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HomeMy WebLinkAboutCC 05-02-1977 MINUTES OF SPECIAL COUNCIL MEETING Vi I lage of Arden HI I Is Monday, May 2,1977 - 7:30 p.m. Vi Ilage Hall Call to Order Pursuant to due cal I and notice thereof, Mayor Crepeau called the meeting to order at 7:32 p.m. . Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen Charles Crichton, Robert Woodburn, Ward Hanson, James Wingert. Absent - None. Also Present - Bond Counsel Peter Popovich, Engineer Donald Christoffersen, Treasurer Donald Lamb, Clerk Administrator Charlotte McNlesh, Deputy Clerk. Dorothy Zehm. PUBLIC HEARING - PROPOSED IMPROVEMENT NO. W-P-SS-76-1 Mayor Crepeau opened the Public Hearing at 7:33 p.m. on the proposed construction of Improvement No. W-P-SS-76-1 consisting of Installation of sanitary sewer, watermaln, bituminous surfacing, concrete curb and gutter, drainage faci latles and necessary appurtenances. Engineer Christoffersen reviewed the scope of the project and showed two transparancies, indicating the feasible location of sewer and water lines and streets, based on the preliminary plats of developers. Christoffersen explained that the proposed street "G" (between Amble Road and Nursery Hill Lane) Is the Engineer's Idea; a suggested street to serve the property which is not Included In the present platting; street can be eliminated, if it is not desired. Christoffersen described the three drainage districts; Indicated the Central District wi II flow to Karth Lake; N.W. District to Sunfish Lake; N.E. District tottle/'Lexlngton Basin" - eventually . . - "I':$i)~~ C~ristoffersen described the streets as 7 ton, 34' wide ~1~ With concrete eurb and gutter. Bond Counsel Peter Popovich explained that the estimated total cost of the improvement Is roughly $1,070,000 Sanitary Sewer - $305,000 Water main 213,000 Streets, Drainage, Sidewalks and Street Lighting 552,000 Popovich said that 100% assessment of the project would result In an average lot assessment of about $6,680 for the average R-l, 14,000 sq. ft. lot. . Popovich explained that the earliest an assessment hearing could probably be held, would be in the fall of 1978 after construction costs are known; collection would begin In 1979; he anticipated that assessments would be spread over 20 years at 8% Interest. PopoviCh said the City has several financing options, but this does not have to be determined at this time; will depend on prepayment. Mayor Crepeau opened the hearing to questions and comments from the property owners which are recorded In the attached minutes. After determining there were no further comments or questions, the Public Hearing was closed at 8:30 p,m. Woodburn moved, seconded by Crichton, that Councl I authorize the Engineer to delete from the project the south part of "H" street, "G" street and "G" street cul-de-sac. Motion carried unanimOUSly. Council concurred that sidewalks and street lighting should also be deleted from the Improvement. -1- u i,~~~:, 'i'.: 4 . .~ .Popovich noted that Resolution could be adopted; changes in the Project can be made up to the time the City awards the bid. Crichton moved, seconded by Woodburn, that Council adopt Resolution No. 77-21, Ordering Construction of Improvement No. 76-1. Motion carried unanimously. (Crichton requested that Engineer use open land drainage when practical, omitting pipe when possible). 1n further discussion, Woodburn reported that the City's appraisal of the 30' X 208' southern portion of the Pi Igrlm House property has been received; asked, if an agreement Is reached between the City and Pilgrim House to acquire this land for a road, how cost would be handled. . Popovich indicated, to the extent properties are benefitted, it would be included In the improvement costs and spread as part of the assessment. Reverend and Mrs. Hartmark stated this would not be fair; developers indicated originally he would pay all costs; feel this cost should be the developers' responsibility. Hanson said, in response to Hartmarks, that the Councl I Is attempting to do what 15 f~ir for all concerned. Christoffersen suggested that Council not execute the Final Plat until bids are awarded. . Woodburn moved, seconded by Crichton, that Council authorize City's purchase of the approximate 30'x208' strip of land from Pilgrim House '$1875.00 for street right-of-way; final purchase a~reement and payment to be at time bids are awarded for streets and utlli't.es