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HomeMy WebLinkAboutCC 02-24-1986 KINUTES OF REGULAR COUNCIL KEETING Village of Arden Hilla Konday, February 24, 1986 - 7:30 P.K. Village Hall Call to Order Pursuant to due call and notice thereof, Kayor Woodburn called the meeting to order at 7:30 p.m. Roll Call Pre.ent. . Absent: Also Present: Kayor Robert L. Woodburn, Councilmember. Thomas Sather, Nancy Hansen, Dale Hicks Councilmember Gary Peck Attorney James Lynden, Treasurer Donald Lamb, Public Works Supervisor Administrator Charlotte Dorothy Zehm Engineer Barry Peters, Planner Orlyn Killer, Robert Raddatz, Clerk KcNiesh, Deputy Clerk Annroval of Kinutes Sather moved, seconded 3 Council meeting be unanimously. (4-0) by Hicks, that the minutes of the February approved as submitted. Motion carried Business from the Floor None. REPORT OF VILLAGE ATTORNEY JAKES LYNDEN Kunicioal Amicus Proaram Lynden briefly described the benefits of the program I suggested that it would be -money well spent- to have an acting -watch dog- and assistance in litigation cases. In discussion, it was noted that the annual fee is based on league duesl 1985/1986 Arden Hills' fee is $329 (September to September). Hicks moved, seconded by Sather, that Council authorize Arden Hills' participation in the Kunicipal Amicus Program 1985/86 at a cost of $329 (lOX of annual dues). Motion carried unanimously. (4-0) Case No. 85-2. Develonment Aareement - Edaewater Estates Council was referred to the Edgewater Estates Development Agreement. Lynden recommended its approval and execution thereof prior to 3/1/86 to comply with Section 2, page 3 of the Agreement. Lynden referred Council to Section 5 (b) Snecial Assessment Installmentsl explained that interest continues to accrue on the unpaid balance. Lynden referred Council to Section 5. (b) Acceleration of Balance of Assessments Due Unon Default which he said contains additional language making the entire balance due and payable if delinquent (a more stringent provision). . Hicks moved, seconded by Hansen, Development Agreement as submitted and by the Mayor and Clerk Administrator. (4-0) that Council approve the euthorize execution thereof Motion carried unanimously. Kotion to Ratify and Confirm Council Action at Closed Portion of Meetina on February 3 to Terminate Emnloyment of Public Works Kaintenance Emoloyee Lynden said the motion is probably not necessary, but recommends the motion at an open meeting. Hansen moved, seconded Council action taken at terminate employment of a Kotion carried unanimously. by Hicks, that Council ratify and confirm the closed meeting on February 3 to Public Works maintenance employee. (4-0) Minutes of Regu~ar Counci~ Meeting, February 24, 1986 Page 2 REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN (Absent - report by Engineer Barry Peters) Reso~ution No. 86-9. Aoorovina Coooerative Construction Aareement. MnDOT - Ham~ine Avenue South of F~oral Drive Counci~ was referred to Peters' ~etter of 2/21/86. Peters reported that they have reviewed the Cooperative Construction Agreement; costs and quantities are correct; exp~ained that the Reso~ution .hou~d be approved as prepared; noted that the City wi~l save the estimated city share for tapers of $9,353.92, with approved construction of Hamline to 46' width. (City share shown on agreement wi~~ be adjusted after bid is awarded. ) Hansen moved, seconded by Hicks, that Counci~ adopt 86-9, APPROVING COOPERATIVE AGREEMENT, MnDOT SOUTH OF FLORAL DRIVE. Motion carried unanimous~y. Reso~ution No. HAMLINE AVENUE (4-0) . Certificate of Substantia~ Como~etion - Imor. No. P-85-1. Ham~ine Avenue Surcharae Counci~ was referred to Peters' ~etter of 2/10/86 re Ham~ine Avenue Fi~~ Surcharge. Peters Request correct. reported that they have reviewed the for Substantia~ Completion and have Application and found them to be Peters reported that C. W. Houle has completed the work; ncted that the .eeding was done late in the year; recommended that the City authorize Payment No.2 in the amount of $28,586.91, reducing the retain age from 5X to 2X, which will he consider. sufficient until the seed growth can be observed in the spring. Hicks moved, seconded 2 in the amount of substantially complete. by Hansen, that Council approve Payment $28,586.91, and accept the project Motion carried unanimously. (4-0) No. as New Briahton Interceotor. Metrooolitan Waste Control Commission Pr01ect No. 84-51 Peters reported that they have submitted a letter to Minnesota Pollution Control explaining that the line cennot be relocated, as requested, to the 694 right-of-way, because construction is not allowed on I694 right-of-way, advising that the proposed location follows an existing utility easement and is the least costly location for construction of the line. Peters reported that the original starting date by Metro Waste was May with completion in December, 1986; now he understands there will be a delay of a couple of months. Peters ~aid SEH is holding on the City's part, pending the Metro Waste plans. In discus. ion, it was noted that an easement, and a problem relative to the tower guy wire mounts, are still pending; suggested these be resolved so construction wi~l not be obstructed once started. Concern was expressed that the completion date not be delayed beyond December, 1986. REPORT OF VILLAGE PLANNER ORLYN MILLER . Case No. 86-2. Lot Solit and Consolidation. 