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HomeMy WebLinkAboutCC 06-25-1984 ~ MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, June 25, 1984 - 7:30 p.m. Village Hall Ca II to Order Pursuant to due cal I and notice thereof, Mayor Woodburn called the meeting to order at 7:34 p.m. . Roll Call Present - Mayor Robert Woodburn, Councllmembers Dale Hicks, Michael Christiansen, Thomas Mulcahy, Kathleen Rauenhorst (8:15 p.m.>. Absent - None. Also Present - Attorney James Lynden, Engineer Donald Christof- fersen, Treasurer Donald Lamb, Cable TV Committee Chair- man William Bauer, Clerk AdminIstrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm Approval of Minutes Hicks moved, seconded by Christiansen, that the Minutes of the Councl I Meetings of June 11th and June 20th be approved as amended. Motion- carried unanimously, with Mulcahy abstaining on the approval of the June 11th Minutes because of his absence from that meeting. (4-0-1 and 5-0> BUSINESS FROM THE FLOOR None. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Resolution No. 84-18, Approving Cable Communications Offering Amendment Agreement No. I and Authorizing Mayor and Clerk Adminis- trator to Execute the Same on Behalf of the City. Ordinance No. 233 - Amending Ordinance No. 226, Cable Communica- tions Ordinance, by Altering the Provisions Therein Relating to Channel Capacity, Two-way Capacity, Facilities, Special Channel and Access Requirements, Construction Completion Date, and Rate Change Procedure. ' Council was referred to draft of Resolution No. 84-18, and to draft of Ordinance No. 233. Wm. Bauer explained that ~ channel chart wi II be forthcoming for attachment Which will list channels 2 through 16. Lynden suggested that paragraph 4 of the Resolution be modified to add "and that a channel chart should be attached as Appendix 3." . Lynden recommended approval of the Resolution and Introduction of the Ordinance by title; noted that Councl I can waive the 1st reading If there Is an urgency. Bauer stated that there Is no urgency; does not affect service or construction. Council was referred to page A-5 (0) Group W's financial goals and the methodology to arrive at such goals. Bauer explained that some of that language developed around the proposal to act~- vate the second cable, If and when It became necessary, and/or desirable. Bauer noted that there were al I sorts of trigger mechanisms discussed; al I sorts of discussion of language, to try to ascertain what sort of a rate Increase - the basic bargain was, If the second cable were activated, they should be able t~ have an Immediate rate Increase to be able to recoup that In- vestment; additional franchise language was worked on to Identify and quantify what that rate Increase would be. Creighton decided that the existing rate change language, and rate of return pro- visions In the franchise, has provided an adequate basis with these amendments, for determining how much of a rate Increase would be obtainable If the second cable were actIvated, or for any other major change In the system. . Minutes of Regular Council Meeting Page two June 25, 1984 Mr. Roger Franke, Cable Administrator, said that the concern of the accountant was that Group W might look to this system as a unique system, and therefore look for a unique way of arriving at certain goals that are unIque to this system only. The accountant suggested that some language be put In that says "If the Company has a goal of a certain return on Investment, what they do here must be consistent with what they do other places.