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HomeMy WebLinkAboutCC 12-26-1995 I I .e MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING DECEMBER 26, 1995 I 7:30 P.M. - ARMY RESERVE CENTER I I CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular I City Council meeting at 7:31 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, I Paul Malone, Susan Keirn. Also present were: City Administrator, Brain Fritsinger; City Accountant, Terry Post; I Public Works Superintendent, Dwayne Stafford; Commnnity Development Director, Kevin Ringwald; MSA Consulting Engineer Terry Maurer; and Recording Secretary, I, Cathy Sorensen. ADOPT AGENDA I MOTION: Malone moved and Aplikowski seconded a motion to adopt the agenda for the December 26, 1995 Regular City Council meeting as presented. The motion I carried unanimously (5-0). APPROVAL OF MINUTES I December 11, 1995, Regular City Council Meeting: I No corrections November 30, 1995, Truth in Taxation Meeting: . No corrections I MOTION: Malone moved and Keirn seconded a motion to approve the minutes of the December 11, 1995 Regular City Council Meeting and the November 30, 1995 . Truth in Taxation Meeting. The motion carried unAnimously (5-0). .e . ~ I . .- ,ARDEN HILLS CITY COUNCIL - DECEMBER 26. 1995 2 CONSENT CALENDAR . A. Claims and Payroll I MOTION: Hicks moved and Malone seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. . The motion carried unllnimously (5-0). PUBLIC COMMENTS I Mayor Probst invited the audience to address the Council on any issue not already on the agenda There were no public comments at this time. I UNFINISHED AND NEW BUSINESS . Adopt Resolution #95-89. Adopting Regulations and Procedures for a Drug Free Worlqllace for Employees in Safetr Sensitive Positions. Ie City Administrator Fritsinger indicated that this item was reviewed at the December 21, 1995 Worksession meeting. Mr. Fritsinger indicated that Federal regulations mandating the implementation of the requirements of the Federal Omnibus Transportation Employee Testing . Act for all public entities were published in 1994. The regulations contain numerous changes which supersede state law that allows optional drug and alcohol testing in the workplace. These . rules require implementation of this policy by January 1,1996. Mr. Fritsinger reported that this Act requires all employees whose job duties include the . operation of a commercial motor vehicle and who are required to hold a commercial driver's license to be subject to random drug and alcohol testing. With few exceptions, drivers required to have a commercial driver's license (CDL) are subject to the controlled substance and alcohol . testing rules. A CDL is required for drivers operating a vehicle with a manufacturer's gross weight rating in excess of 26,000 pounds, for drivers who operate a vehicle designed to carry 16 or more passengers, or drivers who operate a vehicle used in the transportation of hazardous . material. The employees who operate these vehicles typically would be performing what is categorized as safety-sensitive functions. I Mr. Fritsinger indicated that employers must provide information on drug and alcohol misuse, the employers policy, the testing requirements, and how and where employees can get help. All . supervisors of safety-sensitive employees must attend at least one hour of training on the signs and symptoms of drug abuse and one hour of training on alcohol misuse symptoms and indicators used in making determinations for reasonable suspicion testing. Most City employees .. who are required to have this training have received it. I I . .- ARDEN lULLS CITY COUNCIL - DECEMBER 26. 1995 3 Mr. Fritsinger indicated that, at this time, the policy would affect only those maintenance . employees in the Public Works and Parks Departments. Even though the Parks employees do not typically perfonn safety sensitive functions, they have CDL's and are available for emergency service. Ibis requires them to be randomly tested along with the other maintenance . workers. . Mr. Fritsinger indicated that Staff is proposing the City contract with the Association of Minnesota CountieslMinnesota Counties Insurance Trust (AMC/MCIT), which contracts both the testing and random drawing. The collection site for testing will be Medtox Laboratories, . located at 402 W. County Road D, New Brighton. The random drawing will be completed by United, Inc., Cranberry Township, Pennsylvania. . Mr. Fritsinger indicated that the City will pay an annual fee of $125 to AMC/MCIT. The actual testing costs vary depending on the results of the test. However, the nonnal costs would be $46 per drug test, which includes $23 per lab test, $20 collection site fee, and $3 for Medical Review . Officer (MRO) review. Mr. Fritsinger indicated that Staff recommends the Council adopt Resolution No. 95-89 adopting .e regulations and procedures for a drug free workplace for employees in safety sensitive positions, and to contract with AMC/MCIT for the testing of this program. . MOTION: Hicks moved and Keirn seconded a motion to adopt Resolution No. 95-89, Adopting Regulations and Procedures for a Drug Free Workplace for Employees . in Safety Sensitive Positions. Motion carried unanimously (5-0). Recycling Contract . Community Development Director Kevin Ringwald presented an overview of the recycling contract to the Council. Mr. Ringwald indicated that the resale price of recyclables had increased . significantly over the past two years and only recently decreased somewhat. Mr. Ringwald indicated that the costs have stabilized now, and that it is reflective of the market. . Mr. Ringwald stated that E-Z Recycling wishes to remove Section 9.1 of the Agreement to clarify the employee designation. . Mr. Ringwald indicated that the City could promote recycling by placing a notice in with resident's water bill, or by airing a spot on cable channels, listing what items are recyclable, the . recycling date, etc. Mr. Ringwald continued that box board (i.e., cereal boxes) has been added to the recycling contract. Mr. Ringwald indicated that there is the ability to market recycling within the current budget. .e . I I I- ,ARDEN lllLLS CITY COUNCIL - DECEMBER 26. 1995 4 , Chris Reinhardt, President of E-Z Recycling, Inc., spoke to the Council about different I methods of educating the residents of Arden Hills about recycling, including notices in the water bill, City newsletter, community newsletter, or a notice placed in each recycling bin Mayor Probst questioned Mr. Reinhardt if a change in the contract provides an incentive for him I to solicit residents to increase their recycling. Mr. Reinhardt responded that his incentive is what the market bears, and in an improved market they are able to offer more items for recycling. I Councilmember Malone indicated that E-Z Recycling has been the contractor for 10 years, and questioned Mr. Reinhardt as to what is the current tonnage for the City. Mr. Reinhardt replied I that the tonnage has increased each year. He continued that with the addition of telephone directories, aerosol cans, plastics, and now box boards, there is an increased awareness of recycling. Mr. Reinhardt indicated that the City is recycling approximately 60 tons per month, I compared to 40 tons per month 10 years ago. He also noted that collection used to be every other week, and now is every week. I Councilmember Aplikowski indicated that there was a file assembled with the Public Safety Committee that includes different brochures on recycling that could be reviewed and used in creating a flyer for City residents. She continued that it is important to remind residents about .. recycling, and that a notice could be included in the next water bill, listing recyclable items and dates. Mr. Reinhardt agreed that reminders help increase awareness. I Mr. Fritsinger agreed that there was a file assembled that they could review. Councilmember Aplikowski indicated that the City of New Brighton distributed a good brochure on recycling that Arden Hills could use as well. I Councilmember Malone indicated that the City had sent a brochure some years ago but that the I cost was high. He continued that at the time one out of three households were recycling; now that ratio is closer to one out of two. I Councilmember Keim suggested including a reminder in the notice on how to obtain a recycling bin. Mr. Fritsinger replied that currently bins are not available through the City. Residents must obtain them on their own either through purchasing one at a retail outlet or possibly through the I hauler. Councilmember Malone noted that the City distributed bins at one point, then they were sold to recoup cost. I MOTION: Hicks moved and Keim seconded that the Mayor and the City Administrator execute the curbside recycling service agreement with E-Z Recycling as amended I in Section 9.1 for the calendar years of 1996 and 1997. Motion carried unanimously (5-0). Ie I I I I- ARDEN HILLS CITY COUNCIL - DECEMBER 26. 