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HomeMy WebLinkAboutCCP 07-27-1992 ~. 1\GENDA . ARDEN JIILI8 CITY CXXJN::IL MEETIIG (Xl(N:IL amMBERS ~Y, JULY 27, 1992, 6:30 P.M. 1- CALL TO ORDER/ROLL CALL 6:30 P.M. 2. AGENDA 1\OOPl'ION 3. DISCUSSION WI'11I PUBLIC RElATIONS a:MPANY 4. REPORI' :F'Rrn: AROIITECI' PROBS!' 5. APPROVAL OF JULY 13 CDUNCIL MINUl'ES 6. CONSENT CALENDAR a. ' Accept Resignation of City Treasurer Frank Green. b. Adopt Res. No. 92-50 - Cc:m1nlerrlin:f Frank Green. c. Adopt Res. No. 92-51 - Approving Transfer of OWnership of North Central Cable communications Corporation. d. Adopt Res. No. 92-52 - Calling for Redemption of outstanding General Obligation Advance Refunding Bonds of 1985. e. Approve List of Claims/Payroll. 7. PUBLIC c:x:M1ENI'S . PllBLIC HEl\RIN3: 8. IMPROVEMENI' HEARING FOR ARDEN PIACE (OON!'INUID :F'Rrn: 6-29-92) . 7:30 I'M A. Adopt Res. No. 92- 53 - Ordering Preparation of Plans and Specifications in the Matter of the Arden Place Drainage IIr[lrovement. 9. UNFINISHED AND NEW BUSINESS A. Request to Hire city Accountant Terrance Post. B. Adopt Res. No. 92-54 - Transfer of F\lndS by Telephonic Instructions . C. Adopt Res. No. 92-55 - Designating Depositories and Corporation , Auth=ization. D. Reschedule August 10 Regular Council Meeting to August 17, 1992. 10. OOUNCIL <XlMMENrS 11. PERFORMANCE EIlAllJATION FOR PARK DIRECI'OR - CLOSED SESSION 12. ADJOURN AmJsr MEEI'INGS August 5 - Planning Comrn, 7:30 pm August 25- Park & Rec Comrn, 7:30 pm . August 17- council Mtg, 7:30 pm August 27- Finance Comrn, 7:30 pm August 20- Public Sfty/Wks, 7:30 pm August 31- Council Mtg, 7:30 pm .- . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING July 13, 1992 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Councilmember Mahowald called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Dale Hicks, Thomas Mahowald, Paul Malone. (Mayor Sather joined the meeting at 7:33 p.m. under "Public Hearings"). Absent: Councilmember JoAnn Growe. Also present were: City Attorney, Jerry Filla; City Planner, John Bergly; City Engineer, Terry Maurer; Parks Director, John Buckley; Public works Superintendent, Dan Winkel; Acting Clerk Administrator, Catherine Iago; Recording Secretary, Foster. ADOPT AGENDA Acting Clerk Administrator Iago advised that Attorney Balyk representing agenda item 7D "Discussion of Draft Interim Use Agreement & site Plan Review for What-A-Racquet Sports Club" . has advised that item 7D may need to be moved to later on this evening's agenda to allow for his attendance. Note was made that agenda item 7G (Consideration of Resolution No. 92 - 48) has been revised by the City Engineer and split into two Resolutions (No. 92-48 and 92-49). MOTION: Hicks moved, seconded by Malone, to adopt the July 13, 1992 agenda as amended relative to items 7D and 7G. Motion carried unanimously (3-0). APPROVAL OF COUNCIL MINUTES MOTION: Malone moved, seconded by Hicks, to approve the minutes of the June 29, 1992 Regular Council Meeting as prepared. Motion carried unanimously (3-0) . CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (3-0). a. Adopt Resolution No. 92-46 Relating to . Reapportionment of Assessments Relating to Improvement No. 91-BITOLAY (1991 Bituminous Over! ay) . b. Approve Estimate #1 - 1992 Tiller Lane Improvements. Arden Hills Council 2 Jul y 13, 1992 . c. Approve Pay Estimate #4 for 1991 North Snelling Avenue Improvements. d. Adopt Ordinance No. 289 Relating to Residential Recycl ing Fees. e. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. PUBLIC HEARINGS KEITHSON POND ASSESSMENT HEARING CONTINUED FROM JUNE 29. 1992 Mayor Sather joined the meeting at this time. Mayor Sather reopened the meeting at 7:33 p.m. for the purpose of continuing a public hearing on Keithson Pond Assessments. Engineer Maurer stated that information regarding Keithson . Pond Assessments was provided at the June 29, 1992 Counci 1 meeting. Councilmember Mahowald asked if there is any new information regarding properties contributing to the Keithson drainage problem. Engineer Maurer stated that in reviewing the properties, MSA believes the information given at the June 29 meeting as to which properties contribute drainage and are thus subject to assessment is correct. He added that it has been determined that the townhomes in the area do not significantly contribute drainage. Councilmember Hicks asked if the current plan, at a cost of $8,000 - $13,000, will adequately correct the existing drainage problem. Ma~rer said the plan would address the existing problem, and the design would provide for overflow to cross the Reiland property. He added that further development of the area would cause additional run-off, and at some point the pond will fill up and the run-off would flow at a higher rate and volume across the Reiland property. Councilmember Hicks questioned whether an easement would be necessary if the retention pond were designed properly. Attorney Filla said the Reiland property owner would argue . that the City does not have the right to use his property without an easement. Councilmember Malone said the original intent was to drain across the Reiland property, but it is not known whether that would have worked. He added that it . Arden Hills Council 3 Jul y 13, 1992 appears that there is now an improved plan to address the problem. councilmember Malone reminded that the appraiser has determined that a $1,500 per lot assessment would be justifiable to benefiting lots. He commented that in viewing the topographical maps of the Keithson area, it appears that lots on the eastern side of the street contribute about 50% of their drainage to Keithson pond, lots on the western side of the street contribute 100% of their drainage to the pond, and one lot on the north contributes about 25% of its drainage. In light of this observation, he suggested that the western lots be assessed at 100%, eastern lots at 50%, and the one north lot at 25% of $1,500. Councilmembers Mahowald and Hicks concurred. MOTION: Malone moved, seconded by Hicks, to determine that the Keithson Pond project provides the following benefits in storm water run-off, and assessments are to be run over a five year period and calculated on the basis of 100% being equal to $1,500 per lot. - 100% benefi t ($1,500 assessment) to lots with . addresses 4527, 4521, 4509, 4503 Keithson Drive; - 50% benefi t ($750 assessment) to lots with addresses 4504, 4510, 4516, 4522, 4528, 4534, 4539 Keithson Drive; - 25% benefit ($375 assessment) to lot with address 4540 Keithson Drive. Motion carried unanimously (4-0). Council questioned when construction would begin. Engineer Maurer stated the City has the right of entry to begin proceeding with the work upon notification of the contractor. Attorney Filla concurred. UNFINISHED AND NEW BUSINESS ORDINANCE 288 - DEVELOPMENT MORATORIUM City Planner Bergly advised that after several months of discussion, the Planning commission has recommended that Council adopt a development moratorium, via adoption of Ordinance 288, for a one-year period in order to provide time for a comprehensive review of the City's zoning regulations. MOTION: Malone moved, seconded by Hicks, to adopt Ordinance 288 . Establishing a City-Wide Development Moratorium for one year. Motion carried unanimously (4-0) . Arden Hills Council 4 July 13, 1992 . CASE 92-06 - AMEND SUP - AMOCO OIL City planner Berg1y gave the following background with regard to a request for a car wash at Amoco Oil, 1306 West County Road E: - The Planning Commission, at their June 1992 meeting, reviewed the request but had several concerns and recommended denial. - Following that meeting, the applicant and staff worked out a different layout for the car wash which meets all ordinance requirements without the need for a variance. - The revised plan calls for the car wash to be detached and handled as an accessory building. - The station has about 20 parking stalls on the site, and is required by code to have 16 stalls. However, because the station has had the need for more parking, a long-term parking agreement with the adjacent restaurant exists. - Planning Commission reviewed the revised plan on July 1, 1992 and recommended approval of the amended special use permit with 11 conditions, and subject to the applicant submitting the parking lease and title of the . property for review by the City Attorney. Councilmember Malone asked if concerns regarding stacking of vehicles entering the car wash have been addressed. Bergly said that stacking of vehicles using the revised plan does not appear to be a potential problem, that during peak car wash use, vehicles can be stacked on site without interfering with traffic on County Road E. Bergly added that the revised plan exits car wash vehicles quite a distance from County Road E, which should eliminate potential icing of County Road E during cold weather. Councilmember Malone noted that the parking agreement between Amoco and the adjacent restaurant runs month to month and only until July 1994. Attorney Filla recommended that condition 6 of Planning Commission's approval, (addressing the parking agreement), read as follows: "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking requirements of the station. The parking agreement shall provide 20 addi tional spaces. In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking . spaces, inc1 uding, but not limited to, the reduction in the intensity of the use." . Arden Hills Council 5 July 13, 1992 Harry Schroeder, architect for Amoco, explained that currently the additional parking has been required since there is more demand for the service garage than can be handled. By adding a third service bay to the station, more service work can be performed in a quicker fashion, thus fewer cars will be parked. Counci1member Mahowald said theoretically that may be so, however, he preferred using the language suggested by Attorney Filla relative to condition 6. counci1member Mahowald asked if the concerns expressed by the adjacent dental office have been addressed. Berg1y said the dental office concerns related to trespass light from the car wash, and the new layout eliminates that potential problem. MOTION: Malone moved, seconded by Hicks, to approve the amended SUP for Amoco Oil Company, 1306 West County Road E, (Case 92-06) subject to: - Ten conditions spelled out within the July 1, 1992 Planning commission minutes, condition 6 to read: . "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking requirements of the station. The parking agreement shall provide 20 additional spaces. In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking spaces, incl uding, but not limited to, the reduction in the intensity of the use.", and, - Proof of parking lease between Amoco and the adjacent restaurant and title for the property be provided to the City Attorney for his review and approval. Motion carried unanimously (4-0) . CASE 92-12 - MINOR SUBDIVISION - ALPO City planner Berg1y outlined the existing 14.88 acre property at 4251 Fernwood Avenue North, which the owner is proposing to split into two nearly equal sized parcels, one for the Alpo Pet Food site and one vacant parcel. He added that there is a slight discrepancy in the lot descriptions which will need to be cleared, but Planning Commission's . position was that the intent was obvious and acceptable and the attorneys could work out the lot description details, therefore, they recommended approval of the minor subdivision with six conditions. .- Arden Hills Council 6 July 13, 1992 . In response to Council questions, Bergly stated that one possible use of the newly created vacant parcel would be that CPI would purchase it for parking purposes. Parks Director Buckley stated that perhaps the City trail could then connect to CPI property. Mike Nordstrom, representing Grand Met/Alpo Pet Foods, said that condition 2 of the Planning Commission is that park dedication requirements be determined and either dedicated along with the division or paid prior to filing. He asked if it would be possible to wait until the newly created parcel is developed in order to allow input from a new owner. Attorney Filla stated that typically park dedication fees are imposed as part of a lot spli t. In order to accommodate Me Nordstrom's request, he suggested that before the City stamp the deed, it include notations as to the need to satisfy park dedication. MOTION: Hicks moved, seconded by Mahowald, to approve the minor subdivision/lot split, (Case 92-12) with the six conditions spelled out in the July 1, 1992 Planning . Commission minutes, condition 2 to read: "Park Dedication requirements are to be determined, and the deed for the newly created vacant parcel is to be stamped with a notation that park dedication requirements must be satisfied before issuance of a building permit. " Motion carried unanimously (4-0). INTERIM USE AGREEMENT/SITE PLAN WHAT-A-RACQUET SPORTS CLUB Attorney Filla stated that rather than litigate this issue, he and Attorney Balyk, representing Dennis FosterjWhat-A- Racquet Sports Club, have discussed the possibility of entering into an interim use agreement which would allow Mr. Balyk's client to construct a tennis facility for a five year period. Council was provided a copy of the draft interim use agreement. Filla explained that the agreement allows for a three year extension at the end of the initial five years, provided the developer requests the extension 90 days prior to expiration of the initial five year period, and provides data or information in a form acceptable to the City which indicates that: . 