~ e.g. If a cable company has a style of Increasing subscribers, of going out and buying smaller and newer systems, and then as soon as the tax advantages are gone, they sell them to some- body else. Franke said he Is not criticizing this practice, but that's what they do. They'll look for and buy systems for this purpose. Group W/Westlnghouse has another approach. We are not sure what It Is, but when the time comes for rate changes, we'll expect them to tell us, and show us, that It Is consistent with . the other cable activities that they have In the United States. Franke explained that our goal was that we are not treated differ- ently in the north suburbs than the other service territories they provl de. Hicks moved, seconded by Woodburn, that Councl I Introduce Ordi- nance No. 233 by title, AN ORDINANCE AMENDING ORDINANCE NO. 226, THE CABLE COMMUNICATIONS ORDINANCE, BY ALTERING THE PROVISIONS THEREIN RELATING TO CHANNEL CAPACITY, TWO-WAY CAPACITY, FACILITIES, SPECIAL CHANNEL AND ACCESS REQUIREMENTS, CONSTRUCTION COMPLETION DATE, AND RATE CHANGE PROCEDURE. In discussion, Mulcahy asked If approval of the Ordinance or Resolution affect the City's rights for breach of the original agreement. Bauer answered "Yes"; said that one of the provisions of the Agreement Is to waive penalties and sanctions that might have accrued since November 12, 1983, and until November 12, 1984 (one year's worth of sanctions); noted that It contains many other provisions that reduce Group W's commitment to provide service; to that extent, It drastically changes Commission's ability to enforce the original c9ntract. Mulcahy stated that, on that basis, he is opposed t6 the motion. Woodburn noted that there Is a $150,000 Indemnification, in lieu of penalty. Lynden noted that this $150,000 is not an advance on past or future franchise fees. Bauer said he has been told that Group W does not like the word "fine" or "sanction"; they'd rather make a lump-sum payment In exchange for othe~ things, In addition to waiver of fines; stated that the $150,000 Is not speci- fically Identified as "In lieu of fines" or "other sanctions". We would be agreeing not to fine them If this motion Is passed. Motion carried (Hicks, Christiansen, Woodburn voting In favor of the motion; Mulcahy voting In opposition). (3-1) No action was taken on Resolution No. 84-18. Cable TV Complaint re Overhead Cable Lines - Cost Estimates to Relocate Lines Councl I concurred to defer action untl I Mr. Taylor can be present. REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN . Feasibility Report, Impr. No. SS-W-P-ST 84-1, Royal Hills North - Resolution No. 84-19 Council was referred to Feasibility Report (6-21-84) and to letter supplement (6-25-84) on Royal Hills North Addition, City Improvement SS-W-P-ST 84-1. Christoffersen explained that the report shows the streets and utIlities In the development; noted that we have to obtain a 30' wide strip of property for Arden View Drive r.o.w.; noted that the only other unusual thing Is the dralnageway near Snelling Avenue. Woodburn asked the required procedure, If the Council would think It equitable and reasonable to Include some lots on the north side of Arden View Drive In the assessment; we then do not have a 100% . Minutes of Regular Councl I Meeting Page th ree ' June 25, 1984 . petition for the Improvement. McNlesh explained that If the Im- provement Is not 100% petitioned, Councl I action would be to receive the Feasibility Report and provide for a Public Hearing; at that Public Hearing the Councl I mayor may not order the Plans and Specs. McNlesh explained that the only other public hearing required Is the Assessment Hearing. Christoffersen said the cost estimate does Include the portion of Arden View Drive that has to be re-bullt. Mayor Woodburn asked if the major petitioner feels the 511,520/10t cost Is considered acceptable. Christoffersen said he talked to the petitioner today, and he thought this is a reasonable number; reported that he did bring to his attention that he did not Include the 7 lots north of Arden View Drive (reason for the supplement ton I ght). George Reiling (owner of property to the north of Royal Hllis North Addition) verified that he would not petition for the Improvement; stated that he wi I I give the land only If he Is not to be assessed for street, sewer and water. Woodburn noted that it Is his understanding that It was determined previously that the value of the assessment Is In excess of the value of the land; therefore the need for condemnation. Lynden reported that he was advised that Counci I authorized condemnation . for the road on Feb rua ry 13th. Christiansen moved, seconded by Mulcahy, that Councl I adopt Resolution No. 84-19, Receiving Report and Providing for Public Hearing (Monday, July 30th). Motion