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HomeMy WebLinkAboutCC 02-26-1996 , , ,- , , I I I , 1- , I I I , , I ,- I MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING FEBRUARY 26, 1996 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS 6:00 p.m. Executive Closed Session Discuss Current Negotiations with Local 49 CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Delmis Probst; Councilmembers Beverly Aplikowski, Susan Keirn, Paul Malone. Absent: Councilmember Hicks. Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Public Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; Parks and Recreation Director, Cindy Walsh; City Engineer, Greg Stonehouse; City Attorney, Jerry Filla; and Recording Secretary, Cathy Sorensen. ADOPT AGENDA Jerry Filla, City Attorney, noted that discussion of the current status of the remaining assessment appeal on County Road F should be added to an Executive Closed Session after the Regular City Council meeting. Mayor Probst noted that Items 4c and 4f of the Consent Calendar will be moved to Items 6a and 6b of the Unfinished and New Business portion of the agenda. MOTION: Malone moved and Aplikowski seconded a motion to adopt the agenda for the February 26, 1996 Regular City Council meeting as amended. The motion carried unanimously (4-0). APPROVAL OF MINUTES February 12, 1996 Correction: Page 6, Paragraph 3, Line 1, change "Mayor Probst stated that in order to avoid a no vote, no action would.be taken..." . I .e . I I I I . .~ . I I I I . . Ie I ARDEN HILLS CITY COUNCIL - FEBRUARY 26.1996 2 MOTION: Keirn moved and Aplikowski seconded a motion to approve the February 12, 1996 Regular Council Meeting minutes. The motion carried unanimously (4-0). CONSENT CALENDAR A. Claims and Payroll B. Adopt, Resolution #96-17, Supporting the Trail Development Partially Being Funded by the DNR Cooperation Trail Program and Naming a Fiscal Agent to the Cooperative Trail Grants Program C. Purchase of Park Equipment D. Amend Transfer of SWM Funds - Perry Park E. Increase in IRS Travel Reimbursement Expense MOTION: Malone moved and Keirn seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). PUBLIC COMMENTS Mayor Probst invited the audience to address the Council on any issue not already on the agenda. Mr. Craig Wilson, 1677 County Road F West, requested a schedule of upcoming utility projects that will be incorporated into the County Road F summer construction. Mr. Wilson wished to obtain any schedule that was available in order to prepare for it. Mayor Probst inquired if the City was aware of any upcoming Northern States Power or telephone company projects. Brian Fritsinger, City Administrator, and Dwayne Stafford, Public Works Superintendent, stated they were unaware of any projects at this time. Mayor Probst stated the City will do what it can to inform the residents of any proposed utility projects if this information becomes known to the City. There were no other public comments at this time. . I .e . . . . . . .. . . . I . . I .- I ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 3 UNFINISHED AND NEW BUSINESS A. Proclamation for Kevin Fuller Mayor Probst introduced a Proclamation for Kevin Fuller, recognizing him for over 10 years of service to the City of Arden Hills. Mayor Probst, on behalf of the City Council, publicly thanked Mr. Fuller for his contributions to the City, and wished him the best in his future endeavors. MOTION: Aplikowski moved and Keirn seconded a motion to approve the Proclamation for Kevin Fuller as presented. The motion carried unanimously (4-0). B. Valentine Hills Plavstrueture Request Mayor Probst stated that the Council had been ready to approve, through the consent calendar, a $500 donation towards the purchase of a new playground structure at Valentine Hills Elementary School. He stated that the item had been requested to be moved to the New Business portion of the meeting so public comments could be made. Liz Nelson, 1399 Arden Oaks Drive, stated she is the Vice President of the Valentine Hills Elementary School Parent/Teachers Association (PTA). She stated she would be reading a letter written by the PTA's President, Ms. LoAnn Crepeau, who was unable to attend the Council meeting. The letter thanked the Council for considering the PT A's request. The letter continued that the PT A began fund-raising efforts for a new playground as the current one does not meet public safety standards, as well as accommodate up to 100 children at a time. The letter stated the PT A appreciates the many partnerships the school has had in the past with the City. The letter stated that schools and parks offer a gathering place for families, and are important to the neighborhood. Ms. Crepeau requested that the City commit as much financial assistance as possible to help complete the project before school begins in the fall. Maggie Stewart, 1752 Chatham Avenue, thanked the City for providing exceptional recreational facilities for the residents to use. Ms. Stewart stated that her family as well