1995 5 Approval ofl996 Liquor Licenses I City Administrator Brian Fritsinger reported to the Council that seven on-sale and off-sale liquor establishments have applied for 1996 license renewals. He continued that background I investigations have been conducted by the Sheriffs Department, the applications have been signed by the Sheriff, the Fire Marshall has completed all on-site inspections, and that the I applicants have submitted their first quarter fees and are current on all City License/Permits. Councilmember Malone questioned what is the current maximum number of liquor licenses I allowed in the City. Mr. Fritsinger replied that it is seven. Councilmember Malone noted that Charlie Chung's is not on the renewal list and is the one available license. I MOTION: Malone moved and Hicks seconded that the 1996 Liquor License renewals be approved. Motion carried unanimously (5-0). I Approval of 1996 BusinesslRubbish Hauler Licenses Community Development Director Kevin Ringwald reported to the Council that Staffhas .. received 11 rubbish hauler license renewals as well as 83 other business license renewals. Mr. Ringwald indicated that they will follow up with those businesses that have not yet paid their 1996 license fees. I Mayor Probst indicated that there is a need to coordinate one to two pick-up days with the . various haulers so garbage is not put out every day of the week. Mayor Probst continued that this issue was brought to the Public Works and Safety Committee, but a solution was not brought to the Council. Mr. Fritsinger reported that in August this was discussed with the Committee, I but no fina1 direction was ever taken, possibly due to fear that the competition would lead to increased prices. I Councilmember Malone indicated that there are only a few haulers for the City and suggested that the Public Safety Committee contact them and ask for their help in getting coordinated pick- up days. I Councilmember Aplikowski voiced concern that limited pick-up days would be difficult for commercial businesses. Councilmember Malone indicated that limited pickup days would be for I residential only. I Mayor Probst agreed that residential was the primary concern for aesthetics as well as possible health concerns. Mayor Probst requested that the Staff work with the Public Safety Committee on this issue. Ie I . . .- ,ARDEN HILT ,S CITY COUNCIL - DECEMBER 26. 1995 6 Councilmember Aplikowski indicated this may force the smaller haulers out of the area if they . cannot comply with specific pick-up days. She continued that it is always good to foster small business and was concerned about such a mandate. . Mayor Probst agreed, but stated that businesses can work around such issues. He continued this would not be a mandate but a request that could be done. . MOTION: Hicks moved and Malone seconded a motion to approve the 1996 BusinesslRubbish Haulers Licenses as presented. Motion carried unanimously (5- . 0). Adopt. Resolution 95-90. Receiving Preliminary Report and Calling for a Public Hearing . for the 1996 Street Improvements Mr. Terry Maurer, MSA, reported to the Council that a preliminaIy report has been submitted . outlining the 1996 Street Improvement project. He stated that this report will be used to outline the improvements at the Informational Meetings to be held January 9,1996, and input based on those meetings will be added prior to the formal Public Hearing scheduled for January 29, 1996. I~ He referred to the Feasibility Study packet distributed to the Council. Mayor Probst questioned what would occur if residents from the area wanted both Alternate 1 . and 2 as indicated in the Study. Mr. Maurer indicated that worst case scenario would be doing a mix of both Alternates. He indicated that they would propose doing one Alternate in 1996, and one in 1997. . Councilmember Hicks questioned if the projects are bid in sections, with a final plan a mix of . Alternate 1 and 2. Mr. Maurer indicated that it would be either Alternate 1 or 2, but if they meet with resistance and want improvements from both alternates, they will resolve that before the Public Hearing. . Councilmember Hicks questioned if the bid includes sealcoat and restructuring. Mr. Maurer responded that they would be obtaining a separate sealcoat bid since it is likely to be $20,000 or . more. Mayor Probst stated that he was hopeful that people would attend the informational sessions and . get some guidance on the project. Mr. Fritsinger indicated that notices were sent this week to area residents. . Councilmember Aplikowski reviewed that the presentation of Alternate 1 will be at 5:30 p.m., and Alternate 2 will be at 7:00 p.m. on January 9, 1996. .e I I I I~ ARDEN HILLS CITY COUNCIL - DECEMBER 26. 