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HomeMy WebLinkAboutCC 08-27-1990 ., MINUI'ES OF THE ARDEN HILLS Im;UIAR COUNCIL MEETING AUGUST 27, 1990, 7:30 P.M. - CITY HALL CALL 'IO ORDER Pursuant to due call and notice thereof, Mayor sather called the meeting to order at 7:30 p.m. . ROLL CALL 'Ihe roll being called the following members were present: May= 'Ihomas sather, eouncilJnembers Paul Malone, JoAnn Growe and 'Ihomas Mahowald. eounciJ.member Nancy Hansen a=ived at 7:35 p.m. Also present: En;jineer Mark Graham, Attorney Jerry Filla, Public Works SUperVisor Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. AOOP!' REVISED AGENDA C01.U1Cil W<lS referred to a memorandum from the Clerk Administrator dated 8-27-90, regarding two additional agenda items: 1. Item 5 (b) : 2. Item 6(a): Letter from Rudolph Vierath on Vehicle Parking on Harriet Avenue. Letter from Q1arles Roach re;rrrding assessment on Oak Avenue Irrprovement. Mahowald moved, seconded by Malone, to adopt the Revised Agenda for the 8-27-90 C01.U1Cil Meeting, with the two additional items outlined in the Clerk Administrator's memorandum dated 8-27-90. Motion carried unanimously. (4-0) APPROVE MINUI'ES Growe moved, seconded by Mahowald, to approve the August 13 Co1.U1Cil Minutes as su1:mitted. Motion carried unanimously. (5-0) . CDNSENT Attorney Filla advised that Item 4 (d), Adoption of CALENDAR ordinance No. 269, under the Consent Calerrlar be amended to refer to Sections 2.90 through 2.93, rather than Sections 4-1 through 4-4 in the title and text of the document. . Malone moved, seconded by Growe, to adopt the Consent Calerrlar, amending Item 4 (d) to refer to Sections 2.90 through 2.93, rather than Sections 4-1 through 4-4 in the title and text of the document, and authorize execution of all necess<lty documents contained therein: a. Acknowledge Resignation from Finance committee Member. b. Approve Clerk Administrator Attendance at IOlA National Conference. c. Approve Partial Payment to Allied Blacktop f= Sealcoat Project. d. Adopt Ordinance No. 269, Establishing Al:sentee Ballot Precinct at city Hall. e. Approve List of ClaiIns and Payroll. Motion carried una.rrilnousl y. (5-0) PUBLIC o:::t1MENTS INVITATION; NEIGHBORHCOD MTG. Sro-IE AVENUE council was referred to a letter from Q1ar Willnar, 1894 stowe Avenue, dated 8-22-90, extending an invitation to C01.U1Cil1nembers to attend a neighb:Jrhood meeting on Wednesday, August 29, at the Lake Johanna Fire Station l=ated on New Brighton Road. Q1ar Willnar explained the meeting is scheduled for 7:00 p.m., for the purpose of discussing residents' growing concerns re;rrrding the corx:lition of stowe Avenue and resolution to safety and deterior.:.tion problems. She noted Ramsey County officials have been invited to attend, since stowe Avenue is a County roadway. . Minutes of the Arden Hills Regular Council Meeting, 8-27-90 Page 2 . Mayor Sather advised he will be in atten:Jance and encouraged Council1nembers to participate. - Char wi1lnar thanked the Council for their time and attention. SI'OWE AVE. (Cont'd) PARKING ; HARRIEr AVENUE Council was referred to a letter from Mr. & Mrs. Rudy vierath, 1169 Benton Way, dated 8-27-90, relative to parking problems on Harriet Avenue between Pine Tree Drive and I.exin;ton Avenue. Mr. and Mrs. Vierath did not appear at the meeting to address this matter. After discussion, Council concurred to direct staff to review the parking problems along Harriet Avenue, contact the apartment manager and request tenants be notified of the City parking requirements and direct them to park in the parking lot of the complex, and forward a letter to the Vierath's outlining steps taken to resolve the problem. Council further requested staff report on this matter at the next regular meeting. Councilmernber Malone stated he observed parking on Grey Fox Road and requested staff review the parking along this street. . Public Works SUpervisor Winkel advised both Grey Fox and Red Fox Road will be posted with "no parking" signs in conjunction with the signalization of the two intersections at Lexington Avenue. Malone noted the parking problem continues further west of the intersection, near the Eastside Beverage building. Council directed staff to review the parking problems on Grey Fox Road. PuBLIC HEARING OAK AVENUE; ASSESSMENTS , IMPRVMI'. gr-89-2 Mayor Sather opened the meeting at 7:40 p.m. for the purpose of a public hearing on the proposed