carried unanlmousiy..:-(4-0) (Rauenhorst arrived whl Ie vote was being taken) Resolution No. 84-20, ApprovlnQ Plans and Specifications and OrderlnQ Advertisement for Bids, Impr. No. SS-W-P-ST 84-2. Lamettl Addition Christiansen moved, seconded by Hicks, that Council .adopt Resolution No. 84-20, APPROVING' PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPR. NO. SS-W-P-ST 84-2, LAMETTI ADDITION. Motion carried unanimously. (5-0) (Bids to be opened at 2:00 p.m. on August 9,1984 at the Village Hall. ) Karth Lake Water Level Christoffersen reported that In 1974 the lake elevation was 929.8; later on in July, 1977 It was 929.7; In June 1978, during con- struction, the level was 931.27. Christoffersen noted that these were the only substantial high elevations he could find. Christoffersen reported that Bob Todd's letter Indicates the elevation Is at 936 now; noted that the weather bureau reports 18" precipitation this year; 11.9" Is considered normal. noted that the lake has bounced 2-3 feet and has not gone back down. . Christoffersen noted that if the lake Is to be pumped, the maxi- mum amount of pumping that we could achieve would be 1000 gpm - water would be pumped to a high point In the street and water would then run down the gutter lines to catch basins; the closest catch basin Is a few hundred feet down the street. Christoffersen figured, at 1000 gpm, It would put about 2" of water In the street (curbs are about 4" high). To pump 6' 111000 gpm would take about 20 days; 3' about 10 days. Christoffersen recommended that DNR be contacted re a permit for the temporary pumping, and also advise RCWD. Christoffersen said the water from the lake will be relatively clear; wil'l be dis- charged to the north side of Highway 96 to Marsden Lake and then to Rice Creek. Christoffersen advised that a generator would be Minutes of Regular Councl I Meeting Page four -. June 25, 1984 used, and It Is noisy - will be hea~d 24 hrs/day; noted that the alternative would be service from NSP, which could be a 6-week walt. A resident said their spokesman Is not here yet; he has Information relative to the high and low water levels of the lake; residents consider the pumping a short-term solution to save some of their property; are looking for a long-term solution to maintain lake at a certain level - a level we can all agree upon. Christoffersen advised that the DNR wi II establish the level; residents wi II not have that option. Keith Enrooth (spokesman for the Karth Lake residents) arrived at the meeting, and Christoffersen summarized the lake level and pumping data given earlier In the meeting. Johansen referred Councl I to estimated pump costs obtained from three companies; noted they are rough estimates, nothing concrete- were obtained over the phone; stated the costs would probably not exceed the maximums quoted. . In answer to a resident's question as to the location of the pump- Ing site, Christoffersen Indicated the anticipated pumping loca- tion on Karth Lake Drive, from which the lake water would be discharged Into the gutters at a rate of 1000 gpm to the nearest catch basins; noted the water wi II be running down the street ~4 hrs/day; generator noise will be heard 24 hrs/day for about 8 days, If lake Is to be lowered li-2 feet. Christoffersen traced the route of the water from the Karth Lake Drive location to Its eventual discharge Into Rice Creek. Some of the concerns expressed by residents present were: - anticipated run-off from Lexington Avenue Improvement; will It Increase over what It was before? - anticipated run-off from Hamllne Avenue when road Is up- graded? - why doesn't Kar~ Lake have an outlet? - some of the riparian landowners now have portions of their previously dry land under water. ~ - trees are in Jeopardy. Christoffersen responded to the run-off questions; explained the storm drainage routes northwest and south of the Karth Lake District which Is through storm sewers and then via surface drainage north to Marsden Lake and Rice Creek - west across Hamllne and then surface drainage to Round Lake, south to County Road F ~ and then surface drainage to Valentine Lake. Christoffersen explained that the Karth Lake