as others have used Valentine Hills Park not only as a school park, but as a neighborhood park. Ms. Stewart requested that the Council reconsider their donation to the park project, as it will promote community and family interaction. Patty Horton, 3745 McCracken Lane, stated she is the Chair of the PTA Playground Committee. Ms. Horton stated that in order for the playground project to be a success, the committee needed financial support from the local community. She stated that in addition to monies raised by the residents, the 12 member committee contacted 45 local businesses, and has received $3,000 from the Light Brigade, $5,000 from North Suburban Youth Association, as well as other smaller donations. Ms. Horton stated they are waiting for responses from several other grant requests. She continued that the school district has offered to pay for 50 percent of the I I .e I . . . . . I. . I . . . . I .e . ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 4 installation costs, which will total approximately $16,500, as well as preparing the site and providing handicapped surfacing. She stated that the committee researched other cities' park donations, and reported that Falcon Heights donated $5,000 each to Falcon Heights and Brimhall Elementary, and St. Cloud donated $5,000 to Madison Elementary. Ms. Horton invited the City of Arden Hills to be a major contributor to Valentine Hills Elementary School playstmcture. Kathy Johnson, 3700 Chatham Circle, thanked the Council for the opportunity to speak. She stated that the Valentine Hills Park is used by the community for activities such as baseball, picnics, park plays, etc. Ms. Johnson stated that the Parks and Recreation department schedules activities and events at the Valentine Hills Elementary School as well. She continued that the current playground is not safe, as the wood structure causes splinters and is in need of repair. Ms. Johnson stated the community has committed financial support, and encouraged the Council to reconsider their donation as well. Barb Windmar, 3719 Chatham Court, stated that Valentine Hills Elementary School is used by families for picnics, Easter egg hunts, baseball, and other activities, and that teachers bring their children to the park as well. Ms. Windmar asked the Council to reconsider their donation to the park project. Susan Johnson, 3641 Snelling Avenue North, stated she wanted to emphasize the partnership between Arden Hills Parks and Recreation and the Valentine Hills School, as they hold events such as t-ball, track, and other activities. Ms. Johnson noted that the school district has not charged the Parks and Recreation department for the costs of school monitors, and the school has contributed to the paving of city walkways to the park. Ms. Johnson asked the Council to reconsider their donation to the park project. Mayor Probst opened for Council discussion. He stated he was not in attendance at the worksession where the amount of the donation was determined. Mayor Probst stated that while the staff recommendation was well considered, in light of the improvements being made at Perry Park, he would like the Council to consider increasing the contribution amount to Valentine Hills Elementary School PT A to as much as $5,000. Councilmember Aplikowski stated she had issue with the original request for $10,000 because of everything else that was occurring in the City. She stated the suggested $500 donation came from the Parks and Recreation Committee, and much discussion was held at the worksession regarding this request. Councilmember Aplikowski stated that Perry Park is the first priority at this time. . . .- . . . . . . I. I I I I I I . .e I ARDEN HILLS CITY COUNCIL - FEBRUARY 26.1996 5 Councilmember Keirn stated that the Parks and Recreation department has devised a capital plan for park improvements, and Hazelnut and Perry Park are in that capital plan. Councilmember Keirn stated that if the City had been aware that Valentine Hills Park was in need of improvements, funds could have been provided for in the capital plan fund. She stated that she did not want to see the parks fund deteriorated by a project not planned for. Mayor Probst stated that most children attend Valentine Hills as it is the only elementary school in Arden Hills. He noted that the Chatham neighborhood does not have a community park, likely because of the close proximity to Valentine Hills. Mayor Probst agreed that a $5,000 contribution is a large undertaking, but suggested looking at the five year plan to locate the money. He noted that other parks within the City receive two to three times the amount being suggested. Councilmember Malone stated he understands the residents' concerns, and noted that demand is always higher than the resources available. He stated that he agrees with the Staff recommendation of a $500 contribution as the funds are not available at this time to contribute more. Councilmember Aplikowski inquired if the City could commit a larger amount over a period of