1) The developer has made a good faith effort to obtain financing for a permanent structure but is unable to obtain such financing, and, . Arden Hill s counci 1 7 Jul y 13, 1992 2) The developer needs additional time to repay debt incurred to construct the project. Attorney Filla drew attention to the fact that the language requires the developer must meet both requirements. Councilmember Malone commented that the interim use agreement appears to match Council's intent. Mayor Sather asked what would happen if financing for this project falls through. Filla responded that the developer must satisfy the terms and conditions of the agreement within 60 days or must comply with the City's ordinances (including development moratorium) unless Council excludes this issue from the moratorium. MOTION: Malone moved, seconded by Hicks, to authorize the Mayor and City Administrator to execute the Interim Use Agreement between the City and Dennis Foster/What-A- Racquet Sports Club. Motion carried unanimously (4-0). . MOTION: Malone moved, seconded by Hicks, to approve the site plan (Case 92-09) for Dennis Foster/What-A-Racquet Sports Club, subject to execution of the Interim Use Agreement. Motion carried unanimously (4-0). Councilmember Hicks commented that in discussions with the developer, the developer has suggested 8% park dedication fees, and delaying payments until December, 1992 with prime rate interest. Hicks added that the land value, as determined by the developer's appraiser is $420,000. Hicks stated that he would prefer a 10% park dedication fee but would be agreeable to delayed payments with prime rate interest. Council concurred. councilmember Malone commented that although the What-A- Racquet building is to be a recreational use, it is also a profit business, and is therefore subject to park dedication in the same manner as any other building permit. RESOLUTION 92-46 ACCEPTING BID 1992 COLD IN PLACE RECYCLING PROJECTS Engineer Maurer stated there were three bids received July 9, 1992, on the 1992 Street Cold In place Recycling . Improvements, of which the lowest bid was $82,948.10 from Ashbach Construction. He added that this low bid is 30% under the engineer's estimate" and that bidder has received good references from Ramsey County and the State of Minnesota for similar work done in those jurisdictions. Arden Hills Council 8 July 13, 1992 . Council was asked to accept all bids, by adopting Resolution 92-46; action to award the contract to be accomplished at a later time. MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-46 Accepting Bids In The Matter Of The 1992 street Cold In Place Recycling Improvements. Motion carried unanimously (4-0) . RESOLUTION 92-47 ASSESSMENT RATE 1992 COLD IN PLACE RECYCLING PROJECTS Councilmember Malone commented that the amount of $10.73 per assessable front foot, noted within draft Resolution 92-47, might be somewhat low as a front foot assessment rate due to a competitive bidding market. He said $11.00 per front foot would probably be a fair round figure. Engineer Maurer concurred. Councilmember Hicks asked if City Engineers expect any change orders which may increase the cost of the cold in place recycling projects. Maurer said no change orders are anticipated. . MOTION: Hicks moved, seconded by Malone, to adopt Resolution 92-47 Establishing A Commercial/Industrial Assessment Rate For 1992 Cold In Place Recycling Improvements ($11.00 per assessable front foot). Motion carried unanimously (4-0). RESOLUTION 92-48 - ASSESSMENTS WEST ROUND LAKE ROAD - 1992 COLD IN PLACE RECYCLING PROJECT MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-48 Determining Assessed Cost of Improvement And Ordering Preparation Of Proposed Assessment Roll In The Matter of The West Round Lake Road 1992 Cold In place Recyc1 ing. Motion carried unanimously (4-0) . RESOLUTION 92-49 - ASSESSMENTS DUNLAP STREET - 1992 COLD IN PLACE RECYCLING PROJECT MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-49 Determining Assessed Cost Of Improvement And Ordering Preparation Of Proposed Assessment Roll In The Matter of The Dunlap Street 1992 Cold In place . Recycling. Motion carried unanimously (4-0). -- . Arden Hills Council 9 July 13, 1992 Councilmember Mahowald asked when the cold in place recycling projects would begin. Engineer Maurer responded that they could begin in late August and be completed in September. FRANCIS POD LASEK DRIVEWAY ISSUE This agenda item was continued from the June 29, 1992 counci 1 meeting. Council was in receipt of correspondence from Engineer Graham, wherein Graham, as directed by Council, determined a cost of $1,500 for pavement removal and excavation from Mr. Podlasek's driveway at 4410 North Snelling Avenue. Council was also in receipt of correspondence from Mr. podlasek outlining a chronology of events leading to his dissatisfaction with his driveway as part of the reconstruction of North Snelling Avenue, as well as three estimates solicited by Mr. podlasek. Mr. podlasek stated that of the three bids he received . (ranging from $1,830 to $2,240) he preferred the $2,240 bid because it addressed necessary landscaping of his yard in addition to correcting his driveway. Engineer Maurer commented that Engineer Graham's estimate does not address trees or landscaping and includes less fill removal than the three estimates Mr. podlasek received. Councilmember Malone noted per Graham's correspondence that if the driveway would have been cut back 40', as originally recommended to Mr. Podlasek as part of the North Snelling Avenue Reconstruction project, the cost would have been approximately $376. Maurer explained that since street reconstruction projects do not typically address landscaping or trees, the $376 figure does not include those items. He added that performing corrective work now will also be more expensive simply because it is not part of a large project. Mayor sather commented that he considers landscaping an improvement to the private property, unrelated to the driveway issue. Councilmember Mahowald concurred and stated that landscaping work is also beyond the scope of what would have been done as part of the North Snelling Avenue Reconstruction project. . Mr. Podlasek said that as a result of the reconstructed street, he has given up trees and acceptable landscaping and he thinks Council would agree if they were to view his property. Arden Hills Council 10 July 13, 1992 . Councilmember Hicks commented that if ML Podlasek had taken action very quickly, while the contractor was still working the street reconstruction project, he could have avoided the higher expense involved now. He asked Mr. Podlasek how much responsibility he assumes for not taking prompt action. ML Podlasek said he doesn't think he has any responsibility for what happened. Councilmember Malone stated that in all City projects, the City does the best it can} but the public must also do their part. He stated that the City is not responsible to return a driveway back to its original grade after construction projects, some deviation of original grade may be necessary to match reconstructed streets. Attorney Filla stated that in situations such as this he recommends that before any amount of compensation is awarded, the City receive a release of cl aim. For purposes of discussion, Councilmember Mahowald offered the following motion. MOTION: Mahowald moved, seconded by Hicks, to compensate Mr. Podlasek in the amount of $1,900 for improvement of his . driveway, upon receipt of a release of claim. Motion failed (2-2; Mahowald & Hicks voted aye; Sather & Malone voted nay). Councilmember Malone commented that he believes a fair compensation is about half the amount in the previous motion because he does not think someone should "benefit" from a project in this manner. Mayor Sather concurred. MOTION: Malone moved, seconded by Hicks, to compensate Mr. Podlasek in the amount of $800 for improvement of his driveway, payable to a contractor of Mr. Podlasek's choice, upon receipt of a release of claim. Motion carried unanimously (4-0). COUNCIL COMMENTS ARMY RESERVE BREAKFAST & PROPERTY Acting Clerk Administrator Iago reminded Council of the Arden Hills Army Reserve Center informal breakfast meeting on July 22, 1992 and noted which Councilmembers might attend. Mayor Sather announced that he will be meeting soon with . Army representatives regarding potential use of the Army Reserve property; he invited Council to attend. . . . . . Arden Hills council 11 July 13, 1992 ARDEN PLACE DRAINAGE Councilmember Malone suggested and Council directed the City Engineer and appraiser to determine the benefit to residents affected by the Arden Place Drainage project in time to discuss the matter at the next Council worksession. FIRE DEPARTMENT BENEFITS Councilmember Malone updated as to changes in benefits for the Fire Department. VACATION OF EASEMENT Councilmember Hicks, for informational purposes, provided Counci 1 with a memo regarding a resident's idea that the City request the County vacate a portion of the easement along old Snelling Avenue. Hicks said if Council desired, this item could be discussed at a later time. NORTHWESTERN COLLEGE . Councilmember Hicks said he disagrees with the Planning Commission's decision to notify Northwestern College that they are in violation of the City's zoning code for activities on the waterfront. Acting Clerk Iago stated that rather than issue a violation, she and City planner Bergly will be meeting with representatives from the college in this regard. CITY HALL SITE Mayor sather updated, and promised to keep Council abreast, as to discussions involving a possible property trade of the existing City Hall site for property near West Round Lake. ADJOURN MOTION: Malone moved, seconded by Hicks, to adjourn the meeting at 9:30 p.m. Motion carried unanimously (4-0). Thomas R. Sather, Mayor Catherine J. Iago, Deputy Clerk NOTICE OF MEETINGS: . The next Council worksession will be held July 20, 1992 at 4:30 p.m. The next regular Council meeting will be held July 27, 1992 at 7:30 p.m. at City Hall. CITY OF ARDEN HILLS . 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 July 18, 1992 The Honorable Thomas Sather and Members of the City Council city of Arden Hills 1450 West Highway 96 Arden Hills, Minnesota 55112 Dear Mayor Sather and Council Members: It is with regret that I inform you of my resignation as Treasurer, effective close of business Friday, July 31, 1992. I am being transferred to Ft. Worth, Texas, by my employer Burlington Northern Railroad. . I have appreciated the chance to serve the community of Arden Hills for the past approximately five years. Many changes have occurred during that time in the makeup of the Council, key staff personnel and the financial environment within which we operate. I have enjoyed working with you and with the fine, dedicated staff at city Hall. I leave with the satisfaction of having a formal investment policy in place, an investment portfolio that is performing well and with the city having virtually no debt outstanding. I also have made my recommendation verbally to Mayor Sather concerning the function of Treasurer and my replacement. My family and I have enjoyed our time in the beautiful City of Arden Hills and hope that the future will be bright and financially sound for our fine community. Sincerely, d~" Frank C. Green Treasurer . PHONE: 16121 633-5676 . FAX 16121 633-7839 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 92-50 . RESOLUTION COMMENDING FRANK C. GREEN FOR SERVICE TO THE CITY OF ARDEN HILLS WHEREAS, Frank Green was appointed by Councii as Arden Hills' Treasurer on August la, 1987, and WHEREAS, in his years as Treasurer, Frank has enhanced the financial condition of the city by improving the performance of the investment portfolio and by instituting a formal investment policy, and WHEREAS, in the pursuit of these, and other objectives, he has worked with city Staff and the Finance Committee and contributed his judgement and expertise regarding other financial matters, and NOW, THEREFORE, BE IT RESOLVED, that the Arden Hills City Council, on behalf of Council, Staff and all the citizens of Arden Hills, express their sincere gratitude and appreciation for these years of service, and BE IT FURTHER RESOLVED, that the Council extends its best wishes to Frank and his family in their relocation to Texas. . Adopted by the Arden Hills City Council this 27th day of July, 1992. Thomas R. Sather, Mayor ATTEST Catherine J. Iago Acting Clerk Administrator . - --- ------ -- , \ . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION NO. 92-51 APPROVING THE TRANSFER OF OWNERSHIP OF NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION WHEREAS, Hauser Cable of Minnesota, Inc. , a Delaware corpora- tion, Hauser Cable Communications, Inc. , a Delaware corporation, and continental Cablevision of Minnesota, Inc., a Minnesota corporation (hereinafter "Transferors") , originally owned One Hundred percent (100%) of the outstanding stock of North Central Cable Communications Corporation (hereinafter "North Central") ; and WHEREAS, North Central, by and through GrOUp W Cable of The North Suburbs, Inc. , a wholly owned subsidiary, owns, operates and maintains a cable television system in the City pursuant to the terms and conditions of city Ordinance No. ?RO , as amended, (hereinafter "Franchise"); and WHEREAS, through an interim transaction completed on or before December 31, 1991, Transferors' interest in the outstanding stock of North Central was modified so that the stock of Continental Cablevision of Minnesota, Inc. (hereinafter "continental"), previously 50%, was transferred to result in continental's . ownership of 19 1/2% of the stock with 30 1/2% of the stock owned by NCC HOlding Co., Inc. , a Massachusetts Corporation (hereinafter "Holdco"), an entity in which continental retained all voting stock and transferred non-voting stock in the holding company to Meredith/New Heritage Strategic Partners, L.P. (hereinafter "Transferee") ; and WHEREAS, Transferors desire to sell and otherwise transfer all of their shares of the capital stock of North Central, together with all of the voting stock of Holdco, to Transferee, in whom Meredith/New Heritage Partnership will initially hold, as general partner, a 72.73% interest and continental, a Limited Partner, will initially acquire a 27.27% interest; and WHEREAS, the city has been informed that the ownership interests in Transferee, after taking into account all notes delivered as capital contributions to Transferee, will be 62.1% for Meredith/New Heritage Partnership, general partner and 37.9% for continental Cablevision of Minnesota, Inc. , Limited Partner; and . , WHEREAS, the Transfer Application discloses that Meredith/New . Heritage Partnership, which is the general partner of Transferee and holds a 62.1% ownership interest in Transferee, may in certain circumstances be required or have the right to purchase the limited partnership interest of continental Cablevision of Minnesota, Inc. subject to the requirements of local, state and federal law; and WHEREAS, Meredith cable, Inc. ("Meredith Cable") , a wholly- owned subsidiary of Meredith Corporation ( "Meredi th") , currently holds a 54.6% ownership interest in Transferee through its 88% ownership of the General Partner of Transferee and has the right to acquire total ownership and management control of both the General Partner and Transferee, subject to the requirements of local, state and federal law; and WHEREAS, the interim transaction has taken place; and WHEREAS, the Transferors have requested the consent from the City to a change in ownership and control of North Central to Transferee; and WHEREAS, city has waived any right of first refusal to purchase the stock acquired by Transferee as such right of first refusal applies to the pending sale and transfer; and WHEREAS, the North Suburban Cable Communications commission . (hereinafter "Commission" ) has been delegated the authority and responsibility to coordinate, administer and enforce the Cable Communications Franchise Ordinance on behalf of the city pursuant to the terms of a Joint and Cooperative Agreement for the Adminis- tration of a Cable Television Franchise; and WHEREAS, the Commission has held public hearings on behalf of city and has reviewed the legal, technical, character and financial qualifications of Transferee and its general partner Meredith/New Heritage Partnership and finds no reasonable basis to deny the request for transfer as a result of said review, except for those conditions listed below; and WHEREAS, the Commission has recommended to City approval of the transfer of control of North Central to Transferee subject to the actual closing of the stock sale and subject to the conditions listed below; and WHEREAS, the Commission has also recommended approval of a request by Transferee to permit the pledge as security to its lenders of the stock and assets of North Central and its subsidiaries, which would include Group W Cable of The North Suburbs, Inc. ; and . 2 WHEREAS, the city does not object to such security interest in the stock and assets. . NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of that: l. The city hereby approves the sale and transfer by Transferors of all of their shares of the capital stock of North Central, together with all of the voting stock of Holdco, subject to an actual closing of the stock sale transaction on or before December 31, 1992, pursuant to the terms and conditions as evidenced by the Notice of Transfer to said commission and City and all written representations from Transferors, Transferee, Meredith/New Heritage Partnership, its sUbsidiaries, employees, agents, partners, parent corporations and North Central, and further subject to the terms and conditions of this Resolution. 