1995 7 Councilmember Keim requested that concern has been expressed for the road condition of I Edgewater A venue and needs to be addressed. MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution No. 95- I 90, Receiving PreliminAry Report and Calling for a Public Hearing for the 1996 Street Improvements. Motion carried unanimously (5-0). I National Guard Payment I Mr. Fritsinger reported to the Council that the National Guard has requested reimbursement of $14,745.20 for the City of Arden Hills share of the water and sewer connection at the National Guard site. In addition, the engineer for the National Guard (Melchert!Block Associates) has I requested an additional $5,384.42 for other costs associated with the project. Mr. Fritsinger continued that the City agreed in June 1995 to participate in a project to connect to I municipal water and sewer for the Minnesota Army National Guard, with the City's share of the cost to be between $16,875 and $19,875. The exact cost would be dependent on whether a ten or twelve inch water main was necessary in the public sanitary sewer lift station. Ie MelchertlBlock Associates stated that a ten inch water main would be adequate to supply the facility. The City Engineer requested calculations proving the facility only needed a ten inch 1 water service, as well as the City requesting this information in a letter dated July 25, 1995. To date, no information has been provided to the City or Engineer. An additional $734.42 is also I due for a tracer wire along the PVC force main. Mr. Fritsinger stated he initially recommended payment of the $15,479.62 for the City's share in I' the water and sewer connection project and to authorize Staff to reimburse the National Guard for the $5,384.42, once appropriate documentation and City Engineer approval is given. However, after discussion with the National Guard earlier today the Guard requested payment 1 only for the amount invoiced. Staff recommends payment of$14,745.20 and authorization to reimburse the National Guard for the remainder, once appropriate documentation and City Engineer approval is given. 1 Councilmember Malone asked what the Guard's position is on the overage. Mr. Fritsinger replied that the Guard has stated it believes it is the City's responsibility to obtain the specific I calculations if that is what is required. Councilmember Aplikowski indicated that the National Guard believes a letter was sent dated I December 14, 1995 with the requested information and that nothing further was needed. Mr. Fritsinger agreed that the National Guard believes this, but the City has been very clear from the .e start of this project that it was the National Guards responsibility to provide the oversizing calculations. 1 I I . ,ARDEN IllLLS CITY COUNCIL - DECEMBER 26. 1995 8 I I Mayor Probst stated that the oversize should not be viewed as an addition, and therefore the City's responsiblity, unless it's demonstrated that oversizing is not required for fire suppression purposes. I Dwayne Stafford, Public Works Superintendent, reported that MelchertlBlock Associates I requested flow data for 1996 last week, and that to his knowledge this is the first request for information received. I Councilmember Malone questioned if a new building were to be constructed, what would the normal water main size be. Mr. Maurer responded that it would depend on how integrated the system is, how many loops, etc. I MOTION: Aplikowski moved and Keim seconded to approve payment of $14,745.20 for costs associated with water and sewer connection at the National Guard. Upon I receipt of the appropriate documentation on the oversizing and approval by the City engineer, Staff may release the additional funds identified in the contract. Motion carried nmmimously (5-0). I . Adopt. Resolution 95-91. Establishing Femwood Avenue as a Municipal State Aid Street I Mr. Maurer reviewed that a resolution establishing Femwood A venue as a Municipal State Aid Street is recommended as the City has accumulated 0.67 miles of excess MSA mileage which I must be designated to allow the City to receive additional State Aid funds. Mr. Maurer indicated that Femwood is the most feasible street to designate in terms of its connections to existing collectors and county roads, and its current and potential future commercial use within an area I zoned for Light Industrial development. He also stated that Femwood is a street recommended for reconstruction in 1996 based upon the 1995 Pavement Management program street re-rating, and that reconstructing this street in conjunction with the 1996 improvements allows the City to I maximize the use of its existing street maintenance/improvements budget Councilmember Malone questioned if the City was clear on ownership ofFemwood. He I understood that it was owned by Control Data. Mr. Fritsinger indicated that the portion of the road between Femwood and Lexington is owned I by Control Data. This project was similar to Round Lake and Old Highway 10, where Round Lake Road is designated as an MSA street where it connects to Old Highway 10. This connection is only shown on paper maps. I Mayor Probst questioned if the City can use MSA funds for Highway 96. Mr. Maurer indicated I . that the City receives $200,000 annually and that the State has changed the rules to make it easier to use the MSA funds, but if the money is not used, penalties may be applied. I . . .e ARD:E;N lULLS CITY COUNCIL - DECEMBER 26. 