Assessment for the oak Avenue storm Sewer Irrq::lrovement No. gr-89-2. Clerk Administrator Berger verified the publication of the Notice of Hearing in the New BriQbton Bulletin on Wednesday, August 8, 1990, and mailed to affected property owners the same date. Berger briefly outlined the history of the storm sewer installation on oak Avenue and explained the project initially handled by the engineering firm of SEH. Mayor Sather referred to a letter from the current city Engineer Terry Maurer and Engineer Mark Graham, dated 8-21-90, and asked Engineer Graham to review the discrepancies found in the assessment roll in terms of benefitted property and area to be assessed. . Engineer Graham explained that the firm of SEH pr<=pared the preliminary assessment roll for this project and the information was presented to the City Council as part of a feasibility report for the initial public hearing on the proposed assessment roll. After review of the area, Graham fourrl some discrepancies relating to the property area proposed to be assessed and the actual area that cxmtriOOtes to storm water runoff. He outlined the discrepancies for Council, as per the letter. . Minutes of the Arden Hills Regular Council Meeting, 8-27-90 Page 3 PUB. HRING. (Cont'd) Mayor Sather noted four (4) objections to the proposed assessment were received fram residents and questioned if the Engineer had found discrepancies relating to those parcels of land. 'lhe Engineer advised three property owners objecting to the proposed assessments are addressed in the letter; explained discrepancies were fourrl on eight parcels. Graham outlined three options for Council =nsideration prior to adoption of the assessment roll. 'lhe first option would be to adopt the assessment roll as it =ently exists, without changing any of the assessable areas for any properties. 'lhe second option would be to have the city absorb any reduction in the assessment, after adjustment of the properties listed in his report. He stated the total reduction in assessments would be $4,880.81. The third option would be to rp"",sess the remaining properties the total assessable cost, which would require re-initiating the notice and hearing process as the assessment rates would be higher than those in the first mailed notice. Council1nerober Maho.vald questioned if Graham =ld determine the rationale for the fonner city Engineer's calculations of the properties listed in the assessment roll. Graham stated he did not have sufficient information to justify the preparation of the initial assessment roll nor the opportunity to discuss the area assessments with the fonner engineer. Attorney Filla asked if the Engineer has addressed the objection from Dr. Roach regarding his property at 1628 oak Avenue. . Graham explained the assessable area calculated f= the Roach property, 0.51 acres, appears to be appropriate; the objection does not specify the asses"'''hle area, oru.y that the property owner objects to any assessment for the improvement. Mayor Sather asked for =nents fram the floor either in favor of = opposed to the proposed assessment. . Pete Duddleston, 1587 oak Avenue, questioned if the assessment is proposed to save a residential driveway. He stated objection to the assessment based on the fact it appears the project was initiated to co=ect erosion problems for a single residential driveway. Attorney Filla explained that the linprovement was initiated to ==ect water drainage problems in this area, which is a public =ncern, and the drainage happens to flCM in the area south of a driveway surface and causes erosion. He stated it is no different than if the storm water fla..red on the City street across Duddleston's driveway and caused erosion. Duddleston displayed photcgraphs of water runoff problems on his property and stated he will request city assistance to eliminate the problem. He explained he has had discussions with fonner May= Ashbach regarding the =nstruction of the home and driveway on oak Avenue which is experiencing erosion problems. Duddleston reported the CounciJ.rnembers at that time had expressed concerns regarding the =nstruction of the home and driveway at that location. Attorney Filla =nnented that due to the time-frame he is unsure as to how this matter was addressed or 1Nhether any agreements were negotiated with the property owner to pay for costs. He noted it would appear residents were aware of storm drainage problems in