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HomeMy WebLinkAboutCC 05-11-1992 . . ~ MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING May 11, 1992 7:30 P.M. - City Hall CALL TO_ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Satter called tc order the regular City Council meeting at 7:30 p.m. ?~2sent: Mayer Thomas Sather; Ccuncilnembers JoAnn Growe! Dale Hicl~s! Paul Malone. Council absent: Thomas Mahowald. Also ~resent were: City Attorney, Jerry Filla; City Flanne~} John Be~11y; City Enginee~, Mark Graham; Parks ~irect8r, John El1~1~ley; Pub],j.c Works Supe~intendent, ~an Winkel; Acting Cler!: Administratcr, catherine Iaga; Recording Sec~eta~y, Foster. ADOPT AGENDb A~ti~g Cle~k Administ~3tor Iago asked to add one item under "Council Comments" I that being RevieH of Financia~ I~formati0~. Co~ncil agreed to this addition. Councilrnember Malone aske~ to move Consent Calendar item 4~ (Request. f:com Cable Commission to Adopt F.esolution Nc. 92- 28) to the end of ULfi~ished aLd New Business as item sr. Council agreed to this change. MOTION: Hicks moved, seconded by Malone, to adopt the May 11, 1902 agenda moving item 4b to 6I and adding Review of Fin~ncial Info~mation, Motion carried unanimously (4- 0) hPJ'J',QY Ak_ OF COUNGIJ,_MJl{l)'':I'i:S :c:unciL~:,>:::mber Hal cn,';.: ask[~d that tHO changes te ':Tlade :'0 th'2 April 27. 1992 Council minutes: , \ ~hat paragraph 2, page 5 be revised to state that 'T fixec :ncome and elderly persons can apply fer tempor.::.ry deferral... n. D::~ page 12, the word "midpoint" in the motion under Salary !n=rease for Parks Depar~De~t Employees be changed to "maximum". - i H0~:;:ON: Malone mavad, seconded by Growe, to approve the ffiinutes of the April 27, 1992 Regular Council Meeting with the two revisj,ons noted above. Motion carried unanimously (4"'0) . . . . Arden Hills Council May 11, 1992 2 CONSENT CALENDAR MOTION: Hicks moved, seconded by MaIone to approve the Consent Calendar, with the exception of item 4b, and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Award Contract for the 1992 Bike Trail Improvement Project b. (This item moved to "Unfinished and New Business") c. Approve Solicitation Request from Minnesota Public Interest Research Group (MPIRG) d. Approve List of Claims/Payroll !'UBLIC COMMENTS There were no public comments. ~NfINISHED AND NEW BUSINESS <:::hs.lL.H.f.~05 - VARIANCE REOU~_S_T. 1173 KARTH LAKE DRIVE City Planner John Bergly offered the following background with regard to an application from Clayton Larson, 1173 Karth Lake Drive for a variance: The home at 1173 Karth Lane was built with a building permit issued in September 1979. plans submitted at that time did not include a deck. There is no record of a building permit ever being issued allowing construction of a deck. In April 1982 a building permit was issued to construct a screen porch over an existing deck. A wooden screen porch, held up by wood pillars, was built and fastened to the house. Recently, the applicant, Clayton Larson, purchased the property and learned during closing that the screen porch encroaches upon a utility easement about 6.5 feet which means the porch is only 3.5 feet from a City watermain. Building within a utility easement is prohibited. Clayton Larson cannot obtain title insurance or clear title to the property given the screen porch location. Therefore, he has requested either a variance to allow the porch to remain as is within the utility easement, or an easement vacation. Staff and Planning Commission have reviewed the case concluding that granting a variance or vacating the easement is inappropriate; there are two options: 1) The City and Mr. Larson enter into an agreement that allows the porch to remain but indemnifies the City in order to protect the City from costs . . . Arden Hi11s Council 3 May 11, 1992 resulting from damage to the porch should maintenance work need to be done on the watermain, or 2) The porch be removed. Planning Commission has recommended denial of a variance. Counci1member Hicks asked if the porch must be removed if the applicant does not agree to indemnify or the City grant a variance. Bergly said that is his and the City Attorney's opinion. Clayton Larson stated that he applied for the variance to obtain clear title because the porch is a nice feature of the house which he would like to keep. He explained that if he agreed to indemnify, he would simply be faced with the possibility of having to remove or repair the porch at some later time without advanced notice. He added that an indemnification agreement would not allow him to obtain clear