2. The City approves the pledge by Transferee, Meredith/New Heritage Partnership, and North Central as security to their lenders the stock and assets of North Central and its subsidiaries subject to the terms and conditions of this Resolution. 3 . This Resolution constitutes all action and approvals of the City necessary under the City's Franchise for the . sale and transfer of control to Transferee. 4. The city's approval of the above named transfer of ownership of North Central is further conditioned upon the following: a. North Central shall have corrected all technical discrepancies in the cable system of City as delineated in the report of Communications Support Corporation (hereinafter "CSC") No. 92010.001, and its addendum No. 92010.A01, and as represented as corrected pursuant to the letter from Mr. Kevin Griffin to Ms. Coralie Wilson dated June 17, 1992, unless otherwise qualified, below. b. North Central and the Commission shall have agreed to waive any and all alleged or existing claims for overpayment of franchise fees attributable to sales tax and/or underpayment of franchise fees as delin- eated in the commission's audit of the gross reve- nues of North Central. North Central shall have agreed and City hereby agrees to negotiate mutually acceptable language to amend the Franchise . 3 definition of "Gross Revenues" to more adequately reflect the current practices of North Central in . the calculation and payment of Franchise Fees. c. The city hereby waives the Franchise requirement that the emergency override system also override audio on the FM service provided to subscribers. d. The City hereby waives any Franchise requirement that short wave signals be carried on the FM band. e. The city hereby agrees to hold in abeyance the issue of the provision of status monitoring equipment by North Central, and agrees not to enforce the Franchise requirement for the remaining term of the Franchise, with the understanding that such equipment/capability will be a subject for negotiation upon any request for renewal of the Franchise. f. North Central shall have agreed to amend the existing Franchise to conform to this Resolution and the terms of this sale and transfer of control. g. To the extent required as a result of the sale of stock and transfer of control, North Central and City agree to the replacement of any and all . letters of credit, bonds, insurance certificates, or other forms of security provided to the City pursuant to the terms of the Franchise. h. North Central shall have agreed to conduct "proof of performance tests" as required by the FCC, with 50% of the test sites selected by Commission on the scheduled day of the tests, and any sweeping and balancing of the system required as a result of the random end-of-line performance tests. In addition, North Central shall have agreed to conduct an annual sweep and balance of the trunk cable system, and a bi-annual (every other year) sweep and balance of the distribution system. i. North Central shall have agreed to contribute to the Commission two (2) Di-tech frames each with a capacity of forty (40) inputs by fifteen (15) outputs for the purpose of enhancing the North Suburban Access Corporation's responsibil ity for institutional and subscriber network switching. North Central shall purchase for the Shoreview headend a new Di-tech switcher with thirty-two (32) inputs and sixteen (16) outputs for institutional and subscriber network switching. In the event the . 4 Shoreview headend should no longer be util.ized by North central, this switcher shall at the expense . of North Central be moved to and utilized for the same purpose at the commission's master control operated by the access corporation. The access corporation agrees to assume responsibility for switching on the institutional network. j . North Central shall have agreed to contribute to the Commission a new Di-tech Pace 3000 controller including two additional controllers for sites currently identified as sites two and three. k. North Central shall have agreed to remove the hard- wiring which was done to the switching capacity of the system for the purpose of accommodating the then existing needs of the school districts. 1. North Central shall have agreed to purchase ten (10) RF demodulators and three (3) frequency agile demodulators for utilization on the institutional network in the North Suburban system. m. North Central shall have agreed to reimburse Commission and its Member cities for all expenses incurred in relation to the interim transaction and final Transfer of Ownership, including an agreement . to reimburse cities and Commission for any expenses associated with subsequent ordinance amendments required by the Transfer of Ownership but not incurred until after closing. n. North Central shall pay to Commission $650,000.00 pursuant to the Resolution Transferring community Programming. o. Failure to comply with above conditions "b., f., g., h., i., j., k., 1., m., and n.," shall render City's Resolution of Approval null and void. p. Failure to comply with condition "a.," above, or any agreements required by this Resolution shall result in penalties and/or sanctions provided for in the Franchise. . 5 , . . The above resolution was moved by Council Member and . duly seconded by council Member . The following Council Members voted in the affirmative: The following council Members voted in the negative: Passed and adopted this ___ day of , 1992. ATTEST: Mayor City Administrator . . 6 . . . The undersigned, the of the City of , Minnesota does hereby certify that attached hereto is a true and correct copy of Resolution No. , which Resolution was duly adopted by the City Council on the _ day of I 1992 and is in full force and effect on the date hereof. Name Title: . . 7 , , RESOLUTION NO. 92-52 EXlRACI' OF MINUTES OF A MEETING OF THE . CITY COUNCil.. OF THE CITY OF ARDEN HILLS, MINNESOTA Held: Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Arden Hills, Minnesota, was duly called and held at the City Hall in said City on the day of , 1992, at P.M. ' The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION ADVANCE REFUNDING BONDS OF 1985 WHEREAS: A. The City Council of the City of Arden Hills issued on behalf of the City, $2,320,000 General Obligation Advance Refunding Bonds of 1985, dated December 15, 1985, of . which, bonds maturing 1993 and thereafter $275,000 still remain outstanding; and B. All of said bonds maturing in the years 1989 through 1994, are subject to redemption and prepayment at the option of the City on December 1,1988, and on any interest payment date thereafter at par and accrued interest per Bond called, all as provided in the resolution of the City Council dated December 3, 1985, authorizing the issuance of said bonds; and C. The City Council deems it desirable and in the best interest of the City to call all of said bonds maturing the years 1993 through 1994 on December 1, 1992, the next interest payment date, in accordance with said resolution authorizing the issuance of said bonds; and NOW TIIEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, as follows: 1. All of the General Obligation Advance Refunding Bonds of 1985 of the City maturing in the years 1993 through 1994, shall be redeemed and prepaid on December 1, 1992 at 100% of their principal amount plus accrued interest for each such bond called. 2. The City Deputy Clerk is hereby authorized and directed to give mailed notice of call prior to said call date to the bank where said bonds are payable and to all holders of the bonds, if any, who have registered their names, addresses and bond numbers with the City Deputy Clerk. Said notice shall be in substantially the following form: . < NOTICE OF CALL FOR REDEMPTION . GENERAL OBLIGATION ADVANCE REFUNDING BONDS OF 1985 DATED DECEMBER 15,1985 CITY OF ARDEN HILLS, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of Arden Hills, Minnesota, there have been called for redemption and prepayment on December 1, 1992 those outstanding bonds of the City designated as General Obligation Advance Refunding Bonds of 1985, dated December 15, 1985, having stated maturity dates in the years 1993 through 1994, and totaling $275,000 in principal amount The bonds are being called for redemption at a price of 100% of their principal amount plus accrued interest to December 1,1992, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at Norwest Bank Minnesota, National Association (formerly, Norwest Bank Minneapolis, National Association), if by mail to: Corporate Trust Operations, 255 Second Avenue South; or if in person to: TELLERS 1-8, 6th and Marquette . A venue, in Minneapolis, Minnesota 55479-0113, on or before December 1, 1992. Dated: BY ORDER OF THE CITY COUNCil.. Isl Catherine Ial!o Deputy Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 20% will be withheld if tax identification is not properly certified. Additional Information may be obtained from: JURAN & MOODY, me. 400 North Robert Street, Suite 800 St. Paul, Minnesota 55101-2091 612/224-1500 Attn: Cherie L. Rice Public Finance Department . . 3. The City Deputy Clerk is hereby authorized and directed to deposit with the bank where said bonds are payable prior to said call date sufficient funds to pay all principal, premium and interest due on said bonds as of the call date. The motion for the adoption of the foregoing resolution was duly seconded by member and upon a vote taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. . . STATE OF MINNESOTA COUNTY OF RAMSEY . I, the undersigned, being the duly qualified and acting Deputy Clerk of the City of Arden Hills, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Arden Hills held on the date therein indicated, with the original thereof on fIle in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption the outstanding General Obligation Advance Refunding Bonds of 1985. WITNESS my hand as such Deputy Clerk and official seal of the City this day of ,1992. Deputy Clerk . (SEAL) . " "' . CONSULTING ENGINEERS Maier Stewart & Associates Inc. July 23, 1992 File No: 520-026-20 Honorable Mayor and City Council City of Arden Hills 1450 W. Highway 96 Arden Hills, MN 55112 RE: ARDEN PLACE DRAINAGE ISSUE Dear Council Members: The continued public hearing for the above referenced project will be discussed at the July 27, 1992 City Council meeting. Following discussion at the July 20, 1992 Council work session, it is apparent that directing storm . water runoff to the east toward property owned by the Lake Johanna Beach Club is the preferable option. I have contacted the Club's president, Mr. Dave Plummer, regarding any necessary easement acquisition and he will be present at the City Council meeting. Following the close of the public hearing, it would be appropriate for the Council to consider the attached resolution. This resolution orders preparation of plans and specifications to direct runoff to the east. The estimated project cost for this work is $30,000. The plans and specifications would be presented for approval and advertisement for bids in August 1992. I will be in attendance at the July 27, 1992 City Council meeting. Please contact me if you have any questions. Sincerely, MAIER STEWART AND ASSOCIATES, INC. /1f~ ~~ Mark 1. Graham, P.E. MJG/ks enc. . 026-2301.JUL 1959 SLOAN PLACE, SUITE 200, ST, PAUL, MINNESOTA 55117 612-774.6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer . '". . RESOLUTION 92- 53 A RESOLUTION FOR TIlE CITY OF ARDEN HILLS A RESOLUTION ORDERING TIlE PREPARATION OF PLANS AND SPECIFICATIONS IN TIlE MATTER OF TIlE ARDEN PLACE DRAINAGE IMPROVEMENT WHEREAS, a public hearing relating to the Arden Place Drainage improvement was held before the Arden Hills City Council after ten days mailed notice and two weeks published notice of the hearing was given; and WHEREAS, a feasibility report was received and a public hearing was held on October 28, 1991, June 29 and July 27, 1992 for said project; and WHEREAS, the City Council has duly considered both the Feasibility Report and those matters presented at the public hearings by those persons desiring to be heard on the matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: 1. Maier Stewart and Associates, Inc. is hereby designated as Project Engineer for this improvement. The Project Engineer is directed to prepare plans and specifications for the . making of the improvement to direct runoff to property owned by the Lake Johanna Beach Club. Passed and adopted this 27th day of July, 1992. ATTEST: Thomas R. Sather, Mayor Catherine J. Iago, Acting Clerk-Administrator . . LAKE JOHANNA Volunteer Fire Department, Inc. TELE.PHONE: 633.2404 ~--..-...............~ Serving: ARDEN HILLS, NORTH OAKS, & SHOREVlEW 3246 \"f:W BRiGHTO:\' HOAO 5'I-. PAUL. :\lI?"<:'\ESOTA 55112 " Mayor Thomas Sather - Arden Hills Mayor William Ecklund - North Oaks Mayor James Chalmers - Shoreview Cathy Iago - Clerk/Administrator Richard Fogg - Council Representative Dwight Johnson - City Manager Board of Directors - Lake Johanna Fire Department MEETING DATE: WEDNESDAY AUGUST 12, 1992 TIME & PLACE: 7:00 PM / STATION 2 AGENDA 1. INTRODUCTION OF THE FIRE BOARD a) format and scope . b) set meeting schedule 2. FIRE MARSHAl" INSPECTOR, and SECRETARY POSITIONS a) background b) setup of positions c) timetable for implementation 3. ANNUAL FINANCIAL REPORT 4. OPEN BURNING ISSUE a) burning permits b) recreational fires c) MNDOT - burning waste oil 5 . RAMSEY COMMUNICATIONS CENTER a) background & update b) open discussion 6. FEDERAL CARTRIDGE,~ALLIANT TECHSYSTEMS TWIN CITIES ARMY AMMUNITIONS PLANT a) fire protection services b) open discussion c) future action 7. NEW BUSINESS . a) set agenda and date for next meeting ~ ct; )1~~~ 'tIc- I "11_ . CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 92-54 RESOLUTION FOR TRANSFER OF FUNDS BY TELEPHONIC INSTRUCTIONS WHEREAS, the Norwest Bank Minnesota, N.A. is. the depository in which funds of the city of Arden Hills may be deposited, and a corporate resolution with respect thereto is presently in effect authorizing the deposit and withdrawal of funds; and WHEREAS, the city of Arden Hills desires to add to and supplement said corporate resolution with the following resolution: RESOLVED, l- Anyone of the following persons: Terrance R. Post, Treasurer Paul L. Malone, Councilmember Catherine J. Iago, Acting Clerk Administrator is authorized on behalf of this corporation to give instructions by telephone to the NORWEST BANK MINNESOTA, N.A. , to transfer funds on deposit with the bank: . a. to other accounts of this corporation with the bank; or b. to other accounts of this corporation with other banks. 2 . The bank is authorized to act on such telephonic instructions received by it from anyone who represents himself to be any of the above-named persons whether or not his voice resembles the voice of such person. 