and Final Pia Is ~xecuted, Motion carried unanimously. (Pi Igrlm Kouse wi II take this action back to the congregation for Its consideration:) =easlbillty Report of Edgewater South and Heights of Johanna Lake ~hrlstoffersen referred the Council to the Heights of Johanna Lake and ~dgewater South Additions Feasibility Report, noting that the total construction costs are estimated at $152,340.00 (sanitary sewer, water main, storm drainage and streets), which Includes 10~ allowance for contingencies. Christoffersen read a letter, signed by both developers (Barry O'Meara an d Ke I th T ramm) adv I sin g they have revtewed the Feas I b I I I ty Report, find It satisfactory and the total cost estimate to be reasonable; aSked-that. the project proceed expeditiously and have plans and specifications ordered as soon as possible. In discussion, Christoffersen explained that excess manhole depth means over at. Christoffersen said that a Public Hearing Is not required re the feasibility report since 100% of the property owners have petitioned the Improvement. In discussion re drainage, Christoffersen said the most economical solution Is to pipe underground; could be some overland drainage on the plat to the north; object Is to connect all the existing ponds and drain to the pond on Cleveland. Christoffersen said he has discussed the drainage situation at Cleveland with the Count,y;....., -' . I . . . . I' ' .. - .' - . ' 1. " ',; has suggested C unty consider Installation of a pipe to relleve.the 'overflow of the pond onto Cleveland Avenue; possibly, If Arden'Hllls supplies the pipe, County will install It; also suggested that Rice Creek Watershed be approached and request an outlet from the pond. Wingert moved that Councl I approve Resolution No. 77-22, Ordering Improvement No. SS-W-P-71-2 and Authorizing Engineer to prepare Plans and, Specifications, Motion was seconded by Hanson and carried unanimOUSly. ~'r re~u~st~d thet: t~e developer proceed with negotl ations to sel I th~ two parcelS shown In the southeast corner of the , Edgewater South Addition at this time; should be consumated at time plat Is recorded. Reauest for Roadside Stand Permit WI I Ilam Flicek explained that he wanted to be present to answer any questions Council may have re his request for a roadside stand permit. ~ 1 , ~ . Minutes of Special Counci I Meeting fage three May.2, 1977 Crepeau explained that Counclf denied the 'request because the requested location (Southwest corner of Lexington and County Road F) carried a lot~f traffic) roadside stand would contribute to traffic problems. Crepeau suggested that Flicek consider relocation to entrance of Flicek property on County Road F at about Fernwood. crlchton~hat there are other problems, besides safety) time requested Is In excess of permit allowance and stand is proposed to be located on land not owned by the applicant. (Resolution No, 76-7 allows a permit on appl icant's own property and Is limited to 30 days.) . It was suggested that Flicek con?lder locating the stand on his own property, or other vacant land in other communities where It Is apparently permitted. Flicek said he considers County Road F and Lexington to be a better corner - more Traffic. Council concurred thaT IT could nOT grant the Permltc as requested. interim Fire Protection Aareement Woodburn Indicated that the Interlm.Flre Protection Agreement appears to be In general concurrence with the requests of the FI re Board. Wingert moved, seconded by Woodburn, that Council authorize the Mayor and Clerk to sign the Agreement on behalf of the City of Arden Hills. Motion carried unanimously. Resolution No. 77-23, Declaring Adequacy of Petition and Ordering Feasibility Report on Improvement No. SS-W-P-77-3 (Skyline) Woodburn moved, seconded by Wingert, that Counci I adopt Resolution 77-23, Declaring Adequacy of Petition and Ordering Feasibility Report for Improvement No. SS-W-P-77-3. Motion carried unanimously. Summons - Northwestern College vs. City of Arden HI lis Counci I concurred that the Summons be referred to Attorney Lynden to prepare an answer. Resolution on Interim OrQanl~atlon of Pollee Department Council was referred to draft of Resolution and after discussion, Hanson moved, seconded by Woodburn, that Council adopt Resolution No. 77-24, Resolution On Interim Organization Of Police Department, as amended. Motion carried unanimously. Minnesota Safety Council Award Dinner Crichton