time. Mayor Probst replied that it was his suggestion to do this. Councilmember Aplikowski suggested contributing $2,500. Mayor Probst noted that no motion had been made, and asked for further discussion. MOTION: Probst moved and Aplikowski seconded, for point of discussion, a motion to allocate a $5,000 contribution to the Valentine Hills Park play structure project. Councilmember Malone inquired which fund would be used for the $5,000 contribution. Mayor Probst suggested reallocating the parks fund and re-prioritize the five year capital plan. Ms. Nelson, PT A Vice President, noted that the money is not needed until August. Mayor Probst stated the contribution would be included in the fiscal year 1996, and the month would not be of Issue. Councilmember Keirn requested the park improvement schedule order once Perry Park was complete. Cindy Walsh, Parks and Recreation Director, stated that Hazelnut Park is 12 years old, and Floral Park is between 10 and 12 years old as well. Ms. Walsh noted that the three parks have wood play structures, excluding Valentine Hills Park. Mayor Probst inquired if a larger contribution to Valentine Hills Park would delay the other parks improvements for one year. Ms. Walsh replied that was correct. I I I- I I I I I I I- I I I I I I I I- I ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 6 Mayor Probst clarified that each park is allocated approximately $15,000 in subsequent years for improvements. Ms. Walsh stated it is actually $30,000 per park. Mayor Probst inquired if park improvements could be staged. Ms. Walsh replied that it could be arranged, but noted it was more economical for installation to be done at one time rather than staging. Councilmember Keirn indicated that should the City receive any financial windfalls in the near future the Council could reconsider its donation. MOTION: Probst re-stated the motion made to allocate a $5,000 contribution to the Valentine Hills Park play structure project. The motion failed (1-3). Councilmember Aplikowski stated she was committed to contributing to the park project, and suggested an amount of $2,000. MOTION: Aplikowski moved and Keirn seconded, a motion to allocate a $2,000 contribution to the Valentine Hills Park playstructure project. The motion carried (4-0). Councilmember Malone wished to amend the motion to withdraw the contribution from the community services fund rather than the parks capital fund, as it is carefully planned and is not prepared for a withdrawal such as this. Mayor Probst stated he would support the motion, but was disappointed at the low level of funding. C. 1996 Street Improvement Project Update Greg Stonehouse, City Engineer, stated that he and Dwayne Stafford, Public Works Superintendent, met with residents of Pascal Avenue, Oak Avenue, Ridgewood Court, and Eide Circle, to gather further input regarding the 1996 Street Improvement Project. A meeting was also scheduled on McCracken Lane, however, only Mr. Stonehouse and Mr. Stafford were present. No residents attended. Mr. Stonehouse noted that residents of Pascal Avenue are concerned with street width, and recommended 24 feet be absolute minimum width. Mr. Stonehouse also noted that drainage necds to be addressed from the northern driveways and turnaround area, and mailboxes would need to be relocated along County Road E during construction. He stated that based on soil borings, complete reconstruction is recommended. Mr. Stonehouse stated that Oak A venue residents are concerned with street width as well, and isolated drainage issues will need to be addressed. He stated that residents are concerned with I I Ie I I I . I . .e I I . I I . I Ie I ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 7 the loss of their "country" atmosphere with concrete curb installation, and possible loss of the cul-de-sac. Mr. Stonehouse stated he recommends complete reconstruction of Oak Avenue as well. Mr. Stonehouse stated that drainage is the greatest concern for Ridgewood Court residents, and additional correction beyond an overlay may be necessary. Mr. Stonehouse noted that no residents were present at the McCracken Lane information meeting, and cold-in-place recycling with edge drain installation should provide an adequate solution. Mr. Stonehouse noted that Eide Circle residents' greatest concern was flat driveways into the street resulting in some potential drainage problems, as well as access [TOm Hamline Avenue. Councilmember Malone inquired if Ridgewood Court water flow could be corrected by storm sewer. Mr. Stonehouse replied that it could, with a cost of between $3,000 and $16,000. Councilmember Malone inquired if Oak A venue was originally constructed over a dirt path with Class five and then blacktop. Mr. Stonehouse replied that it was difficult to tell, but it could be a nine-inch Class five with a base bituminous overlay, or it could be a gravel road overlaid. Councilmember Malone inquired if there is water under the street. Mr. Stonehouse replied that there was, and when it freezes the