3. The bank is authorized in its sole discretion to refuse to honor telephone instructions and to insist upon written instructions signed by anyone of the persons named in paragraph 1 of this resolution. ADOPTED BY THE ARDEN HILLS CITY COUNCIL THIS 27TH DAY OF JULY, 1992. Thomas R. Sather, Mayor ATTEST: Catherine J. Iago, Acting Clerk Administrator . -~- CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA . RESOLUTION 92-55 RESOLUTION DESIGNATING DEPOSITORIES AND CORPORATION AUTHORIZATION THIS IS TO CERTIFY that at a meeting of the city council of Arden Hills duly called and held July 27, 1992, the following resolution was adopted: RESOLVED, that the Norwest Bank Minnesota, N.A. shall be the official depository for all funds of the city of Arden Hills for the calendar year 1992; and BE IT FURTHER RESOLVED, that the City Treasurer shall from time to time, ascertain that adequate security as required by the laws of the state of Minnesota, is furnished by such depository to protect the City's deposited funds against financial loss; and BE IT FURTHER RESOLVED, that checks of this corporation drawn on Norwest Bank Minnesota, N.A. , hereinafter called the Bank, shall be signed by three of the following officers: Thomas R. Sather or Thomas Mahowald Mayor Acting Mayor Catherine J. Iago or Paul L. Malone . Acting Clerk Administrator councilmember Terrance R. Post Treasurer BE IT FURTHER RESOLVED, that the Acting Clerk Administrator is authorized to use a signature stamp at such time as it becomes necessary for Mayor Thomas R. Sather or Terrance R. Post, Treasurer. BE IT FURTHER RESOLVED, that the said bank is hereby authorized and directed to honor and pay any checks so drawn as above set forth, whether or not such checks be payable to the order of one of the foregoing persons either in his individual or official capacity or deposited to his individual credit, and whether or not such signatures are followed by the title or office of the person signing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 27TH DAY OF JULY, 1992. Thomas R. Sather, Mayor ATTEST: . Catherine J. Iago, Acting Clerk Administrator ,''''''-'' .. ---~ ':!r~'i:~~ T .,- ."1' , , !i~::':':: ~ . /i"'"" ~ '; ".' ~"<:_,, 3 '.. "~: ~~l:'\: "', ,1."-.' '_:':",.')-~. ,<~ -'.. .. H.. .. L', '-' ,,,,,~,,'''''I<r. :'. cr' ,,? :",~,>,3ff"4,.." 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CITY OF ARDEN HILLS MEK!lANlXlM DATE: July 23, 1992 TO: Catherine Iago, Acting city 1Idministrator Jerry Filla, city Attorney Maier, stewart Assoc. rnrn:@) Terry Post, TeIIIpOrary city Accountant SUIJ.nX:T : Francis Podlasek conciliation court statement of Claim and summons - No. SO-92-61270 Mr. Francis Podlasek (Plaintiff) of 4410 North Snelling has filed a claim of $2,258.00 in conciliation court naming the city of Arden Hills and Maier stewart Associates, Inc. as Co-defendants. Mr. Podlasek alleges that the North Snelling road reconstruction project has left his driveway with an unsatisfactory incline which does not confom with it's previous condition. 'TIle claim amount represents reconstructing the driveway to original condition, landscaping to a reasonable condition and a . court filing fee ($18.00). Defendants are summoned to appear at a hearing of the case at 1:15 PM, September 1, 1992 at 2785 White Bear Avenue in Maplewood. TP:rk . . CITY OF ARDEN HILLS MEH:tWIDUM. DATE: July 23, 1992 ':00: Arden Hills Mayor and COWlcil }of_hArs FRCM: ~ John Buckley, Parks & Recreation Director SUBJECT: Misssion statement The Park & Recreation Committee prepared a Mission statement at their meeting on April 28, 1992. They recommended that this statement be forwarded to the Council for review and approval. ARDEN HILLS PARKS AND REClEM'ION DEPAR':mENT MISSION S'lWlDIENI' . To serve the people of Arden Hills by providing a COITprehensive, well maintained system of parks, trails, facilities and open space, and a balanced, well organized program of affordable recreational activities. The committee would like to include this Mission statement in the next program brochure that will go to the printer in early August. JTB:rk . . CITY OF ARDEN HILLS MEHEANDllM Dl'.TE : July 22, 1992 TO: Mayor and city eouncil FRCM: John T. Buckley, Parks Director lltJBJEPl' : Parks & Recreation Weekly RepOrt ~ ARMY RESERVE CENI'ER: Miss Severtson and I met with Paul Amacher to discuss the availability of the Army ReserVe Training Center facilities for the Fall Programs. Arden Hills Park Department will be scheduling the use of Center I s classrooms and Assernbl Y Hall on Wednesday and 'Ihursday evenings,. starting in September. ARDEN HILI.S BANNERS: In July, the four charities at Pot-o-Gold were invited to give $1,000.00 each tcMard sponsoring the County Road E BannerS. To date, the Light Brigade, st. Paul Turner's, and Concordia singing SOciety have contribJ.ted. 'Ihere is strong . indication that st. Mary's will also participate. 'Ihe present banners have been a good addition to County Road E. I would like Council approval to proceed on ordering the appropriate banners for the Winter and Spring seasons. ARDEN HILI.S SPORI'SMAN'S CI1lB: I will be meeting with the Arden Hills Sportsman's Club on July 23 to discuss the 1993 Ice Fishing Event on Lake Johanna. I am hoping the Club will be receptive to e.>q:>anding the Fishing Contest to a community Celebration. JTBjll . . CITY OF ARDEN HILLS MEKIlANDUM DATE: July 22, 1992 TO: Mayor and City OO\mCil :E'RCH: Dan winkel, Public WOrks SUperintendent SUBJECT: Public WOrks Weekly Report D.U 'Ibis past week found the Public Works =ew utilize the jetter truck and the tanker to flush same dead-end sanitary sewer lines. 'Ibe sanitary sewer maintenance is going very well this summer. I received a call from Fred Reed on Tuesday of this week and he appears to J::e doing much J::etter. He continues to have a shoulder problem, hooever, his doctor indicated he may J::e able to return next month. On Wednesday, City staff attended an infonnational meeting at the Anny Reserve site. The Reserve is having an open house on Sunday, September 27, and will extend an invitation to staff, elected officials and all residents of Arden Hills. . We had a couple of rain days this week which allCMed us time to catch up on our vehicle maintenance and service. The lift stations were checked every day and all appear to J::e working well. On Wednesday, we took the time to run all of the punps and very thoroughly check the stations. The =ew continued to paint the curb for "no-parking" zones in the industrial area. We also need to paint yellCM curb in the area of Flaherty's Bowling Alley, as well as replace same parking signs. Residential water meter repairs were done this week. The =ew found only a few discrepancies in the readings' during the quarter. Sometime next week the city will start collecting water samples and testing for lead. Approximately forty water samples will J::e taken from around the city. 'Ibis is a mandated program and will continue on an annual basis. More volunteers are needed for this program. If any of the council members are interested. in participating, please contact me. I received up-aated infonnation from Terry Post regarding the 1992 water loss. As of the end of June, our average loss is only 3.4% and staff will continue to monitor the situation. If the couricil should have any questions, please feel free to contact me. . mill -- -..- . Federal Emergency Management Agency Region V 175 West Jackson Blvd, 4th Floor Chicago, IL 60604 July 8, 1992 The Honorable Thomas Sather Mayor, City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112-5794 Dear Mayor Sather: We have received a copy of your ordinance designed to meet the floodplain management regulations of Section 60.3 (d) of the National Flood Insurance Program (NFIP) . On the basis of our review of this ordinance, we find that it does comply with the current NFIP requirements. Your community's continued eligibility in the Program is thus assured. We hope that the effective administration and enforcement of the adopted floodplain management regulations will enable your community to substantially reduce future flood losses. . It should be noted that by adopting this ordinance and remaining in strict compliance with NFIP regulations, your conununity's flood insurance policy holders may see additional benefits. If your community chooses to participate in, and qualifies fori the Federal Insurance Administration's Community Rating System (CRS) , residents who have flood insurance will receive a reduction in flood insurance premiums. CRS is a program which is designed to reward communities which regulate over and above the NFIP's minimum requirements. CRS benefits include reduced rates for all property owners and renters in your community~ For additional information regarding the CRS, please contact this office or your NFIP State Coordinator on 612-296-4800. As you are aware, you are responsible for keeping FEMA and the state advised of any problems associated with the administration of these regulations, and of any variance granted for development not in accordance with the adopted standards. If there is any other way we may be of assistance to you regarding the National Flood Insurance Program, please do not hesitate to contact Jeanne Kern, Program Specialist, at 312-408-5547. Zt!i/~ Arlyn F. Brower Regional Director . U.,'11~~ ~~ ... ~ , . TRAFFIC VIOLATIONS /972 MONTH F LL n e:. - , f A. Hills ~ MOVING S9 - SIGNS , PARKING ;Z EQUIPMENT I I' VIOLATIONS ~ : D.W.1. -- MISDEAM. I~ MISC. J4 TOTALS /21- LAKES AND BEACHES - PARKS/OPEN ~SPACE~ ARENA'S. , ." STOP A..R.M VIOL. - ~ Cf.yJactLt 7j;;JI-!9d- ... . . C-TAGS MONTH r <<-nit' /yy..z - " . ~~ A.H. , ~. THEFT L- ASSAULT D.O.C. TRESPASS. I WORTHLESS CHECKS . CRIM.DAM. TO PROPERTY UNDERAGE/POSS. CONSUMPTION POSS. MARIJUANA POSS. DRUG PARAPHERNALIA CLEAN UP ORDER .IN PARK AFTER HOURS . . MISe.' I . ENVIRONMENTAL CITIES ORGANIZATION .MEEIJl'!(i NQIlQE AND AGENQA TUESDAY, JULY 28, 1992 5:00 - 6:30 pm lnver Grove Heights City Hall 8150 Barbara Avenue E . Agenda Items: 1) Discussion of new bylaws, ECO organizational issues. 2) Discussion of local ordinances concerning lawn chemicals. 3) Discussion of local ordinances regarding telephone directories. '- . -- Because of all the road oons1ruction, petting to the InverGrove . CIty Hall Is a utile tricky. If you am oomlng east on 1-94: . Exlt a Marlon Street end follow the SigrlS to South 3SE;' . Take SSE south to Lone Oak Road In Eagen; . Take Lone Oak Road &ast to Hwy 55; . Take Hwy 55 south. Hwy 55 becomes Court House Blvd. oontinue south to 80th Street E (Cty Rd 28); . Take 80th street E east to Baboock TralI; . Take Babooclc TralI south lc Barbara Avenue; . Take Barbara Avenue east lc the CIty Hall BuDding. Saint Paul l' 1-94 . Mllndata Heights f! t- Lone Oak .>t: Road ~ $Ie~ l'G c:l 80th St E Eagan l ~ City Hall Inver Grove Heights . '1?Jw 13u'. fd4x.-- - . ....._..0. 17 b:t9;{ ssessmenf roles settled or Keithson Pond project . . Home owners will pay $375 to $1,500 . 1..II!gi~1 ;;11 !I problem. SEH, along with being the city1s consulting engineer, was also under contract with Eibensteiner's fIrm at the time. by Mark Engebretsen Last year a Rice Creek Watershed Keithson Drive residents soon will get official admitted that an oversight relief for their flooded lawns, but they'll occurred in the agency's handling of the have to pay for that comfort ~ some drainage plans for the Keithson Drive more than others. development . Lastweek the. Arden Hills City According to Cathy !ago; interim city COlincilapproved the Keithson .Pond ~ administrator, the city is still negotiating assessment role for the $62,000 project. with Eibensteiner and SEH to recoup The cOrlstruction itself will costabout~ some of its costs.for the drainage $35,000; and will involve building an improvement . . . outlet from the drainage pond on , Keithson Drive and laying' a drainage THE COUNCIL ALSO: pipe from the pond into neighboring . Approved a one-year developm~ht property. Easement COSts will run about moratorium fot'the city. According..to $17,000, and legal and design costs' Mayor Tom Sather, the city want{~lo ~er$Il,Ooo. Construction should implement its new zoning code prio,,~to . in two to four weeks. allowing any new development. Samer Four property owners will be assessed said .the new code should be before.~e $1,500, seven will bebilled $750, and city's planning commission in abouJ; a one will be assessed $375 for the project month. The moratorium will be lifted I The oouncil assessed.the properties based after the zoning code is in place, he said. on benefIt and on the amount of nmoff . Awarded $800 to Francis PodIasek, eaCh propertyoon1rlbutts to the pOnd. 4410 N. Snelling Ave., for the regrading of his driveway. PodIasek has accused the 'fHE DRAIIilAGEproblemwas not city of changing the grade oChis T Properlyljddressedllt ~the time the area driveway during last year's reconsuuction WaS developed, abotitthreti to four years of North Snelling. He said the grade was Any volunteers? ago, manY Keithson Drive residents have too steep and he ;1sked for $2,24q .to argued. 'fhey blame the city,thedty's . make the grade level. The city cou1l,Cil f~rrpere~glnt;t'r, the deve.lo~r~~the ~ justified the lower amount by .saying .\!Iat AH seeks water testers RIce Creek. Watershed D,strIct for.the' much of the .work Podlasek was problem: . . . requesting was for landscaping and pot. The Arden Hills Public Works Depamnent The developer, Marcel Eibensteiner, regrading. Also, Council Member Paul is seeking assistance from residents who would has gone 00 record assaying he will not Malone pointed out that the problem like a free water sample taken from their pay for arty improvement. He blames the ~ could have been solved last year for only homes. city.'s former engineering firm, Short,. $376. PodJaseksaid he wasn't satisfIed The water depamnent is required to take 40 Elliott aIld Hendrickson (SEH), for the with the cily's proposal last year. . samples oil an annual basis from various residential locations to test for lead. Volunteers , are needed to participate in this program. Call the Arden Hills Water Deparunent at 633-4443 between 7 a.m, and 3:30 p.m. for more information or to volunteer for the testing ~~. '......y . (!~..~ . .. It 7/dllq~ v rfClj..-<J 7/d()/q~ . ___n"_____~___ _ ___n_ ~_ ,___.__ ~ Kathy Keeley, of Arden Hills, announced recently she will seek the new District 53 state Senate seat. Keeley founded the Women's . Economic Development Corp., a business loan fund for small businesses. . She works for the Corporation for . Enterprise Development, an economic public policy organization. She is also a member of the Greater Minneapolis Chamber of Commerce, Minnesota Wellspring, the Nonprofit Assistance Furxl and the Natonal Association for Enterprise Opportunity. She belongs to the International Business Fellows Society, the Women's Economic Roundtable and the International Kat/ty Keeley Women's Forum ....--_..,'~. , . U:~ '/dt//9:2.. , .... . CITY OF ARDEN HILIS mHilANDUM DATE : JUly 27, 1992 TO: Mayor and City Council FRCM: Catherine J. Iago, Acting City 1Idministrator stJBJECT: Door to Door Canvassing Attached is a letter of request from citizens for a Better Environment requesting permission for door to door canvassing frcnn August 1 to September 1, 1992. Hours of canvassing will be from 4:00 to 9:00 pm, Monday through Friday, and on Saturdays from 10:00 am to 5:00 pm. A=rding to city Ordinance, Council approval is necessary for this type of canvassing. REm1MElIDATION: staff recommends approval of this request. . ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion, under Consent, granting approval for door to door canvassing by citizens for a Better Environment, frcnn August 1 to Sept'ember 1, 1992, as requested. CJI:rk attachment . - ~ . . Citizens/or a Better Environment _ 3255 Hennepin Ave. So. Suite 150 _ Mpls, MN 55408 _ (612) 824-8637 July 22nd, 1992 Garv Berger City Manager City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 Dear Gary, Citizens for a Better Environment is planning it's annual canvass of Arden Hi lls. The canvass staff wi 11 discuss CSE's environmental programs, pass out educational fact sheets and sol i cit contributions to support our environmental advocacy work. Citizens for a Better Environment is a 501 (c)(3) public charity. Enclosed is a copy of our state license ver ify i ng our non-profit status. Schedule dates of the canvass are: Aug 1 - Sept 1, 1992 during . the hours of 4 to 9 p.m. Monday through Friday and 10 a.m. till 5 p.m. on Saturday. CSE's canvassers carry photo 1 .D. s and are required to be pol ite to residents and respectful of their property. If there are any complaints please inform us promotly. Enclosed is a list of our canvass staff and the automobiles we wi 11 be using. For our records would you please send written acknowledgement that you have received these materials, as well as a recent map of your community. if you need additional information, or have questions or concerns, please contact our office. Thank you for your assistance. We look forward to meeting the residents of Arden Hi 11s again. Respectfully Yours, ~~ Jan Whitehi 1 Canvass Dir . .". 