moved, seconded by Woodburn, that Council authorize Lt, McCal I, at his discretion, to attend the banquet, cost to be reimbursed by the City. Motion carried unanimously. Second Access _ L. Anderson Council discussed the unauthori~ed use of a second access to a single-family residence from County Road F and action deemed necessary to s to pit. I . It was suggested that a barricade might be installed or the ditch excavated to prevent vehicular access. Matter was referred to Squires and Johansen to explore and effect a solution which wi II prevent further use of an access to County Road F from the property. Proposed Leqisiatlon ra Increased Medical and Fringe Benefits for State Employees Council expressed concern re proposed legislation re Highway Patrol salary Increases and Increased State Medical and frl'nge benefits for all state employees, and how this increase Wll I reflect In high costs to the cities. McNlesh was asked to request Senators and Representatives to Intercede In opposition to this legislation. -3- . ., ~ ~Inutes of Special Councl I Meeting Page four . . ~lay 2, 1977 Adlournment Wingert moved, seconded by Woodburn, that the meeting adjourn at 11:03 p.m. Motion carried unanimously. ~mjt;dd/ Charlotte McNlesh Clerk Administrator Notice of MeetlnQ The next regular Council Meeting will be held on Monday, May 9, 1977 at 7:30 p.m. at the Village Hall. -4- , lit -., Extract of I1inutes of rteeting of City Council City of Arden HillS Ramsey County, I!innesota 11ay 2, 1977 . Pursuant to due call and notice thereof, a $,_el_1 meeting of the City Council of the City of Arden Hills, l1innesota, was held in the City Hall in said City on 1.10nday, the 2nd day of :>1aY, 1977, at 7:30 o'clock p.m. The following members were present: Crepeeu, CrIchton, Henaon, Wingert, Woodburn and the following were absent: none Also present were: Bond Coun.el Peter PopovIC~, EngIneer Donald Christoffersen. Treasurer Donald La.b. Clerkl AdMlnlstretor Cherlotte McHlesh. , The City Clerk Administrator presented an affidavit showing publication of notice of hearing on proposed Improvement No. W-P-SS-76-l in accordance with the resolution adopted April 11, 1977, which affidavit was examined and found to be satisfactory and was directed to be filed by the Clerk Administrator. The City Clerk Administrator also exhibited a Certificate of ~~iling Notice of Hearing to all affected property owners, which certifi- cate was examined and found to be satisfactory and was directed to be filed by the Clerk Administrator. All persons present were then afforded opportunity to be heard, and the names and addresses of the persons appearing and heard by the Council, and the substance of the views presented by them were as follows: .' .. \ . . , MR. ROBERT f4ANUEL, 4408 l~ortb Holine: Objected to bulldlng UGh Street when Amble Road is just 250 feet away, MR. GBRALD SLADEK, 4420 North HamUne: Also objected to the construction of lOG" Street. Enqineer Cbristoffersen explained that the purpose was just to show how that area could be served by a street. fiR. ffARCBL EIBENS'l'EINER: OWns the property on the north and of hrth Lake with his partner, Keith Harstad. Asked when the interest carryinq charqe would beqin on the assessments. Mr. Popovich answered that it would start when the Council adopts the resolution approving the assessment roll, COUNCIUmN WOOOBURN: Asked Mr. Popovich to explain how the improvement would be financed and interest paid until asses.- ments were collected. fir. Popovich explained that in the total amount of the bond issue there would be inclUded an amouat: for capitalized interest to pay interest on the bonds until assess- ments would beqin to be collected. MR. GALE g, NORDLING, Attorney at Law, 2230 Sioux Boulevard, New Brighton, Minnesota, representin'1 Pilgrim Bouse, 1212 High- way 96, and Reverend Arne Hartmark, 1280 West Bighway 96: Be said the discussion had dealt with 160 lots being platted and assessed, but his clients had no intention of plattinq their acreage. Mr. Popovich replied that the Council can assess for improve- ments on present use as well as future possible use if there is a benefit. l-tt. Nordlinq further explained that to subdivide the property would not be in the best interest or in the nature of the intended use of the property. Be further said his clients hoped the assessment formula wouldn't be such that they'd be required to sell their property and subdivide