Loading...
HomeMy WebLinkAboutCC 08-29-1988 .. . e MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING Monday, August 29, 1988, 7:30 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:30 p.m. ROLL CALL The roll being called the following members were present: Mayor Robert Woodburn, Councilmembers Nancy Hansen, Gary Sather and Jeanne Winiecki. Also present: Treasurer Frank Green, Supervisor Robert Raddatz, Clerk Administrator Gary Berger and Catherine Iago. Peck, Thomas Public Works Deputy Clerk APPROVE MINUTES Peck moved, seconded by Sather, that Council approve the minutes of the August 8, 1988 Regular Council Meeting as submitted. Motion carried unanimously. (5-0) BUSINESS FROM FLOOR None. TREASURER REPORT Treasurer Green reported on the following investment: 8-22-88 - $104,857.50 invested at Midwest Federal, @ 8.4%, to mature 7/21/89. Sather moved, seconded by Peck, that Council ratify the Treasurer's report as submitted. Motion carried unanimously. (5-0) REPORT OF CLERK ADMINISTRATOR . ELECTION JUDGES; Council was referred to a memorandum from Deputy Clerk Iago dated 8-26-88, regarding a proposed increase in Election Judges salaries from $3.35 to $3.55 per hour to bring them into compliance with Minnesota minimum wage. Deputy Clerk Iago requested the $.25 hourly rate differential between Chairpersons and Election Judges remain the same. She further requested Dorothy Zehm and Charlotte McNiesh be retained for the Primary and General Elections to serve as "Election Officials" at the Chairpersons hourly rate and that Karen Malone, serving in Precinct #1 for the Primary Election only, be designated as an additional Election Judge. Hansen moved, seconded by Peck, that Council approve the Election Judges and Chairpersons wage increase, designate the additional Election Judge Karen Malone and the appointment of Charlotte McNiesh and Dorothy Zehm as Election Officials, as outlined in the Deputy Clerk's memorandum of 8-26-88. Motion carried unanimously. (5-0) ODOR COMPLAINTS; RENDERING PLANT Council was referred to a memorandum from Clerk Administrator Berger dated 8-26-88, recording the odor complaints received relative to the rendering plant. Berger advised the week of August 22 there appeared to be a particularly noticeable severity of odor and frequency of complaints. Councilmember Winiecki commented she had tried to call to register a complaint during the evening hours; she questioned if there was an "after hours" number for registering complaints. Berger stated he would review the Town Crier to locate telephone numbers which were published for registering complaints with the MPCA during evening hours and report his findings to Council. CABLE TV; COMMUNITY ACCESS NORTH SUBURBS Council was referred to a memorandum from Berger dated 8-26-88, regarding a report received from NSCC requesting Council consideration of a resolution supporting Community AccessManagement by a Non-Profit Corporation. William Bauer, Chairman of the Cable Commission, was present to review the document and summarize the proposal which would transfer community access managment functions and resources from Cable T.V. North Central to a non-profit corporation. He advised the report was approved and adopted by the NSCC at its regular meeting held August 4, 1988. Bauer noted the report sets out a skeletal structure of Commission discussion and also outlines an evaluation process for measuring success of community access once the transfer occurs. Bauer reported the NSCC has determined that community access in the north suburbs is important to subscribers and the cities and that Cable T.V. North Central has done less than an adequate job in providing the community access function. Minutes of the Arden Hills Regular Council Meeting, August 29, 1988 Page 2 . CABLE T.V. (Cont'd) Bauer advised he was unable to define the potential financing or structure at this time since no discussions have taken place with Cable T.V. North Central. Bauer explained that at this time Commission is unable to determine what will develop from the discussions with Cable T.V. North Central; items to be discussed would include facilities, equipment, personnel, financing, guarantees and establishment of a concrete proposal to be available for the cities review. Bauer advised the Commission is requesting Council consideration of the resolution prior to Commission engaging in discussions with Cable T.V. North Central. Bauer advised he would be willing to answer questions this evening or Council could consider a worksession with Cable Commission staff to discuss the report in greater detail. He requested direction from Council as to how they wished to proceed relative to this matter. There was Council discussion relative to Commission motivation, projected