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HomeMy WebLinkAboutCC 06-29-1992 . . . . -- MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING June 29, 1992 7:30 P.M. - City Hall CALL TO ORD~R/ROLL CALL Note Council met at 6:30 p.m. with the architect to discuss new City Hall plans. 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, Paul Malone. Council absent: Thomas Mahowald. Also present were: City Engineer, Mark Graham; Public Works Superintendent, Dan Winkel; Acting Clerk Administrator, Catherine Iago; Recording Secretary, Foster. ~DOPT AGEND~ With regard to agenda item 8C "Discussion on site Plan Review Application - Dennis Foster", Council agreed to a request from the applicant's attorney to postpone that item until the July 13, 1992 Council meeting. MOTION: Malone moved, seconded by Hicks, to adopt the June 29, 1992 agenda excluding item 8C. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MI~M~~~ with regard to "Budget Information" on page 16 of the June 8, 1992 Council minutes, Counci1member Malone requested the second paragraph be revised to read that he was "satisfied with the completeness of the report provided by Mr. Post". MOTION: Malone moved, seconded by Growe, to approve the minutes of the June 8, 1992 Regular Council Meeting as prepared. Motion carried unanimously (4-0). CONSENT CALENDAB MOTION: Hicks moved, seconded by Growe to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve Final Estimate (Pay Estimate #1) - 1992 Bike Trail Improvements. b. Adopt Resolution No. 92-43 pot-a-Gold Bingo Hall Application License. . . . Arden Hills Council 2 June 29, 1992 c. Acknowledge Receipt of Recruitment Procedures and Authorize Expenditure to The Brimeyer Group, Inc. - City Administrator Recruitment. d. Acknowledge Trade Name and Corporate Officer Changes for On-Sale Licensee, Minneapolis Motel Enterprises, Inc./dba Ramada Inn. e. Authorize Hiring Replacement Seasonal Employees. f. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. PUBLlg HEARINGS IMPROVEMEN~ HEARING FOR ARDEN PLACE Mayor Sather opened the meeting at 7:36 p.m. for the purpose of conducting a public hearing on Arden place Drainage Improvement. Acting Clerk Administrator Iago verified publication of the notice of hearing in the New Brighton Bulletin on Wednesday, June 17 and 24, and mailing to affected property owners on June 17, 1992. City Engineer Graham reported that in September, 1991, a feasibility study and plans and specifications were prepared to replace an existing drainage pipe that extends from the low area behind 1553 Arden Place to the south across Arden Place, and between 1540 and 1548 Arden Place. He added that the cost of the project was estimated at $20,800 (including the lowest construction bid of $16,675 and 25% overhead). He commented that the existing pipe does not appear to be placed within an easement, but it may be legally possible to claim a prescriptive easement so no easement acquisition costs would apply. Graham stated that questions were raised during October 1991 public hearings on this project relative to easements, placement of the pipe, cost, and water quality; which led to further research of alternative options to address this drainage issue. Graham explained a second option is to install a pipe to the Lake Johanna Beach club property, at an estimated cost of $30,000. This option would cost more than the original option primarily due to the need for additional length of pipe. Easement acquisition costs are unknown but Graham expected a minimal cost. Graham's preference was the original option of a direct route to Lake Johanna. . . . Arden Hills Council 3 June 29, 1992 The following public comments/questions were received: Deb Thornton, 3510 Siems Court: My neighbors and I will file a case in District Court if we are assessed on the basis that we are receiving no benefit and no increased market value. This problem is between the City and the two homeowners who are experiencing water problems. An appraiser would agree that neighbors receive no benefit and therefore cannot be assessed. Mayor Sather reminded the public that this evening's meeting is to receive input with regard to the project itself, that assessment concerns will be addressed at a later assessment hearing, if such a hearing is necessary. Arnold Lindberg, 3520 Siems Court: I concur with Ms. Thornton. The option of routing to Lake Johanna Beach club has merit. The option of a direct route to Lake Johanna involves easement and ecological concerns. While