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HomeMy WebLinkAboutCC 10-12-1993 , . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING October 12, 1993 7:30 P.M. - City 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: 40 p.m. Present: Councilmembers Dale Hicks, Paul Malone, Dennis Probst; Mayor Sather. Absent: Councilmember Aplikowski. Also present were: City Engineer, Terry Maurer; Public works Superintendent, Dan Winkel; City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Administrative Secretary, Renee Kaulfuss; City Administrator, Dorothy Person; and Recording Secretary, Shar Foster. ADOPT AGENDA Note was made that this evening's agenda was revised to include Consent Calendar items "C"I "e", IIf" and "g". MOTION: Malone moved, seconded by Probst, to adopt the October . 12, 1993 agenda. Motion carried unanimously (4-0). CONSENT CALENDAR Mayor Sather read aloud Consent Calendar item "f". 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. Approve execution of two-year contract with EZ Recycling to provide recycling services to the City of Arden Hills. b. Approve request for door-to-door canvassing by Greenpeace. c. Approve request for door-to-door informational canvassing for a new business venture in Arden Hills - Trevor M. Hall. d. Approve expenditure of $1,700 to purchase the Skid- Steer Loader as budgeted for in 1993. e. Approve worksession minutes of August & September 1993. f. Approve Resolution #93-51 Designating October 1993 as International Alpha Delta Kappa Month. . g. Approve Resolution #93-52 Designating October 18 through 22, 1993 as Manufacturer's Week in Arden Hills. h. Approve list of claims/payroll. ------ . Arden Hills Council 2 October 12, 1993 PUBLIC HEARINGS RECEIVE PUBLIC INPUT REGARDING 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT and RECEIVE PUBLIC INPUT REGARDING FINAL ASSESSMENT ROLL AND COST ALLOCATION FOR 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT Mayor Sather opened the public hearing regarding the proposed Arden Place Drainage Improvement at 7:44 p.m. Administrator Person verified that notice of this meeting was published in the New Brighton Bulletin on both September 29 and october 6, 1993. Mayor Sather explained that the process for this public hearing would involve a review of the background of this issue, a presentation by City Engineer Maurer, and then receipt of public input from residents who have listed their . name on the guest register. Public Works Superintendent Winkel outlined the background of the Arden place drainage issue as follows: 1982 Lot split approved to create separate property at 1553 Arden place Spring 1991 Residents reported problems with poor drainage in Arden Place neighborhood and its affect on both newly constructed home at 1553 Arden place and 3505 Ridgewood Road Summer 1991 Council directed preparation of feasibility report for improvement project Fall 1991 Council accepted feasibility report and conducted public hearings where issues of easement and acquisition arose - discussions continued through summer 1992 Summer 1992 Continued public hearing, Council ordered plans and specifications for route alignment necessary to circumvent easement and acquisition issues . Fall 1992 Assessment hearing conducted - objections raised which deferred the project Spring 1993 Residents continue to seek assistance and accept original route alignment for project . Summer 1993 Bids for project taken and accepted Present Public hearing for improvement and assessments ~ Arden Hills Council 3 October 12, 1993 City Engineer Maurer explained that the most recent proposal actually is the same as the original plan and calls for the installation of a storm water inlet which originates at approximately half the depth of the 1553 Arden place property and a drainage system which runs southerly across the Arden Place street and between properties at 1548 and 1540 Arden place to eventually flow to Lake Johanna. He stated that when this plan was originally presented, there was resistance by the property owner at 1540 Arden place to provide the necessary easement, but that matter has since been resolved. Maurer reported that the low bid for this project was from F. F. Jedlicki in the amount of $22,510, and overhead is estimated at $5,627.50, for a total estimated project cost of $28,137.50. He added that eight properties have been identified as contributing storm water run-off to the existing drainage problem. He noted that two options for payment of the project are under consideration. Maurer explained that Option 1 would consist of all eight contributing property owners paying an equal share of the . total cost of the project ($3,517.19 per property). He stated that Option 2 would involve each of the eight contributing properties