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HomeMy WebLinkAboutCC 06-27-1988 , "; . . . . MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING Monday, June 27, 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 and Gary Peck. Absent: Councilmembers Jeanne Winiecki and Thomas Sather. Also present: Attorney James Lynden, Treasurer Frank Green, Public Works Supervisor Robert Raddatz, Acting Clerk Administrator Charlotte McNiesh and Deputy Clerk Catherine laga. APPROVE MINUTES Hansen moved, seconded by Peck, that Council approve the Minutes of the June 13, 1988 Regular Council Meeting as submitted. Motion carried unanimously. (3-0) BUSINESS FROM FLOOR REQ. SEMAPHORE; HWY 96 & HAMLINE AVENUE Barney Palmer, 1300 Nursery Hill Lane, requested Council consideration of placement of a semaphore at the intersection of Highway 96 and Hamline Avenue. McNiesh advised Palmer the matter had been placed on the agenda for Council consideration. RES. #88-22; REQUEST SEMAPHORE, HWY 96 & HAMLINE AVENUE Acting Clerk Administrator McNiesh reported to Council she had received a request from Barney Palmer, 1300 Nursery Hill Lane, for consideration of placement of a semaphore at the intersection of Hwy 96 and Hamline Ave. McNiesh explained she had contacted KnDot and they advised there are 115 intersections that have warrants for a semaphore and Arden Hills was 41st on the priority list. Kermit McRae, District Engineer at KnDot, suggested Arden Hills could move up the priority list if Council submitted a resolution requesting the semaphore installation. McNiesh drafted the proposed resolution requesting the semaphore be installed in 1988, however, she was _advised that the actual installation may not be started until 1989. Hansen moved, seconded by Peck, that Council approve Resolution No. 88-22, Requesting MN DOT To Install Semaphore at STH 96 and Hamline Avenue. Motion carried unanimously. (4-0) Council questioned the costs for installation. McNiesh stated that Arden Hills might pay half the cost of installation because there are two legs on a State highway; when she questioned the roadway that goes into the Arsenal property, which is not a City road. they did not know how that would be charged. She advised the approximate cost for installation would be $100,000.00 and there would be a yearly charge for electricity and maintenance. She further stated that this item could be budgeted for 1989 and if installation began in 1988 it may be possible to defer payment until 1989. Barney Palmer thanked the Council for the opportunity to be on the agenda and stated if the citizens can help speed the process he would be willing to head a citizen effort; there was discussion of a letter campaign or submitting a petition to MnDot. REPORT OF CITY ATTORNEY RES. #88-17; APPRV. FIRE PROTECTION AGMT. Council was referred to a letter from Attorney Lynden dated 6-17-88, outlining the revisions in the Fire Protection Agreement. Attorney Lynden-explained the changes as follows: -Section 8 (b). page 6: Comprehensive Liability insurance should"be $1,000,000.00 single limits. which was on the last draft of the agreement negotiated. Public Liability. $300,000.00 each person and each occurence. and Property Damage $50.000.00 should be eliminated. -Section 12 (f). page 9: References in this section to Section 10 (e)(i), and 10 (e)(ii), and Section 11 should be changed to read: Sections 12 (e) (i), 12 (e) (it), or 13 hereof. -Section 13, page 10: Second line should be changed to read: Section 12 (e) (ii)(b), 12 (e)(ii)(c). Minutes of the Arden Hills Regular Council Meeting, June 27, 1988. Page 2 .~~ FIRE AGMT. (Cont'd) Councilmember Hansen pointed out the following change: -Section I, page 2: Dates should read July 31, 1987 until December 31, 1998. . Lyndsn explained ths budget changes on Page 2, Ssction 2 (e), which essentially is the same only broader and comparable with Shoreview's fire agreement, and Section II, page 7. Lynden explained the agreement refers to mediation, however, after reviewing the provision it was his opinion it should be classified as arbitration. The changes made in the arbitration provision are in the first paragraph of Section 13; Lynden explained that by referencing Section 12 (e)(ii)(b) and 12 (e)(ii)(c), those both relate to the deficiency status and Section 12 (g) relates to termination or arbitration due to non-compliance. He referred to Section 13, first paragraph, where the language states "or non-compliance allegation..."; Lynden advised this relates to the arbitration being utilized in situations other than deficiency status situations. Lyndsn stated that Section 13 (f) was edded to follow the City of