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HomeMy WebLinkAboutCC 10-28-1991 . . MINUl'ES OF THE ARDEN HILlS REX;ULl\R CXJUNCIL MEEI'ING MONDAY, OCTOBER 28, 1991, 7:30 P.M. - CITY HALL . CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. ROLL CALL The roll being called the following members were present: Mayor Thooas Sather, Councillllernbers Paul Malone, JoAnn Growe and'Ihooas Mahowald. Absent: Counci1member Dale Hicks. Also present: Attorney Jerry Filla, Engineer Mark Graham, Park Director John Buckley, Clerk Administrator Gary Berger anj Deputy Clerk Catherine Iago. AOOPI' AGENDA Malone moved, seconded by Growe, to adopt the October 28 Agen:la as sul:Initted. Motion carried unanimously. (4-0) <XJNSENT Counci1member Malone referred to item 3. (a), Request to CALENDAR Attend Conference, and noted the expenses for =nference attendance have increased substantially over the last few years. He suggested the conference schedules and requests for atten:lance be more closely scrutinized. Malone moved, seconded by Growe, to adopt the Consent Calendar and authorize execution of all necessary documents contained therein: a. Request for Park and Recreation staff to attend Conference. b. Approve List of Claims anj Payroll. Motion carried unanimously. (4-0) . PUBLIC <XlMMENI'S None. VIDEO; <XJUNCIL Mayor sather noted the video portion of the meeting MEEI'ING would not be televised this evening. PUBLIC HEl\RING IMPROVEMENT HRG: Mayor Sather opened the meeting at 7: 36 p.m., for the ARDEN PIACE purpose of a Public Hearing on the Arden Place Inprovement Project. He advised those present that staff presented new information at the Council bench this evening, which relates to the project. The Mayor stated Council has not had an opportunity to review the information and action on the matter may be tabled to the next Council meeting, in order to allow t:iJne for review of the information presented by staff. Mayor Sather stated the public hearing will be held this evening. He requested the Clerk Administrator verify publication of the notice of hearing and receipt of any written =espondence relating to this matter. Clerk Administrator Berger verified publication of the Notice of Inprovement Hearing in the New Briahton Bulletin on Wednesday, October 16, 1991, and mailed to affected property owners the same date. He advised no written ==espondence was received either in favor of or opposed to the proposed inprovement. Mayor Sather enq>lained the Engineer would briefly review the proposed iInprovement project and then the meeting would be opened for comments from members of the . audience. He advised this is a hearing on the feasibility of the inprovement, not an assessment hearing. The Mayor stated assessment of the project would be discussed at a later date, if the project is ordered by Council. -- . , Minutes of the Arden Hills Regular Council Meeting, 10-28-91 Page 2 . HRING (Cont'd) Engineer Graham advised the proposed improvement project was initiated by the City, in response to ClOII'plaints from property owners regarding starxling water in the rear yards at 1553 Arden Place and 1305 Ridgewood Road. Graham identified a parcel of lanj which apparently served as a drainage collection area, prior to construction of a new harne. He advised there is an existing storm sewer pipe, located on the north side of Arden Place, which crosses to the south side of Arden Place, and which was apparently installed with the intent to drain this area. He explained that after discussion with the residents of the area, it appears the existing pipe is inadequate and has not drained the water in this area for a number of years; indicated the pipe may be clogged, crushed or obstructed by tree roots. Graham advised he met with several residents in the area to discuss the drainage issues. He reviewed the feasibility report which outlines replacement of the existing storm sewer pipe with a new pipe, 12 inches in diameter, generally following the same aligrunent as the existing pipe. He stated a new catch basin would also be installed as part of the improvement project. will Woods, 3470 siems Court, questioned the design of the storm sewer and plans for capturing the sedimentation from the run-off and the ilnpact of channeling the run-off to inlet on Iilke Johanna. Engineer Graham advised several residents questioned the ilnpact of directly channeling the run-off into Lake Johanna. He explained that he contacted the Rice creek Watershed District and reviewed a report titled, "Field Evaluation of . Benefitted Use of Phosphorus Fertilizer on Residential storm Water Quality". Graham stated the report concludes the fertilizer contained in run-off water from lawns has a much less significant ilnpact on lake quality than run-off water from streets. He was advised by RCWD that the run-off ilnpact is insignificant. Graham reviewed the methods utilized to design the pipe and "beehive" catch basin, which allows