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HomeMy WebLinkAboutCC 11-08-1993 . , e MINUTES CITY OF ARDEN HILLS. MINNESOTA REGULAR CITY COUNCIL MEETING November 8. 1993 7:30 P.M. - Ci ty Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Council members Beverl y Aplikowski, Paul Malone, Dennis Probst; Mayor Sather. Councilmember Hicks was absent. Also present were: City Engineer. Terry Maurer; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Conununity Planning Coordinator, Brian Fritsinger; City Administrator, Dorothy Person; Recording Secretary, Shar Foster. Mayor Sather thanked the City of New Brighton for extending the use of their Council Chambers to Arden Hills. ADOPT AGENDA MOTION: Aplikowski moved, seconded by Probst, to adopt the .- November 8, 1993 agenda as presented. Motion carried unanimously (4-0). INTRODUCTION OF PRIVATE/PUBLIC COST SHARING AGREEMENT RELATING TO 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT Dale Noyed, 3505 Ridgewood Road, stated that it appears that an agreement has been struck relative to a drainage improvement project to address drainage problems in the Arden Place neighborhood. He explained that the original bid received for the project was $28,137 (about $22,000 for the contract work and about $6,000 for engineering fees) . He noted that a private quote had been secured from Plymouth Plumbing for $14,000 for contract work. Noyed stated that the parties invol ved .have verbally agreed to · a cost sharing agreement whereby the City would pay $7,000 of_ contract work and all engineering and legal costs. Wally Bauer would pay $1,000, Noyed $2,500, and Bongard (the new owner of the property previously owned by McGuire) $3.500 to a maximum of $4,000. He said he was extremely pleased with the outcome of the negotiations. Council members reviewed the draft cost sharing agreement being _ consid,ered. Administrator Person noted that the City's share of $7,000 plus engineering and legal costs is about the same proportion , .. Arden Hi 11 s Counci 1 2 November 8, 1993 e as it would have been under the earlier cost sharing plan that had been considered. She added that staff is satisfied with the agreement and the Ci ty is in the process of obtaining necessary easements. She noted that the bid from Plymouth Plumbing included PVC pipe rather than concrete pipe, which resul ted in a $1,000 savings, and the Ci ty Engineer is satisfied with that modification. MOTION: Malone moved, seconded by Aplikowski, to authorize the City Administrator to execute the cost sharing agreement between the City, Noyed, Bauer, and Bongard, said agreement to be subject to the following conditions: - Acquisition of appropriate easements - Plymouth Plumbing is to demonstrate proper insurance coverage - Final review by the City Attorney and Engineer - In the event of a change order, an addendum to the agreement is to be executed Motion carried unanimously (4-0). ~ . Councilmember Probst complimented all parties involved for resolving the Arden Place drainage problem. Tom Mulcahy, 3530 Siems Court, stated that he spoke on behalf of all the residents in the Arden Place neighborhood in thanking Noyed, Bauer, Bongard and the City for finding a solution to the drainage problems without assessment to other neighbors. PUBLIC HEARING - CONTINUANCE OF ASSESSMENT HEARING REGARDING 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT and . PUBLIC HEARING - FINAL ASSESSMENT ROLL & _ COST ALLOCATION IN THE HATTER OF 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT Councilmember Malone commented that since the cost sharing agreement for the Arden Place private/public drainage improvement had not yet been finalized, it would be prudent to continue both public hearings that had been scheduled to take place this evening. Council concurred. ~ The public hearing regarding the assessment hearing regarding the 1993 Arden Place Drainage Improvement Project was opened. . e Arden Hills Council 3 November 8, 1993 Public comments were invited; there was no response. The public hearing regarding the final assessment roll and cost allocation regarding the 1993 Arden Place Drainage Improvement Project was opened, Public comments were invited; there was no response. MOTION: Malone moved, seconded by Probst, to continue both the public hearing regarding assessments and the public hearing regarding the final assessment roll and cost allocation in the matter of the 1993 Arden Place Drainage Improvement Project ,until 7:30p.m., November 29, 1993. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES Councilmember Probst pointed out a typographical error in the first sentence of page five of the October 25, 1993 minutes (the word "withft did not belong in the sentence). Council concurred. e MOTION: Probst moved, seconded by Aplikowski, to approve the minutes of the October 25, 1993 Regular Council Meeting with the revision to page five noted above, and approve the minutes of the october 21, 1993 Worksession Meeting as prepared. Motion carried unanimously (4-0). CONSENT CALENDAR MOTION: Malone moved, seconded by Probst, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Adopt Resolution 93-57 Authorizing Application for Recycling Grant Fund for 1994. b. Execute acceptance of final easement extension · agreement from the 6th and final parcel on the East - Shore of Lake Johanna relating to the Sanitary Sewer Improvement Project. c . Adopt Resolution 93-58 Establishing License and Permit Fees Relating to Dog License Fees and Liquor Investigation Fees, and Eliminating Sections 3-26 and 3-27 of the Arden Hills City Code. d. Approve use of Bradley & Deike, P.A. for legal e assistance in land use and economic development issues. e. Approve List of Claims/Payroll. ------------ --- --- ----- ----------- . Arden Hills Council 4 November 8, 1993 e PUBLIC COMMENTS Robert Bainbridge had requested to be heard under "Public Comments"; he was not present at this time but spoke later toward the end of this meeting. UNFINISHED AND NEW BUSINESS RESOLUTION 93-59 ORDERING PRELIMINARY FEASIBILITY STUDY IN THE MATTER OF 1994 PAVEMENT MANAGEMENT IMPROVEMENT Public Works Superintendent Winkel stated that work on the 1994 Pavement Management program is beginning, and it would be the appropriate time to order a preliminary feasibility study for the program to include reconstruction of Amble Road from Lexington to Karth Lake Drive, Bussard Court from Old Snelling west to the cul-de-sac, and Dunlap Street from Ingerson Road to Cannon Avenue, and cold-in-place recycl ing for Keithson Drive from T.H. 96 south to the dead end. Councilmember Probst asked if there may also be overlay and e seal coating projects in 1994. Winkel answered that certain street sections have been identified as in need of overlay or seal coating and can be done as funds are available. Councilmember Malone commented that a community worksession would be conducted as part of the Pavement Management process. MOTION: Probst moved, seconded by Malone, to adopt Resolution 93- 59 Ordering Preliminary Feasibility Report in the - a Matter of the 1994 Pavement Management Improvement. Motion carried unanimously (4-0). 1993/94 STORM WATER MAINTENANCE PROJECT REVIEW Public Works Superintendent Winkel stated that staff has' estimated the needs for the 1993/1994 storm water management improvement and maintenance projects and is recommending - adoption of Resolution 93-60 ordering a feasibility report for these projects. Councilmember Probst asked if the Keithson Pond drainage project is completed. Administrator Person reported that the Keithson Pond project is complete with the exception of one easement issue which is presently going through the legal - process. e Arden Hills Council 5 November 8, 1993 Council reviewed Winkel's November 4, 1993 memorandum which reflected changes to the 1993/94 storm water maintenance projects as discussed at the October Council worksession. In response to inquiry by Council, Winkel updated the Council as to plans for 509 Identified Capital Projects (Keithson Pond and Valentine Crest Road). MOTION: Malone moved, seconded by Probst, to adopt Resol uti on 93- 60 Ordering a Preliminary Feasibility Report in the Matter of the 1993/94 Storm Water Management Improvement. Motion carried unanimously (4-0) . REOUEST BY EMPLOYEES TO INCREASE SHORT-TERM GROUP DISABILITY COVERAGE ON SELF-PAID BASIS Administrator Person explained that all public works union employees requested an additional $100 weekly short-term disabi 1 ity benefit for which those employees would pay a monthly premium of $4.50 per employee. She added that 100% enrollment participation is required by the insurance company e and 100% of the union employees wish to participate. Person commented that usually she would not recommend that different benefi ts be extended to different employees, but since union employees were wi 11 ing to pay for the benefi t themselves, she recommended they be given that opportunity. She noted that non-union employees had not expressed 100% interest in the extension of this benefit to non-union employees, therefore, non-union employees would not be eligible to participate. MOTION: Aplikowski moved, seconded by Probst, to approve the additional $100 weekly short-term disability benefit