street heaves. Councilmember Malone stated the long-term effect of water under a street is for the street to be destroyed. Councilmember Malone inquired if the residents want the surmountable curb. Mr. Stonehouse replied that some residents do, but not all. He continued that surmountable curbs do not contain traffic as well, allow snowplows to damage lawns, and do not solve any drainage problems. Councilmember Malone inquired how Pascal Avenue would be reconstructed. Mr. Stonehouse replied that after their preliminary analysis, they would recommend raising the north end of the street approximately one foot so it would drain south into County Road E. Mayor Probst inquired how much drainage comes from Pascal Avenue. Mr. Stonehouse replied it was between 30 and 60 percent. Mayor Probst inquired what the issue was with the cul-de-sac on Oak Avenue. Mr. Stonehouse stated that school buses currently turn around in the "T" portion of the street west of the intersection. He said it is feasible to continue this practice, but is a safety issue. . . .e . I . I . . .e . I . I I . I .e . ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 8 Councilmember Keirn inquired if Councilmember Malone received any feedback from the Fire Department regarding Oak Avenue and accessibility around the cul-de-sac. Councilmember Malone replied he had not received any feedback. Councilmember Aplikowski inquired ifthere was more than one request for surmountable curbs. Mr. Stonehouse replied there was another request in a letter, but it may be the same resident. Councilmember Aplikowski inquired if curbing will solve the drainage problems on Pascal Avenue. Mr. Stonehouse replied that a portion of it will be contained in Pascal Avenue. Councilmember Malone noted that water will still run through other areas. Mayor Probst invited residents from Eide Circle, McCracken Lane, Pascal Avenue, and Ridgewood Court to address the Council at this time. Jenny Michael, 3436 Siems Court, inquired where the water will be drained, as she lives on Lake Johanna. Mayor Probst stated there will be no more water, it will only be directed differently. Mayor Probst invited residents from Oak Avenue to address the Council at this time. Greg Smith, 1644 Oak Avenue, stated his concerns in a letter addressed to the Council (attached). Dwight Warkentin, 1666 Oak Avenue, presented the Council with a petition, signed by all the residents of Oak Avenue, not to approve reconstruction of Oak Avenue. He noted that a proposed plan was provided to him by Mr. Stonehouse before the meeting, and he felt the cul-de- sac diameter could be kept if portions of the beginning of the cul-de-sac could be altered rather than the larger diameter middle portion. Doug Vanderheiden, 1655 Oak Avenue, stated he lives on the cul-de-sac and would lose three mature trees ifreconstruction is done. He stated that it is 19 feet to the end of his driveway, not 22 as indicated by the City, and if the street was plowed there would be enough room to accommodate buses and emergency vehicles. Rachael Rushing, 1666 Oak Avenue, stated she did not want to pay for improvements she does not want, and noted she will have to redo her landscaping. She stated she understands it is in a public right-of-way, but noted the landscaping was in before they purchased the home. She also noted that her front yard is 47 feet, and if five to seven feet are removed, she will lose 1/10 of her front yard. . . .e . . . . . I I- . . I . I I I I- . ARDEN HILLS CITY COUNCIL - FEBRUARY 26.1996 9 Janie Hecht, 1620 Oak Avenue, stated she was concerned with access during construction, since Oak Avenue is a dead end. She stated she does not wish to pay more property taxes because the City feels curb and gutters improves property values. Mayor Probst stated, in reference to Mr. Smith's letter, that the issue of Oak Avenue's reconstruction would be revisited, not dropped, if the soil borings showed reconstruction was the best method. Mr. Smith inquired how the City determines right-of-ways. Mayor Probst replied that it is platted and recorded with the County. He stated that the City is not trying to destroy any improvements made by residents, but noted it is a public right-of-way. Mayor Probst stated he understood there would be no tree loss. Mr. Stonehouse stated there would be tree loss around the cul-de-sac. Mayor Probst stated there was no access problems during reconstruction on Stowe Avenue. He explained that maintaining access is a function of the contract. Mr. Stonehouse displayed an overhead of Oak Avenue, and discussion was held on how the reconstruction would appear once complete. Mayor Probst stated the concerns with curb and gutter could be addressed with surmountable curbs, with vehicles "cheating" and riding up on the curb in the area of the cul-de-sac, if necessary. Councilmember Malone stated that the Council could decide to remove Oak Avenue from the reconstruction project list, but wished to know if a compromise could be reached. Mayor Probst stated that