the run-off to trickle into the basin and also allows the particles/sedi1nent to settle before entering the catch basin. Mr. Wood expressed concem that the design does not appear to be adequate to handle the sedimentation and questioned why the flow was not directed to the wetland area :immediately to the east of the properties. Engineer Graham advised the design was based on the existing pipe installation and the most direct route to Lake Johanna and the run-off eventually enters the lake through the wetland area identified by Mr. Wood. Donald Obarrius, 1619 Lake Johanna Boulevard, objected to directing the storm water run-off into Iilke Johanna. He stated the overflow from all areas around the lake eventually drain onto his property and he does not wish to have the amount of run-off in=eased. Mr. Wood questioned if alternative designs were reviewed. Engineer Graham explained the design of the storm sewer was based on a response to residential complaints anj the existing pipe location was reviewed; no other . alternatives were examined. Minutes of the Arden Hills Regular Council Meeting, 10-28-91 Page 3 . HRING (Cont'd) Raymond Johnson, 1540 Arden Place, noted there is no recorded easement for the pipe which is currently located in this area. He further advised there has not been water moving through the pipe since he has resided in this area, approx:i1nately 27 years. Johnson stated the configuration of the property has dramatically changed since the new residence was constructed and it is his recollection that the area was originally platted as a drainage area. He further stated the pipe design appears to be insufficient and should continue to the shoreline of the lake, rather than freely flow through his backyard. Johnson agreed with directing the run-off to the wetland area to the east of the proposed site. Council1nernber Mahowald questioned if Johnson has always observed water pending a=oss the street in this area. He asked the Engineer where the pipe will end on Johnson's property. Johnson stated the pending did not occur very often over the years, however, it does occur more often since the construction of the new hane on Arden Place. Engineer Graham advised the design of the new pipe is similar to the old pipe anj the end of the pipe is approx:i1nately 60 feet from the shoreline of the lake. He explained there is a provision in the plan to place same erosion control at the end of the pipe and during discussions with Johnson he expressed his preference for extending the pipe to the lake. . Dale Noyed, 3505 Ridgewood Road, stated he has experienced water problems in his yard for many years. Noyed explained he has three pumps working at the same time during the standing water occurrences, which he experiences approx:i1natel y three times per year. Noyed indicated the problem occurred long before the new home was constructed at 1553 Arden Place and stated he is pleased the problem is finally being addressed by the city. Noyed advised there is a four inch pipe currently located in the rear of his property, which is connected to an eight inch pipe in the middle of the street and directed toward lake Johanna. He indicated the pipe may be obstructed and suggested the City attempt to remove the obstruction or replace the existing four inch pipe in his yard with a larger pipe anj interconnect it with the existing pipe in the street. Engineer Graham advised the Public Works SUperintendent was unable to attend this meeting, however, he indicated that the City has attempted to unclog the pipe on several occasions and from both ends of the pipe. Graham indicated that the size of the pipe poses sane difficulty in attempting to clear debris. He suggested further investigation of the existing pipe would be required. Walter Bauer, owner of Bauer Construction and wilder of the new home at 1553 Arden Place, offered a brief historical background of the minor sub:livision which created the new parcel anj noted the City approved the minor sub:livision. He advised the fill placed on the lot was brought into the area prior to his ownership of the parcel and the only fill brought to the area during construction . of the home was for purposes of soil c:cmpaction. Bauer noted the water problems were existing prior to the construction of the new home and cormnented the run-off from surrounding properties contributes to the problem. Bauer stated the existing pipe was exposed during the construction of the home and it appears to be solidly blocked with debris. Minutes of the Arden Hills Regular Council Meeting, 10-28-91 Page 4 . HRING (Cont'd) Al Thornton, 3510 siems Court, explained the area remained as an open field for many years, prior to construction of the new home. He noted Mr. Noyed had pending problems during the spring of each year. 1l1ornton advised that when the parcel of land was listed for sale he obtained a copy of a study on the land which indicated that water does not percolate