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HomeMy WebLinkAboutCC 03-09-1992 " . . . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING March 9, 1992 CALL TO ORDER1JWJ,.~--.QAL~ Pursuant. to due call and not.ice t.hereof, Mayor Sat.her called t.o order t.he regular City Council meeting at 7:30 p,m. Present: Mayor Thomas Sat.her; Councilmembers JoAnn Growe, Dale Hicks, Thomas Mahowald, Paul Malone. Also present were: City At.torney, Jerry Filla; City Planner, John Bergly; City Engineer; Mark Graham; Parks Director, John Buckley; Public Works Superintendent, Dan Winkel; Clerk Administrator, Gary Berger; Deputy Clerk, Catherine Iago. ADOPT AGENDA MOTION: Malone moved, seconded by Mahowald, to adopt the March 9, 1992 agenda as presented, Motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTE~ MOTION: Malone moved, seconded by Mahowald, to approve the minutes of February 10, 1992 and February 24. 1992 Regul ar Counci 1 Meetings as prepared. Moti on carri ed unanimously (5-0). pUBLIC HEARING KE J.1'.HS01L.l'Qr.l"J.L.JJ1J'RQ'L~MEKX Mayor Sather opened the meeting at 7:35 p.m. for the purpose of conducting a public hearing on the Keithson Pond Improvement. Clerk Administrator Berger verified publication of the notice of hearing in the New Brighton Bulletin on Wednesday 2/26/92 and mailing to affected property owners the same date. Mayor Sather explained that bids were received February 6, 1992 for this project, but that concerns expressed by residents since then will require making some modifications to the improvement, thus the bids are essentially invalidated; arrangements have been made to continue this improvement hearing to April 27, 1992 at which time new estimated project costs and bids would be reviewed. In response to requests from the audience, Council agreed to hear comments both this evening and April 27. . . . Arden Hills Council March 9, 1992 2 Ci t.y Engineer, Mark Graham, gave a brief overview of t.he project. explaining that approval of the project was given by Council and Rice Creek Wat.ershed Dist.rict, but then some problems, primarily with drainage, were uncovered and adjustments were made to the plan to address the problem areas; estimated costs would likely increase by 20-30% as a result. of the adjustments. Counci I member Malone asked if the concerns surrounding the George Reiling property will be addressed within the modified pl an. At torney Fill a advised that discussions wi th Mr. Reiling and other affected property owners have taken place and that action is being taken to react to the concerns expressed. A question was raised from the audience as to how the project will be funded and if affected property owners will be assessed. Mayor sather commented that it would be inappropriat.e to discuss cost.s at this time, given the fact. that the cost of the project with the modifications is yet to be determined. George Rei ling, 661 Heinel Drive, Rosevi 11 e, stated he was not opposed to the latest drainage plans, but is definitely opposed to assessing the property owners. He said that he did not understand how the City could damage private property and t.hen expect the property owner to pay. He commented that t.here was adequate drainage in the area until the City allowed homes to be built at inappropriate locations and the engineering firm should be held accountable. Ron Nelson, 4504 Keithson Drive, commented that all the property owners in the area paid significant prices for their lots and homes and assumed the developer and the ci ty had addressed drainage concerns before allowing the building. He contended that the costs involved are the City's responsibility and it is unreasonable for the City to even consider assessing the affected property owners simply because the project was mismanaged. Kurt Lawrence, 4516 Keithson Drive, stated that he bought his home only a couple of years ago and had no knowledge of any potential assessment. He said assessing would be totally unf ai rand that the developer was not t ruthfu 1 with the property owners in that there was no suggestion of a potential problem; the engineers and developer should have been responsible. He questioned the extent of City responsibility since the bond for this project was released to the developer. . Arden Hills Council 3 March 9, 1992 Nancy Horwath, 4510 Keithson, said she agreed with the comments expressed by the other residents thus far and was opposed to any assessment. She asked why the pond was improperly excavated and if the firm that constructed the pond would be held responsible. Toni Tredal, 4521 Keithson, expressed opposition to assessments and asked what action can be taken to pursue the developer or engineer. She also asked how Council and Rice Creek Watershed District coordinate their efforts to ensure projects meet specifications. . Attorney Filla responded by explaining that he has done some preliminary checking and it appears that the developer, who excavated the pond, was incorporated at the time the work was done but the corporation no longer exists. He advised it may cost more in legal fees to pursue the developer than could be recovered. Filla added that the project as designed by the engineer was not intended as a final solution to the drainage problems of the area and called for a future outlet. He