1415 Skiles Lane. James Scholen Council was referred to transparency of the subject lot and the surrounding neighborhood; Miller explained that the applicant wants to subdivide the 2-1/2 lots he owns to create another developable lot, and at the same time se~~ a portion of the parcel to an adjacent neighbor to improve his side yard and frontage on Forest Lane. Minu~es of Regular Council Mee~ing, February 24, 1986 Page 3 Killer repor~ed ~ha~ the proposed resubdivision will resul~ in two lo~s which mee~ or exceed ~he dimensional R-l requirements, wi~hout variance; reported ~hat ~he Planning Commission recommends approval condi~ioned on ~he following I a. Submission of adminis~ra~ive ~he Coun~y. b. Consolida~ion of Parcel A and ~he adjacen~ lo~ to be accomplished simul~aneously wi~h ~he lo~ split. a revised review by Regis~ered Land Survey for the City before recording with . c. Es~ablishmen~ of a covenan~ requiring ~he principal structure on Lo~ 2 ~o fron~ on Fores~ Lane. Killer lot be Lane. no~ed tha~ restric~ed it is ~he applican~'s desire ~ha~ ~he crea~ed ~o front on Fores~ Lene, ra~her than on Skiles Kr. Scholen explained ~hat ~here is a na~ural drainage swale crossing ~he sou~h por~ion of ~he lo~; for reasons of drainage, he feels access to ~he house should be from Forest Lane; said he is no~ concerned whe~her ~he house fron~s on Fores~ Lane or Skiles Lane. Killer no~ed ~ha~ ~his can be accomplished by ~he applican~ by a~taching the appropria~e covenan~s ~o ~he 10~1 no~ed i~ is no~ recommended by ~he Planning Commission as a City res~riction. Hicks moved, seconded subdivision as ou~lined subject to ~he conditions Motion carried unanimously. by Sa~her, on Planning recommended (4-0) ~ha~ Counoil approve ~he memo (1/30/86) Attachment B, by the Planning Commission. Case No. 86-4. Lo~ Salit and Lo~ Death Variance. 1370 Skiles Lane. H. B. and B. H. Klem Council was referred ~o ~ransparency of ~he subjec~ lot and ~he surrounding neighborhood. Killer explained that the applican~s own 1-1/2 lots which ~hey propose ~o divide ~o create a buildable lo~ fronting on Glenarden Road. Killer no~ed tha~ bo~h lots, as propo.ed, are 120' x 130', which exceeds minimum dimensions; no~ed ~ha~ the lo~ fron~ing on Glenarden Road will require a 10' dep~h variance (130' dep~h required). Killer reviewed how a house on the proposed lot will relate ~o ~he o~her lo~s in the area and ~he exis~ing .e~backsl no~ed ~hat setbacks vary from 40' (required) ~o 60'; explained ~hat by ordinance, the prevailing setback shall prevail, bu~ not ~o exceed 60'. Killer noted ~ha~ where se~backs vary, i~ is logical ~o de~ermine an -average plane-, which would be abou~ 50' (drawing a line be~ween ~he houses on ei~her side of ~his lo~). -'- . Miller no~ed ~ha~ ~here is a na~ural drainage swale along ~he sou~h proper~y line which should be preserved (no filling or obs~ructions); noted e 25' easemen~ would accomplish this, if ~he lo~ is approved. Killer repor~ed ~ha~ the Planning Commission and Board of Appeals recommend approval of ~he 10' dep~h variance I noted Board of Appeals approved pending neighborhood input. Hicks moved, seconded by Hansen, that Council approve ~he lo~ spli~ and ~he 10' lo~ dep~h variance, subjec~ ~Ol a. Es~ablishment of a 25-foot wide drainage easemen~ along ~he sou~h lo~ line. No s~ruc~ures, fill, or o~her obs~ruc~ions shall be placed wi~hin ~hat easement without specific approval of the City. b. Provision of a 50-foot minimum front setback for the proposed house on Parcel B. Minutes of Regular Council Meeting, February 24, 1986 Page 4 In discussion, it was noted that "neighborhood input" has generally been obteined by the Board of Appeals when making its observation of variance requests which may have neighborhood impact. Woodburn noted that, in this instance, the 120' depth seems appropriate because of the lot's relationship to the adjacent lots, noted that he will, therefore, vote for the motion. Motion carried unanimously. (4-01 Case No. 85-19. Reaistered Land Survey - Everest Investments II Council was referred to registered land survey for the Everest Investments II property (1275 Red Fox Roadl. Miller reported that he has reviewed the registered land survey and finds it dimensionally in conformance with the preliminary plan filed with ~ the City on 11/1/8S; noted that it also conforms to the final plat of Northwoods. Miller explained thet the County has required the registered land survey instead of a metes and bounds description. Sather moved, seconded by registered land survey as thereof by the Mayor and unanimously. Hansen, that Council approve the submitted and authorize execution Clerk Administrator. Motion carried CABLE COMMUNICATION ADVISORY COMMITTEE Recommendation to Accept Eauipment ProDosal Presented bv Cable Administrator. Addina Audio Components and Switcher Sather referred Council to the minutes of the Cable Communications Citizens Advisory Committee meeting of February 13, 1986 and attached equipment list; reported that the committee recommends that Council accept the equipment proposal presented by Cable Administrator Bootsie Anderson, which includes two cameras, two VCR's, two tripods, soft-Sided equipment carrying cases, two battery packs and chargers. Sather reported that, in addition, the committee recommends the inclusion of the audio component and switcher. Sather noted that $SOO was budgeted in 1986 for equipment, reported that $80,000 has been allocated by the North Suburban Access Corporation for television equipment for the ten cities (about $6,043 - Arden Hillsl, noted that if some cities elect not to request equipment, their shares may be available to be divided among the other cities. It was noted that switchers can cost anywhere from $200 to $2,SOO; can be added later. Sather moved, seconded by Hansen, that Council approv. the equipment purchase as recommended by Cable Administrator Bootsie Anderson; switcher to be purchased from any excess funds whiCh may be available, should some cities elect to not participate in the distribution of funds allocated for equipment, 1986 budgeted funds to be used to upgrade audio and to purchase lighting. Motion carried unanimously. (4-01 Appointment of Peter Martin as Committee Member Hansen moved, seconded by Sather, to ratify the Mayor's appointment of Peter Martin as a member of the Cable Communications Citizens' Advisory Committee for the balance of 1986. Motion carried unanimOUSly. (4-01 ~ REPORT OF VILLAGE TREASURER DONALD LAMB 2/14/86 - $283,327.74 at Twin City Federal at 7.8SX interest, to mature 8/28/86. Hicks moved, seconded by Hansen, to ratify the investments by Minutes of Regular Council Meeting, February 24, 1986 Page 5 Treasurer Donald Lamb. Motion carried unan~mously. (4-0) REPORT OF VILLAGE PUBLIC WORKS SUPERVISOR ROBERT RADDATZ Bids for 1979 Council was $3,950.00. $4,500 sale consummated. Truck referred to list Raddatz reported price authorized of 8 bids received; high bid' that since all bids were below by Council, the truck sale was was the not . Raddetz truck, input offer. reported that he has received an offer of $4,500 for the received after the bid opening. Raddatz asked Council's a. to whether he should re-advertise, or accept the $4,500 Council concurred authorized Raddatz $4,500; if bidder Raddatz to accept opening. that all bids received be rejected, and to first offer the truck to the high bidder at doe. not want it at that price, authorized the $4,500 offer received subsequent to the bid Sewer Backue Problem Raddatz reported that a sewer backup claim for damages has been denied by the City's insurance carrier. Raddatz said he referred the claim for damage. to the Public Safety/Works Committee for it. recommendation.; reported they recommend not paying the claim. Raddatz explained that the rationale was that there was no evidence of neglect on the part of the City, (lines are maintained routinely); payment of claim would set a precedent. Woodburn read provi.ions from State Statute. which determine. the basis for City's liability. Sather described municipality, but he feels the claim a damage claim that had been denied by a was later awarded damages by the Court; stated should be paid. After discussion, Hicks moved, seconded by Hansen, that Council deny the claim because the damages were not caused by the City'. neglect of Sewer maintenance. Motion carried (Hicks, Hansen, Woodburn voting in favor of the motion; Sather voting in opposition). (3-1) Aeeroval of Serina and Council was referred project list. Summer Park Maintenance Personnel to Buckley's memo (2/20/86) end attached Sather summarized the various park and trail projects which should be completed before the ~rowing season begins; reported that Buckley