operating funds, increased cost to subscribers, additional staffing if transfer is accomplished, Bauer advised that Cable T.V. North Central has not displayed the incentive to provide community access even though they are required to do so in the franchise agreement; the corporation can be required to "go through the motions", however the cities have no control over the quality of community access provided. He commented that Cable T.V. North Central would charge what the market will bare regardless of community access provided; there is no indication the rates would be decreased without community access. . Bauer stated that an audit is being conducted of Cable T.V. North Central revenues and expenditures to determine the community access expenditures. He explained the purposes of the audit is to estimate what the expenditures are prior to negotiating the transfer and also to determine if the company is being financially impaired due to the community access obligation. Bauer was unsure when the audit would be completed. Bauer emphasized that the resolution is for the initiation of discussion with Cable T.V. North Central; the cities will still have an opportunity to review, comment and take appropriate action on the final proposal that may develop from the discussionse Clerk Administrator Berger advised public access has been under utilized in the northern suburbs and all the cities involved are aware of the fact something needs to be done. After discussion, Council directed the Clerk Administrator to revise the draft resolution in the proper Arden Hills format for Council consideration at their next Regular Council Meeting held September 12, 1988. Council concurred they generally agreed with the philosophy of the NSCC beginnng discussions with Cable T.V. North Central and that Bauer should keep Council informed as this matter progresses. . CONSULTANT AGREEMENT REND. PLANT; MCGINLEY Council was referred to a memorandum from Clerk Administrator Berger dated 8-26-88 advising that Charles McGinley would be present at the meeting this evening to proposed agreement and estimated costs for inspection services the rendering plant. discuss his relative to Charles McGinley was present and distributed a sheet which outlined Arden Hills portion of the engineering costs for a proposed five point strategy to eliminate the odor problem caused by the rendering plants located in Arden Hills and New Brighton; he stated that each of the five strategy points are independent from each other. McGinley stressed the fact that it would be important for both cities to work together to achieve a common goal. McGinley advised the first three budget item costs were divided in thirds; one third for Arden Hills, two thirds for New Brighton. He stated the last two strategy points costs are divided equally due to the fact they deal specifically with individual cities. , McGinley noted the three rendering plants are currently operating with expired permits, the permits expired in 1979 and 1980; he advised that odors are not a high priority issue with State agencies. Minutes of the Arden Hills Regular Council Meeting, August 29, 1988 Page 3 . REND'G PLANT (Cont'd) McGinley explained he was employed by a State agency and reviewed the equipment for two of the plants; the equipment installed at the plants is the original equipment from the 1970's and was "state of the art" for the 1970 period. He stated there was no incineration equipment installed at that time due to economics; the State agency approved chemical scrubbers rather than incineration equipment. McGinley advised the same equipment operates in the plants today and "state of the art" has progressed significantly especially incineration equipment. He stated agency had not reviewed nor re-issued permits since 1980 as it was a low priority; last year a citizen group from Arden Hills brought the priority to a higher level and convinced the agency to request new permit applications. McGinley reviewed the five point strategy: 1. Permit Application Review, 2. Inspection & Monitoring, 3. Complaint Hot Line, 4. City Ordor Ordinance, and 5. Lane Use Plan. He explained the first three items would involve review of the permit application and public hearings if requested would require an additional fee, inspectors for monitoring and enforcement of the permit, and verification of complaints by utilization of a 24-hour "hot-line". He stated item #4 would be drafted in conjunction with the Village Attorney and would be a two-part ordinance based on model ordinances from other cities. McGinley advised item #5 would be accomplished only after all 4 items are completed and may not be necessary; he noted he would work with City Staff to accomplish item #5. McGinley referred Council to