District drains Into Karth Lake which Is an Isolated body of water that does not have a direct outlet. Christoffersen explained that a direct outlet for Karth Lake was not anticipated because the storage capacity of the lake was con- sidered to be sufficient to store all of the drainage from Its relatively small tributary area; noted that a 100 year storm could bring It upA4"; reported that the trees were not taken Into con- sideration, only the houses. Christoffersen explained that lake level control can be achieved by Installing a storm water pumping station and forcemaln which would discharge flows Into Marsden Lake District; this permanent . outlet would probably Involve an area assessment and approval by DNR. Enrooth ~eported that the matter of assessment was discussed at their meeting; some agreed to an assessment and others did not - feel they are already paying high taxes. Rauenhorst moved, seconded by Mulcahy, that Councl I authorize the pumping of Karth Lake, lowering the lake level 18" at a cost not to exceed $4,000. Minutes of Regular Council Meeting Page five June 25, 1984 In discussion, Christiansen suggested that the DNR be contacted for approval. A resident suggested that the storm sewers should be raised; noted they are under water now. Christoffersen explain- ed that storm sewers wi II function under water. Enrooth reported that Paul Chadbourn, 1220 Karth Lake Drive, suggested that the pump and generator could possible be located on the vacant lot next door to him (would need an easement from owner) or can use his p rope rty . Mulcahy suggested that Councl I proceed with the pumping as soon as possible; delay can be extremely serious. It was suggested by Hicks that the pipes not be removed when lak.e Is lowered 18", pend- Ing response from the residents at that time. , . Rauenhorst amended the motion to notify DNR of the City's Intent to pump Karth Lake because of the emergency. Mulcahy agreed to the amendment. Motion, as amended, carried unanimously. (5-0). It Is Councl I 's understanding that costs exceeding $4000 wi II be paid by the Karth Lake residents. Hicks noted that he supported the motion, but Is not wi I ling to spend City money to pump It again; feels citizens should be prepared to bear the cost of solving the problem on a long-term basis. A resident asked If City has sufficient hydrological Information as to what the lake wi II be over the next 10 years; noted this 'can be predicted If we have enough data. Christoffersen noted that the ground water may also be rising. Rauenhorst moved, seconded by Christiansen, that Councl I refer the permanent solution of the ~arth Lake water level to RCWD and DNR, with In-put from Engineer Christoffersen. Motion carried unanimously. (5-0) (Karth Lake residents said they plan to form an association.) REPORT OF VILLAGE TREASURER DONALD LAMB In vestmen t 6/18/84 - $202,016.67 at First Federal 8 11.85% Interest for 6 months, maturing 12/18/84. Christiansen moved, seconded by Rauenhorst, that Councl I ratify the Treasurer's Investment. Motion carried unanimously. (5-0) Approval of Swlmmlnq Instructor Council was referred to Buckley's memo (6/21/84). Hicks moved, seconded by Rauenhorst, that Councl I approve the hiring of Tracy Overmoen as swimming Instructor, as per memo. Motion carried unanimously. (5-0) Approval of Arden Oaks Park Gradlnq Councl I was referred to Buckley's memo (6/22/84) and to attached memo from Planner Orlyn Miller (6/15/84) relative to re-gradlng of the Arden Oaks Park site to a lower elevation. . Rauenhorst moved, seconded by Mulcahy, that Council approve the change of grade as recommended by Planner. In discussion, concern was expressed relative to changing grade from the approved plan, without contacting residents in close proximity of the park, and at least the Chairmen of the Parks and Planning committees. Hicks meved to amend the motion to refer the proposed grading to the chairmen of the Parks Committee and Planning Commission for recommendations to Council, and to defer Councl I action until the July 9th meeting. Amendment was agreed to by Rauenhorst and Mulcahy. Motion, as amended, carried unanimously. (5-0) Inquiry re Antennas on