recommends the continued employment of Kevin Fuller through the spring and summer; explained that if the two 1985 summer employees are available, Buckley anticipates a fourth summer employee willQot be needed. McNiesh reported that Buckley said the proposed spring/summer personnel, as described in his memo, will be within the budget. . Sather moved, seconded continued employment of carried unanimously. (4-0) by Hicks, that Council authorize the Kevin Fuller, at $5.50 per hour. Motion Lexinaton/694 Bridae Widenina/Pedestrian Way Council was referred to McNiesh's memo (2/21/86) and to Woodburn's Resolution No. 86-13. McNiesh explained that the County Public Works Committee will be considering the financing of the bridge widening and pedestrian way on March 17, and it will go to the County Board on March 24. Woodburn reviewed previous Council action to not participate; Minutes oz Regu~ar Counci~ M~eting, February 24, 1986 Page 6 noted that the majority oz Council ze~t that the zunding oz the project vas inappropriate~y directed to municipa~ities zor vork on county and state roads. Counci~ considered Reso~ution MODIFICATION OF COUNTY OF MUNICIPALITIES AND AUTHORIZING 694/LEXINGTON BRIDGE/PATHWAY No. 86-13, RESOLUTION REQUESTING RAMSEY COST SHARING POLICY BY PAYMENT OF ARDEN HILLS' SHARE OF Counci~ reca~~ed the projected cost oz the project at $1.2 mi~~ion more or ~essl noted that it seems inappropriate and vastezu~ to tear up Lexington again - project shou~d have been incorporated in the Lexington Avenue Improvement vhich vas recent~y comp~eted. Necessity zor the bridge/pedestrien yay project at this time vas . queried. It vas noted that the project cost is proposed to be apportioned 90X Federa~, 8.1X State and the ba~ance municipa~ities (1.9X)1 apparent purpose oz the project is to provide greater bridge c~earance zor trazzic on 1-694. Azter discussion, Counci~ concurred to invite MnDOT District Engineer Kermit McRae to the March 10 Counci~ meeting to exp~ain the need zor the bridge expenditure. Leaaue oz Minnesota Cities Reauest re State Budaet Cuts Council vas rezerred to request zrom Leegue zor assistance in convincing the Legis~ature oz the severity oz the governor's recommended cuts to cities. McNiesh asked Council's input on the areas Arden Hi~ls vou~d help. Counci~ generally concurred to he~p vith. ca~~ing/vriting legis~ators vorking vith the press inzorming City emp~oyees oz the problem OTHER BUSINESS Ham~ine Avenue Improvement Sather expressed concern re the the Hamline Avenue matter at motion to reconsider a previous by a dissenting member. manner in vhich Council dealt vith the February 3 meetingl zeels the motion shou~d rightzully have been Woodburn said it is his understanding that any member can make a motion, iz it is a nev .ession, vhether or not the motion rescinds a zormer motion. Woodburn said any suspected procedura~ errors vhich can and possibly do occur should be brought up et the time the error is made, so it can be rectizied. Board oz Appeals Appointment Hansen moved, seconded by Sather, to ratizy appointment oz Don Evane-as a member oz the Board oz the balance oz 1986. Motion carried unanimous~y. (4-0) the Mayor's Appeals zor REPORT OF VILLAGE.CLERK ADMINISTRATOR CHARLOTTE MCNIESH Cable TV Camera Operator Volunteers Council vas rezerred to McNiesh's memo (2/21/86) inzorming Counci~ oz zour camera operator volunteers, noting al~ vould have to take the Group W camera course at $5.00 eech. Hicks moved, seconded by Sather, that Council authorize the $20.00 zee to send the zour vo~unteers to camera c~ass. Motion carried unanimously. (4-0) . City Clerks Conzerence Sether moved, seconded by Hicks, that Counci~ approve McNiesh's attendance at the Merch 19-21 C~erks Conzerence and authorize the $90.00 conzerence zee. Motion carried unanimous~y. (4-0) Apportionment Reso~utions. Reilina/Everest Investment II Hansen moved, seconded by Hicks, that Counci~ adopt the zol~owing Apportionment Reso~utions. . . . Minutes of Regular Council Meeting, February 24, 1986 Page 7 No. 86-10, Impr. ST 81-2, Storm Drainage No. 86-11, Impr. W67-1 and 67-2, Water No. 86-12, Impr. 83-2, Red Fox Road Sewer Motion carried unanimously. March Council Schedule March 10 and March 31. Claims and Payroll Sather moved, seconded and Payroll as submitted. by Hicks, that Council approve the Claims Motion carried unanimously. (4-0> Adiournment Hansen moved, seconded by Hicks, that the meeting adjourn at 9150 p.m. Motion carried unanimously. (4-0> ~ Charlotte McNiesh Clerk Administrator Notice of Meetine The next Regular Council 1986, at 7130 p.m. at the ~4..~!..P?7-L'~-E:Y.J-=- --- Robert L. Woodburn Mayor Meeting will be held on Monday, March 10, Village Hall.