100% recycled paper . . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING July 13, 1992 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, councilmember Mahowald called to order the regular City Council meeting at 7:30 p,m, Present: Councilmembers Dale Hicks, Thomas Mahowald, Paul Malone. (Mayor Sather joined the meeting at 7:33 p.m. under "Public Hearings"). Absent: Councilmember JoAnn Growe. Also present were: City Attorney, Jerry Fill a; City Planner, John Bergly; City Engineer, Terry Maurer; Parks Director, John Buckley; Public Works Superintendent, Dan Winkel; Acting Clerk Administrator, Catherine Iago; Recording Secretary, Foster. ADOPT AGENDA Acting Clerk Administrator Iago advised that Attorney Balyk representing agenda item 7D "Discussion of Draft Interim Use Agreement & Site plan Review for What-A-Racquet Sports Club" has advised that item 7D may need to be moved to later on this evening's agenda to allow for his attendance. . Note was made that agenda item 7G (Consideration of Resolution No. 92-48) has been revised by the City Engineer and split into two Resolutions (No. 92-48 and 92-49), MOTION: Hicks moved, seconded by Malone, to adopt the July 13, 1992 agenda as amended relative to items 7D and 7G. Motion carried unanimously (3-0), APPROVAL OF COUNCIL MINUTES MOTION: Malone moved, seconded by Hicks, to approve the minutes of the June 29, 1992 Regular Council Meeting as prepared. Motion carried unanimously (3-0) . CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (3-0). a. Adopt Resolution No, 92-46 Relating to Reapportionment of Assessments Relating to Improvement No. 91-BITOLAY (1991 Bituminous . Overlay) . b. Approve Estimate #l - 1992 Tiller Lane Improvements. . Arden Hills council 2 July 13, 1992 . c. Approve Pay Estimate #4 for 1991 North Snelling Avenue Improvements. d. Adopt Ordinance No, 289 Relating to Residential Recyc1 ing Fees. e. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. PUBLIC HEARINGS KEITHSON POND ASSESSMENT HEARING CONTINUED FROM JUNE 29, 1992 Mayor Sather joined the meeting at this time. Mayor Sather reopened the meeting at 7:33 p.m. for the purpose of continuing a public hearing on Keithson Pond Assessments, Engineer Maurer stated that information regarding Keithson Pond Assessments was provided at the June 29, 1992 Council meeting. . Councilmember Mahowald asked if there is any new information regarding properties contributing to the Keithson drainage problem, Engineer Maurer stated that in reviewing the properties, MSA believes the information given at the June 29 meeting as to which properties contribute drainage and are thus subject to assessment is correct. He added that it has been determined that the townhomes in the area do not significantly contribute drainage. Councilmember Hicks asked if the alternative plan described in the engineer's July 8 memo, at a cost of $8,000 - $13,000, will adequately correct the existing drainage problem, Maurer said the plan would address the existing problem, and the design would provide for overflow to cross the Reiling property. He added that the development which has occurred in the Keithson addition would increase the runoff across the Reiling property, Further, this overland flow would have to be dealt with when the remaining Reiling property is developed. Councilmember Hicks questioned whether an easement would be necessary if the retention pond were designed properly. Attorney Filla said the Reiling property owner would argue that the City does not have the right to use his property . without an easement. Councilmember Malone said the original intent was to drain across the Reiling property, but it is not known whether that would have worked. He added that it Arden Hills Council 4 July 13, 1992 . CASE 92-06 - AMEND SUP - AMOCO 0 IL City Planner Bergly gave the following background with regard to a request for a car wash at Amoco Oil, 1306 West County Road E: - The Planning Commission, at their June 1992 meeting, reviewed the request but had several concerns and recommended denial, - Following that meeting, the applicant and staff worked out a different layout for the car wash which meets all ordinance requirements without the need for a variance. - The revised plan calls for the car wash to be detached and handled as an accessory building. - The station has about 20 parking stalls on the site, and is required by code to have 16 stalls. However, because the station has had the need for more parking, a long-term parking agreement with the adjacent restaurant exists. - Planning Commission reviewed the revised plan on July 1, 1992 and recommended approval of the amended special use permit with 11 conditions, and subject to the applicant submitting the parking lease and title of the property for review by the City Attorney. . Councilmember Malone asked if concerns regarding stacking of vehicles entering the car wash have been addressed. Bergly said that stacking of vehicles using the revised plan does not appear to be a potential problem, that during peak car wash use, vehicles can be stacked on site without interfering with traffic on County Road E, Bergly added that the revised plan exits car wash vehicles quite a distance from County Road E, which should eliminate potential icing of County Road E during cold weather. Councilmember Malone noted that the parking agreement between Amoco and the adjacent restaurant runs month to month and only until July 1994. Attorney Filla recommended that condition 6 of Planning Commission's approval, (addressing the parking agreement), read as follows: "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking requirements of the station. The parking agreement shall provide 20 additional spaces. In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking spaces, including, but not 1 imited to, the reduction in . the intensity of the use," Arden Hills Council 5 July 13, 1992 Harry Schroeder, architect for Amoco, explained that . curren tl y the additional parking has been required since there is more demand for the service garage than can be handled. By adding a third service bay to the station, more service work can be performed in a quicker fashion, thus fewer cars will be parked. Councilmember Mahowald said theoretically that may be so, however, he preferred using the language suggested by Attorney Filla relative to condition 6. Councilmember Mahowald asked if the concerns expressed by the adjacent dental office have been addressed. Bergly said the dental office concerns related to trespass light from the car wash, and the new layout eliminates that potential problem. MOT ION : Malone moved, seconded by Hicks, to approve the amended SUP for Amoco Oil Company, 1306 West County Road E, (Case 92-06) subject to: - Ten conditions spelled out within the July 1 , 1992 Planning Commission minutes, condition 6 to read: "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking . requirements of the station. The parking agreement shall provide 20 additional spaces. In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking spaces, inol uding, but not limited to, the reduction in the intensity of the use.", and, - Proof of parking lease between Amoco and the adjacent restaurant and title for the property be provided to the City Attorney for his review and approval. Motion carried unanimously (4-0), CASE 92-12 - MINOR SUBDIVISION - ALPO City Planner Bergly outlined the existing 14.88 acre property at 4251 Fernwood Avenue North, which the owner is proposing to split into two nearly equal sized parcels, one for the Alpo Pet Food site and one vacant parcel. He added that there is a slight discrepancy in the lot descriptions which will need to be cleared, but Planning Commission's position was that the intent was obvious and acceptable and the attorneys could work out the lot description details, therefore, they recommended approval of the minor . subdivision with six conditions. , Arden Hills Council 6 July 13, 1992 . In response to Council questions, Bergly stated that one possible use of the newly created vacant parcel would be that CPI would purchase it for parking purposes. Parks Director Buckley stated that perhaps the City trail could then connect to CPI property. Mike Nordstrom, representing Grand Met/Alpo Pet Foods, said that condition 2 of the Planning commission is that park dedication requirements be determined and either dedicated along with the division or paid prior to filing. He asked if it would be possible to wait until the newly created parcel is developed in order to allow input from a new owner, Attorney Filla stated that typically park dedication fees are imposed as part of a lot split. In order to accommodate Mr. Nordstrom's request, he suggested that before the City stamp the deed, it include notations as to the need to satisfy park dedication. MOTION: Hicks moved, seconded by Mahowald, to approve the minor subdivision/lot split, (Case 92-12) with the six conditions spelled out in the July 1, 1992 Planning Commission minutes, condition 2 to read: . "Park Dedication requirements are to be determined, and the deed for the newly created vacant parcel is to be stamped with a notation that park dedication requirements must be satisfied before issuance of a building permit. " Motion carried unanimously (4-0), INTERIM USE AGREEMENT/SITE PLAN WHAT-A-RACOUET SPORTS CLUB Attorney Filla stated that rather than litigate this issue, he and Attorney Balyk, representing Dennis Foster/What-A- Racquet Sports Club, have discussed the possibility of entering into an interim use agreement which would allow Mr. Balyk's client to construct a tennis facility for a five year perl od, Counci 1 was provided a copy of the draft interim use agreement, Filla explained that the agreement allows for a three year extension at the end of the initial five years, provided the developer requests the extension 90 days prior to expiration of the initial five year period, and provides data or information in a form acceptable to the City which indicates that: I) The developer has made a good faith effort to obtain . financing for a permanent structure but is unable to obtain such financing, and, . Arden Hills Council 8 July 13, 1992 . Council was asked to accept all bids, by adopting Resolution 92-46; action to award the contract to be accomplished at a later time. MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-46 Accepting Bids In The Matter Of The 1992 street Cold In Place Recycling Improvements. Motion carried unanimously (4-0) . RESOLUTION 92-47 ASSESSMENT RATE 1992 COLD IN PLACE RECYCLING PROJECTS Councilmember Malone commented that the amount of $10.73 per assessable front foot, noted within draft Resolution 92-47, might be somewhat low as a front foot assessment rate due to a competitive bidding market. He said $11,00 per front foot would probably be a more typical figure. Engineer Maurer concurred. Councilmember Hicks asked if City Engineers expect any change orders which may increase the cost of the cold in place recycling projects, Maurer said no change orders are anticipated. . MOTION: Hicks moved, seconded by Malone. to adopt Resolution 92-47 Establishing A Commercial/Industrial Assessment Rate For 1992 Cold In Place Recycling Improvements ($11. 00 per assessable front foot). Motion carried unanimously (4-0). RESOLUTION 92-48 - ASSESSMENTS WEST ROUND LAKE ROAD - 1992 COLD IN PLACE RECYCLING PROJECT MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-48 Determining Assessed Cost of Improvement And Ordering Preparation Of Proposed Assessment Roll In The Matter of The West Round Lake Road 1992 Cold In Place Recycl ing. Motion carried unanimously (4-0) . RESOLUTION 92-49 - ASSESSMENTS DUNLAP STREET - 1992 COLD IN PLACE RECYCLING PROJECT MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-49 Determining Assessed Cost of Improvement And Ordering Preparation of Proposed Assessment Roll In The Matter Of The Dunlap Street 1992 Cold In Place Recycling. Motion carried unanimously (4-0), . Councilmember Mahowald asked when the cold in place recycling projects would begin. Engineer Maurer responded . Arden Hills Council 9 July 13, 1992 that they could begin in late August and be completed in . September. FRANCIS POD LASEK DRIVEWAY ISSUE This agenda item was continued from the June 29, 1992 Counci 1 meeting. Counci I was in receipt of correspondence from Engineer Graham, wherein Graham, as directed by Council, determined a cost of $1,500 for pavement removal and excavation from Mr, podlasek's driveway at 4410 North Snelling Avenue. Council was also in receipt of correspondence from Mr, Podlasek outlining a chronology of events leading to his dissati~faction with his driveway as part of the reconstruction of North Snelling Avenue, as well as three estimates solicited by Mr, Podlasek. Mr. Podlasek stated that of the three bids he received (ranging from $1,830 to $2,240) he preferred the $2,240 bid because it addressed necessary landscaping of his yard in addition to correcting his driveway. Engineer Maurer commented that Engineer Graham's estimate does not address trees or landscaping and includes less fill . removal than the three estimates Mr. Podlasek received. Councilmember Malone noted per Graham's correspondence that if the driveway would have been cut back 40', as originally recommended to Mr. Podlasek as part of the North Snelling Avenue Reconstruction project, the cost would have been approximately $376. Maurer explained that since street reconstruction projects do not typically address landscaping or trees, the $376 figure does not include those items, He added that performing corrective work now will also be more expensive simply because it is not part of a large project. Mayor Sather commented that he considers landscaping an improvement to the private property, unrelated to the driveway issue. Councilmember Mahowald concurred and stated that landscaping work is also beyond the scope of what would have been done as part of the North Snelling Avenue Reconstruction project. Mr. Podlasek said that as a result of the reconstructed street, he has given up trees and acceptable landscaping and he thinks Council would agree if they were to view his property. Councilmember Hicks commented that if Mr, Podlasek had taken . action while the contractor was still working the street reconstruction project, he could have avoided the higher . , , Arden Hills Council 10 July 13, 1992 . expense involved now, He asked Mr. Podlasek how much responsibility he assumes for not taking prompt action. Mr. Podlasek said he doesn't think he has any responsibility for what happened. councilmember Malone stated that in all City projects, the City does the best it can, but the public must also do their part. He stated that the City is not responsible to return a driveway back to its original grade after construction projects, some deviation of original grade may be necessary to match reconstructed streets. Attorney Filla stated that in situations such as this he recommends that before any amount of compensation is awarded, the City receive a release of cl aim. For purposes of discussion, Councilmember Mahowald offered (lId the following motion. MOTION: Mahowald moved, seconded by Hicks, to compensate Mr, podlasek in the amount of $I,900 f or improvement of his driveway, upon receipt of a release of