there is a definite need to address the drainage issue, my contention is that it is the City's problem and should be a paid for by the City. I will fight an assessment. Esther Dant, 3511 Ridgewood Road: I concur with Ms. Thornton. When our neighborhood was developed I was of the understanding that the existing pipe simply needed cleaning. The City is responsible to pay the cost of addressing the issue. Brad Lis, 1548 Arden Place: Will my property value be raised? There is no existing easement through my property if the direct route to Lake Johanna is used. Has Rice Creek Watershed District approved the direct route option? I would like to see their study. Because of fertilizer run- off, etc, the channel to Lake Johanna will turn into a swamp if the direct route option is used. Engineer Graham reported that in discussions with Rice creek Watershed District they indicated acceptance of the direct route option; they do have studies available to the public as to the effect of fertilizers on water supplies. Dale Noyed, 3505 Ridgewood Road: Why has the cost of the original option increased? The existing pipe does drain somewhat. Why not just clean it out? Since the existing pipe has been in place for years wouldn't the City pick up the costs now? Mayor Sather stated that, generally speaking, the City's assessment policy includes a cost sharing procedure whereby the City typically pays a sizable portion of costs. However, the Council has not deliberated as to how the costs . . . Arden Hills Council 4 June 29, 1992 of this project will be handled. Engineer Graham and Public Works Superintendent Winkel reported that the City has attempted to unplug the existing pipe several times and believe that the pipe is of different sizes and is possibly broken somewhere which magnifies the problem. Also it is thought that the existing pipe would simply plug again in the future, so a permanent solution is necessary. Graham said the costs discussed at last fall's public hearing were estimates for construction only. John Lundgren, 3487 Ridgewood Road: Assuming the direct route option is used, could the path of the pipe be shifted somewhat to reduce its effect on my property and potential tree loss? Engineer Graham said estimated costs do take tree loss into consideration. John Halvorsen, 3517 Ridgewood Road: How is benefit determined? Engineer Graham stated that an appraiser determines benefit. He added that notice of this hearing was sent to all properties which potentially contribute to the drainage problem, that simply being invited to this meeting does not imply a potential assessment, that potentially assessable property owners will be determined at a later time. Deb Thornton, 3510 Siems Court: I am an attorney and my research indicates that proving benefit is a necessity before an assessment can be levied. The City has the responsibility to provide proper drainage. Councilmember Malone reiterated that the issue of benefit for each individual lot will be determined at a later time as part of the assessment hearing process; that the purpose of this evening's meeting is to discuss the details of the improvement. Arnold Lindberg, 3520 Siems Court: made as to which option to use, the acquisition must be answered. Before a decision can be question of easement Engineer Graham stated that it is the City Attorney's opinion (without a complete study of the issue) that if there is an existing pipe, there should not be an easement problem. Esther Dant, 3511 Ridgewood Road: I am troubled that the City allowed continued development of the neighborhood when it was known that the pipe providing drainage was plugged. . . . Arden Hills Council 5 June 29, 1992 Has Arden Hills considered a storm water utility such as other cities have adopted? Councilmember Malone stated that Council is in the process of considering a storm water utility, but such a program may not address this type of situation. Warren McGuire, 1553 Arden place: We were told when we purchased our property that the existing pipe drained. We have done some landscaping to our property and hauled in some fill which has actually improved the drainage problems being experienced by at the Noyed property at 3505 Ridgewood Road. (Dale Noyed nodded in agreement.) Brad Lis, 1548 Arden Place: If the direct route option is used, I suggest some additional work such as culvert replacement. Councilmember Malone asked Graham if placement of the plpe in the direct route option could be shifted somewhat. Engineer Graham said that bends