to be extended to union employees on a self-paid basis. Motion carried unanimously (4-0) . CONSIDERATION OF APPROVAL OF SECTION 125 . PRE-TAX BENEFIT PROGRAM FOR EMPLOYEES _. Administrator Person explained that the City staff had reviewed Section 125 plans by which employees could reduce income taxes payable to the Internal Revenue Service through pre-tax deductions for insurance premiums, child/dependent care and out-of-pocket medical expenses. e Arden Hills Council 6 November 8, 1993 e .,~ ' Person added that the City is anticipating to cover the program costs through reduction in FICA due to pre-tax deductions through the Section 125 Plan, but the substantial savings would be to employees participating in the plan. Person recommended that the counci 1 authorize the establishment of a section 125 plan effective January 1, 1994, with DCA, Inc. to be the third party administrator. MOTION: Aplikowski moved, seconded by Probst, to authorize the establishment of a Section 125 Plan, effective January 1, 1994, for insurance ,premiums paid by the employee, out- of-pocket medical up to $2,000 a year, and child care expenses up to $5,000 per year, with DCA, Inc. as the third party administrator. Motion carried unanimously (4-0). RESOLUTION 93-61 CREATING CITY ECONOMIC DEVELOPMENT COMMITTEE Councilmember Aplikowski corrunented that the City has been e working for some time toward creating an Economic Development Committee and she is very pleased to see that step fina 11 y being taken. MOTION: Aplikowski moved, seconded by Probst, to adopt Resolution 93- 61 Establishing an Economic Development Corrunittee. Motion carried unanimously (4-0). COUNCIL COMMENTS ELECTION POLLING LOCATIONS Council agreed to discuss, at their November 18 worksession, the matter of changing election polling places (necessary due to the renovation of the Arden Hills Council Chambers which served as a polling place) . Person. offered to prepare a" report as to options for changes and possibly reducing the number of polling places. - Councilmember Malone corrunented that one of the advantages of maintaining four polling places is that more locations helps to reduce waiting lines on election days. Person stated that reducing the number of locations would require fewer election judges and less voting equipment. e e Arden Hills Council 7 November 8, 1993 STORM WATER MANAGEMENT UTILITY APPEAL Councilmember Malone referred to a letter received from Arden View Townhouse Association indicating that they fi 1 ed an appeal to the storm water management utility which was not responded to by the City. He recalled receiving correspondence from the Association in the past which voiced opposition to and concerns about the util ity, but he did not regard that correspondence as an appeal. Administrator Person concurred. Councilmember Aplikowski'reported that she had spoken with Jane Larson, representing the Association, who believed that the intent of the earl ier correspondence was to appeal the utility because residents of the townhomes believe they have less density and more open space than other properties and are being overcharged for the storm water management utility. Council agreed that Arden View residents may certainly file an appeal to be considered during the next appeal process. e Councilmember Malone commented that the correspondence from Arden View also indicates that the Arden Hills' storm water management utility ia a copy of Roseville's plan, which is not an accurate statement. RICE CREEK NOMINATION Councilmember Aplikowski nominated Keith Myrmel to serve on the Rice Creek Watershed District Board of Managers. Administrator Person took note and offered to forward the nomination. UPCOMING WORKSESSION Councilmember Probst commented that he was pleased with the tentative agenda for the November 18 worksession, especially with regard to scheduled discussion regarding strategic' planning for City boards/committees/commissions. -.. ROAD TURN BACKS Councilmember Probst referred to correspondence received from Ramsey County regarding possible turnbacks of roads within the next ten years. Administrator Person advised that Public Works Superintendent Winkel has voiced some concern regarding e future avail abil ity of funds for proposed turnbacks in general. Councilmember Probst asked that staff confer with Ramsey County to cl arify the intent of the proposed arrangements. Arden Hills Council 8 November 8, 1993 e C;:.~~L E:GOMJ.