paying an assessment relative to the amount of their respective run-off contribution. He added that he has determined that if Option 2 were used, 1553 Arden Place would be 100% contributor, 3517 Ridgewood Court would be 25% contributor, and the other six properties (3487,3505 and 3511 Ridgewood Road and 3510, 3520 and 3530 Siems Court) would be 50% contributors. Councilmember Hicks commented that the estimated overhead figure of $5,627.50 ref 1 ects onl y overhead for the actual project, but does not cover any of the engineering or legal work that has been done in the past to try to resolve this drainage problem. Administrator Person concurred, adding that, to date, the City had already expended $7,354 in 1992 and 1993 toward work involving the Arden Place drainage issue. Councilmember Probst commented that the property at 1553 Arden Place obviously would benefit the most from the drainage improvement project. He asked what procedure would have to be followed if that owner were to be levied a larger assessment than $3,517.19. Administrator Person stated that the notices for this public hearing stated that the maximum possible assessment would be $3,517.19 per property; if any property . owners were to be considered for an assessment higher than that amount, a new publ i c hearing woul d be requi red wi th appropriate notice of new potential maximum assessment figures. . Arden Hills Council 4 october 12, 1993 Mayor Sather invited public comments. He noted that written correspondence had been recei ved from Ron Bongard, prospective buyer of property at 1553 Arden Place. The comments of speakers are summarized as follows (not verbatim): Arnold Lindberg, 3520 Siems Court: The proposed improvement project would not be needed if the City would have properly maintained the existing drainage pipe in the area. Although owners of the affected properties are sympathetic toward the plight of the owners of the properties at 1553 Arden Place and 3505 Ridgewood Road, we do not wish to share in the cost of solving their problem. Ron Bongard: My wife and I are attempting to purchase the property at 1553 Arden Place, previously owned by Warren McGuire. Our mortgage broker has advised that our mortgage is in jeopardy if this drainage issue is not resolved. I believe the City has been negligent in the handling of this matter and the City should pay 100% of the cost to resolve the problem. The existing pipe was apparently inadequate and not properly maintained. In 1982 the City approved a lot spl it which . created 1553 Arden Place, and City records indicate that the City Engineer at that time advised that the property was buildable and no drainage problems would be created by constructing a house there. The City later issued building permits to allow 1553 Arden Place to be built. Tom Mulcahy, 3530 Siems Court: I have 1 i v ed in my home at 3530 Siems Court for over 25 years and have not altered the natural flow of drainage whatsoever. My property would not benefi t at all from the proposed project, therefore, an assessment to my property is not justified. If the Option 2 assessment alternative were used, my property would be assessed as a 50% contributor. In fact, my lot drains almost completely to Siems Court, not to the area where the project is proposed to be installed. Bill Thornton, 3510 Siems Court: The City Engineer has stated that the Option 2 assessment alternative would base assessments on storm water contributi on. I question the accuracy of the topographical maps from which "contribution" is being determined. Maurer stated that the 25%, 50% or 100% contributor designation was determined based on topographical maps (which he considers qui te accurate) and visual survey of the . properties involved. . Arden Hills Council 5 October 12, 1993 John Halvorsen, 3517 Ridgewood Road: Six of the eight affected property owners expressed concerns and objections to being assessed when this matter was discussed last fall. Before 1553 Arden Place and 3505 Ridgewood Road were bui It , the other six properties involved in this evening's public hearing had no drainage problems. I recall the City Attorney saying that if the City had known the facts that have now come to 1 ight, the City would not have allowed the properties which are now plagued with drainage problems to be bui! t . I also dispute the accuracy of the topographical maps being used to determine "contribution". One of the neighbors mentioned that there is an easement along the east property line of 1553 Arden Place which should be used to resolve this issue. Dale Noyed, 3505 Ridgewood Road - (submitted and read aloud his letter which made the following points): The wet conditions on my property and the property at 1553 Arden place not only create an inconvenience for us