this area at the time of the home =nstruction. Minutes of the Arden Hills Regular council Meeting, 8-27-90 Page 4 . PllB. BRING. (Cont'd) The Attorney explained this is a public problem, and the properties =ntriJ:::uting to storm water runciff are asked to participate in the cost of the i1nprovement. Filla point out that a=rding to the Engineer's review of Duddleston's property, part of the land drains into the affected area. Duddleston advised he will forward a request to the city to assist with the drainage problem which occurs on his property. John Rogers, 1574 Oak Avenue, stated he prefers the reduced assessment rate for his parcel of land. Doug Vanderheiden, 1655 Oak Avenue, read a statement of objection to the prop:>sed assessment and stated his opposition to paying to fix a problem caused by a property owner building on low land. Attorney Filla stated that all persons stating objections to the proposed assessment must also file a written objection if they wish to retain the right to appeal the assessment to District Court. Don and Ginny Erickson, 1611 Oak Avenue, expressed objection to the proposed assessment and would appreciate Council =nsideration of the reduced assessment rate outlined by Engineer Graham. He recalled fonner Mayor Ashbach stating when the home was =nstructed where the driveway erosion occurs, the property owner assumed. all responsibility for water runoff. Erickson questioned the original cost of the assessment at $12,000.00 to be split equally. . Mayor Sather advised the total cost of the i1nprovement was approxl:;nately $24,000.00 and the assessed portion would be $12,000.00. Brian Hecht, 1620 Oak Avenue, commented that the =ntractor did not complete the project properly; suggested the City defer final payment on the project until such t:i1ne as the project is properly completed. Clerk Administrator Berger stated he and the Attorney have discussed the settlement problem on the project with the fonner e!Bineering =nsultant, Barry Peters, and were advised the matter will be resolved. Mayor Sather asked if there were any further comments from the floor. There was no response and the public hearing was closed at 8:05 p.m. Councilmernber Hansen questioned if Engineer Graham =uld offer insight into the water a=nnulation problem at 1587 Oak Avenue, as displayed by Mr. Duddleston. . Graham advised he did not review that property in tenns of water accumulation and offered to do so at Council request. ColUlcilmernber Hansen questioned if the property title at 1680 Oak Avenue could establish responsibility for the curr€nt property owner to restore the driveway. Attorney Filla stated he does not believe the property owners are responsible to take care of this erosion problem; the Albjerg's property does not front on Oak Avenue and easement rights were granted for access. He irrlicated the alternative to eliminate drainage problems is to require each property owner to =nstruct ponding on their property to =ntain the storm water; this methcd would be costly or approxilnately the same cost as an assessment of this nature. . Minutes of the Arden Hills Regular council Meeting, 8-27-90 Page 5 PUB. HRING. (Cont'd) CounciJ1nember Malone commented the assessment appears to be fair anC' when residential property is developed it is the responsibility of the homeowner to share in the costs of the improvement in a=rdance with the amount of storm water runoff area the property =ntriJ::utes . Malone stated the area calculations from Erqineer Graham appear to be more reasonable and fair in comparison to previous calculations. He favored pr=eeding with the assessment of the improvement, based on the revised figures as provided in the MSA letter dated 8-21-90, in the amount of $7,178.29. council =n=ed and directed staff to fonvard the assessment roll as prepared by Maier stewart and Associates, for processing by Ramsey County. Malone moved, seconded by Hansen, to adopt Resolution No. 90-33, Adopting and COnfirming Assessments for Oak Avenue IIllprovements (sr-89-2). Motion carried unanimously. (5-0) CITY HALL SURVEY council was referred to a memorandum from the Clerk Administrator dated 8-23-90, regarding the revised city Hall Citizen SUrvey prepared by Decision Resources, Inc. Councilmember Malone suggested staff =ntact Bill Morris of Decision Resources to =nfirm if other cormnunities exclude =ntacting residents appointed to serve on city committees, employees of the city