Shoreview approach and Section 13 (g) limits the arbitration panel's authority. The Attorney noted an typing error on page 5, Section 5, the second sentence should read as follows: "Such agreements shall be premised on the condition ...", the word "not" should be deleted. Hansen moved, seconded by Peck, that Council approve . Resolution No. 88-17, Approving the Fire Protection Agreement and Authorizing Mayor and Clerk Administrator to Execute Agreement, with the amendments to the agreement as outlined and recommended by Attorney Lynden in his memorandum of June 17, 1988, and that a certified copy of the agreement be forwarded to the Lake Johanna Volunteer Fire Department. Motion carried unanimously. (3-0) STATUS REPORT; RENDERING PLANT Attorney Lynden reported to Council on the rendering plant meeting held 6-17-88. Lynden explained that he was extremely pleased with Charles McGinley, the inspector retained jointly by Arden Hills and New Brighton, and stated a preliminary report Was prepared by McGinley for Council review. He advised McGinley is in the process of preparing a more detailed report based on his inspection of the plant premises last week. Attorney Lynden referred Council to the confidential memorandum of 6-24-88 reviewing the status of the plant and which discusses some strategies Arden Hills may pursue. The Attorney stated that from the preliminary inspection it appears the machinery used for odor control purposes at the plant is not operating effectively. Lynden explained he is comfortable with the strides the City is taking at this time. Lyden reviewed the cost estimate of $19,000.00, submitted by Mr. McGinley, which ~ covers the following items: $5,500.00 for McGinley's services with respect to permit applications. 3,000.00 for compliance monitoring. 4,000.00 for hot-line and training inspector. 5,000.00 for helping the two Cities develop ordinances. 2,000.00 for land use planning assistance. The Attorney suggested it would be in order for Council to consider payment of half the cost estimate amount to retain McGinley. There was discussion relative to expediency of resolution of this matter, the extent of Arden Hills staff involvement versus retaining McGinley's services, and the possibility of recouping a portion of the expenditures by increasing the permit fee to COVer the costs. Attorney Lynden stated he would.meet with McGinley to discuss the above cost breakdown, in terms of Arden Hills individual effort, and the extent of McGinley's involvement. Council concurred that the matter could be held until such time as more information relative to the plant inspection and McGinley's involvement was received from Attorney Lynden. . Minutes of the Arden Hills Regular Council Meeting, June 27, 1988. Page 3 KEITHSON ADDN. Mayor Woodburn reported that the City Engineer had recommended the letter of credit for Keithson Addition not be released due to fact the contractor had failed to raise a piece of curb. . WATER TOWER Mayor Woodburn advised Council the engineer had reported the water tower appears to be functioning well and still needs to be calibrated; the calibration cannot be accomplished until Roseville puta their tower at the overflow level. Roseville cannpt put the water tower at the overflow level due to the water shortage. NSCC ANTI-LOBBYING Council was referred to a letter from Cable Administrator POLICY Bootsie Anderson dated 6-10-88, requesting Arden Hills support of the anti-lobbying policy. Acting Clerk Administrator McNiesh briefly explained the Cable Commission feels strongly that representatives of Cable TV North Central should do all lobbying through the North Suburban Cable Commission rather than lobbying individual Councilmembers in the various participating Cities. She stated they are requesting a motion be passed that Arden Hills Council adheres to the anti-lobbying policy. Hansen moved, seconded by Peck, that Council follow the recommendation of the North Suburban Cable Commission to adhere to their anti-lobbying policy. Motion carried unanimously. (3-0) . CLERK ADMIN APPMT. Mayor Woodburn explained the person recommended by the selection committte and approved by Council for the position of Clerk Administrator had declined acceptance of the position. He further advised Council that the selection committee had meet with the next two persons on the list and conducted another interview session. The Mayor stated the selection committee has recommended Gary Berger for appointment to the position of Arden Hills Clerk Administrator. Berger is currently the Assistant to the City Manager of New Brighton. Mayor Woodburn advised Council staff would be requesting approval of the