Attorney Lynden's letter dated 7-27-88 to MPCA which outlines rationale for the City belief that the Kem Milling plant should be shut down immediately. . Sather moved, seconded by Peck, that Council hire McGinley and Associates, P.A. for a fee not to exceed $7,600.00 through June 3D, 1989, to fulfill the five point strategy with the City of New Brighton and approach the community odor problems caused by rendering plants. There was Council discussion relative to the utilization of the City Attorney in drafting the ordinance and the Planning Consultant in conjunction with the Land Use Plan. Council stated the problem appears to be with lack of enforcement from Minnesota Pollution Control Agency. Some Councilmembers favored voting on each individual expenditure in the five point strategy and preferred authorizing the City Attorney to prepare the draft of an odor ordinance. Council questioned if the costs for McGinley's services could be charged back to the rendering plant; it was stated that permit fees could be increased to cover certain administrative costs and the Clerk Administrator advised he could review the legality of the question with the City Attorney. Councilmember Sather clarified the intent of the motion was to authorize an expenditure to resolve the problem of odor emissions from the rendering plant. He stated the Village should begin a coordinated effort with New Brighton to eliminate a problem which should have been dealt corrected years ago. . There was discussion relative to authorizing the Village Attorney to prepare the ordinance with the understanding he may utilize McGinley's services as necessary. Winiecki moved, seconded by Woodburn, that the motion be amended to approve the expenditure for items I through 3 on McGinley's strategy list and that items 4 and 5 be initiated by Attorney and Planning Consultant and utilizing McGinley's services as they deem necessary, the amount of expenditure not to exceed the estimated costs in the strategy memorandum from McGinley. Councilmember Sather questioned if McGinley would be drafting the ordinance or merely providing the Village Attorney with the necessary data and expertise to develop an ordinance relating to rendering plants. McGinley stated that was correct and advised he has been in contact with Attorney Lynden regarding information pertinent to such an ordinance. He commented that if a public hearing were required an expert witness should be present to support the different aspects of the ordinance and he would serve in that capacity. McGinley also noted the same would hold true for item #5 the Land Use Plan , Amendment to motion failed. (Winiecki, Woodburn voting in favor; Peck, Sather and Hansen opposed) (2-3) Original motion carried. (Sather, Peck and Hansen voting in favor; Winiecki and Woodburn opposed) (3-2) Minutes of the Arden Hills Regular Council Meeting, August 29, 1988 Page 4 REND'G PLANT (Cont'd) Hansen moved, seconded by Winiecki, that Council authorize the expenditure of $2,500 for Attorney Lynden to draft an odor ordinance and utilize expertise of consultants he deems necessary. Motion carried unanimously. (5-0) . Council was of the consensus a Land Use Plan may not be necessary and in the event it would be deemed necessary the Planning Consultant should be authorized to utilize resources and expertise of other consultants as needed. PLANNING STUDY; I-694/I-35W Council was referred to a memorandum from the Clerk Administrator Berger dated 8-26-88 and Planner Bergly's report dated 8-25-88 relative to the Land Study N.E. intersection of I-694/I-35W. recommendations at the Dennis Probst, Chairman of the Planning Commission Task Force, was present and reviewed the objectives and recommendations submitted to Council at their Regular Meeting held 7-11-88. He requested Council consideration and action relative to the recommendations outlined in the Clerk Administrator's memorandum, as follows: . -Council direct staff and the Planning Commission to initiate the Rezoning of the Round Lake Site in order to insure the type of development that is compatible to what has occured in the past and consistent with the community's vision for the future. -Council direct staff to evaluate various financial scenarios and outcomes including market values of potential development; the City's potential risk in public participation, TIF, Bonding for debt and other methods for financing public improvements. -Council participate in a worksession with staff, Planning Commission Task Force, and a financial consultant in order to evaluate alternatives and determine a course of action. Clerk Administrator Berger referred Council to a report from James Casserly, Financial Consultant, which illustrates the amount of major public improvements that can