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HomeMy WebLinkAboutCC 07-27-1992 . . . MINUTES CITY OF ARDEN HILLS. MINNESOTA REGULAR CITY COUNCIL MEETING Jul y 27, 1992 7:30 P.M. - City 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 1 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. b. c. Accept Resignation of City Treasurer Frank Green. Adopt Resolution No. 92-50 Commending Frank Green. Adopt Resolution No. 92-51 Approving Transfer of Ownership of North Central Cable Communications Corporation. Adopt Resolution No. 91-52 Calling for Redemption of Outstanding General Obligation Advance d. . . . 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 Counci1member 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. Counci1member 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. Counci1member 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. Counci1member 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 REQUEST 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 July 27, 1992 6 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 M~howald, to adjourn the / me~>ing at 9:45 p.m. ,~17~lf c:r)~ed?nanimouslY (5-0). -IJ;f/W-M f~:W?"'-/"--~"----- dfJ ~& '/>1 ~ Thomas R. Sather, Mayor Catherine NOTICE OF MEETINGS: The next regular Council meeting will be held August 17, 1992 at 7:30 p.m. at City Hall. ,. . , . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27. 1992 Summary of Events Reqardinq the Keithson Pond Project The original plat for this property showed a pond located in the area of what is now Keithson Drive and the Crimmins and Magers\Tredal lots. This pond was to have been reconfigured and relocated to the rear of the four southernmost lots on the western side of the plat. The reconfigured pond was to have been sized to hold the incremental runoff generated by the impervious surfaces constructed in the development. Based upon a topographic map supplied by E.G. Rud, it was anticipated that the pond would drain in an overland channel that was, and still is, located behind the Crimmins property. Presumably, this had been the drainage route for the original pond. A weir with an approximate elevation of 972 feet above MSL was planned to meter the runoff. Runoff from the street was to have been channeled to the new pond through piping. . When the original plat was acted upon by the Council the developer asked if the City's engineer could be used to design the utility work in the plat. Short-Elliot- Hendrickson, the City's engineer, deferred the request and was never under contract to this developer for this project. The developer, as is always the case, had two options regarding the construction of improvements (i.e.. streets and utilities). Either he or the City could build them, and in the latter case, the costs would be 100% assessed. The former approach was chosen, where the builder installs the utilities and upon approval, dedicates them to the City. In either case. the City's engineers would have overseen the project, which is what Short-Elliot-Hendrickson did. . Approximately one year after the original plat was approved, the developer asked that the pond easement area be amended. Rather than having it extend behind the four southwesterly lots, the pond and its associated easement was to be concentrated in an area between what are now the lots of Magers/Tredal and Crimmins. This area, which was originally platted as a lot, was to be split and attached to the adjacent lots. A drainage easement was to cover this entire area and parts of both adjoining lots. As with the earlier plan, the pond was to drain overland to the southwest in the existing channel. Since the elevation of the channel had been found to be higher than what had originally been 'believed, the metering weir was eliminated. Also, since the street runoff no longer had to be carried to the back of the lots, its piping was eliminated. This revision was approved. Page: 1 . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 In the spring of 1989, the property owners adjacent to near the reconfigured ponding area approached the City regarding its unfinished state. In response, the City the developer to complete the grading in the easement. agreed to do so. and asked He When the developer attempted to work in the easement area the adjacent residents denied him access. Among the reasons they expressed for doing this were his apparent plans for the removal of trees and other vegetation. The residents then asked the City to solve the drainage problem. In the intervening time the City has developed several solutions to the problem, and each has been subject to criticism by the area's residents. The City has also pumped excess water from the pond a number of times. . The City's engineers have now developed a plan for a drainage system that seems acceptable to the residents and goes beyond what had originally been slated for the site. Rather than flowing overland, storm water will be carried in a pipe to an existing pond southwest of the site. Upgraded metering appliances are included in the plan, as are pond improvements that minimize the removal of vegetation. The improved drainage system will be installed in a easement which is yet to be acquired from George Reiling, the original owner of the platted area. and current owner of the property to the south and west. Apparently, the original plans called for drainage to flow overland across this same property, but no formal easement had been acquired. It may be that the developer assumed the existence of an easement due to the water's previous course across this property. Regardless, the City must now acquire an easement for this improved drainage system. . This improvement has been ordered. Benefit, in the amount of $1,500 per lot. is judged to be provided by this improvement. Objections from those residents having the potential of being assessed for this benefit were heard at a public hearing. Their objections and the City's findings regarding them are summarized below. Residents are listed in order of ascending street addresses. Objections should be regarded as having been provided in writing unless otherwise noted. Most oral objections were answered at the June 8, 1992 public hearing, and most of the written objections were restatements of those made orally. Page: 2 .