and elected officials. He preferred such residents l::e excluded. Malone also questioned the cost increase. . Clerk Administrator Berger advised originally the survey =nsisted of 50 questions and neM =ntains over 100 questions, which a=unts for the increased =st. councilmember Hansen =ncurred that elected officials and staff should not l::e =ntacted; was not opposed to committee members responding to the survey. council discussed rewording question #73, pertaining to future uses of the Arsenal property, and directed staff to =ntact Bill Morris with the revision. Maho.vald moved, seconded by GrcMe, that council approve the city Hall citizen SUrvey, as revised, authorized staff to =ntact Decision Resources to proceed with =nducting the survey, and directed staff to fund the project from Administrative a=unts' Motion carried unanimously. (5-0) REQUEST WAIVER; 60-DAY Wl'IITING PERIOD, IAWFUL GAMBLlllG council was referred to a letter dated August 21, 1990, from the Fish and wildlife Legislative Alliance, requesting waiver of the 60 day waitin:1 period for issuance of a terrporary gambling license for a raffle at Howard Johnson/McGuires Inn on September 22, 1990. Councilmember Malone advised the general intent of the provision in the City ordinance which states no waiver of the waiting period. will l::e considered was initiated to alleM council t:iJne to review IOn;J-term charitable gambling license applications, not onet:iJne events. He stated it does not appear a precedent will l::e established for yearly licenses if the waiver is granted in this instance. . . . . Minutes of the Arden Hills Regular council Meeting, 8-27-90 Page 6 WAIVER (COnt'd) Malone moved, seconded by Growe, to waive_ the 60 day waiting period for the Minnesota Fish and wildlife Legislative Alliance raffle application, to allow the organization to conduct a raffle on September 22, 1990, at Howard JohnsonjMcGUire's Inn, based on the application being for a onetbne event versus an armually issued permit for charitable gambling. Motion carried unanimJusly. (5-0) FINAL PAYMENT; BERGERSON CASWELL WELL ABANOONMENl' KEM MILLING SITE council was referred to a letter from Delta Environmental Consultants dated 8-10-90, relative to the final payment for Bergerson Caswell, well aban:iomnent at the Kern Milling site. Paul Gouderault, Delta, was present to review the information listed in the letter and recarnmerxlation for full payment in the amount of $18,391. 56, in a=rdance with supporting documentation for the cost reduction; bid amount $12,760.00 and total additional costs $5,631.56, for a total project cost of $18,391.56. He advised the additional costs were billed on a tbne and materials basis, as per agreement with Bergerson Caswell and council at the May 21 Worksession meeting. Gouderault up:'lated Council on the status of the contaminated soils renoval at the Kern Milling site. Malone moved, seconded by Hansen, to approve the final payment to Bergerson Caswell, Inc., in the amount of $18,391.56, for the well abandornnent project at the Kern Milling site. Motion carried unanimously. (5-0) AOOPI' 1990 CO\mcil was referred to a memorandum from the Clerk BUIX;Er Administrator dated 8-23-90, relating to adoption of the proposed 1990 Budget, scheduling two dates for public hearings on the 1990 Budget and adoption of the levy for 1990. Malone moved, seconded by Growe, to adopt the proposed 1990 Budget, as revised at the August 20, council worksession Meeting. Motion =ied unanimously. (5-0) Malone moved, seconded by Growe, to schedule two public hearings for the pw:pose of discussing the 1990 proposed l::!.ldget, the first to be held on November 19 at 6:00 p.m., at City Hall, and the second to be held, if necessary, on November 28, 1990, at 6: 00 p.m., at City Hall. Motion carried unani:rrousl y . (5-0) Malone moved, seconded by Hansen, to adopt Resolution No. 90-34, CLARIFYING PROPOSED SUMS OF MJNE'l 'IO BE LEVIED FOR LEVY YEAR 1990 PAYABLE ill 1991. Motion carried unanimously. (5-0) STA'IUS REPORr; council was referred to a memorandum frOlll the Clerk FlY PARKrNG FOLICY Administrator dated 8-23-90, relative to the status of the recreational vehicle parking survey and Planning Commission study of the parking ordinance pertaininq to this subject. Berger advised the Planning COnunission subcommittee is reviewing the parking requirements for recreational vehicles in conjunction with the study of the entire ZOnl.n; Code