\.l.SSlillLLAW.SiU T Councilmember Probst referred to notification the City had received regarding a lawsu1t pending against the Cable COmm1SS10n. Administrator Person stated that the City Attorney reviewed the notif1cation and advised that no action is required by the City Council at this time with regard to the notification. Councilmember Probst asked staff to try to get more information about the suit. councilmember Malone commented that occasionally in the past the Ci ty has received notification that other claims of this type have been made. JOHN BUCKLEY RETIREMENT Mayor Sather referred to correspondence from former Parks Director, John Buckley, requesting that the City offer him early retirement incentives available through PERA. He noted that employers are not required to offer these incentives, but may do so if they so choose. Sather stated that he was inclined to believe that the spirit e of the PERA early retirement option would not be upheld in Buckley's case in that Buckley chose to retire in the normal way rather than retire early due to incentives. He noted that correspondence from Buckley indicates that offering the early retirement incentive benefit would not cost the City anything; he disagreed with that opinion and stated that all benefits offered to employees cost taxpayers in some way. He noted that Buckley's resignation and retirement also came before the "window" of time for earl y retirement incentive. Councilmember Malone concurred with Sather's comments. Councilmember Aplikowski also concurred, adding that she usually favors offering employees all benefits possible, but this particular benefit does not appear to be appropriate given the circumstances. ~ Councilmember Probst echoed the comments made by other -, Councilmembers and added that the legislation to allow for this benefit was not designed to be used indiscriminately and the benefit does not appear to be applicable in Buckley's case. MOTION: Malone moved, seconded by Aplikowski, to deny John Buckley's request for earl y retirement benefit based on e the council's finding that Mr. Buckley retired in the normal fashion, therefore, it would be inappropriate to provide such benefit. Motion carried unanimously (4-0) . , . ~ Arden Hills Council 9 November 8, 1993 PUBLIC COMMENTS (continued) Robert Bainbridge, 4113 James Circle, referred to the Anderson request for a variance which the Council recently sent back to the Planning Commission for further review. He stated that he believes the Andersons "gave up" in trying to get the City to allow them to improve their property. Bainbridge commented that the City needs to begin being more sensi ti ve to the need for certain areas of the Ci ty to be improved and perhaps make allowances for such improvements, particul ad y on substandard properti es. He s ta ted that if reasonable allowances are not made, property owners will be discouraged from making necessary improvements, and the City will ultimately suffer from resulting poorly maintained properties. Bainbridge added that the "hardship" test required for the granting of a variance is often too difficult to satisfy and impedes positive improvements. He suggested that if an improvement to a substandard property is acceptable to .. neighbors and conforms to proper building codes, etc., the ,., City should be more lenient in providing opportunities for such improvements. Bainbridge suggested that the City find ways to make reasonable exceptions for the betterment of the community and remember to treat applicants like the Andersons as "customers". Mayor Sather commented that he believes the Council does make an effort to treat the public like customers, but it is often difficult to uniformly and consistently apply regulations in a manner not to discriminate against or allow extra privileges to individual applicants. Councilmember Aplikowski suggeste~ that perhaps the. establishment of a Housing Committee or Task Force might be a good way to handle this matter. - Counci Imember Probst stated that Bainbridge's comments are valid, and he would be open to suggestions for reasonable means of addressing these types of matters. He invited suggestions from the public in this regard. He suggested directing this concern to the Planning Commission for their review and discussing the matter further at the November 18 ~ worksession; Sather concurred. . , Arden Hills Council 10 November 8, 1993 e ADJOURN MOTION: Probst moved, seconded by Aplikowski, to adjourn the meeting at 8:32 p.m. Motion carried unanimously (4-0) . Thomas R. Sather, Mayor Dorothy A. Person, Administrator The next Council worksession will be held November 18, 1993 at 4: 30 p.m. in the Public Works Building. The next Council meeting will be held November 29, 1993 at 7:30 p.m. at the New Brighton Council Chambers, e ~ - e