but also create a safety hazard from the standpoint of possible drowning or . electrocution. Electrical pumps have, for some time, been used to pump water from my property. The developer of my home, Wally Bauer, was given City permission to build on the property, he has assisted me in the continued pumping of water from my property, and he has indicated will ingness to contribute toward a project to solve the drainage problem. I believe that if the City were to approach Mr. Bauer, he would make a financial contribution toward resolution of the drainage problem. The City's former engineering firm, who gave their blessing to the development of my property and the property at 1553 Arden Place, should bear some of the burden to resolve the drainage issues. J. Lundgren, 3487 Ridgewood Road: This project definitely needs to be done. I would prefer to welcome the Bongards as potential new neighbors in a more positive way than through this meeting here tonight. I have no drainage problem on my property and would receive no benefi t from the proposed project and am, therefore, opposed to paying any share of the cost of an improvement project. Esther Dant, 3511 Ridgewood Road: I am submitting my written objection to any assessment. This situation has not changed since this neighborhood expressed their objections last fall. There is no way to fill in the property which is experiencing . the drainage problems enough to compensate for the fact that surrounding properties are hills. ~ Arden Hills Council 6 october 12, 1993 Additional input was invited; hearing no response, the public hearing on the proposed Arden place improvement project was closed at 8:22 p.m. The public hearing regarding assessments and cost allocation for the proposed Arden Place drainage project was opened at 8:23 p.m. Administrator Person verified that notice of this public hearing was published in the New Brighton Bulletin on both September 29 and october 6, 1993. Several persons who had signed the guest register were invited to speak and they deferred their comments until after Bill Thornton had spoken. Bill Thornton, 3510 Siems Court: My neighbors and I thought consideration of an assessable Arden place drainage project was disposed of last fall. A proposal was made quite some time ago for a drainage improvement and that proposal was abandoned, only to be presented again as a new proposal. In actuality, this proposal is simply a restatement of the old proposal. My neighbors and I believe the City is attempting . to avoid its responsibility after not having properly maintained the existing drainage pipe in the past. We object to contributing any funds toward the City's storm water management utility if those funds are not used for matters such as these. Six of the eight properties proposed to be assessed would receive no benefit from the proposed project and, therefore, cannot justifiably be assessed. The test for whether a property receives "benefit" is whether the property's valuation increases at least to the extent of the assessment. Real estate experts have advised that the six objecting properties would not realize increased valuation due to this project. There are laws which give property owners the right to discharge storm water run-off onto lower land. My neighbors and I realize it is unfortunate that the properties at 3505 Ridgewood and 1553 Arden Place are plagued with drainage problems, but we do not believe it is appropriate for us to share in the cost of correcting their problems. John Halvorsen, 3517 Ridgewood Road: I echo Thornton's comments. I also question the method of assessment used in Option 2. My property does not drain to the problem area to the extent determined by the City Engineer using Option 2. The City allowed a house to be built in a swamp; the City should bear the largest portion of the cost of corrective . action, and the two benefiting property owners should also contribute to that cost. ~ Arden Hills Council 7 October 12, 1993 Dale Noyed, 3505 Ridgewood Road: I was pleased to see the Ci ty set up the storm water management uti Ii ty. In other cities, this fund is established for the purpose of solving problems such as the Arden Place drainage issue and it should be used in this case. J. Lundgren, 3487 Ridgewood Road: It is cl ear that the property owners at 1553 Arden Place and 3505 Ridgewood Road are not responsible for this drainage problem. Initially, the developer of those properti es, Wall y Bauer, verbal 1 y promised to accept responsibility for the drainage problem. It is not appropriate for the City to punish property owners who have had the good sense to build their homes on higher ground. Arnold Lindberg, 3520 Siems Court: Mr. Johnson, the property owner at 1540 Arden Place, was initially opposed to the