Mandated Comprehensive Plan update, Councilmember Aplikowski noted the retirement of Dick Fregeau from the Public Works and Safety Committee and thanked him for his service. Councilmember Aplikowski indicated that the Parks Committee had discussed giving funds to Valentine Hills Elementary School, but they indicated a need to take care of Perry Park before money is given in other areas, Councilmember Aplikowski stated that Mr. McDermott talked to her at church to discuss the planned street improvements occurring on his block. Mr. Fritsinger noted a street rating list was available at the information meeting, and will be updated again in three years. He added that streets not completed at the end of 1996 may be first scheduled in 1997, Councilmember Aplikowski noted it is a mute point now, but said she would suggest giving residents more lead time to plan to pay for future improvements before they occur. Councilmember Keirn wanted verification of the next Human Rights Committee meeting, and noted Sushila Shah is no longer willing to be the Committee Chairperson, Mayor Probst commented on the Highway 96 project proposal, and that the County will ask Staff to clarify by February 12th, He asked if a County representative should be at the next Council Meeting, Mayor Probst inquired if there was any ordinance that prohibited motorcycle races on Lake Johanna, He commented that races were held over the weekend, creating a noise disturbance. Mr. Fritsinger will have Ms. Walsh follow-up, Mayor Probst noted he will not be at the February 20th Worksession. Mayor Probst added his congratulations to Mr. Fregeau, and noted Mr, Stafford will be sending a letter to him thanking him for his service. ADJOURN MOTION: Malone moved and Keirn seconded a motion to adjoum the meeting at 10:02 p.m. The motion carried unanimously (5-0), I . .1 . . . I I I .. I I I I I I I I~ I ARDEN HILLS CITY COUNCIL - JANUARY 29.1996 12 EXECUTIVE CLOSED SESSION It was noted Executive Closed Session was held to discuss the Wilson assessment appeal and Union nego ations, which are both exceptions to the open meeting rule per City Attorney, Jerry Filla, /;1fL Brian Fritsinger City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held February 12, 1996, at 7:30 p,m., at New Brighton City HalL