recommendation of the selection committee and authorization to complete contract negotiations with Berger. McNiesh explained there may be a few details to work out on the employment agreement, two favorable references would have to be received and that the salary was acceptable. She requested Council set guidelines for the e~ployment agreement negotiations. Hansen moved, seconded by Peck, that Council approve the appointment of Gary Berger to the position of Clerk Administrator for the City of Arden Hills effective July 25, 1988, pending receipt of at least two favorable references and resolution of satisfactory terms of an employment agreement or similar arrangement between the City and Berger which includes provision for a car allowance. Motion carried unanimously. (3-0) . Mayor Woodburn stated that a mutually agreeable contract would require Council approval or guidelines for contract terms could be outlined with approval for signing a contract which includes the terms set by Council. After discussion of contract.terms Council concurred that provisions for notice of termination, severance pay provision which is pro-rated for length of service and includes termination without severance pay if the party has done something which resulted in their personal gain, and a car allowance of $100.00 per month be included in the agreement. Council discussed a salary increase after satisfactory completion of the six months probationary period. Council concurred to direct Acting Clerk Administrator McNiesh to negotiate contract terms as discussed, obtain two favorable references and report to Council for preliminary approval. There was discussion relative to scheduling a Special Council Meeting on Saturday, July 2, 1988 or obtaining preliminary Council approval of a mutually agreeable contract by telephone poll. ~ No further action taken. Minutes of the Arden Hills Regular Council Meeting, June 27, 1988. Page 4 REPORT OF TREASURER RES. #88-18; DESIG. ADD'L DEPOSITORIES Council was referred to the proposed resolution which would designate two additional depositories for investment purposes. . Treasurer Green explained additional depositories offer investment alternatives that are flexible, secure and make good investment vehicles for cities the size of Arden Hills. Hansen moved, seconded by Peck, that Council approve Resolution No. 88-18, Designation Of Additional Depositories For Investment Purposes, the League of Minnesota Cities 4M Fund and Norwest Prime Value Fund. Motion carried unanimously. (3-0) SUB. POLICE CaAPLAINCY PROG. Council was referred to a letter from the Suburban Police Chaplaincy Corps, 6-11-88, requesting Arden Hills support of the Chaplaincy Program outlined in the letter. Hansen moved, seconded by Peck, that Council support the Suburban Police Chaplaincy Program, aa requested in the letter from the Suburban Police Chaplaincy Corps dated 6-11-88. Motion carried unanimously'. (3-0) POLLUTION & INVERSE CONDEMATION COVERAGE Council was referred to a memorandum from the League of Minnesota Cities dated 5-6-88 regarding the option to add inverse condemnation and pollution liabiilty coverages to the City insurance policy. . McNiesh explained the Finance Committee had reviewed the coverages and recommended adding both to our current policy. She stated the cost of coverage would be $1,533.00 per year, would be pro-rated for 1988 and that monies were available in the 1988 Insurance and Bonda fund to cover the coats for 1988. McNiesh further advised that the Finance Committee and Mr. Hite had recommended both endorsements be added to the policy. She atated that Hite explained the pollution coverage was part of most of the policies in prior years, then it was removed and is now available again. McNiesh stated she was not aware of the City having coverage for inverse condemnation in prior years. Council questioned the coverage under the pollution liability endorsement. McNiesh advised that the City would be covered for property damage or bodily injury caused by a release or discharge of pollutants where the release is accidential, Occurs entirely above ground and begins and ends within 72 hours of the accident. She stated landfills and underground storage tanks are exposures that would not be covered, however, manfunctioning ventilation systems in city buildings or an accidental spill of herbicides by park maintenance workers would be covered. . Council discussed whether or not the pollution coverage WaS worth the costs involved. Mayor Woodburn did not favor either endorsement. Treasurer Green stated the initial presentation of the pollution coverage seemed to make sense and it was his impression the coverage was