in order to pay for the improvements, COUNCILMAN HANSON asked about the possibility of deferring aSBessments. Mr. Popovich explained it's possible to do that in cases of hardship, but eventually the assessments and all interest would have to be paid. Until that occurred the city would have to pick up the amount not being collected by increasinq the general taxes. MRS. McNIESH, Clerk Administrator, said that she had received . COJIIIIl\Ulicat!on from Mr. Edward Compton, 1287 Nursery Bill Lane, Lot 4, Block 1, He does not wish to be involved in any way or assessed for the improvement since his house has a sewer hook-up to the existinq line in l'~ursery Hill Lane. 14rs. McNiesh explained that the property owners in this area had put in a lift station in order to connect to the sewer system. She also pointed out that l4r. Euqene Schultz, who is the other property owner on the road, had the same objection. . . ~ COUNCILMAN CRICB'1'ON asked the engineer if the plan for the improvement envisioned changing the sanitary sewer for those homes that currently have the small lift station, Mr. Christof- fersen said that it did, because the proposed sewer is of such. elevation that those property owners could get into the sewer by gravity if they desired to. He pointed out, however, that this would not be a requirement, COUNCILMAN WOODBURN said those loU had already been assessed for sanitary sewer. REVEREND A. D. HARf~~, 1280 West Highway 96: Said that he's been at several Council meetings and Planning COllIIDission meetings and they've heard different numbers for lots and houses to be constructed. He had heard 109, then 116, and now 160. Be asked where the additional land has been obtained and where the additional houses are going. Mr. Popovich replied that the last number was arrived at by assuming 14,000 square feet per lot, taking all of the area within the improvement and dividing by 14,000. Obviously some lots would be larger and some smaller, but that was the assumption made for purposes of the hearing, Reverend Bartmark then said that because of the location of their residence they would get no benefit from curb or from street. He pointed out that they have their own street and asked how that would affect the assessment. Xu:. Popovich said that the laCk of benefits has to be taken into consideration at the assessment hearing, but for purposes of the feasibility hearing the assump- tion was made that each lot would receive all of the improvements. 14R. GALE K. NORDLING, Attorney at Law, representing Pilgrim House and Reverend Bartmark: Asked if there was a time limit within which property owners were required to connect to new sewer and water systems. The answer was 2 years for sewer and no requirement to connect to the water. MR. ROBERT MANUEL, 4408 North Bamline (Spoke before): Asked if the property owners on Amble would be asseased if "Go street were put in. Mr. Christoffersen explained that there is a division of the property betWeen Amble and oG" Street and people owning property on "G" Street could be different owners from the property owners on Amble Road. ~1r. Christoffersen also repeated that the reason he placed the road in this location was simply because there was room to put a street through there, and if it's not desirable to have it there they could cul-de-sac and leave a portion of it out. Mr. Christoffersen also suggested that when the property is subdivided, there might be a better idea for the location of a street. MR, GERALD SLADEK, 4420 North Hamline (Spoke before): Talking about "G" Street, he said that one of the reasons for a . cul-de-sac is privacy - to get away from traffic. But if "G" Street is put in, there would be more traffic going by the homes. COUNCILMAN CRICUTON asked if anyone has been requesting a street in the area of proposed "G" Street. Mr. Christoffersen replied that to his knowledge no one had asked for the street, but he had shown it on the maps just to indicate how . street would fit in. Councilman Crichton then asked if "G" Street were deleted, and part of "H" Street if that would harm the project or if it would still be buildable. Mr. Christoffersen said it would still be buildable. COUNCILMAN WOODBURN asked how much alteration would be required in the feas1bili tyreport and if the Council would have to approve i.t again if these changes were made. Mr. Popovich explained that the Council would only be approving the general