trees could be replaced if necessary, but the fundamental issue is, should the City proceed with the reconstruction. Mayor Probst stated he would not support cold- in-place recycling, as it would not last. He noted the issue was not the amount of traffic that would cause deterioration, but water underneath the street. Councilmember Aplikowski inquired if the size of the cul-de-sac was retained, how would the buses and other large vehicles get through. Mr. Smith replied they would negotiate the turn as they have for the last 30 years. Councilmember Aplikowski stated she was struggling with the fairness of this issue. She stated that the City uses its funds wisely, and patches streets when appropriate and replaces when appropriate. I I. I I I I I I I I- I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 10 Councilmember Keirn stated that cold-in-place recycling would likely last for only five to seven years, then the issue of replacement would be open again. Councilmember Malone stated that the street will not get better, and will be destroyed by the water under it. He noted that patching the street may work for a time, but when it does deteriorate, the City may not have the funds available to repair it, and then the residents are required to pay the repair costs. Rick Shepley, 1550 Oak Avenue, inquired how wide the street was. Mr. Stonehouse replied it was 26 feet at the south end, and 24 feet in other places. He continued that a uniform width of 26 feet would be done ifreconstruction would take place. Mr. Shepley stated the width change would impact him, and he would be willing to risk that funds are not available later if the street deteriorates. Doug Vanderheiden, 1655 Oak Avenue, inquired if the street was not constructed properly. Mr. Stonehouse replied that it does not meet today's standards, but was probably constructed properly at the time. Roger Aiken, 4360 HamIine Avenue, stated he does not live on Oak Avenue, but has been in attendance at the meetings. Mr. Aiken inquired how many borings were done on Oak Avenue. Mr. Stonehouse replied they did two bo~ings, one towards the south end and one towards the north end of Oak Avenue. Mr. Aiken stated his experience with soil in the area is that it is highly marbled, and different types of soil occur quickly. He inquired if two borings provided a great enough consistency to make a proper determination. Mr. Stonehouse stated they took the borings based on elevations, and borings taken from Ridge Avenue and Pascal Avenue are similar to Oak Avenue's soil. Mr. Aiken inquired what is the main problem with Oak Avenue, either permeating water or existing ground water. Mr. Stonehouse stated it was unknown. Mr. Aiken stated that as a resident for eight years, he has not witnessed the City repairing street cracks, and felt the street life could be lengthened by repairing the cracks. Mr. Stonehouse replied that the City is currently overlaying several streets. Mr. Aiken stated the problems will still exist if the street has to be replaced. Mr. Stonehouse replied that moisture will be removed from the subgrade, so the problem will be solved. Mayor Probst inquired if Mr. Aiken had completed his questioning. Mr. Aiken stated the City should do what the residents are requesting. He also stated that the assessment policy should be reviewed before the street on his block needs repair. I I. I I I I I I I ., I I I I I I I I. I ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 11 Mayor Probst stated Mr. Aiken's impressions were not fact, and that the City is offering the Oak Avenue residents alternatives, but is also advising them money may not be available if and when the street deteriorates. He continued that it costs approximately $1 million to reconstruct a mile of street in the City. Mayor Probst stated the assessment policy directs where money should be spent, with project costs 50 percent assessed and 50 percent taxed. Councilmember Malone stated that the City sealcoats and fills cracks. Until the late 1980's this was done on a rotating basis every five years, so one-fifth of the roads were repaired each year. Mr. Aiken's street underwent crack repair and was sealcoated in 1995. Councilmember Aplikowski stated the City spends money carefully. She continued that an overall street improvement plan is in place, and when one street is passed, it alters the plan. She stated that she would like to do what the residents wish, but has to do what is best for the City overall. Mr. Warkentin stated the street is deteriorating, but their primary concern is aesthetics. He suggested tabling the issue for one year, and organizing a committee to devise an equitable plan. Mr. Vanderheiden inquired if the City has any verification that cold-in-place recycling will work. Mr. Stonehouse stated he cannot be certain it wi11last longer than seven years, but noted cold-in- place recycling is not in conformance with current standards. Brian Hecht, 1620 Oak Avenue, stated he is unsure whether to agree with the reconstruction or