claim. Motion failed (2-2; Mahowald & Hicks voted aye; sather & . Malone voted nay). (g _I) Councilmember Malone commented that he believes a fair compensation is about half the amount in the previous motion because he does not think someone should "benefit" from a project in this manner. Mayor sather concurred. MOTION: Malone moved, seconded by Hicks, to compensate Mr. Podlasek in the amount of $800 for improvement of his driveway, payable to a contractor of Mr, Podlasek's choice, upon receipt of a release of claim. Motion carried (3-1; Mahowald, Malone & sather voted aye; Hicks voted nay). COUNCIL COMMENTS C! - 3) ARMY RESERVE BREAKFAST & PROPERTY Acting Clerk Administrator Iago reminded Council of the Arden Hills Army Reserve Center informal breakfast meeting on July 22, 1992 and noted which Councilmembers might attend. Mayor sather announced that he will be meeting soon with Army representatives regarding potential use of the Army Reserve property; he invited Council to attend, . - - __u_._._ , Arden Hills Council 11 July 13, 1992 ARDEN PLACE DRAINAGE . Counci1member Malone suggested and Council directed the City Engineer and appraiser to determine the benefit to residents affected by the Arden Place Drainage project in time to discuss the matter at the next Council worksession. FIRE DEPARTMENT BENEFITS Councilmember Malone updated as to changes in benefi ts for the Fire Department. VACATION OF EASEMENT Councilmember Hicks, for informational purposes, provided Council with a memo regarding a resident's idea that the City request the County vacate a portion of the easement along Old Snelling Avenue. Hicks said if Council desired, this item could be discussed at a later time. NORTHWESTERN COLLEGE Councilmember Hicks said he disagrees with the Planning Commission's decision to notify Northwestern College that they are in violation of the City's zoning code for . activities on the waterfront. Acting Clerk Iago stated that rather than issue a violation, she and City Planner Bergly will be meeting with representatives from the college in this regard. CITY HALL SITE Mayor Sather updated, and promised to keep Council abreast, as to discussions involving a possible property trade of the existing City Hall site for property near West Round Lake. ADJOURN MOTION: Malone moved, seconded by Hicks, to adjourn the meeting at 9:30 p.m, Motion carried unanimously (4-0) . Thomas R. Sather, Mayor Catherine J. Iago, Deputy Clerk NOTICE OF MEETINGS: The next Council worksession will be held July 20, 1992 at 4:30 p.m. The next regular Council meeting will be held July 27, 1992 at . 7:30 p,m, at City Hall, ,', ~ . Arden Hills Council 2 July 27, 1992 Refunding Bonds of 1995, e. Approve List of Claims/Payroll. f. Authorize Door-to-Door Canvassing by Citizens for a Better Environment. Mayor Sather commented that Frank Green, who will be moving from the community to pursue his career out of state, has provided wise financial leadership in the position of City Treasurer during his tenure with the City. On behalf of Council, staff and residents, the Mayor extended best wishes to Frank and his family, PUBLIC COMMENTS There were no public comments. PUBLIC HEARINGS Mayor Sather opened the meeting at 7:34 p.m. for the purpose of continuing a public hearing, from 6/29/92 regular Council meeting, on the matter of Arden Place Drainage. He clarified that this is an improvement hearing, not an . assessment hearing. City Engineer Graham stated that of the two remaining options to correct Arden Place drainage problems, a determination has been made that the preferable option is to direct storm water runoff to the east toward property owned by the Arden Hills Island Beach Club (formerly Lake Johanna Beach Club). He added that he contacted the club's President, Dave Plummer, regarding any necessary easement acquisition and invited him to this meeting. (Mr. Plummer, however, was not in attendance.) Bill Thornton, 3510 Siems Court, stated his property abuts the property with the alleged drainage problem. He stated that some of the residents in the area are confused as to exactly where the drainage pipe is proposed to be located. Graham explained there is an existing small diameter pipe which is clogged and several unsuccessful attempts to clear the pipe have been made by City staff, He outlined the proposed pipe location relative to the location of the existing clogged pipe. Bill Thornton stated that he and many Beach Club members object to public funds or assessments to pay for the . proposed drainage system on the basis that it is unnecessary and has existed for many years, He added that if the City could unplug the existing drainage system, that would be acceptable. Diane Pearson, 1556 Arden Place, stated that in the best interest of the lake and environment, any drainage should be --- ------ . . Arden Hills Council 3 July 27, 1992 directed to flow into the wetland instead of through the channel. she added that residents should not be assessed for any improvement because the City allowed development of the area even though the location is inappropriate for development, and she adamantly opposes assessment if the environmental issues are not addressed. Brad Lis, 1548 Arden Place, supported directing flow to the wetland rather than through the channel to avoid any detrimental affect on the environment. Dale Noyed, 3505 Ridgewood Road, stated that all he wants is to correct the problem of water in his backyard and basement and on his neighbor's (McGuire's) property. He added that either he or the contractor has to periodically pump the water from his property, He recommended the City use the most direct, shortest drainage route possible in order to control costs. He asked if there may be a company outside the City which may be more experienced and better equipped to try to unplug the existing pipe. Arnold Lindberg, 3520 Siems Court, stated his property . borders the lot affected by the drainage problem and he questioned whether every possible attempt has been made to unplug the existing drainage pipe. He stated that substantial clogging of the existing pipe occurred during development of he area. He recalled that when the lots were developed a certain area was identified for drainage purposes. Lindberg stated it appears the City did not follow through to insure the drainage area was maintained. It was his opinion the City would be obligated to correct the problem. Public Works Superintendent Winkel explained that several attempts to clear the existing pipe were unsuccessful and it was assumed, based on checks at several different points along the pipe, that it is plugged solid with tree roots and other debris. He voiced concern that further investigation to unplug the existing pipe may result in the loss of trees in the area. The public hearing was closed at 8:00 p.m. Councilmember Mahowald asked if there is any possible method available to clear the existing pipe. Winkel stated that all attempts to unplug the pipe revealed it was plugged solid in all areas checked. Mahowald stated that the . estimated costs of the two remaining drainage options are relatively similar, but perhaps one last attempt to clear the existing pipe may be prudent. Attorney Filla agreed that the cost of the two remaining options to redirect drainage are similar taking into consideration anticipated easement acquisition costs. . . Arden Hills Council 4 July 27, 1992 Councilmember Hicks asked what the cost would be to make one more attempt, perhaps by an outside contractor specializing in this type of work, to clear the existing plugged pipe. Winkel stated that he was not sure of cost, but he could investigate and hire someone if the cost is reasonable. Councilmember Hicks asked if it is possible to properly maintain the existing pipe if it can be cleared. Winkel stated he expects continuing clogging problems due to the age and condition of the pipe. Councilmember Hicks asked if the City has any indication from Arden Hills Island Beach Club as to the cost of easement acquisition relative to the option directing water through that area. Engineer Graham stated that through previous discussions the inference was made that easement acquisition costs would be minimal, just enough to cover legal costs, etc. Councilmember Mahowald suggested setting a limit for the cost of one final attempt to clear the existing pipe. He added that perhaps the engineer should proceed with . preparation of plans and specifications because delay may result in the inability to complete the project this year if it is ordered by Council, Council concurred, Councilmember Malone commented that although unplugging the existing pipe is most likely impossible and it would not be a permanent solution, it may be reasonable to attempt to do so if the cost is relatively reasonable because this project is not budgeted this year. Winkel stated that he would investigate the cost of renting more sophisticated equipment to make one last attempt to clear the existing pipe, and would also contact outside contractors to investigate costs. Council directed Winkel to proceed as outlined, MOTION: Mahowald moved, seconded by Hicks, to adopt Resolution 92-53 Ordering The Preparation Of plans And Specifications In The Matter Of Arden place Drainage Improvement, using the option which directs runoff to property owned by the Arden Hills Island Beach club. Motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS . REOUEST TO HIRE CITY ACCOUNTANT TERRANCE POST Council received a request and recommendation from Acting Clerk Administrator Iago to hire Terrance Post, who has been . tit Arden Hills Council 5 July 27, 1992 employed through a temporary service from April 30 to July 24, 1992, to fill the City Accountant vacancy. Iago's request outlined the work Mr, Post performed during his temporary employment with the City, and stated that Mr. Post has displayed initiative, innovation, cooperation, flexibility, thoroughness and a willingness to assume tasks. MOTION: Malone moved, seconded by Growe, to hire Terrance Post for the position of City Accountant, effective July 27, 1992, at a starting annual salary of $38,100.00 ($3,175jmonth), which is step 3 of the 1992 Pay Play; and authorize payment of a separation fee to Olsten Temporary Services, Inc, in the amount of $900.00. Motion carried unanimously (5-0). RESOLUTION 92-54 - TRANSFER OF FUNDS BY TELEPHONIC INSTRUCTION Council considered a resolution which would authorize Treasurer Terrance Post, Councilmember Paul Malone and Acting Clerk Administrator Catherine Iago to transfer by phone City funds on deposit at Norwest Bank, ~ MOTION: Malone moved, seconded by Mahowald, to adopt Resolution 92-54 Transfer Of Funds By Telephonic Instructions. Motion carried unanimously (5-0). RESOLUTION 92-55 - DESIGNATING DEPOSITORIES & CORPORATION AUTHORIZATION Council considered a resolution which naming Norwest Bank as the official depository for all City funds for the calendar year 1992, and authorizing Mayor Thomas Sather, Acting Mayor Mahowald, Councilmember Malone, Acting Clerk Administrator Iago, and Treasurer Terrance Post as signatories. MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-55 Designating Depositories and Corporation Authorization. Motion carried unanimously (5-0). RESCHEDULE REGULAR AUGUST 10 1992 COUNCIL MEETING TO AUGUST 17, 1992 Council considered rescheduling the regular August 10, 1992 Council meeting to August 17, 1992, due to Council absences. Acting Clerk Iago stated that thus far there are no public hearings scheduled for August 10 and she would arrange ~ proper notice if Council chose to reschedule, MOTION: Malone moved, seconded by Mahowald, to reschedule the regular August 10, 1992 Council meeting to August 17, 1992. Motion carried unanimously (5-0). , . Arden Hills Council 6 July 27, 1992 COUNCIL COMMENTS PARK DEDICATION FEE FOR WHAT A RACOUET SPORTS CLUB Councilmember Hicks reported that park dedication has been negotiated with Dennis Foster - What a Racquet Sports Club, wherein they have agreed to a 10% park dedication fee. PARK & REC MISSION STATEMENT Councilmember Hicks noted that the Mission Statement prepared by the Parks and Recreation Committees at their April meeting has been reviewed by Council, councilmember Malone commented that in addition to the prepared Mission Statement, an important responsibility of the Parks and Recreation Department involves emphasis on effective use of limited funds. PERFORMANCE EVALUATION FOR PARK DIRECTOR . Council recessed at 8:23 p.m. and then reconvened in closed session for the purpose of conducting a performance evaluation for Park Director John Buckley. ADJOURN Council reconvened the Regular Council meeting. MOT ION : Malone moved, seconded by Mahowald, to adjourn the meeting at 9:45 p.m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor Catherine Iago, Deputy Clerk NOTICE OF MEETINGS: The next regular Council meeting will be held August 17, 1992 at 7:30 p.m. at City Hall, . , . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING July 13, 1992 7:30 P.M. - City Hall ~ALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, councilmember Mahowald called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Dale Hicks, Thomas Mahowald, Paul Malone. (Mayor Sather joined the meeting at 7:33 p.m. under "Public Hearings"). Absent: Councilmember JoAnn Growe. Also present were: City Attorney, Jerry Fi 11 a ; City Planner, John Bergly; City Engineer, Terry Maurer; Parks Director, John Buckley; Publi c Works Superintendent, Dan Winkel; Acting Clerk Administrator, Catherine Iago; Recording Secretary, Foster. ADOPT AGENDA Acting Clerk Administrator Iago advised that Attorney Balyk representing agenda item 7D "Discussion of Draft Interim Use Agreement & site plan Review for What-A-Racquet Sports Club" has advised that item 7D may need to be moved to later on this evening's agenda to allow for his attendance. . Note was made that agenda item 7G (Consideration of Resolution No, 92-48) has been revised by the City Engineer and split into two Resolutions (No. 92-48 and 92-49). MOTION: Hicks moved, seconded by Malone, to adopt the July 13, 1992 agenda as amended relative to items 7D and 7G, Motion carried unanimously (3-0), APPROVAL OF COUNCIL MINUTES MOTION: Malone moved, seconded by Hicks, to approve the minutes of the June 29, 1992 Regular Council Meeting as prepared. Motion carried unanimously (3-0) . CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (3-0). a. Adopt Resolution No. 92-46 Relating to Reapportionment of Assessments Relating to Improvement No. 91-BITOLAY (1991 Bituminous . Overlay) . b. Approve Estimate #l - 1992 Tiller Lane Improvements. , Arden Hills Council 2 July 13, 1992 . c. Approve Pay Estimate #4 for 1991 North Snelling Avenue Improvements. d. Adopt Ordinance No. 289 Relating to Residential Recycl ing Fees. e, Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. PUBLIC HEAR,INGS KEITHSON POND ASSESSMENT HEARING CONTINUED FROM JUNE 29, 1992 Mayor Sather joined the meeting at this time. Mayor Sather reopened the meeting at 7:33 p.m. for the purpose of continuing a public hearing on Keithson Pond Assessments. Engineer Maurer stated that information regarding Keithson Pond Assessments was provided at the June 29, 1992 Counci 1 meeting, . Councilmember Mahowald asked if there is any new information regarding properties contributing to the Keithson drainage problem. Engineer Maurer stated that in reviewing the properties, MSA believes the information given at the June 29 meeting as to which properties contribute drainage and are thus subject to assessment is correct. He added that it has been determined that the townhomes in the area do not significantly contribute drainage. Councilmember Hicks asked if the alternative plan