HomeMy WebLinkAboutCC 11-08-1993
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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
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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
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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.
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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.
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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 -
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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.
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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
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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.
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Arden Hills Council 6 November 8, 1993 e
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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.
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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.
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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) .
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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.
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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,
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