added that the City must deal with an overall drainage plan for the area which is much broader than just the Keithson pond improvement; the need for a future overall plan was identified before the development took place. Engineer Graham explained that Rice Creek Watershed District governs and coordinates storm water programs for many communities but tries to leave the responsibility for assessing projects in the hands of the local governments. Filla said he would do some further checking into the question of Rice Creek Watershed District responsibility. George Crimmins, 4509 Keithson, commented that he would cooperate with the City as a means of reducing easement acquisition costs, but he was opposed to assessing Keithson residents. Bob Stennis, 4540 Keithson, said he agreed with the comments of residents this evening and opposed assessments for a probl em caus ed by someone el se' s negl i gence. He commented that the public notice for this evening's meeting was addressed to "property owners proposed to be assessed" which indicates that assessing property owners is an option the City is definitely considering. . Attorney Filla advised that as a formality the City is required to follow a particular process in notifying any potentially affected residents, and that providing such notice simply reserves the option of assessing for such projects. . . . Arden Hills Counci,l March 9, 1992 4 Dick Foster, 4527 Keithson, questioned why the developer was not pursued several years ago if the pond as constructed was not intended to be a hol ding pond. He asked the ci t y to address the issue of storing \~ater on his 1 and wi thout an easement over the past four or five years. He also asked to see the modifications being proposed before the project goes out for bid again. Councilmember Mahowald asked Engineer Graham if there has been ongoing communication between the residents involved and the engineer. Graham stated that the plans were developed based upon Rice Creek Watershed District requirements and the requests of residents and that he has met with residents on this issue and kept open dialogue. Mayor Sather announced that on April 27 the latest revised plans from the engineer will be available and the property owners will have the opportunity to review all the details. Graham added that he would attempt to meet with the neighbors before April 27 also. Attorney Filla reiterated that the decision on how the project will be funded and if property owners will be assessed is yet to be determined. Councilmember Mahowald commented that he distinctly remembers dealing with performance bonds and the holding pond issue a few years ago and asked staff to review records to determine what action was taken at that time and the current status of the performance bonds. MOTION: Malone moved, seconded by Growe, to continue the improvement hearing on the Keithson Pond to the April 27 Council meeting at 8:30 p.m. Motion carried unanimously (5-0). MOTION: Hicks moved, seconded by Malone, to approve the amended plans and specifications for the Keithson Pond Project and authorize advertisement for bids. Motion carried unanimously (5-0). MOTION: . +- , , re]ec..... a....... Pond Pro ject . Mahowald moved, seconded by Hicks. to previously received bids on the Keithson Motion carried unanimously (5-0). . . . Arden Hills Council March 9, 1992 5 ~QNSEN'L~ALENDAR MOTION: Ma lone moved, seconded by Mahowal d, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0). a. Appoint Election Judges b. Approval of 1992 Shade Tree Program c. Approve List of Claims/Payroll PUBLIC COMMENTS PET I T.lON ~1'CLQJ'~LINTJ;;J'.SECT I ON Ms. Lindberg presented Council with a petition of signatures from 148 residences requesting that the intersection of Trunk Highway 51 and Snelling Avenue be reopened, that appropriate signage be installed to alert traffic of the intersection, and that some signals be installed. She urged Council to actively address MnDOT in this issue and wanted Council to be aware of the magnitude of the problems created in accessing the residences in the area without the use of the intersection. Mayor Sather advised that the City will forward +he petition to the appropriate officials at MnDOT. Council briefly discussed the upcoming hearing scheduled for this matter and directed staff to look into the possibility of holding the hearing at a location other than City Hall in order to accommodate the potentially large group of interested residents. UN:FINISHED l'\JtlLNF;!L~US]:JtESS CASE 92-03 - SITE PLAN AMENDMENT ~OR PHARMACIA DELTEC 1265, 1275 8liP 1285 GREY FOX ROAD City Planner Bergly introduced this agenda item stating that Woodridge Properties developed the property at 1265, 1275 and 1285 Grey Fox Road about a decade ago and now the major tenant of that site, Pharmacia Deltec, is purchasing the property and proposing some changes to the site. Bergly advised that the Planning Commission reviewed the site plan and recommended approval with the following conditions: 1) Lighting of the courtyard area be reviewed and approved by the Ci ty PI anner, 2) storm drainage be reviewed by City Engineer and Attorney to insure an easement is not necessary, and 3) Placement of trash collection areas be reviewed and . . . Arden Hills Council 6 March 9,. 