through the soil. Thornton stated that Bauer should have been aware of the fact that drainage is a problem in this area. He expressed the opinion that the neighborhood should not be responsible for funding :i.nprovement of the drainage, since the area has always been plagued by drainage problems. He further stated the construction of the new home exacerbated an already existing condition. He stated there does not appear to be any benefit derived from the :i.nprovement to some of the residences receiving notification of the iIrprovement. He requested Council note the fact that the water problems increased after the new home was constructed when considering assessment of the project. Arnold Lindberg, 3520 siems Court, explained that when the area was originally platted there was a stipulation that no homes would be constructed facing Arden Place; this was most probably due to the fact that the low area was utilized for drainage. He indicated the stipulation may have been lost when the property went to a Torrens title or the title was not properly researched. He noted there is a definite problem with drainage and c:ommented that the problem has increased with the construction of a new home in this area. . Brad Lis, 1548 Arden Place, stated he is a new resident in the area and expressed concern regarding the envirorunental issues raised this evening. steven Nelson, 3475 siems Court, expressed concern regarding the water quality and the effect of directing the drainage into the lake. He asked the City Attorney if the drainage problems noted when the land was subdivided were resolved. Attorney Filla advised the additional materials were presented to him just prior to the meeting and he has not had the opportunity to review the inforrration. He explained it appears there was a concern regarding drainage, however, it has not been determined how this problem was resolved. Nelson stated he would prefer the drainage be diverted to the open space area east of the property, rather than directly to the lake. Mr. Noyed stated he does not see any difference between run-off water being directed from his property to the lake versus run-off from properties abutting the lake. He indicated the problem with drainage on his property occurred prior to the new home being constructed and he has contacted the City on several cxx:asions to request assistance in eliminating the problem. Bill Kaplan, 1556 Arden Place, preferred the water be filtered to the open space area to the east of the properties. He indicated the water along the island portion of the lake is somewhat stagnant anj re:;[l.le5ted envirorunental controls and other alternatives be explored. . Engineer Graham discussed the amount of run-off this area contriJ:::utes to the lake and stated it is relatively insignificant. Arnold Lindgren noted that Lake Johanna receives run-off from such a large area that the calculation from the Arden Place area is insignificant. He noted the open space area to the east is not owned by the City. . Minutes of the Arden Hills Regular Council Meeting, 10-28-91 Page 5 . HRING (Cont'd) John llmdgren, 3487 Arden Place, expressed =cern relative to the ecological issues. Lun:igren advised his lot would be llIOSt affected by the inprovement. He stated responsibility for funding the project should be borne by the City since the subdivision was initially approved by the city and drainage should have been resolved at that time. Thomas Mulcahy, 3530 siems Court, advised the entire area has always eJq?erienced problems with drainage and homes on the higher land have had water problems in the basement during an extremely wet season. He indicated that it appears Council should determine if this matter is a City problem and the possibility of repairing the existing pipe. Mulcahy suggested delay of the project until alternatives for design have been explored. An unidentified member of the audience suggested the existing pipe be cleaned to help eliminate the drainage problems until other alternatives are reviewed. Ray Jolmson, 1540 Arden Place, stated it is his opinion there is no easement across the property in question for the pipe, there is a pipe that was vacated years ago and he will do everything he can to prevent anybody from putting a pipe in the proposed location. Diane Pearson, 1556 Arden Place, urged Council to consider the envirorunental impact of the current design directing the run-off into the lake. . Mayor Sather asked if there were further comments from the floor and hearing no response, the public hearing was closed at 8:33 p.m. There was Council discussion regarding the issues raised by residents concerning the design of the improvement. Attorney Filla indicated Council may wish to table this matter until further review of the information anj alternative designs for the inprovement. Engineer Graham stated he was not authorized to explore other alternative designs for the project and in response to a