title, therefore, he is unwilling to agree to indemnity. Larson explained that he felt this situation is unique, it was not caused intentionally, it is in no way an aggressive encroachment upon the easement, and there is no other location on the property to construct a porch. He stated that it was probably the original builder's fault that the deck was built encroaching upon the easement, and now as the new owner, he is suffering the consequences. Councilmember Hicks asked Larson if clear title can only be obtained by the removal of the porch or the granting of a variance. Larson answered yes and clarified that an indemnification agreement would not suffice to obtain clear title but would subject him to future costs to remove the porch. Larson stated that as a building inspector himself, he understands this type of issue very well, but is of the opinion that a variance would be appropriate in this case given the unique situation. Councilmember Malone stated that while he sympathizes with Larson and understands the situation was not created maliciously, he agrees with the Planning commission's recommendation because the City must have ability to access the watermain immediately should a maintenance problem arise. . . . Arden Hills Council May 11, 1992 4 MOTION: MaIone moved, seconded by Hicks, to deny a variance to allow a structure in the utility easement on the property at 1173 Karth Lake Drive. Motion carried unanimously (4-0). bPPROVE ..J.H~J'bJ...1.A T ION,Qf. BANNERS ALONG COUNTY ROAD E Parks Director Buckley reported that County Road E representatives, the Park and Recreation Committee, and Planning Commission have reviewed and provided input on the plans for the installation of banners along County Road E and options for banner design. Buckley stated that it is being recommended that 1) The City purchase the daisy design street banners and brackets from Banner Creations for $2,271.25, 2) The City continue to use the design service of Duane Carlton at a cost not to exceed $400, and 3) Charitable Gambling contributions be solicited to help cover the cost of the banners. councilmember Hicks asked which durable, poly/cotton or nylon. recommendation is to purchase a is more durable. type of material is more Buckley said the poly/cotton material which Councilmember Malone commented that the public should be aware that these banners are being installed for the purpose of drawing attention to the city's business district and they be under close control by the City. He stated that he does not expect the City would allow banners for businesses as it would be violate the sign ordinance. MOTION: Hicks moved, seconded installation of daisy purchased from Banner along County Road E. by Growe, to approve the design banners and brackets Creations at a price of $2,271.25 Motion carried unanimously (4-0). KEITHSON PO~~. IMPROVEMENT - ORDER ASSESSMENT HEARING City Attorney Filla advised that he expects a cost of about $17,500 for acquisition of the Reiling site needed for the proposed Keithson Pond Improvement. Filla added that the City appraiser has opined that it would be difficult to levy any assessment to the Reiling property improvement, but other affected 10ts could be assessed at approximately $1,000 - $1.500 per lot. . . . Arden Hills Council 5 May 11, 1992 City Engineer Graham reminded Council that the Keithson Pond Improvement project has been awarded to a contractor contingent upon resolution of tte Reiling acquisition matter. With regard to the Crimmons acquisition matter, Graham reported he expects resolution of that matter without any problem or delay. City Attorney Filla reported that condemnation procedures on the Reiling property are in process in case there are any unforeseen problems with resolving the matter in a timely manner. City Engineer Graham suggested the City hold an assessment hearing before starting the project; the earliest possible date for the hearing would be June 8, 1992. MOTION: Malone moved, seconded by Hicks, to order an assessment hearing, to be held at 7:30 p.m. June 8, 1992, on the matter of Keithson Pond Improvement, and authorize the City Engineer to prepare the assessment roll using the figures provided by the City Appraiser. Motion carried unanimously (4-0). Councilmember Hicks suggested that it may be appropriate to meet with the City's former engineer, Barry Peters of SER, to try to reconstruct the background involving the Keithson Pond drainage problem, and see if there is any possible assignment of responsibility. MaIone supported such a meeting and recalled that while serving on the Planning Commission, the matter