to forgo any improvements. He stated his concerns are most with the dips in the road and the alligator cracking, and agreed that the project should be tabled for a year. Councilmember Aplikowski inquired if tabling the issue could occur. Mayor Probst replied he was unsure. He noted that a meeting can be arranged with the engineers now to try to devise a plan to implement yet this year. Mayor Probst offered an option for the residents to pay the full cost of cold-in-place recycling. Rachel Rushing, 1666 Oak Avenue, inquired if the City was insisting on curb and gutters, or would allow the surmountable curbs. She stated she would be in favor of the surmountable curbs. Councilmember Keim suggested tabling the motion until March to further determine street widths. Mr. Stonehouse stated that bids need to be sent by late April in order to stay on schedule. Councilmember Malone suggested the residents try to devise a plan with the engineers within the next two weeks, and if not Oak A venue will be removed from the improvement project. He cited I I. I I I I I I I I- I I I I , I I ,e I ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 12 Colleen A venue as an example of a street that may be in need of reconstruction suddenly, after the winter moisture heaved the street badly. Discussion was held on the assessment calculation formula. Councilmember Malone stated an assessment meeting will be held prior to construction beginning. Mayor Probst stated the residents should identify volunteers to work with the engineers on an alternate plan, with the goal of either approving reconstruction or removing Oak Avenue from the street improvement proj ect list on March 11, 1996. Mr. Smith stated that he is confident a compromise can be reached. D. Planning Case #95-23. Bart Buetow/RLS Kevin Ringwald, Community Development Director, reviewed for the Council that the applicant is requesting approval of a preliminary Registered Land Survey (RLS) consisting of three tracts on a 1.11 acre parcel zoned R-l Single Family Residential district. Mr. Ringwald noted the Planning Commission has received considerable discussion and concern from the neighborhood regarding compatibility of the request with the adjacent neighborhood. He stated that concerns were primarily with substantial mature tree loss and lot sizes being smaller than the average lot sizes in the neighborhood. Mr. Ringwald noted the applicant had made several modifications to the RLS subsequent to the Planning Commission meeting, including providing required drainage easements, rock structure, trees to be preserved around the silt fence, and an additional snow fence located outside the tree drip line. He noted that Staff and the Planning Commission recommended approval of the application. Mayor Probst asked if there was anyone who wished to address the Council. Dorothy Pedersen, 1407 Forest Lane, stated she understood the Planning Commission's job to enforce ordinances, but noted that the ordinances were established in 1969. Ms. Pedersen stated the trees on the applicant's lots are approximately 100 years old, and are sensitive to soil compaction. She stated she is not opposed to one home being built on the land, but is opposed to two homes. Ms. Pedersen continued that 24 percent of the trees will be lost due to construction of a driveway, and 40 to 50 percent of the trees will be lost over the entire site. She noted she is a master gardener by trade, and was dismayed to learn that Arden Hills does not have a tree preservation policy. Ms. Pedersen volunteered to assist in the implementation of such a policy. She also noted that the Department of Natural Resources (DNR) states oak wilt is four times more likely in an area where development has occurred and trees are damaged. I I- I I I I I I I I- I I I I I I I I- I ARDEN HILLS CITY COUNCIL - FEBRUARY 26.1996 13 Kevin Pedersen, 1407 Forest Lane, stated he is concerned with the character and compatibility of the proposed tract. He noted the tract does meet the ordinances, but does so sparingly. Mr. Pedersen stated the setbacks for his property are 75 feet, the neighboring lots are 80 feet, and the proposed tract will be 60 feet. He noted it does meet the requirements, but will be out of context with the rest of the neighborhood. Mr. Pedersen noted the new home will be 10 to 15 feet from his house. He also stated that he had made an offer to purchase the land from the applicant, but was unsuccessful. John Rengo, E.G. Rud & Sons, noted the project was discussed at length at the Planning Commission meeting, and did not have anything further to offer. He noted that the snow fence outside the drip line will be difficult to place due to the location. Councilmember Malone stated that the land has three separate lots now, and changing the RLS to two lots would lower the value of property. He stated the zoning ordinance is appropriate for the City now, and that the owner has agreed to every condition placed by the Planning Commission recommendation. Councilmember Malone also