citizen ccmplaint he utilized the existing pipe location. Malone moved, seconded by Mahowald, that staff be directed to review the following items: 1. Environmental impact on the water quality of Lake Johanna and obtain co=espondence from Rice Creek Watershed District regarding the envirornnental impact; 2. Research previous files on the suJ:xjivision of the property to determine any responsibility for drainage problems which were existing at that time and financial impact on any proposed assessment; 3. Review easement issues anj costs associated with obtaining easements, if necessary; and, 5. Investigate the engineering alternatives, and further, that information be provided to Council at the November 18 Worksession Meeting. Motion carried unanimously. (4-0) council suggested that residents be notified of any future meetings pending . receipt of information from staff. There was also discussion relative to the new home constructed at 1553 Arden Place anj the elevation of the home foundation. Council requested staff research the building plans for the home and detennine the foundation elevation. Minutes of the Arden Hills Regular Council Meeting, 10-28-91 Page 6 . AWARD BID; PARKS Council was referred to the memorandums from Park EQUIFMENl', M::MER Director Buckley dated 10-23 and 10-28-91, relative to the award of bid for the Taro Mower and attachments. Council1nember Malone questioned the dates of publication listed in the two memorandums presented by Buckley. Park Director Buckley advised the bids were advertised on October 9 and 16, rather than the dates listed in the memoranchnn; indicated this may have been a typing error. Mahowald moved, seconded by Growe, to award the bid for Taro Groundsmaster 322-10, with attachments, to MI'I Distributing Company, in the amount of $14,984.00. Motion carried unanimously. (4-0) RESalEDULE Growe moved, seconded by Mahowald, to reschedule the NOVEMBER 11 November 11 Regular Council Meeting to November 12, at COUNCIL MrG. 7:30 p.m., at City Hall due to the Veteran's Day Holiday. Motion carried unanimously. (4-0) DISCUSSION ; Council was referred to the draft of the "Request for RFP AR<RITECI' Proposal" to be forwarded to architectural firms, as FOR CITY HALL prepared by the Clerk Administrator. The Administrator advised this material is presented at the request of . Council1nember Mahowald anj requested COllUIleI1ts relative to the draft d=urnent. Council suggested the second paragraph of the RFP be refined to be less specific as it relates to square footage and cost estimates. Council1nember Mahowald noted that all reference to a construction manager is deleted. Clerk Administrator Berger advised the reference was deleted at this time and could be handled as a separate RFP. Council suggested the Administrator contact other cities that have recently conpleted this type of project for information and to conpile a list of firms to be sent the RFP. It was suggested approximately ten or twelve firms be sent the document. Mahowald moved, seconded by Growe, to direct the Clerk Administrator to incorporate suggested changes in the second paragraph of the "Request for Proposal" for the City Hall conplex and mail the document to ten or twelve architectural finns. Motion carried unanimously. (4-0) <XlUNCIL cx:MIDiITS IDRKSESSION Counci1member Malone questioned if the persons expressing AGENDA; interest in being considered for the newsletter design NEWSLEITER should be invited to attend the November 18 Worksession meeting . . Council concurred to review the staff report on the Arden Place drainage ilnprovement issues prior to extending an invitation to the designers. , . . Minutes of the Arden Hills Regular Council Meeting, 10-28-91 Page 7 . PERMAmNI' srA'IUS; Growe moved, seconded by Sather, to reconsider the REX:ONSIDERATION appointment of City A=untant Tannny Swanson to permanent enployee status, based on infonnation received from the Administrator and A=untant. Motion carried. (Growe, Sather and Mahowald voting in favor; Malone opposed) (3-1) Mayor Sather indicated he would prefer to discuss the aJ:POintment when all Counci1members are present anj suggested this matter be tabled to a future meeting . Mahowald moved, seconded by Growe, to table action on this matter to the next Regular Council Meeting held 1\1esday, November 12. Motion carried unanimously. (4-0) REIROCEDE; ARMY Council1nember Mahowald questioned the status of the RESERVE CENl'ER retrocede of the Anny Reserve Center. Mayor Sather reported on his discussions with Mr. Gilbertson, Legal Counsel for Governor Carlson and Representative Krinkie. He advised the Administrator is in the process of drafting a letter on behalf of the Council. ADJOURN Mahowald moved, seconded by Growe, that the meeting be adjourned at 9:30 p.m. . b~~!~ -:rb !I:fL- Clerk Administrator Mayor NOl'ICE OF MEEl'INGS The next Regular Meeting will be held on Tuesday, November 12, 1991, at 7:30 p.m., at City Hall. .