in the pipe create problems, but minor realignment could be studied. Councilmember Growe asked if tree loss could be avoided if the placement were shifted. Graham said he would check, but reminded Council that an existing power pole and the limited construction path must also be considered. Councilmember Malone commented that it is clear the improvement needs to be done, however, questions relative to easements using either option must be answered prior to a decision. MOTION: Malone moved, seconded by Hicks, to: 1) Direct the City Attorney to determine easement acquisition costs involved in addressing Arden Place drainage problems using both of the options outlined by the City Engineer; 2) Report findings to Council for consideration at the July 20, 1992 Council worksession; 3) Continue the Arden place Improvement public hearing at the July 27, 1992 Council meeting. Motion carried unanimously (4-0). Councilmember Malone advised the public that Council's July 20 worksession is an open meeting. Council recessed briefly and reconvened. . Arden Hills Council 6 June 29, 1992 UNFINISHED AND NEW BUSINESS J2Rljl),;RAJ RE STORA T I or'LA T __.HHl NORTH SNELLING AVENUE - FRANCIS PODLASEK Francis podlasek was asked to explain the problems he has with his driveway. He stated that everything he would say was included in his letter to the City. Mr. Podlasek's letter explained that he was dissatisfied with the steepness of his driveway entrance resulting from the reconstruction of North Snelling Avenue and appealed to the City Council for financial reimbursement to reconstruct his driveway and yard to conform with the new, lower elevation road in front of his house. . Engineer Graham advised that through the process of speaking with residents before the reconstruction project began, he discussed with Mr. Podlasek the options available within the project to address his driveway. Graham reported that he proposed to Mr. Podlasek extending the bituminous patching up his driveway to a point 40 feet from the road in an effort to create a gradual slope to the road; however, Mr. Podlasek rejected that option and directed Graham to replace blacktop only to the easement line with a slope not to exceed 10%. Graham added that after construction was completed per Mr. Podlasek's direction and conforming to standards, Mr. podlasek expressed his dissatisfaction, Graham responded by letter, and Mr. Podlasek's response was directed to the Council. Councilmember Malone stated he has viewed the driveway. He asked Graham if elevations of the road change after a project such as this, and who is responsible to address that. Graham said that in many instances elevations do change and driveways must be adjusted, that typically the adjustment takes place within the right-of-way. He added that the elevation change in this instance was minimal, but apparently Mr. podlasek disagrees, and the 40 foot driveway cut was offered to reduce the severity of the slope of the driveway, but Mr. Podlasek declined. Graham said every reasonable attempt was made to avoid this problem. . Mr. podlasek said some driveways affected by this project were graded well, but he is dissatisfied with his driveway because the slope at the end of the driveway causes vehicles to "bottom out". He emphasized that the old driveway did not have the severe slope, it was caused by a change in the elevation of the road. He added that his yard also has a severe bank which will require landscaping or excavation. . Arden Hills Council 7 June 29, 1 992 Mr. Podlasek said he has spoken with contractors as to how best to address the driveway problem and has been told that in order to create a constant gradual slope from the garage slab to the road, fill will need to be excavated. He added that if he was satisfied with the driveway/road connection, he could simply repair the old bituminous, but now, because fill needs to be excavated, he will have to remove the old bituminous, and will install a concrete driveway. Mr. Podlasek stated that he only expects the City to share costs for the removal of the fill, not the cost of new concrete or old bituminous removal. Mr. podlasek asked if the City authorizes the City Engineer to destroy private property and then expect residents to accept that. Mayor Sather reminded Mr. Podlasek that the Engineer offered the 40' driveway cut and asked why that was not acceptable before the project was done. Mr. Podlasek said that the 40' idea would not address the need for landscaping the yard alongside the