described in the engineer's July 8 memo, at a cost of $8,000 - $13,000, will adequately correct the existing drainage problem. Maurer said the plan would address the existing problem, and the design would provide for overflow to cross the Reiling property. He added that the development which has occurred in the Keithson addition would increase the runoff across the Reiling property. Further, this overland flow would have to be dealt with when the remaining Reiling property is developed. Councilmember Hicks questioned whether an easement would be necessary if the retention pond were designed properly. Attorney Filla said the Reiling property owner would argue that the City does not have the right to use his property . without an easement. Councilmember Malone said the original intent was to drain across the Reiling property, but it is not known whether that would have worked. He added that it , f Arden Hills Council 3 July 13, 1992 . appears that there is now an improved plan to address the problem. Councilmember Malone reminded that the appraiser has determined that a $1,500 per lot assessment would be justifiable to benefiting lots. He commented that in viewing the topographical maps of the Keithson area, it appears that lots on the eastern side of the street contribute about 50% of their drainage to Keithson pond, lots on the western side of the street contribute 100% of their drainage to the pond, and one lot on the northeast contributes about 25% of its drainage. In light of this observation, he suggested that the western lots (except for the one at the north end) be assessed at 100%, eastern lots and the most northwestern lot at 50%, and the one north lot at 25% of $1,500. Councilmembers Mahowald and Hicks concurred. MOTION: Malone moved, seconded by Hicks, to determine that the Keithson Pond project provides the following benefits in storm water run-off, and assessments are to be run over a five year period and calculated on the basis of 100% being equal to $1,500 per lot. - 100% benef it ($1,500 assessment) to lots with addresses 4527, 4521, 4509, 4503 Keithson Drive; . - 50% benefit ($750 assessment) to lots with addresses 4504, 4510, 4516, 4522, 4528, 4534, 4539 Keithson Drive; - 25% benefit ($375 assessment) to lot with address 4540 Keithson Drive. Motion carried unanimously (4-0). Council questioned when construction would begin. Engineer Maurer stated the City has the right of entry to begin proceeding with the work upon notification of the contractor. Attorney Filla concurred, UNFINISHED AND NEW BUSINESS ORDINANCE 288 - DEVELOPMENT MORATORIUM City Planner Bergly advised that after several months of discussion, the Planning Commission has recommended that Council adopt a development moratorium, via adoption of Ordinance 288, for a one-year period in order to provide time for a comprehensive review of the City's zoning regulations. MOTION: Malone moved, seconded by Hicks, to adopt Ordinance 288 Establishing a City-Wide Development Moratorium for one . year, Motion carried unanimously (4-0). } Arden Hills Council 4 July 13, 1992 . CASE 92-06 - AMEND SUP - AMOCO OIL City Planner Bergly gave the following background with regard to a request for a car wash at Amoco Oil, 1306 West County Road E: _ The Planning Commission, at their June 1992 meeting, reviewed the request but had several concerns and recommended denial. _ Following that meeting, the applicant and staff worked out a different layout for the car wash which meets all ordinance requirements without the need for a variance. _ The revised plan calls for the car wash to be detached and handled as an accessory building. - The station has about 20 parking stalls on the site, and is required by code to have 16 stalls. However, because the station has had the need for more parking, a long-term parking agreement with the adjacent restaurant exists. _ Planning Commission reviewed the revised plan on July 1, 1992 and recommended approval of the amended special use permit with II conditions, and subject to the applicant submitting the parking lease and title of the property for review by the City Attorney. . Councilmember Malone asked if concerns regarding stacking of vehicles entering the car wash have been addressed. Bergly said that stacking of vehicles using the revised plan does not appear to be a potential problem, that during peak car wash use, vehicles can be stacked on site without interfering with traffic on County Road E. Bergly added that the revised plan exits car wash vehicles quite a distance from County Road E, which should eliminate potential icing of County Road E during cold weather. Councilmember Malone noted that the parking agreement between Amoco and the adjacent restaurant runs month to month and only until July 1994. Attorney Filla recommended that condition 6 of Planning Commission's approval, (addressing the parking agreement), read as follows: "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking requirements of the station. The parking agreement shall provide 20 additional spaces, In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking spaces, including, but not limited to, the reduction in . the intensity of the use," Arden Hills Council 5 July 13, 1992 Harry Schroeder, architect for Amoco, explained that . currently the additional parking has been required since there is more demand for the service garage than can be handled. By adding a third service bay to the station, more service work can be performed in a quicker fashion, thus fewer cars wi 11 be parked. Councilmember Mahowald said theoretically that may be so, however, he preferred using the language suggested by Attorney Filla relative to condition 6, Councilmember Mahowald asked if the concerns expressed by the adjacent dental office have been addressed. Bergly said the dental office concerns related to trespass light from the car wash, and the new layout eliminates that potential problem. MOTION: Malone moved, seconded by Hicks, to approve the amended SUP for Amoco Oil Company, 1306 West County Road E, (Case 92-06) subject to: - Ten conditions spelled out within the July 1, 1992 Planning Commission minutes, condition 6 to read: "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking . requirements of the station. The parking agreement shall provide 20 additional spaces. In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking spaces, incl uding, but not limited to, the reduction in the intensity of the use. " and, , - Proof of parking lease between Amoco and the adjacent restaurant and title for the property be provided to the City Attorney for his review and approval. Motion carried unanimously (4-0). CASE 92-12 - MINOR SUBDIVISION - ALPO City Planner Bergly outlined the existing 14,88 acre property at 4251 Fernwood Avenue North, which the owner is proposing to split into two nearly equal sized parcels, one for the Alpo Pet Food site and one vacant parcel. He added that there is a slight discrepancy in the lot descriptions which will need to be cleared, but Planning Commission's position was that the intent was obvious and acceptable and the attorneys could work out the lot description details, therefore, they recommended approval of the minor subdivision with six conditions. . Arden Hills Council 6 July 13, 1992 . In response to Council questions, Bergly stated that one possible use of the newly created vacant parcel would be that CPI would purchase it for parking purposes. Parks Director Buckley stated that perhaps the City trail could then connect to CPI property. Mike Nordstrom, representing Grand Met/Alpo Pet Foods, said that condition 2 of the Planning Commission is that park dedication requirements be determined and either dedicated along with the division or paid prior to filing. He asked if it would be possible to wait until the newly created parcel is developed in order to allow input from a new owner. Attorney Filla stated that typically park dedication fees are imposed as part of a lot split. In order to accommodate Mr. Nordstrom's request, he suggested that before the city stamp the deed, it include notations as to the need to satisfy park dedication. MOTION: Hicks moved, seconded by Mahowald, to approve the minor subdivision/lot split, (Case 92-12) with the six conditions spelled out in the July I, 1992 Planning Commission minutes, condition 2 to read: . "Park Dedication requirements are to be determined, and the deed for the newly created vacant parcel is to be stamped with a notation that park dedication requirements must be satisfied before issuance of a building permit. " Motion carried unanimously (4-0), INTERIM USE AGREEMENT/SITE PLAN WHAT-A-RACOUET SPORTS CLUB Attorney Filla stated that rather than litigate this issue, he and Attorney Balyk, representing Dennis Foster/What-A- Racquet Sports Club, have discussed the possibility of entering into an interim use agreement which would allow Mr, Balyk's client to construct a tennis facility for a five year period. Council was provided a copy of the draft interim use agreement. Filla explained that the agreement allows for a three year extension at the end of the initial five years, provided the developer requests the extension 90 days prior to expiration of the initial five year period, and provides data or information in a form acceptable to the City which indicates that: I) The developer has made a good faith effort to obtain . financing for a permanent structure but is unable to obtain such financing, and, Arden Hills Council 7 July 13, 1992 2) The developer needs additional time to repay debt . incurred to construct the project, Attorney Filla drew attention to the fact that the language requires the developer must meet both requirements. Councilmember Malone commented that the interim us e agreement appears to match Council's intent. Mayor Sather asked what would happen if financing for this project fall s through. Fill a responded that the developer must satisfy the terms and conditions of the agreement within 60 days or must comply with the City's ordinances (including development moratorium) unless Council excludes this issue from the moratorium. MOTION: Malone moved, seconded by Hicks, to authorize the Mayor and City Administrator to execute the Interim Use Agreement between the City and Dennis Foster/What-A- Racquet Sports Club, Motion carried unanimously (4-0), MOTION: Malone moved, seconded by Hicks, to approve the site plan (Case 92-09) for Dennis Foster/What-A-Racquet Sports Club, subject to execution of the Interim Use Agreement. Motion carried unanimously (4-0). . Councilmember Hicks commented that in discussions with the developer, the developer has suggested 8% park dedication fees, and delaying payments until December, 1992 wi th prime rate interest. Hicks added that the land value, as determined by the developer's appraiser is $420,000. Hicks stated that he would prefer a 10% park dedication fee but would be agreeable to delayed payments with prime rate interest. Council concurred. Councilmember Malone commented that although the What-A- Racquet building is to be a recreational use, it is also a profit business, and is therefore subject to park dedication in the same manner as any other building permit. RESOLUTION 92-46 ACCEPTING BID 1992 COLD IN PLACE RECYCLING PROJECTS Engineer Maurer stated there were three bids received July 9, 1992, on the 1992 Street Cold In Place Recycling Improvements, of which the lowest bid was $82,948.10 from Ashbach Construction, He added that this low bid is 30% under the engineer's estimate, and that bidder has received good references from Ramsey County and the State of Minnesota for similar work done in those jurisdictions. . 'I' ." Ie " I; . , Arden Hills Council 8 July 13, 1992 . Council was asked to accept all bids, by adopting Resolution 92-46; action to award the contract to be accomplished at a later time. MOTION; Malone moved, seconded by Hicks, to adopt Resolution 92-46 Accepting Bids In The Matter Of The 1992 street Cold In Place Recycling Improvements, Motion carried unanimously (4-0) . RESOLUTION 92-47 ASSESSMENT RATE 1992 COLD IN PLACE RECYCLING PROJECTS Councilmember Malone commented that the amount of $10,73 per assessable front foot, noted within draft Resolution 92-47, might be somewhat low as a front foot assessment rate due to a competitive bidding market. He said $1I,OO per front foot would probably be a more typical figure. Engineer Maurer concurred. Councilmember Hicks asked if City Engineers expect any change orders which may increase the cost of the cold in place recycling projects. Maurer said no change orders are anticipated, . MOTION; Hicks moved, seconded by Malone, to adopt Resolution 92-47 Establishing A Commercial/Industrial Assessment Rate For 1992 Cold In Place Recycling Improvements ($11.00 per assessable front foot), Motion carried unanimously (4-0). RESOLUTION 92-48 - ASSESSMENTS WEST ROUND LAKE ROAD - 1992 COLD IN PLACE RECYCLING PROJECT MOT ION; Malone moved, seconded by Hicks, to adopt Resolution 92-48 Determining Assessed Cost Of Improvement And Ordering Preparation Of Proposed Assessment Roll In The Matter Of The West Round Lake Road 1992 Cold In Place Recycling. Motion carried unanimously (4-0), RESOLUTION 92-49 - ASSESSMENTS DUNLAP STREET - 1992 COLD IN PLACE RECYCLING PROJECT MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-49 Determining Assessed Cost Of Improvement And Ordering Preparation Of Proposed Assessment Roll In The Matter Of The Dunlap Street 1992 Cold In Place Recycl ing . Motion carried unanimously (4-0), . Councilmember Mahowald asked when the cold in place recycling projects would begin. Engineer Maurer responded --- . Arden Hills Council 9 July 13, 1992 that they could begin in late August and be completed in . September. FRANCIS PODLAS~K DRIVEWAY ISSUE This agenda item was continued from the June 29, 1992 Counci 1 meeting. Counci 1 was in receipt of correspondence from Engineer Graham, wherein Graham, as directed by Counci 1 , determined a cost of $1,500 for pavement removal and excavation from Mr. Podlasek's driveway at 4410 North Snelling Avenue. Counci 1 was also in receipt of correspondence from Mr. podlasek outlining a chronology of events leading to his dissatipfaction with his driveway as part of the reconstruction of North Snelling Avenue, as we 11 as three estimates solicited by Mr, Podlasek. Mr, podlasek stated that of the three bids he received (ranging from $1,830 to $2,240) he preferred the $2,240 bid because it addressed necessary landscaping of his yard in addition to correcting his driveway. Engineer Maurer commented that Engineer Graham's estimate does not address trees or landscaping and includes less fill . removal than the three estimates Mr, Podlasek received. Councilmember Malone noted per Graham's correspondence that if the driveway would have been cut back 40', as originally recommended to Mr. Podlasek as part of the North Snelling Avenue Reconstruction project, the cost would have been approximately $376. Maurer explained that since street reconstruction projects do not typically address landscaping or trees, the $376 figure does not include those items. He added that performing corrective work now will also be more expensive simply because it is not part of a large project, Mayor Sather commented that he considers landscaping an improvement to the private property, unrelated to the driveway issue, Councilmember Mahowald concurred and stated that landscaping work is also beyond the scope of what would have been done as part of the North Snelling Avenue Reconstruction project. Mr. Podlasek said that as a result of the reconstructed street, he has given up trees and acceptable landscaping and he thinks Council would agree if they were to view his property. Councilmember