proposed project but he has since changed his mind and would allow the alignment being proposed. There is no benefit to the six higher ground neighbors and during heavy rain events, the six higher ground neighbors do not experience drainage . problems. what is being proposed is not a new improvement, but replacement of existing pipe which is not operational. MaryAnne Lindberg, 3520 Siems Court: Since nothing has changed for the properties on higher ground, it is difficult to understand how the City could even consider asking us to share the cost of the proposed project. I am fond of and proud of my City and my neighborhood and I do think this probl em needs to be addressed, but not paid for by the neighbors who would not benefit. Ron Bongard, prospective buyer of 1553 Arden Place: There is obvious anger and animosity displayed here this evening. The Council should recognize there is value in appeasing residents not only in the interest of goodwill in the City, but also to eliminate the possibility of potential litigation. Tom Mulcahy, 3530 Siems Court: When an assessment notice arrives in the mail, there is a feeling of hopelessness. It is a chi 11 ing experi ence to be forced to accept an unfai r assessment. The City must bring this matter to a close. Addi ti onal publ ic input was invited; hearing no response, Mayor Sather said he would entertain a motion to close the public hearing regarding assessments and cost allocation . relative to the Arden Place Drainage Improvement. - ----.-------..--- . Arden Hills Council 8 october 12, 1993 Administrator Person advised that the City Attorney's recommendation was not to close the assessment public hearing, but to continue the hearing to allow the City time to investigate possible legal or engineering options relative to the Arden Place drainage issue. Council noted that the october 25 Council meeting agenda was quite full making it appropriate to continue the assessment public hearing to the November 8 regular Council meeting. Councilmember Malone commented that this matter has been discussed at length and appears to still be at an impasse. He added that the toughest issue is that of whether the resolution to this problem should be a public or a private improvement. He noted that there is really no impact on the overall public so he does not believe it is appropriate for the overall public to pay for such a project. He suggested the possibility of a private project with a development agreement be investigated. Councilmember Probst expressed concern regarding comments made . by the public to the affect that the City warranted the buildability of the properties which are now plagued with drainage problems. He added that it is the responsibility of the developer, not the City, to assure property is buildable. He responded to comments heard this evening with regard to the City's poor maintenance of the existing pipe by saying that it is still unclear how the City was involved with the initial installation of the existing pipe and who was actually responsible to maintain the pipe. He objected to the taxpayer at large paying for a project which would benefi t only a specific neighborhood. He favored an arrangement whereby the one or two most severely impacted property owners bear a larger share of the cost of the proposed project, perhaps double the $3,517.19 amount that was reflected in the public hearing notices. He emphasized that this issue must not only be brought to a close but it must also be resolved in a reasonable and equitable manner. Councilmember Hicks said he is troubled by allegations of City negligence in the maintenance of the existing pipe because he does not believe it was the responsibi li ty of the City to maintain that pipe. He added that if there had been a mechanism in place to assure the developer had addressed the drainage issue prior to building the homes, there would not be this problem now. . ~ Arden Hills Council 9 October 12, 1993 Mayor Sather commented that local government has an obligation to be sensi ti ve to individual resident needs, but a 1 so to protect the taxpayers' dollar. He stated that the Arden Place drainage problem is clearly a neighborhood problem and there seems to be agreement that an improvement is necessary to solve the problem. He added that the entire City should not pay to resolve this issue because there is not contributing storm water run-off from the entire City; however, there is storm water run-off contributed by certain properties in this neighborhood, therefore, the neighborhood should share the burden of paying for the project. MOTION: Probst moved, seconded by Hicks, to: 1) Table action with regard to ordering the 1993 Arden Place Drainage Improvement, and 2) Table action wi th regard to adopting the final assessment roll for the 1993 Arden place Improvement Project, and 3) Continue the public hearing regarding assessments and cost allocation in the matter of the 1993 Arden Place Drainage Improvement Project until November 8, 1993 at . 