driveway. . Mr. Podlasek said the problem was created by removing fill from the roadbed which lowered the elevation of the road. Engineer Graham said he did not believe that significant fill was removed from the road. Councilmember Hicks commented that he was troubled that Mr. Podlasek did not accept the 40' driveway cut idea originally, as it would have been easier and cheaper to have done that as part of the project rather than trying to satisfy Mr. Podlasek now. Councilmember Hicks asked if Graham could calculate the amount of fill which needs to be excavated from Mr. Podlasek's driveway to meet the grade that Mr. Podlasek wants. Graham said he could calculate that amount. Hicks added that excavation would need to accommodate the base layer and concrete to be laid on the driveway, which would amount to about six inches. Mr. Podlasek agreed. MOT ION: Hicks moved, seconded by Malone, to direct the City Engineer to calculate and report to Council the cost to excavate Mr. Podlasek's driveway to 6" below a constant gradual slope from the garage slab to the driveway apron. Motion carried unanimously (4-0). . CHARITABLE GAMBLING REGULATION~ REVIEW/RECOMMENDATIONS Temporary Accountant Post reported that as directed by Council on .June 15, he reviewed charitable gambling regulations, talked with the City Attorney, and recommends: Mandating 100% compliance with the present 10% net . . . Arden Hills Council 8 June 29, 1992 profit contribution requirement retroactive to 1/1/92; Council consider imposing a 1% gambling tax. In recognition of state tax burdens, reduce trade area spending requirements from 50% to 30% Initiate the use of a standardized reporting format for charitable gambling licensees. Post added that his research revealed that state laws, which changed after the adoption of the City regulations, make the City regulations somewhat unrealistic. He added that definitions of gross profit, net profit, lawful expense, etc. must be clearly understood by all licensees. Mayor Sather suggested discussing this issue at the upcoming worksession. He added that the original intent of the 50% trade area spending requirement was to encourage local benefit from charitable gambling. Councilmember Malone clarified that current City regulations, when practically applied, simply don't "work" any longer because of the financial effect of increased state burden on licensees. Temporary Accountant Post advised that an informal meeting has been scheduled for July 10, the purpose of which is to receive input from charitable gambling licensees. Council agreed to revisit this issue at the July 20 worksession. DISCU~~lON OF SITE PLAN REVIEW APPLICATION - DENNIS FOSTER Per request from Dennis Foster's attorney, Thomas Balyk, this agenda item was moved to the July 13, 1992 regular Council agenda. COUNCIL C9!IcMENT1i WORKSESSION SCHEp_~~NG MOTION: Malone moved, seconded by Growe, to schedule a Council worksession on July 20, 1992 at 4:30 p.m. Motion carried unanimously (4-0). KEITHSON POND Councilmember Hicks thanked Councilmember Malone for summarizing the Keithson Pond issue for communication to residents. DEFEASANCE OF 1985 BONDS Temporary Accountant Post updated Council with regard to defeasance of 1985 bonds and stated that the Finance Committee has studied this issue and provided . . . ,. , Arden Hills Council 9 ,June 29, 1992 recommendations. Councilmember Malone explained why it makes economic sense to payoff these bonds. SHARED SERYj:S~EJ?_~_gQM!1UNt<::1'>,':J.'IQJ\U? Councilmember Malone commented that if shared services communications is still being considered, Arden Hills must express concern for the potential substantial increased costs. Acting Clerk Administrator Iago and Public Works Superintendent Winkel said latest information indicates shared services communication is unlikely to occur. They said they would keep Council advised on this issue. ENGINEER/RESIDENT COMMUNICATION Public Works Superintendent Winkel reported that, contrary to this evening's agenda item regarding Mr. Podlasek's driveway, MSA does an outstanding job of communicating with residents and the City on construction projects. ADJOURN MOTION: Growe moved, seconded by Malone, to adjourn the meeting a~10:40 p.m. Motion carried unanimously (4~0). ---'.- ~ ./ '/""'~;/iif /\ ',-',:.:- /-!'.:.... / i-i,'~(,/ ! , Deputy Clerk NOTICE OF MEETINGS: The next regular Council meeting will be held July 13, 1992 at 7:30 p.m. at City Hall. The next Council worksession will be held July 20, 1992 at 4:30 p.m.