Hicks commented that if Mr. Podlasek had taken . action while the contractor was still working the street reconstruction project, he could have avoided the higher __n____ Arden Hills Council 10 July 13, 1992 . expense involved now. He asked Mr. Pod1asek how much responsibility he assumes for not taking prompt action. Mr. Podlasek said he doesn't think he has any responsibility for what happened, Counci1member Malone stated that in all City projects, the City does the best it canl but the public must also do their part. He stated that the City is not responsible to return a driveway back to its original grade after construction projects, some deviation of original grade may be necessary to match reconstructed streets. Attorney Filla stated that in situations such as this he recommends that before any amount of compensation is awarded, the City receive a release of claim. ~For purposes of discussion, Counci1member Mahowald offered the following motion. MOTION: Mahowald moved, seconded by Hicks, to compensate Mr, pod1asek in the amount of $1,900 for improvement of his driveway, upon receipt of a release of claim. Motion failed (2-2; Mahowald & Hicks voted aye; Sather & Malone voted nay). . Counci1member Malone commented that he believes a fair compensation is about half the amount in the previous motion because he does not think someone should "benefit" from a project in this manner. Mayor Sather concurred, MOTION: Malone moved, seconded by Hicks, to compensate Mr. Podlasek in the amount of $800 for improvement of his driveway, payable to a contractor of Mr. Podlasek's choice, upon receipt of a release of claim. Motion carried (3-1; Mahowald, Malone & Sather voted aye; Hicks voted nay). COUNCIL COMMENTS ARMY RESERVE BREAKFAST & PROPERTY Acting Clerk Administrator Iago reminded Council of the Arden Hills Army Reserve Center informal breakfast meeting on July 22, 1992 and noted which Councilmembers might attend. Mayor sather announced that he will be meeting soon with Army representatives regarding potential use of the Army Reserve property; he invited Council to attend. tt ---- - ---- . . Arden Hills Council 11 July 13, 1992 . ARDEN PLACE DRAINAGE Councilmember Malone suggested and Council directed the City Engineer and appraiser to determine the benefit to residents affected by the Arden Place Drainage project in time to discuss the matter at the next Counci 1 worksession. FIRE DEPARTMENT BENEFITS Councilmember Malone updated as to changes in benefits for the Fire Department. VACATION OF EASEMENT Councilmember Hicks, for informational purposes, provided Council with a memo regarding a resident's idea that the City request the County vacate a portion of the easement along Old Snelling Avenue. Hicks said if Council desired, this item could be discussed at a later time. NORTHWESTERN COLLEGE Councilmember Hicks said he disagrees with the Planning Commission's decision to notify Northwestern College that they are in violation of the City's zoning code for . activities on the waterfront. Acting Clerk Iago stated that rather than issue a violation, she and City planner Bergly will be meeting with representatives from the college in this regard. CITY HALL SITE Mayor Sather updated, and promised to keep Council abreast, as to discussions involving a possible property trade of the existing City Hall site for property near West Round Lake. ADJOURN MOTION: Malone moved, seconded by Hicks, to adjourn the meeting at 9:30 p.m, Motion carried unanimously (4-0). Thomas R. Sather, Mayor Catherine J, Iago, Deputy Clerk NOTICE OF MEETINGS: The next Council worksession will be held July 20, 1992 at 4:30 p,m. The next regul ar Council meeting will be held July 27, 1992 at tt 7:30 p.m. at City Hall. , 'I -- --- ~ ------- . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING July 27, 1992 7:30 P.M. - Ci ty Hall CALL TO ORDER/ROLL CALL Note that Council met at 6:30 p,m. for discussions with public relations company and to receive a report from Architect Probst regarding the new City Hall. Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p,m. Present: Mayor Thomas Sather; Councilmembers JoAnn Growe, Dale Hicks, Thomas Mahowald, Paul Malone. Also present were: City Attorney, Jerry Filla; City Engineer, Mark Graham; Parks Director, John Buckley; Public Works Superintendent, Dan Winkel; Acting Clerk Administrator, Catherine Iago; Recording Secretary, Foster. ADOPT AGENDA . Council received a request from Citizens for a Better Environment for permission to conduct door-to-door canvassing within the City from August I to September 1, 1992 relative to their environmental advocacy work, Council agreed to add this item to the Consent Calendar as item f. MOTION: Malone moved, seconded by Mahowald, to adopt the July 27, 1992 agenda, including the addition of Consent Calendar item f, Motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTES Council agreed to consider approval of the July 13, 1992 Regular Council meeting minutes at a later time. CONSENT CALENDAR MOTION: Malone moved, seconded by Growe to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0), a. Accept Resignation of City Treasurer Frank Green. b. Adopt Resolution No. 92-50 Commending Frank Green, . c. Adopt Resolution No. 92-51 Approving Transfer of Ownership of North Central Cable Communications Corporation. d. Adopt Resolution No. 91-52 Calling for Redemption of Outstanding General Obligation Advance . Arden Hills council 2 July 27, 1992 Refunding Bonds of 1995. e. Approve List of Claims/Payroll. f. Authorize Door-to-Door Canvassing by Citizens for a Better Environment. Mayor Sather commented that Frank Green, who will be moving from the community to pursue his career out of state, has provided wise financial leadership in the position of City Treasurer during his tenure with the City. On behalf of Council, staff and residents, the Mayor extended best wishes to Frank and his family. PUBLIC COMMENTS There were no public comments, PUBLIC HEARINGS Mayor Sather opened the meeting at 7:34 p.m. for the purpose of continuing a public hearing, from 6/29/92 regular Council meeting, on the matter of Arden Place Drainage. He clarified that this is an improvement hearing, not an . assessment hearing. City Engineer Graham stated that of the two remaining options to correct Arden Place drainage problems, a determination has been made that the preferable option is to direct storm water runoff to the east toward property owned by the Arden Hills Island Beach club (formerly Lake Johanna Beach Club). He added that he contacted the Club's President, Dave Plummer, regarding any necessary easement acquisition and invited him to this meeting, (Mr. Plummer, however, was not in attendance.) Bill Thornton, 3510 Siems Court, stated his property abuts the property with the alleged drainage problem. He stated that some of the residents in the area are confused as to exactly where the drainage pipe is proposed to be located. Graham explained there is an existing small diameter pipe which is clogged and several unsuccessful attempts to clear the pipe have been made by City staff. He outlined the proposed pipe location relative to the location of the existing clogged pipe. Bill Thornton stated that he and many Beach Club members object to public funds or assessments to pay for the . proposed drainage system on the basis that it is unnecessary and has existed for many years. He added that if the City could unplug the existing drainage system, that would be acceptable. Diane Pearson, 1556 Arden Place, stated that in the best interest of the lake and environment, any drainage should be . Arden Hills Council 3 July 27, 1992 directed to flow into the wetland instead of through the channel. She added that residents should not be assessed for any improvement because the City allowed development of the area even though the location is inappropriate for development, and she adamantly opposes assessment if the environmental issues are not addressed. Brad Lis, 1548 Arden Place, supported directing flow to the wetland rather than through the channel to avoid any detrimental affect on the environment. Dale Noyed, 3505 Ridgewood Road, stated that all he wants is to correct the problem of water in his backyard and basement and on his neighbor's (McGuire's) property. He added that either he or the contractor has to periodically pump the water from his property. He recommended the City use the most direct, shortest drainage route possible in order to control costs, He asked if there may be a company outside the City which may be more experienced and better equipped to try to unplug the existing pipe. Arnold Lindberg, 3520 Siems Court, stated his property . borders the lot affected by the drainage problem and he questioned whether every possible attempt has been made to unplug the existing drainage pipe, He stated that substantial clogging of the existing pipe occurred during development of he area. He recalled that when the lots were developed a certain area was identified for drainage purposes. Lindberg stated it appears the City did not follow through to insure the drainage area was maintained. It was his opinion the City would be obligated to correct the problem, Public Works Superintendent Winkel explained that several attempts to clear the existing pipe were unsuccessful and it was assumed, based on checks at several different points along the pipe, that it is plugged solid with tree roots and other debris. He voiced concern that further investigation to unplug the existing pipe may result in the loss of trees in the area. The public hearing was closed at 8:00 p.m. Councilmember Mahowald asked if there is any possible method available to clear the existing pipe. Winkel stated that all attempts to unplug the pipe revealed it was plugged solid in all areas checked. Mahowald stated that the . estimated costs of the two remaining drainage options are relatively similar, but perhaps one last attempt to clear the existing pipe may be prudent. . Attorney Filla agreed that the cost of the two remaining options to redirect drainage are similar taking into consideration anticipated easement acquisition costs. ----- . Arden Hills Council 4 July 27, 1992 Councilmember Hicks asked what the cost would be to make one more attempt, perhaps by an outside contractor specializing in this type of work, to clear the existing plugged pipe. Winkel stated that he was not sure of cost, but he could investigate and hire someone if the cost is reasonable. councilmember Hicks asked if it is possible to properly maintain the existing pipe if it can be cleared. Winkel stated he expects continuing clogging problems due to the age and condition of the pipe, Councilmember Hicks asked if the City has any indication from Arden Hills Island Beach club as to the cost of easement acquisition relative to the option directing water through that area. Engineer Graham stated that through previous discussions the inference was made that easement acquisition costs would be minimal, just enough to cover legal costs, etc. Councilmember Mahowald suggested setting a limit for the cost of one final attempt to clear the existing pipe. He added that perhaps the engineer should proceed with . preparation of plans and specifications because delay may result in the inability to complete the project this year if it is ordered by Council. Council concurred. councilmember Malone commented that although unplugging the existing pipe is most likely impossible and it would not be a permanent solution, it may be reasonable to attempt to do so if the cost is relatively reasonable because this project is not budgeted this year. Winkel stated that he would investigate the cost of renting more sophisticated equipment to make one last attempt to clear the existing pipe, and would also contact outside contractors to investigate costs. Council directed Winkel to proceed as outlined. MOTION: Mahowald moved, seconded by Hicks, to adopt Resolution 92-53 Ordering The Preparation Of plans And Specifications In The Matter Of Arden Place Drainage Improvement, using the option which directs runoff to property owned by the Arden Hills Island Beach Club. Motion carried unanimously (5-0), UNFINISHED AND NEW BUSINESS . REOUEST TO HIRE CITY ACCOUNTANT TERRANCE POST Council received a request and recommendation from Acting Clerk Administrator Iago to hire Terrance Post, who has been . ... Arden Hills Council 5 July 27, 1992 employed through a temporary service from April 30 to July 24, 1992, to fill the City Accountant vacancy. Iago's request outlined the work Mr. Post performed during his temporary employment with the City, and stated that Mr. Post has displayed initiative, innovation, cooperation, flexibility, thoroughness and a willingness to assume tasks. MOTION: Malone moved, seconded by Growe, to hire Terrance Post for the position of City Accountant, effective July 27, 1992, at a starting annual salary of $38,100.00 ($3,175/month), which is step 3 of the 1992 Pay Play; and authorize payment of a separation fee to Olsten Temporary Services, Inc, in the amount of $900.00. Motion carried unanimously (5-0). RESOLUTION 92-54 - TRANSFER OF FUNDS BY TELEPHONIC INSTRUCTION Council considered a resolution which would authorize Treasurer Terrance Post, Councilmember Paul Malone and Acting Clerk Administrator Catherine Iago to transfer by phone City funds on deposit at Norwest Bank. ~ MOTION: Malone moved, seconded by Mahowald, to adopt Resolution 92-54 Transfer Of Funds By Telephonic Instructions. Motion carried unanimously (5-0). RESOLUTION 92-55 - DESIGNATING DEPOSITORIES & CORPORATION AUTHORIZATION Council considered a resolution which naming Norwest Bank as the official depository for all City funds for the calendar year 1992, and authorizing Mayor Thomas Sather, Acting Mayor Mahowald, Councilmember Malone, Acting Clerk Administrator Iago, and Treasurer Terrance Post as signatories, MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-55 Designating Depositories and Corporation Authorization. Motion carried unanimously (5-0). RESCHEDULE REGULAR AUGUST 10 1992 COUNCIL MEETING TO AUGUST 17, 1992 Council considered rescheduling the regular August 10, 1992 Council meeting to August 17, 1992, due to Council absences. Acting Clerk Iago stated that thus far there are no public hearings scheduled for August 10 and she would arrange ~ proper notice if Council chose to reschedule, MOTION: Malone moved, seconded by Mahowald, to reschedule the regular August 10, 1992 Council meeting to August 17, 1992. Motion carried unanimously (5-0). . Arden Hills Council 6 July 27, 1992 COUNCIL COMMENTS PARK DEDICATION FEE FOR WHAT A RACQUET SPORTS CLUB Councilmember Hicks reported that park dedication has been negotiated with Dennis Foster - What a Racquet Sports Club, wherein they have agreed to a 10% park dedication fee. PARK & REC MISSION STATEMENT Councilmember Hicks noted that the Mission Statement prepared by the Parks and Recreation Committees at their April meeting has been reviewed by Council. councilmember Malone commented that in addition to the prepared Mission Statement, an important responsibility of the Parks and Recreation Department involves emphasis on effective use of limited funds. PERFORMANCE EVALUATION FOR PARK DIRECTOR . Council recessed at 8:23 p.m. and then reconvened in closed session for the purpose of conducting a performance evaluation for Park Director John Buckley. ADJOURN Council reconvened the Regular Council meeting. MOTION: Malone moved, seconded by Mahowald, to adjourn the meeting at 9:45 p,m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor catherine Iago, Deputy Clerk NOTICE OF MEETINGS: The next regular Council meeting will be held August 17, 1992 at 7:30 p,m, at City Hall. . -------~-- --...--