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<br />Minutes of the Arden Hills Regular Council Meeting, March 27, 1989 <br />Page 4 <br /> <br />LIFT STATION (Cont'd) Hansen moved, seconded by Mahowald, that Council approve <br />the Plans and Specifications for the Cleveland Avenue <br />Lift Station as prepared by Engineer Peters, authorize advertisement for bids, <br />and set the bid opening for 1:00 p.m., Thursday, April 20, 1989 . Motion carried <br />unanimously. (5-0) <br /> <br />. <br /> <br />REPORT OF ACTING CITY ATTORNEY <br /> <br />DRAINAGE PROBLEM; <br />1680 OAK AVENUE <br /> <br />Council was referred to a memorandum from the Clerk <br />Administrator dated 2-23-89, regarding the drainage <br />problem at 1680 Oak Avenue. <br /> <br />Acting City Attorney Filla explained that he had reviewed the documents compiled <br />by Attorney Lynden and the Council minutes from 1987. He noted the Council had <br />considered special assessments for all or a portion of the improvements necessary <br />to resolve the drainage problem. Filla stated that if the project is to be <br />funded by assessment to affected property owners it would be necessary to direct <br />the engineer to prepare plans and specifications for the project, hold a public <br />hearing, and acquire the right-of-way necessary to begin the project. <br />. <br /> <br />Filla advised that Dr. and Mrs. Alberg have indicated they are willing to pay for <br />their driveway repairs as their contribution to the project. <br /> <br />Michael Daub, Attorney for the Albergs, stated the water runoff problem is <br />created as a result of the cul-de-sac elevation; he advised the weekend thaw has <br />contributed to the drainage problem. <br /> <br />, <br /> <br />Mayor Sather suggested referral to the engineer and staff to draft plans and <br />specification to resolve the drainage problem. <br /> <br />Attorney Filla advised that Engineer Peters indicated detailed plans and <br />specifications would have to be completed prior to a public hearing if Council <br />considers specially assessing the improvement, as required by Statute. Filla <br />noted that if Council proceeds with the project and does not assess to the costs <br />to the affected/benefitted properties, Peters indicated he has adequate <br />information to design the project and could obtain quotes as the project costs <br />would be under $15,000.00. <br /> <br />Councilmember Hansen stated the matter has been before Council several times and <br />she would prefer to have the matter resolved; she was unsure if the property <br />owners should be assessed and favored beginning the project immediately. <br /> <br />Council discussed the strength of legally supporting a case for assessing the <br />project to property owners, prior assessments in this area, approximate costs for <br />property owners if assessed and the time-frame for beginning the project in the <br />event a public hearing is necessary. <br /> <br />Attorney Filla advised this project would benefit the properties in the area by <br />increased property values as a direct result of the project; based on 24 parcels <br />assessed equally and project costs of approximately $15,000, an average <br />assessment would be $600-700.00 per lot. Filla was of the opinion an assessment <br />in this range could be legally supported; the city also has the option to assess <br />only a portion of the costs. <br /> <br />. <br /> <br />Mayor Sather preferred leaving all options open and pursuing the public hearing <br />process. <br /> <br />Council questioned if Albergs would be opposed to the delays caused by the city <br />to follow the public hearing process for the improvement. <br /> <br />Dr. Alberg stated he was not opposed to the timing; he explained he would not <br />complete the necessary repairs to his driveway until such time as the city <br />implements the improvement. <br /> <br />Malone moved, seconded by Growe, that Council authorize <br />the City Engineer to prepare plans and specifications for the installation of <br />storm sewer utilities in the area of 1680 Oak Avenue and submit same to Council <br />for review at their next Regular Meeting held April 10, 1989. Motion carried. <br />(Malone, Growe, Mahowald and Sather voting in favor; Hansen opposed) (4-1) <br /> <br />. <br /> <br />LEASE AGREEMENT; <br />CELLULAR ONE <br /> <br />Clerk Administrator Berger advised Council that Cellular <br />One has withdrawn the agreement at this time. <br />