1995 9 Mayor Probst indicated that there were no issues with Fernwood that would not meet the MSA . requirements. Mr. Maurer indicated that it is a wider street now, and it could be narrowed, if needed. Mayor Probst questioned if property owners need to be notified regarding this issue. . Mr. Fritsinger indicated that there is no official notice required, for obtaining MSA designation, but in light of the problems experienced with County Road F, an informational meeting could be considered. . Mr. Fritsinger reported that a section of Fernwood is involved in both Alternates 1 and 2 of the 1996 Street Improvement project, but that Resolution #95-91 would not affect the project. . MOTION: Hicks moved and Malone seconded a motion to adopt Resolution No. 95-91, Establishing Femwood A venue as a Municipal State Aid Street. The motion . carried unanimously (5-0). TCAAP Update . Mr. Fritsinger reported that there was no new information regarding TCAAP. .. ADMINISTRATOR COMMENTS . City Administrator Fritsinger reminded the Council that the next meeting is January 2, 1996. COUNCIL COMMENTS . Councilmember Malone reported that Parkshore Apartments have not paid their water bill again this past quarter and Staffhas sent a letter to the property owner regarding this matter. He indicated that this occurs every year. Councilmember Malone asked for clarification on the new Medica health insurance. Mr. Fritsinger indicated that the City would be getting 100% coverage instead of the current 20% copay. Mr. Malone indicated his pleasure that Staff regularly reviews the benefit package and the employees of the City are getting good health insurance coverage. . Mayor Probst commented that the new office furniture purchase was good, but wants to plan for . all the staff, not just a few. Mr. Fritsinger indicated that they are working with an overall color scheme, and ordering stock items only. I Councilmember Hicks questioned what the City's liability would be with its police contractor in regards to alleged abuse by a policeman. Mr. Fritsinger indicated that the contractor is required to provide insurance for situations such as these, but will research the matter further. Ie Councilmember Hicks stated that this hasn't occurred in Arden Hills, but there was a $20 million . I ~ I Ie ,AlWEN HILLS CITY COUNCIL - DECEMBER 26. 1995 10 judgement in San Francisco, which prompted him to consider what would happen in Arden Hills I if such a situation occurred. I Councilmember Aplikowski agreed with the previous comments on the furniture change and the unpaid water bill by Parkshore Apartments. Ms. Aplikowski also had a question regarding the charitable gambling fourth quarter figures. Mr. Post indicated that final quarterly contributions I are due January 20th. Mr. Aplikowski indicated that the charitable gambling groups are requesting a meeting with the Council and suggested inviting them to a Worksession. . Councilmember Keirn raised the issue of the Army Reserve being located in Arden Hills, not New Brighton as their stationary states. Mayor Probst and Mr. Fritsinger agreed, but also commented that the change may take considerable time with the Army. I Mayor Probst encouraged the Staff to discuss possible dates for a Worksession retreat to discuss broader policy issues that need to be addressed. 1 Mayor Probst indicated that the appointment process for the new year will proceed January 2, 1996 unless any new information is brought before then. 1- Councilmember Hicks requested that a resolution be passed recognizing Darlene Scott, who is I retiring after 13 years on staff. Mr. Fritsinger will arrange for Ms. Scott to attend possibly the January 8th meeting for recognition. 1 ADJOURN Malone moved and Hicks seconded a motion to adjourn the meeting at 8:45 p.m. . The mo carried unanimously (5-0). I I NOTICE OF MEETINGS I The next regular Council meeting will be held Monday, January 8, 1995, at 7:30 p.m., at New I Brighton City Council Chambers. I . I