was reviewed and drainage was found to be adequate. However, in reviewing the file, he has been unable to reconstruct the events in this case. Mayor Sather suggested that Councilmember Hicks and perhaps another Councilmember meet with SEH. Councilmember Hicks volunteered to arrange the meeting; Councilmember Malone expressed interest in attending also. DISCUSSION OF DRAFT WATER MANAGEMENT PLAN Based upon the recommendation of City Engineer Graham, Council agreed to discuss the Draft Water Management Plan their May 18, 1992 worksession. -~ ac . Arden Hills Council 6 May 11, 1992 EE;CEIVE FEASIBILITY REPORT, QRDER PUELIC ~ARING AND ~kbNS AND SPECIFICATIONS - ~p~LA~_?TREET IMPROVEMENTS City Engineer Graham reported that the feasibility report for Dunlap street was prepared using two options for road improvement. One option would be cold-in-place recycling (CIR) project which involves rejuvenating the existing surface and overlaying with a 2" layer on top, at an estimated cost of about $50,400. The second option would be complete reconstruction of the road at an estimated cost of $198,900. Graham explained that CIR would not address poor soil conditions identified in the Dunlap area, but he would stil1 ~ecommend CIR in light of the fact that the property owners in the area have expressed a need for a short-term solution at a 10wer cost. Graham recoIT~ended a public hearing on the 1992 Dunlap improvement be held on June 8, 1992. . Councilmember Hicks asked if CIR would result in a road adequate to handle the heavy vehicles which use the road. G~aham said that although he could not assure the tonnage limits of a CIR project, he would expect a 12 - IS-year life from CIR. He said a complete reconstruction would provide about a 20-year life, but at nearly four times the cost of CIR. Council had been given an opportunity to review the feasibility report prior to the council meeting. Graham noted that page 9 of the report should have included indication that CIR does not include soil corrections. Council briefly discussed a potential assessment rate. MOTION: MaIone moved, seconded by Hicks, to adopt Resolution 92-32 Receiving the Feasibility Report and Ordering a Public Hearing, to be held at 8:30 p.m. June 8, 1992, on the Matter of 1992 Dunlap Street Improvements. Motion carried unanimously (4-0). MOTION: Malone moved, seconded by Growe, to adopt Resolution 92-33 Ordering Preparation of Plans and Specifications, for Cold-In-Place Recycling, in the Matter of the 1992 Dunlap Street Improvement. Motion carried unanimously (4-0) . . ORDER PUBLIC HEARING - RQUND LAKE ROAD WEST IMPROVEMENT City Engineer Graham reminded Council that action was taken on April 13, 1992 to accept the feasibility report and order . Arden Hills Co~ncil 7 May 11, 1992 plans and specifications for a CIR improvement project for West Round Lake Road. He suggested that council order a public hearing in this matter for June 8, 1992. Council agreed that 9:00 p.m. would be an appropriate time to schedule the public hearing since two other public hearings are already scheduled for that meeting. MOTION: MaIone moved, seconded by Hicks, to adopt Resolution 92-34 Ordering a public Hearing, to be held at 9:00 p.m. June 8, 1992, on the Matter of 1992 Round Lake Road West Improvements. Motion carried unanimously (4-0) . ACCEPT IMPROVEMENT & AUTHORIZE FINAL PAYMENT - CLEVELAND AVENUE LIFT STATION IMPROVEMENT . Included in packets for Council review were: A letter from contractor Lametti and Son requesting final payment for the Cleveland Avenue Lift Station Improvement, A letter dated October 9, 1990 from former City Engineer Barry Peters of SEH stating that four items must be corrected before final payment is made to the contractor, A memorandum, dated May 5, 1992, from Acting Clerk Iago indicating that former Engineer Peters has recommended Council accept the improvement and make final payment since the contractor has corrected the four items at issue, An agreement by the contractor not to charge the City accrued interest for this project. Councilmember MaIone stated that it would be appropriate to convey to Lametti and Sons the City's appreciation for their reasonable attitude in resolving this matter. MOTION: MaIone moved, seconded by Hicks, to adopt Resolution 92-35 Accepting Improvement and Approving Final Payment For Cleveland Avenue Lift Station Improvement No. S5-W- 89-1. Motion carried unanimously (4-0). Council was also asked to consider final payment to former City Engineer SEH for involvement in the Cleveland Avenue Lift Station Improvement project, MOTION: Hicks moved, seconded by