1992 approved by staff. Bergly advised that the storm drainage issue has sin~e been addressed and approved. There was brief discussion regarding the screening of the trash collection area. MOTION: Malone moved, seconded by Hicks, to approve the site plan amendment for Pharmacia Deltec, 1265, 1275 and 1285 Grey Fox Road, subject to review and approval of lighting and screening of the site by staff and City Planner. Motion carried unanimously (5-0). ZEOS SIGNAGE As a note of general information, Bergly informed Council that the Planning Commission has assigned a committee to deal with the City's sign ordinance and they will report to Council in the near future. RECEIVE AND REVJEW FINANCE QYILITY SUBCOMMITTE~~Ep~B~ Council received two reports, one from the City Accountant and one from the utilities Subcommittee, recommending increases in the City's water and sewer rates. Councilmember Malone stated that the Finance Committee has recommended a 35% increase in water rates and a 50% increase in sewer rates as a means of responding to the unbalanced uti 1 ity fund. Councilmember Mahowald questioned why increased rates recommended in the reports are substantially higher than surrounding communities. Malone offered one explanation that Arden Hills is a third party water consumer; wate, service is purchased through the City of Rosevill e from st. Paul, and Roseville includes a service fee thus increasing the cost. He added that sewer rates are largely impacted by commercial customers. Malone provided Council with a model utility rate table he had calculated which would allow the City to increase utility rates gradua 11 y and eventual 1 y gain util i ty fund reserves. He reviewed the details and figures of his plan and explained that implementing such a plan would provide a smoother transition for residents and still eventually provide the same results for the City. Counci1member Hicks pointed out that the current Arden Hills rates are lower than surrounding communities. He also noted that the City was generating enough revenUe in the utility . . . Arden Hills Council 7 March 9, 1992 funds until 1989 at which time a quickly growing disparity began to occur between fees collected and cost of services. He supported Counci lmember Ma lone' s approach of gradua 11 y correcting the utility fund problem. Mayor Sather commented that the City, in addition to implementing a plan to correct the present problem, must also address the future needs of the utility funds and the ultimate goal of gaining utility reserves which would accumulate interest to help defray costs. Sather supported the gradual approach Councilmember Malone had presented. Councilmember Hicks suggested that the City, when presenting the utility rate increases to the public, explain the impact in dollars and cents rather than dealing in percentages, He said that dollar figures appear less drastic while percentages make the situation sound worse and may create confusion. Counci lmember Mahowal d said that since the mul ti -phase concept may be very confusing, it may also be appropriate to explain the concept in simplest fashion. Councilmember Hicks asked that councilmember Malone provide the City Accountant with his calculations so that detail and projections may be drafted. MOTION: Hicks moved, seconded by Mahowald, to adopt the following schedule of utility rates. Motion carried unanimously (5-0) : Residential: 19.2% water rate increase each year for the next two years 25% sewer rate increase each year for the next two years Continue minimum rates based on 11,400 gall ons/ quarter Continue senior discounts using the same premise as currently utilized Commercial: 1992 rates of $2.19/1,000 gallons 1993 rates of $2.60/1,000 gallons Staff was directed to draft a letter to the public explaining the increased rate schedule and reasons for the increases, and forward the draft to Council for comments no later than March 16, 1992. . . . Arden Hills Council March 9, 1992 8 WEST ROUND LAKJ;:._.B~QLEVARD -- ORDERING FEASIBILITY REPORT City Engineering Graham stated that in response to a number of concerns expressed with regard to the condition of West Round j,ake Boulevard, it is recommended that a feasibility study be completed to address problems such as subsurface soil condi tions, roadway surface, improvements needed, estimated costs and sources of funding. Counci 1 reviewed proposed Resolution 92-16, which would order preparation of the feasibility report. Becky Cederstrom, 4354 West Round Lake Road. stated she manages ten office and warehouse properties on West Round Lake Road and tenants are threatening to end their leases due to the terrible condition of the road; that some of the tenants transport calibrated equipment which is endangered by the road conditions. Sharon Ming, representing Sewall Bros Industrial Supply at 4390 West Round Lake Road, expressed appreciation for the temporary measures recently taken to fill some potholes, but said she hoped there would be a permanent solution soon as her company deals with some delicate instruments which can't be safely transported over the road. She noted the suppliers have complained and may eventually refuse to travel the road. MOTION: Malone moved, seconded by Growe, to Adopt Resolution 92- 16 ordering feasibility report in the matter of 1992 