concept of the improvements and the actual detail of the plan would be approved only after the Council has looked at the plans and specifications. There being- no one else who asked to be heard, the Mayor declared the hearing closed. Councilman ~ioodburn moved that the engineer be authorized to prepare specifications, deleting from the area under consider- ation the south portion of "U" Street, "G" Street and "G" Street cul-de-sac. The motion was seconded by Councilman CriChton, and carried unanimously. MR. ROBERT MANtTEL, 4408 North. Hamlin. (Spoke before): Said he assumed the developers would pay the assessment for the property they own at Karth Lake. Mayor Crepeau answered that they would. lms, A. D. HAR'l'HAIUC, 1280 West Highway 96: Said that the Council indicated their property would be benefited by the sewer, but they already have sewer. Mayor Crepeau answered that this would be handled at the future assessment hearing. !4R. ROBBRT l.fANOEL, 4408 North Hamline (Spoke before): Talking about "G" Street, Ur. Manuel said be doesn't need a street running alonC]side his bedroom. Mayor Crepeau reminded him that that part of the improvement had been removed. Mr. Christoffersen said that it's possible something might be added back into the improvement if it's better to run that street to Hamline Avenue, Therefore, there's a potential for an assess- ment, but whether there would be an assessment to Mr. Manuel's property would be a decision the Council would have to make at the assessment hearing, . ~ 'I: ... ,-,:' . . After a discussion of the views presented by persons appearing at the public hearing for Improvement cio, vJ-P-SS-76-1, Councilman Crichton then introduced the following resolution and moved its adoption: Resolution No. 77-21 RESOLUTION ORDERING THE CONSTRUCTION OF I!'lPROVEMEN'1' i~O. \'1-P-SS-76-1 UNDER AIID PURSUlUn' TO HIliIliIESO'l'A STATUTES, CHAPTER 429 BE 1'1' RESOLVED by the Council of the City of Arden Hills, liinnesota, that in accordance with the provisions of Minnesota Statutes 1961, Chapter 429, as amended, the Council held a public hearing pursuant to published notice, on the proposed construc- tion of Improvement No. W-P-SS-76-1, consisting of the installation of sanitary sewer and watermain, bituminous surfacing, concrete curb and gutter, and drainage facilities and necessary appurte- nances, generally north and east of Karth Lake to the city limits, and all undeveloped land around <tarth Lake in the Northeast Quarter of Section 22, Town 30, Range 23 as described in the notice of hearing at a cost presently estimated to be approximately $1,070,100.00, and substantially in accordance with the preliminary engineer's report as to the feasibility thereof which is now on file in the office of the City Clerk Administrator; and having considered the views of all interested persons and being fully advised in the premises, the Council does hereby determine and order that said improvement shall be constructed and financed, and special assessments shall be levied therefor, pursuant to said Chapter 429, and that the area proposed to be assessed therefor shall include the property as described in the notice of hearing; and that Banister, Short, Elliott, Hendrickson & Associates are hereby directed to prepare and submit to the Council final plans and specifications for the construction of said improvement. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Woodburn and upon roll call vote being taken thereon, the fOllowing voted in favor thereof:.Crepeeu, CrIchton, Henion, WIngert, Woodburn and the following voted against: none whereupon said resolution was declared duly passed and adopted. . .........- ....;:' - STATE OF MI,;li~ESOTA ) ) SS COUl~TY OF RM1SLY ) I, the undersigned, being the duly qualified and acting Clerk ,1\dministrator of the City of Arden Hills, Ramsey County, ltinnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held on the date therein indicated with the original . of said minutes on file in my office, and that said extract is a full, true and correct transcript of said minutes, insofar as they relate to the proposed construction of Improvement No. W-P-SS-76-l in and for said City, under and pursuant to Minnesota Statutes, Chapter 429, and that the resolution included therein is a full, true and correct copy of the original thereof. WITNESS MY HAND and the seal of said City this ;I~ day of Hay, 1977. ~ M~d er i.~trator (SEAL) .