noted that it is in the owner's best interest to save as many trees as possible, as they increase the value of his property. Mayor Probst stated that there are three lots of record with the County, and the Council cannot change that. He stated he understands the neighborhood's issue regarding the character of the neighborhood, but as long as the ordinances are met, the COlmcil is limited in the actions that they can take. Councilmember Keim inquired if more trees will be preserved than indicated. Mayor Probst replied it is a function of placement of the home. Mr. Ringwald stated the RLS shows the general building patterns, but does not have the specific floor plan or layout. He noted that additional trees may be saved, and reiterated the applicant understands the value of the trees to his property. Pat Durand, 1420 Arden Place, stated she lives behind the east lot of the proposed RLS. She stated she is concerned that the drainage will be worse if trees are lost. Ms. Durand inquired if the City can request the owner to save additional trees in order to minimize the drainage her property will receive. Mayor Probst stated he was not prepared to answer as he did not know enough about the situation, but noted the City cannot dictate a change to the flow patterns of a property. He stated that it was similar to a new owner applying for a building permit and beginning construction. Sarah Literski, 1378 Forest Lane, stated the neighborhood agrees with the Pedersens that one home on the lot would be acceptable, but two is not. I I. I I I I I I I .- I I I I I I I I- I ARDEN HILLS CITY COUNCIL" FEBRUARY 26.1996 14 Councilmember Malone inquired of the topography of the property. Mr. Ringwald stated the property drops from 938 feet to 922 feet from the rear of the property towards Forest Lane. MOTION: Malone moved and Keim seconded a motion to approve preliminary RLS subject to the conditions the following conditions: 1. Provision of the appropriate utility and drainage easements widths on the preliminary RLS; 2. Provision of a temporary rock construction entrance, as described in Exhibit C of the Staff memorandum (dated, February 7, 1996); 3. Compliance with the Zoning Ordinance, Section VI, G, 8 a and b; 4. Modification of the silt fence, such that the trees to be preserved are wholly located on one side ofthe silt fence and the area to be disturbed is on the other side of the silt fence; 5. Provision of snow fence around all trees (including their drip lines) that fall outside of the proposed building area on Tracts Band C, as shown on Exhibit A, page 1 or 2 of the Staff memorandum (dated February 7,1996); 6. Payment ofthe appropriate park dedication fees. The motion carried unanimously (4-0). Councilmember Aplikowski noted that the owner will save as many trees as possible. She also noted there are many homes within Arden Hills within 15 feet of each other. Ms. Pedersen replied not within her neighborhood. Councilmember Keim excused herself from the meeting. E. Adopt. Resolution #96-18. Approving St. Mary's BilllW Hall Premises Permit Renewal Annlication Terry Post, City Accountant, reported that the premises permits for St. Mary's Romanian Orthodox Church at the Pot-O-Gold bingo hall and the Holiday Inn will expire on April 30, 1996. Mr. Post stated that State Charitable Gambling Board requirements are premises permit renewal applications and supporting City resolutions must be reviewed and approved 60 days prior to license expiration. . I- . . . . . . . .. . I . . I . . .e . ARDEN HILLS CITY COUNCIL - FEBRUARY 26. 1996 15 Mr. Post noted that St. Mary's has submitted renewal applications, the permit investigation fee and substantiation of trade area spending compliance for the two-year period from February 1, 1994, to January 31, 1996. He also noted that staff has obtained background checks and noted no irregularities. Mr. Post noted that S1. Mary's has a strong record of trade area spending and are a credit to the community. He noted that representatives from S1. Mary's were in the audience should the COlillcil have any questions. MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution #96-18, Approving S1. Mary's Bingo Hall Premises Permit Renewal Application. The motion carried unanimously (3-0). F. Adopt. Resolution #96-19. Approving St. Marv's Charitable Gambling Premises Permit Renewal Application at Holiday Inn MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution #96-19, Approving S1. Mary's Charitable Gambling Premises Permit Renewal Application at Holiday Inn. The motion carried unanimously (3-0). G. Pay Estimate #4 - County Road F Mr. Stonehouse stated that Pay Estimate #4 for County Road F improvements is $79,837.84, and the retainage in the amount of$5,409.91 is also being returned to the contractor. Mr. Stonehouse recommended payment to Midwest Asphalt, Inc. for Pay Estimate #4 is $85,247.75. He noted that this amount brings the total retainage amount to five percent of the construction to date. Mr. Stonehouse noted that retainage has