West Round Lake Road improvement. Motion carried unanimously (5-0). Mahowald expressed his opposition to spending a sizable amount of money f or a short term so 1 ution if it is apparent that reconstruction and reconfiguration of the road in the near future is inevitable. Engineer Graham questioned if Council would be agreeable to expending between $1,500 and $2,000 for soil boring tests on the road surface to be completed along with the feasibility report. He advised that eventually the soil borings would need to be done and if they were done now, the results would not change even if the reconstruction project were delayed. MOTION: Malone moved, seconded by Hicks, to authorize the City Engineer to perform soil borings on West Round Lake Road at a cost not to exceed $2,000. Motion carried unanimously (5-0). " . . . Arden Hills Council March 9. 1992 9 COUNCIL COMMENTS KEI'l'HSON POND councilmember Hicks advised Engineer Graham that one item which he would like Graham to be prepared to address at the upcoming Keithson Pond public hearing is the size of the watershed district which contributes to the pond. Engineer Graham was asked if there was any drainage to Keithson Pond from the Reiling property and if the Reiling property would benefit from improving the drainage in the area. Graham answered that a small amount does drain from the Reiling property to Keithson pond, but he was unsure how much; and that the property is impacted by the pipe installation for the outlet. TU~NING OFF WATER SERVICE councilmember Hicks commented that documentation provided to Council indicates that the City Accountant has gone the extra mile to keep from turning off water service to Mr. McGuire. He added that staff has followed procedure, and that it should not be necessary for staff to make numerous phone calls, etc. as has been the case with Mr. McGuire. ROUND LAKE ~REA PROPER~X Councilmember Hicks referred to a communication from the real tor for the property abutting the Round Lake area the purpose of which is to determine if the City has an interest ~n purchasing the property. He said he was opposed to the City considering spending a large sum of money for this property. Councilmember Mahowald commented that he would be interested in investigating purchase of the Round Lake properties. Mayor sather agreed that the Round Lake property does merit investigation due to the fact that if the City could acquire the property at a reasonable price, the City would control a major core area of the Gateway business district and have more input regarding future development. Q;"F I~I.b.ld1.EET I W;U;'-A TE CALENDAR Note was made that the Council meeting regularly scheduled for October 12, 1992 falls on the Columbus Day holiday, therefore, the meeting should be changed to october 13, 1992. .' . . . Arden Hills Council March 9, 1992 10 MOTION: Malone moved, seconded by Hicks to adopt the revised official meeting date calendar reflecting the change of regular Council meeting from October 12 to October 13, 1992. Motion carried unanimously (5-0). ~ONING ORDINANCE DRAFT Councilmember Malone noted that the Planning commission has been working on the zoning ordinance revisions and has prepared a draft of amendments. He commented that the draft looks good. .INVESTMENT_ PORTFOLIQ Counci 1 member Malone commended Finance Commi t tee Treasurer Frank Green for the graphic portfolio of investments provided to Council. ~ROREVJEW/ARDEN HILLS JO.lNT l1EETIKQ Councilmember Growe asked if the joint meeting between Shorevi ew and Arden Hi 11 s is conf i rmed for March 17, 1992. Clerk Administrator Berger stated he was unable to contact Shoreview City Manager Dwight Johnson to advise that Council preferred to meet at 5:30 p.m. on March 17. Berger explained he will contact Mr. Johnson for confirmation. UPDATE ON FRED R~ED Public Works Superintendent, Dan Winkel updated council with regard to the condition of employee Fred Reed. He stated that the latest information from Mr. Reed's doctors is that Fred may be hospitalized for 2 - 3 months. Winkel added that temporary full time help may be needed in the Public Works department to cover Fred' s extended absence. Winkel al so noted that the issue of extended sick leave for Fred must be addressed. MEDIATION Councilmember Mahowald referred to a letter from Karen Olsen, Labor Relations Associates regarding the mediation session for the issue of ho 1 iday pay f or November 1, 1991. Cl erk Administrator Berger advised that the mediator suggested that the City develop a policy covering snow days. He stated that he would survey some other communities and prepare a draft policy for Council review. .' . . . Arden Hills Council 11 March 9, 1992 AD JOURlf MOTION: Growe moved, seconded by Hicks, to adjourn the meeting at 10:02 p.m. Motion carried unanimously (5-0). ~M t~- / Thomas R. Sather, Mayor NOTICE OF MEETINGS: ~o The next regular Council meeting will be held March 30, 1992 at 7:30 p.m. at City Hall. TENTATIVE joint meeting with City of Shoreview on March 17, 1992. (The time of 5: 30 p, m. has been suggested, Definite time to follow. ) There will be a meeting held on March 23, 1992 at 4:30 p.m, at City Hall to interview architectural firm candidates, followed by a meeting at 7:30 p.m. to discuss median closing T.H. 51 - Snelling Avenue.