Malone, to authorize final payment to SEH in the amount of $5,972.05 to cover the project percentage fees ($5,442.93) and inspections on "punch list" items ($549,12). Motion carried unanimously (4-0). . . . . Arden Rills Council 8 May 11, 1992 Council discussed the electrical connection for the lift station which has not yet been accomplished. Engineer Graham explained what the connection would entail and the estimated costs involved to complete the connection. Publie Works Director Winkel stated that the City has used a generator in the past to perform tests of the lift station and could continue to do so, but he stated it may be l"ise to make the connection at this time to allow for proper maintenance of the lift station. MOTION: Hicks moved, seconded by Malone, to direct the Public Works Director to arrange for the necessary electrical connections for the Cleveland Avenue Lift Station. Motion carried unanimously (4-0). REQUEST FROM...,;;ABLE_. COMMISSION TO ADOPT RESOLUTION OF SUPPORT Councilmember Malone expressed appreciation to staff for ~ompiling additional information with regard to the request from North Suburban Cable commission to adopt a resolution urging the Minnesota Congressional Delegation to support cable legislation. He indicated that he did not wish to sway ether Councilmembers, but he would tend to oppose this type of legislation. MOTION: Hicks moved, seconded by Growe, to adopt Resolution 92- 28 Urging The Minnesota Congressional Delegation to Co- Sponsor and Support Cable Legislation which Would Provide Consumer Protection For Cable Television Subscribers, Preserve Community Television Channels And Funding Support, And Protect The City's Authority To control And Manage Its Public Rights-of-Way. Motion carried (3 aye - Hicks, Sather, Growe; 1 nay - MaIone). COUNCIL CO~ENT~ ?INANCIAL INFORMATIO~ For informational purposesl Terry Post, Temporary City Accountant had provided the Council with the following f~Dancial information: 1) Investment Portfolio analysis for period of 12/31/91 .. 4/30/92, 2) 1992 Investment Portfolio Transaction Log, 3) Budget Recap Sheets from 1/92 - 4/92, 4) Financial Summary through April 1992 Council was advised that the City Auditors will be presenting the 1991 audited financial statements and letter of recommendation at the May 26, 1992 Council meeting. . . . Arden Hills Council May 11, 1992 9 Councilmember Malone commented that since Council just received the financial information this evening, he would need time to review the material. Mayer Sather suggested that Council review the information and provide input to Mr. Post. CITY HALL SOFTWARE couLcilmember Hicks reported t~at he had researched prices for computer software for the City offices and provided price comparison information. ST PAUL TURNERS CHARITABLE GAMBLINQ Councilmember Hicks asked for an update on the st. Paul Turners Gymnastics Charitable Gambling License issue. Attorney Filla reported that he has had no contact with the organization since Council took action to revoke approval of the gambling license based upon the organization's noncompliance with lawful purpose regulations. He stated that he believed the matter of noncompliance has been turned over to the Attorney General's office. Temporary City Accountant, Terry Post, reported that st. raul Turners made their January and February 1992 10% contribution payment, but nothing more has been received. RECYCLING ORDINANCE Councilmember Malone referred to an April 29, 1992 memorandum from Temporary City Accountant, Terry Post, regarding recycling service fees for multiple family structures and manufactured home parks. Malone suggested the City Attorney draft an appropriate ordinance to address this issue. Council provided the City Attorney with guidance as to their preferred approach to recycling service fees and directed him to draft an ordinance addressing the issue for their consideration. ST. MARY'S ROMANIAN ORTHODOX CHARITABLE GAMBLING councilmember Growe asked if st. Mary's Romanian Orthodox Church Charitable Gambling payments, which had fallen behind, have been brought up to date. Temporary City Accountant Post reported that st. Mary's is now current in t~ose payments. . . . . . Arden Hills Council 10 AD JOURI'! MOTION: Malone moved, seconded by Sather, to --rL:.1I.fi- us p.m. M "1,"""ded Thomas R. Sather, Mayor May 11, 1992 adjourn the nanimously (4-0). NOTICE OF MEETINGS: r Deputy Clerk D~e to the ~emorial Holiday, the next regular Council meeting will be held Tuesday, May 26, 1992 at 7:30 p.m. at City Hall. The next Council worksession will be held May 18, 1992 at 4:30 p.m.