be supported by each I million dollars of tax increment. The report also showed how the City can minimize its risk factor in the development. Berger suggested that Casserly be invited to attend a future Council meeting to discuss the financial services he could provide in conjunction with the Round Lake development. Berger recommended the Village should proceed very carefully and conservatively; initiation of the rezoning and the staff continuing to evaluate the financial senarios would provide a good overview as to which direction to pursue. There was discussion relative to the pros and cons of actively pursuing development in this area, the feasibility of development at this location; the legality of imposing a moritorium for a short time period, and establishing a Community Development Committee. . Winiecki moved, seconded by Sather, that Council initiate the Rezoning of the entire parcel of land outlined in the Land Use Study of the N.E. quadrant of I-694/I-35W and begin establishment of an economic development district. Motion carried unanimously. (5-0) Mayor Woodburn suggested if Planner Bergly had any further recommendations relative to the Rezoning he should forward them to Council at a future date. Winiecki moved, seconded by Peck, that Council establish a Community Development Commission, including but not limited to members of the staff, planning commission task force, Treasurer Green, and other persons who could lend expertise to the commission, either by appointment or volunteer, and, further, that Mr. Casserly be present to outline recommendations for the types of financing available. Motion carried. (Winiecki, Peck, Hansen and Sather voting in favor; Woodburn opposed) (4-1) Council questioned if the Committee should be comprised at this time. Winiecki clarified the intent of the motion was not to initiate the commission work, only to inform persons who would be interested and involved of the recommendations and alternatives. She commented it could be in a special worksession with Council present. I There was discussion relative to inviting Casserly and other financial consultants to a future meeting. . - . . . ~ Minutes of the Arden Hills Regular Council Meeting, August 29, 1988 Page 5 LAND STUDY (Cont'd) Council concurred to direct Clerk Administrator Berger to invite James Casserly to the next Regular Council Meeting 1988, to discuss the feasibility, financial alternatives for site and consultant responsibilities. held September 12, development of the FINANCE COMM. RECOMMENDATION; CAPITAL OUTLAY Council was referred to a memorandum from Clerk Administrator Berger dated 4-26-88 relative to a recommendation from the Finance Committee for staff to draft a Long Range Capital Outlay plan for items over to prioritize the items listed. $10,000.00 and Council After Council reviewed the list submitted it was their consensus there was not sufficient information nor cost estimates to prioritize the items listed. Clerk Administrator Berger agreed the list was lacking and explained it was hastily put together; he suggested more information be provided and the Chair of the Finance Committee be present at a future Council meeting to discuss this matter and request Council input. Council concurred to return the list to staff and direct the individual department heads to prioritize the items as they relate to specific departments and provide sufficient data for review at the next Finance Committee meeting. CLAIMS & PAYROLL Sather moved, seconded by Winiecki, that Council approve Claims and Payroll as submitted. Motion carried unanimously. (5-0) OTHER BUSINESS LJVFD BUDGET; FIN. COMM. REPR. Councilmember Peck questioned if a Finance Committee should be appointed to review the LJVFD Budget and attend budget meetings. Mayor Woodburn advised the 1988 contract is currently with the LJVFD. Council directed the Clerk Administrator to contact LJVFD and determine how they are progressing on their budget. LETTER TO SENATOR BOSCHWITZ; TCAPP Councilmember Winiecki suggested that a letter be drafted to Senator Boschwitz updating him on the negotiations with TCAPP to obtain land for recreational use; she sent correspondence to Boschwitz which was incorrect and advised that TCAPP had should be clarified. Council concurred that Clerk Administrator Berger and Park Director Buckley be directed to draft a letter to Senator Boschwitz clarifying the City negotiations with TCAPP to obtain land for recreational use. ADJOURN Peck moved, seconded by Sather, that the meeting be adjourned at 11:30 p.m. Motion carried unanimously. (5-0) Gary R. Berger Clerk Administrator Robert L. Woodburn Mayor NOTICE OF MEETINGS The next Regular Council Meeting will be held on Monday, September 12, 1988, at 7:30 p.m., at the Village Hall.