Water Tower Councl I was referred to Planning Memo (6/14/84) relative to possible Minutes of Regular Councl I Meeting Page six June 25, 1984 request for construction of telephone transmission tower (New Vector Communications). In discussion, Councl I comments were: Rauenhorst - would like to listen to the presentation; seems preferable to a separate tower. Hicks - would want to see a reasonable financial advantage to the City, If water tower Is utilized. - feels the City does not legally have to accept another tower. McNlesh was requested to contact Mr. Vince Sedmark, representing . New Vector Communications and relay response by Individual Councllmembers to his Inquiry. Mulcahy Committee Resignation and Appointments Finance Committee At the recommendation of Finance Committee Chairman Carl Rundquist, Councl I concurred to make no new appointments to the Finance Committee until 1985. Rauenhorst moved, seconded by Mulcahy, that Councl I accept, with regret, Lee Starr's resignation from the Finance Com- mittee. Motion carried unanimously. (5-0) (Certificate of Appreciation to be prepared.) Cable Communication Advisor Committee Resl nation auenhorst moved to accept Mark ottinger s resignation from the Cable Communication Advisory Committee, with regret. Motion was seconded by Christiansen and carried unanimously. (5-0) . Human Rights Commission Deferred appointments to the next regular meeting. OTHER BUSINESS Councl I Resignation Councl Imember Christiansen presented Council his letter of reslg- nation from the Council effective August I, 1984. Mayor Woodburn expressed Council's very deep-felt sense of loss that Christiansen Is leaving Arden HI I Is. Rauenhorst moved, seconded by Hicks, that Councl I accept Chris- tiansen's resignation from the Councl I effective August 1st. Motion carried. (4-0-1, Christiansen abstained.) REPORT OF CLERK ADMINISTRATOR CHARLOTTE MC NIESH Claims and Payrol I Councl I was referred to lists of Claims and Payroll. . Hicks moved, seconded by Christiansen, that Council approve the Claims and Payroll, as submitted. Motion carried unanimously. (5-0) July Council Meeting Schedule Council concurred that Council meetings be scheduled on July 9th and July 30th. Utility Bill Notice Councl I was referred to draft of Notice of Rate Increase to be s e n t with J u I y u t II I t Y b I I Is. . . , . Minutes ot Regular Co~ncl I Meeting Page seven June 25, 1964 Council concurred with the notice as submitted. Adjournment Hicks moved, seconded by Christiansen, that the meeting adjourn at 10:02 p.m. Motion carried unanimously. (5-0) (l;~;;l!/LL Charlotte McNiesh Clerk Administrator &~.J~k~~ , Robert L. Woodburn Mayor NOTICE OF MEETING The next Regular Council Meeting wi II be held on Monday, July 9, 1984 at 7:30 p.m. at the Village Hall. """ . . ADDENDUM TO COUNCIL MINUTES OF June 25, 1984 Request for Joint Powers Aqreement with City of Shorevlew to Furnish Utilities for MnDOT Facilities on County Road I Counci I was referred to letter from MnDOT (6/22/84. Paul Jensen, Building Engineer, MnDOT Transportation Building, reported that about three weeks ago the arsenal sewer main collapsed, and the arsenal Is abandoning the I ine; reported that no arsenal buildings are connected to this main. Jensen explained that the only reasonable option they have Is to connect to the Shorevlew sanitary sewer on County Road I at Schutta Rd. advise~ that there Is a 9" sewer main and an 8" water main which are quite convenient - about a 700' run. Rauenhorst moved, seconded by Christiansen, that Councl I author- Ize the City attorney to prepare a Joint Powers Agreement between A~den Hi I Is and Shoreview for the provision of sanitary sewer and municipal water uti litles to the MnDOT facilities on County Road I by the City of Shoreview. Motion carried unanimously. (5-0 ) It was noted by McNlesh that Shoreview has Its own wel Is and have different water and sewer rates from those of Arden Hi I Is. (It was the general concensus of Councl I that permits and in- spections be by Shorevlew, billing by Shorevlew directly to MnDOT, without the involvement of Arden HI lis, and that MnDOT reimburse Arden Hi lis for Arden Hills attorney costs.>