~ . city of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 Rainer Rocheleau (4503 Keithson) 1. (No specific grounds for objection.) Ronald and Ana Maria Nelson (4504 Keithson) 1. A share of the development cost was paid in conjunction with the purchase of the property. [Written and Oral] Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. and allegations regarding other payments made to a developer or some other party do not affect the determination of this benefit. 2. Ordinary and necessary inspection procedures were not followed by the City. . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. and allegations regarding inspection procedures do not affect the determination of this benefit. 3. Assessing area residents for any part of the improvement is improper. Findinq: judgment selected Those properties that in the Council's benefit from the improvement have been for assessment. 4. The property does not abut the pond improvement and will not benefit. Findinq: It is the Council's judgment that the improvement benefits this property by providing necessary storm water drainage. The property need not abut the pond itself in order to benefit from the improvement. Georqe and Jean Crimmins (4509 Keithson) 1. Only twelve properties are proposed for assessment. . Findinq: judgment selected Those properties that in the Council's benefit from the improvement have been for assessment. Page: 3 fj l, !' I i . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 2. (Amended) of action. and Oral] Property was altered and damaged by the lack and the City has been negligent. [Written Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations regarding damage or negligence do not affect the determination of this benefit. 3. Was informed by previous property owner that the City had the funds to pay for this improvement. [Oral] Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. The City is not responsible for representations made by the seller of property, nor would such statements affect the determination of benefit. Ronald and Nancy Horwath (4510 Keithson) . 1. A share of the development cost was paid in conjunction with the purchase of the property. [Written and Oral] Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations regarding other payments made to a developer or some other party do not affect the determination of this benefit. 2. The property does not abut the pond improvement and will not benefit. Findinq: It is the Council's judgment that the improvement benefits this property by providing necessary storm water drainage. The property need not abut the pond itself in order to benefit from the improvement. Kurt Lawrence (4516 Keithson) 1. The assessment is illegal. [Written and Oral] . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Levying a special Page: 4 . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 assessment based upon the benefit accrued is a legal procedure. 2. The drainage problem existed prior to the purchase of the property. [Written and Oral] Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. It is the benefit from the improvement that is assessed, and that a deficient drainage system may have been in place when the property was purchased does not detract from the benefit. 3. The City did not live up to its obligations. Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations of fault do not affect the determination of this benefit. 4. Other alternatives for funding should be explored. . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Other funding alternatives do not affect the determination of this benefit. 5. Not all properties that drain into the pond are included in the assessment. [Written and Oral] Findinq: judgment selected Those properties that in the Council's benefit from the improvement have been for assessment. 6. The developer planned this improvement but the City said it wasn't needed. [Oral] Findinq: The developer never planned this improvement. The original drainage plan called for the pond to overflow overland toward the southwest. 7. A share of the development cost was paid in conjunction with the purchase of the property. [Oral] . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations regarding other payments made to a developer or some other party do not affect the determination of this benefit. Page: 5 , . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 Toni Tredal and Mark Maqers (4521 Keithson) 1. The City did not live up to its obligations, and other alternatives for funding should be explored - i.e., from the developer. Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations of fault do not affect the determination of this benefit. This project is an improvement beyond the developer's plans and consequently funds for it were never available from any other source. 2. The City has been negligent. Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations of negligence do not affect the determination of this benefit. . 3. A share of the development cost was paid in conjunction with the purchase of the property. Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. and allegations regarding other payments made to a developer or some other party do not affect the determination of this benefit. 4. This project is not an improvement. [Oral] Findinq: The drainage in the project area is presently defective. This project will address current problems, and consequently is an improvement. 5. The City released the developer's bond, and did not act in a timely manner regarding this problem. [Oral] Findinq: The developer's bond was released, and it is not clear that it could have been withheld for questions regarding drainage. Neither this nor allegations regarding timeliness affect the determination of benefit regarding this improvement. . Page: 6 . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27. 1992 James C. and Joan D. Anderson (4522 Keithson) 1. The improvement has been in existence for four years. Findinq: This improvement will not exist until it is constructed, and has not been in place for four years. Regardless, a special assessment is levied onto a property based upon the benefit the associated improvement provides, not the timing of construction. lA. The City has been negligent and should assume liability. Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Allegations of negligence do not affect the determination of this benefit. 2 . The City should pursue all other funding alternatives for the improvement before assessing. . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Other funding alternatives do not affect the determination of this benefit. 3 . The City has been arbitrary and biased in selecting those to be assessed. Findinq: judgment selected Those properties that in the Council's benefit from the improvement have been for assessment. 4. The City has not followed prior practice in determining which parties are to be assessed. Findinq: The City's prior practice has been to assess for improvements based upon the benefits they provide. In this case, the same practice is being followed. 5. The fair market value of the property assessed will not be increased. . Findinq: It is the City's judgment that the benefit provided by the improvement exceeds the amount of the assessment. Page: 7 . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 Richard Foster (4527 Keithson) 1. The cost of the assessment in addition to alleged property damage costs is unjust. [Written and Oral] Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Allegations of damage are not considered in the determination of this benefit. 2. (Amended) All property benefitted is not proposed for assessment. Findinq: judgment selected Those properties that in the Council's benefit from the improvement have been for assessment. 3. (Amended) If the Reiling property had been developed at the same time as the Keithson development the cost of this improvement would have been less. . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. The benefit provided to a property is not affected by the development of adjacent property. Robert and Anne Hill (4528 Keithson) 1. The property is neither affected nor benefitted. Findinq: It is the Council's judgment that the improvement benefits this property by providing necessary storm water drainage. 2. The improvement benefits the entire community. Findinq: The improvement is good for the community, which is why the City is using ad valorem taxes to fund more than 80% of its costs. 3. The improvement corrects a condition that was not the property owners' fault. . Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations of fault do not affect the determination of this benefit. Page: 8 J . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 4. Why didn't the City inform prospective home buyers of the drainage problem? [Oral] Findinq: The City does not oversee property transactions or provide for disclosure on the part of the seller. Michael and Teresa Giel (4534 Keithson) 1. Object to the principle and amount of the assessment. Findinq: The amount of the assessment has been determined based upon the Council's determination of the benefit it provides to this property. 2. (Amended) A majority of the lot drains to the north and east, so there is no improvement. . Findinq: Some of this lot's runoff drains into the improvement project. Assessments are apportioned based upon the resulting benefit provided to each property. 3. The City has made errors with regard to this project. [Oral] Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides. Allegations regarding errors do not affect the determination of this benefit. John and Evelyn Lawyer (4539 Keithson) 1. The property is not benefitted. Findinq: It is the Council's judgment that the improvement benefits this property by providing necessary storm water drainage. 2. All property benefitted is not proposed for assessment. [Oral] . Findinq: judgment selected Those properties that in the Council's benefit from the improvement have been for assessment. Page: 9 I i , ~ f I . City of Arden Hills Keithson Drainage Improvement Objections to Proposed Assessment Summary and Response July 27, 1992 Robert Stennes (4540 Keithson) 1. It is unrealistic to assess property owners for the mistakes that the Council has made. Findinq: A special assessment is levied onto a property based upon the benefit the associated improvement provides, and allegations of fault do not affect the determination of this benefit. 2. A majority of the lot drains to the north, toward Highway 96, so there is no improvement. [Written and Oral] Findinq: Some of this lot's runoff drains into the improvement project. Assessments are apportioned based upon the resulting benefit provided to each property. . . Page: 10