been reduced as all insurance claims have been addressed by the contractor, with the exception of the Ricke basement issue and the City Public Works claims. He noted the contractor has indicated that his insurance company has denied the Ricke claim, however, the City has not received written documentation of this decision. Mr. Stonehouse continued that the contractor has informed him he will deliver a check for all Public Works claims at the time he receives payment for Pay Estimate #4. Mr. Stonehouse stated that the remaining retainage and the contractor's performance bond are sufficient to maintain control over the contractor in order to correct or address any outstanding issues in the spring. Mr. Craig Wilson, 1677 West County Road F, stated he has issues with the repairs made by the contractor, including his concrete driveway cracking and sinking, as well as unacceptable workmanship. Mr. Wilson stated that sod was laid late in October, 1995, and was covered with sand from the construction. He stated the sod did not root properly, and suspected it would need replacement in the spring. I I. I I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - FEBRUARY 26.1996 16 MOTION: Malone moved and Aplikowski seconded a motion to approve Pay Estimate #4 in the amount of $85,247.75. The motion carried unanimously (3-0). COlmcilmember Aplikowski stated she wished the City did not have to pay the contractor. She noted that this winter has been particularity cold, and it will be difficult to know what was poor workmanship and what was caused by weather. Mr. Stonehouse noted that they anticipate 60 percent of the sod will need to be replaced. He stated that MSA street requirements do not allow sod to be placed between November 15th and May 1 st. Mr. Stonehouse stated that the contractor has a $1 million performance bond, and will be required to replace any sod that is needed. He also noted all work is guaranteed for substantial completion, and that MSA has not issued that guarantee as of yet. Mr. Stonehouse stated there is a one year warranty from the time the guarantee is issued as well. Mayor Probst noted that approximately $100,000 is currently being held from the contractor pending completion of the work. ADMINISTRATOR COMMENTS Brian Fritsinger, City Administrator, had no further comments. COUNCIL COMMENTS COlmcilmember Malone inquired if residents ofthe Arden Vista Court were willing to pay the incremental costs oftlle exposed aggregate path. Cindy Walsh replied that the residents were not. Mayor Probst noted that two of the National League of Cities meetings have been scheduled for March 11, 1996, and, therefore, would not be able to attend the City Council meeting. Councilmember Aplikowski noted that it was important for the Mayor to attend the National League of Cities meetings. Mayor Probst stated that Councilmember Aplikowski will be officiating the March II th City Council meeting. Mayor Probst stated the renaming of County Road F needs to be completed, but not immediately. Mayor Probst noted the letter from Mr. Ken Schacht, which raises the issue that residents will have to change their addresses if a renaming is done. Mr. Fritsinger stated that surveys have been sent to the residents, and the results will be forwarded in the next City Council packet. Mayor Probst stated it may be worthwhile to consider the exposed aggregate path at Arden Vista Court rather than the proposed four foot asphalt sidewalk. I I- I I I I I I I Ie I I I I I I I I- I ARDEN HILLS CITY COUNCIL - FEBRUARY 26.1996 17 Ms. Walsh stated staff has considered a four foot exposed aggregate path as an alternative to the four foot bituminous path. Mr. Stonehouse stated the incremental cost of an exposed aggregate path would be approximately $9.00 more per square yard, for a total of approximately $600.00 more. Councilmember Malone stated that the increased cost should not be of large issue to the residents. Mayor Probst stated that the aggregate rock should be offered to those residents who wish to pay for it. Mayor Probst wished to inform the residents that the activities surrounding TCAAP are not over. Mayor Probst noted that the press is suggesting TCAAP activities are over, but many opportunities for planning and site development are available within the next two years. Mayor Probst noted that he will be unable to attend the League of Minnesota Cities open house on Thursday, February 29,1996. Mayor Probst noted that Mr. Fritsinger's employment review is complete and will be scheduled within the month. ADJOURN MOTION: Malone moved and Aplikowski seconded a motion to adjourn the meeting at 10:12 p.m. The motion carried unanimously (3-0). An Executive Closed Session will be held to discuss the current status of the remaining assessme/ppea1fCounty Road F. /' / 'f /i/ (/ /' / Y .' , / /./1/ /De nis Pobst Mayor -<::'~~_._~-'-:-;/7"~::/ ',/ /~. Br(an Fritsinge; , ;-' " City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held March 11, 1996, at 7:30 p.m. at New Brighton City Hall.