ordinance; the study should be ccnnpleted in December 1990. He explained the City is not actively enforcing the parking requirements for recreational vehicles unless a ccnnplaint is received. . Minutes of the Arden Hills Regular Council Meeting, 8-27-90 Page 7 PARKING (Cont'd) Joseph Vodonik, 1723 Glenview Avenue, requested eouncil =nsider more lenient restrictions for recreational vehicle parking an:i review other communities regulations on this matter. James Ross, 4029 Fairview Avenue, stated the current parkin;J regulations for recreational vehicles is far IlIOre restrictive than surrourrling COIlIII1lffiities. He suggested the complaint received by the city an:i hanUed by the Building Inspector was unfounded an:i requested the parking ordinance not be enforced until the subcommittee has completed their study. Council =ncurred that enforcement of the regulations will not be active unless a complaint is received. eouncil directed the Clerk Administrator to determine the nature of the complaint received regarding recreational vehicles an:i actions taken by the Building Inspector/Code Enforcement Officer an:i report to Council at a future meeting. Mayor Sather requested residents present to provide the Clerk Administrator with their names an:i addresses for notification on this matter when the committee has completed their study. Councilrnernber Malone advised the residents that discussion of the parkin;J regulations relating to recreational vehicles does not automatically indicate the current ordinance will be amended or the regulations will become IlIOre lenient. COUNCIL cx::MMENTS . RCUG MEEITNG CouncilInember Hansen reported the RCUG meeting will be held on 8-29-90; topic of discussion will be the proposed Ramsey County Home Rule Qlarter. CouncilInember Hansen requested a copy of the RCWD plan which was recently approved. RaID PIAN UPDATE; FINANCE <n-1MITI'EE & }ill;. RAIL MEEITNG eouncilInember Malone reported on the items which are currently being reviewed by the Finance Committee; water an:i sewer rates, surface water usage, =nsultant fees, street lighting an:i determining areas of water leakage which may be causing increased revenue for the city. Malone also reported on the Ramsey County Regional Rail Meeting. MISCELUlNIDUS CouncilInember Mahowald advised he will attend the stowe Avenue neighborhood meeting; suggested Attorney Filla be =ntacted to detennine if eouncilInembers will be in violation of the Open Meeting Law if all attend. . . . PURCHASE VEHICLES Council directed staff to determine if the City will be held responsible to purchase both vehicles from the City of New Brighton since Arden Hills was the highest bidder on both vehicles. Clerk Administrator Berger advised he will =ntact New Brighton an:i report to Council. . . . " Minutes of the Arden Hills Regular Council Meeting, 8-27-90 Page 8 SOIED. EVAllJATIONS; PUB. WKS. SUPERVISOR & CLERK ACMINISTRlI'IOR Clerk Administrator Berger advised performance evaluations are due for the Public Works SUperVisor an:i Clerk Administrator positions. Berger offered to =nduct the performance appraisal for the Public Works Supervisor position an:i forward the infonnation to Council for review. Council did not favor the Clerk Administrator conducting the evaluation. It was suggested the three administrative department heads may suhnit written comments, in the fonn of "peer" evaluation, when such appraisals are scheduled for Council review . Malone IlIOVed, se=nded by Hansen, that Council schedule the Clerk Administrator anrrua1 performance appraisal on Monday, September 10, at 6:30 p.m., an:i the Public Works SUperVisor annual performance appraisal on Monday, September 24, at 6:30 p.m., both prior to Regular Council Meetings, an:i directed the Clerk Administrator to forward to Council the necessary evaluation forms an:i advise the Administrative Department Heads that if written comments pertaining to "peer" evaluation are suhnitted, the infonnation will be reviewed by Council. Motion carried unanimously. (5-0) ADJOURN Mahowald IlIOved, se=nded by Malone, that the meeting be adjourned at 9:20 p.m. Gary R. Berger Clerk Administrator ThomasR.Sather Mayor NOl'ICE OF MEEITNGS There will be a meeting held on Monday, September 10, at 6:30 p.m., at city Hall, to =nduct the Annual Performance Appraisal for the Clerk Administrator. The next Regular Council Meeting will be held on Monday, September 10, at 7: 30 p.m., at city Hall.