7:30 p.m. Prior to November 8, staff is directed to take the following action and provide back to Council: A) Meet with developer Wally Bauer to discuss the matter of financial contribution to resolution of the Arden Place drainage problem, and B) Meet wi th the principa 1 s of the 1553 Arden PI ace and 3505 Ridgewood Road properties to discuss the possibility of a private drainage improvement rather than a public project, and C) Formally notify the 1553 Arden Place and 3505 Ridgewood Road principals as to the potential for up to a $7,034.38 assessment for the proposed Arden place Drainage Improvement Project. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES MOTION: Probst moved, seconded by Malone, to approve the minutes of the September 27, 1993 Regul ar Council Meeting as prepared. Motion carried unanimously (4-0). PUBLIC COMMENTS There were no public comments. . --- . Arden Hills Council 10 October 12, 1993 UNFINISHED AND NEW BUSINESS RESOLUTION #93-49 ORDERING IMPROVEMENT - 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT This agenda item was tabled as part of action taken earlier this evening under "Public Hearings". RESOLUTION #93-50 FINAL ASSESSMENT ROLL - 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT This agenda item was tabled as part of action taken earlier this evening under "Public Hearings". SUPPORT OF GRANT APPLICATION - RAMSEY COUNTY SHERIFF'S DEPARTMENT Councilmembers were in receipt of a sample resolution, which if adopted, would lend support to Ramsey County Sheriffs Department in their submittal of a grant application seeking funding for hi ri ng of additional police officers. Mayor . Sather commented that the Mayor of Shoreview had recently contacted him encouraging Arden Hi 11 s support of the grant application. Councilmember Malone expressed concern that the funding being sought through this grant application would pay only a portion of the cost of the additional police officers and only for a finite period of time, after which, the cities contracting with Ramsey County Sheriff's Department would be responsible to accept the continued financial commitment to pay for the addi ti ana 1 hires. Councilmember Probst said that while he is not opposed to other contract cities supporting the grant application and making that future financial commitment, he cannot support Arden Hills making that future financial commitment, with its already tight budget. Consensus of Council was to take no action on this item. COUNCIL COMMENTS TCAAP PROPERTY Councilmember Probst reported that he and Administrator Person . continue to prepare for upcoming informational meetings regarding the Twin Cities Army Ammunitions plant property. He added that the focus is to assure that citizens receive accurate information with regard to the TCAAP property. - ______n______ . Arden Hills Council 11 October 12, 1993 Probst added that coverage in the City newsletter and the local press is crucial in disseminating accurate information, and estimated newsletter costs may be as high as $1,950. Council concurred with the use of this resource. TRAIL SIGNS Councilmember Probst reported that the Parks and Recreation Director is working on trail signage and has invited feedback. AMM Mayor Sather announced that the Association of Metropolitan Municipalities is hosting its annual meeting on November 4, 1993 at the Ramada Inn in Arden Hills. He encouraged Council attendance. ADMINISTRATOR COMMENTS USE OF NEW BRIGHTON COUNCIL CHAMBERS . Administrator Person drew attention to the proposed agreement with the City of New Brighton for use of their Counci 1 Chambers. She asked Council to review the document and advise of any suggested revisions. ADJOURN MOTION: Probst moved, seconded by Hicks, to adjourn the meeting at 9:23 p.m. Motion carried unanimously (4-0) . Thomas R. Sather, Mayor Dorothy A. Person, Administrator NOTICE OF MEETINGS: Oct. 21 4:30 pm Council Worksession AH Council Chambers Oct. 21 7:30 pm Public Works/Safety AH Council Chambers Oct. 25 7:30 pm Council Meeting AH Council Chambers Oct. 26 7:30 pm Parks & Recreation PW Conference Room Oct. 28 7:30 pm Finance Committee PW Conference Room Nov. 3 7:30 pm Planning Commission New Brighton Chambers Nov. 8 7:30 pm Council Meeting New Brighton Chambers Note: Renovation of Arden Hills City Hall will begin October . 26. After October 26, Council Meetings and Planning Commission Meetings will be conducted at the New Brighton Council Chambers and other meetings will be conducted at the Arden Hills Public Works Conference Room. ---------