greater. He did not favor the pollutiOn endorsement. Councilmember Peck questioned if Attorney Lynden should review the inverse condemnation coverage and make a recommendation to Council its value. Paul Malone, Planning Commission Member, stated that as Arden Hills will become more involved with development of marginal properties in the City; it was his opinion Council should consider the inverse condemnation endorsement. Council concurred to request the City Attorney review the inverse condemnation and pollution liability coverages, as outlined in the memorandum from the League of Minnesota Cities Insurance Trust, and report back to Council at their Regular Meeting of July 11, 1988. ... Councilmember Hansen requested the Attorney be advised she would favor inverse condemnation insurance and not pollution coverage as it does not appear to be inclusive enough to provide sufficient coverage for the costs. Minutes of the Arden Hills Regular Council Meeting, June 27. 1988. . · Page 5 . ~ . - OTHER BUSINESS REQ. DEAD-END SIGN ARDEN VISTA COURT Councilmember Hansen referred to the request for a "dead-end" sign on the cul-de-sac. McNiesh suggested the matter be referred to the Public Safety/Works Committee for their recommendation. Mayor Woodburn pointed out that normally motorists do not pay attention to such signs. Acting Clerk Administrator McNiesh stated residents may have a false sense of security if children play in the cul-de-sac. Hansen agreed and pointed out that it is easy to see there is a cul-de-sac from the street. Council concurred to forward the request to the Public Safety/Works Committee for their review and recommendation. SPECIAL EVENT SIGN; MCGUIRES Councilmember Peck questioned if a sign permit had been approved for a special event sign at McGuire's Inn. McNiesh explained the current Sign Ordinance requires Council approval for special event signs. however. most requests received do not allow for sufficient time to place the matter on the Council Agenda prior to the sale. She stated it was her understanding there was discussion at the time the amendment to the sign ordinance was drafted limiting the number of special event signs per year to three. to allow administrative approval of these sign permits. McNiesh advised the applicant had requested the sign permit two days prior to the date of posting and it was approved administratively under the assumption that was the basic intent of Council. Council was referred to Item 12B on the Agenda, which is a proposed revision to the Sign Ordinance that deletes the requirement for Council approval of special event signs. McNiesh stated there would still be only three permits issued per year and they would be approved administratively. Council concurred with the recommendation. ARSENAL PROPERTY; PROPOSED PARK USE Councilmember Peck reported he had met with Park Director Buckley. Ramsey County Parks representatives and Arenal personnel regarding the 25 acres of land in the northwest property that would be available on a lease basis. corner of the Arsenal Peck stated Ramsey County has shown an interest in the land because they would like to continue the trail system through the Arsenal and several surrounding communities have expressed an interest in use of the land. He had suggested to Buckley that the communities meet to discuss what recreational interests they have in the property. Peck advised that the approximate cost quoted for lease of the land was $30,000.00 per year. which would not include any improvements installed prior to use. He stated this data was for informational purposes only. 1989 BUDGET DISC. Mayor Woodburn suggested Council consider beginning discussions on spending priorities for 1989 at one of the next two Regular Council Meetings. Councilmember Peck suggested the various Committees could review projects in progress or that have been approved and rank those in priority to submit to Council along with any recommendations they may submit. McNiesh advised the Finance Sub-Committe has recommended a new 5 year Capital Expenditure Plan be drafted which addresses only those expenditures over $10,000.00 and requests the Department Heads to prioritize the expenditures as well as forward suggestions for funding the purchases. She noted the following examples; rebuilding Snelling Avenue and expanding City buildings or other items that have not usually been included in the budget. Mayor Woodburn stated the Committee may echo the ideas submitted to them if such information is fowarded prior to their discussions. He suggested general information rather than detailed information could be given to committees. Minutes of the Arden Hills Regular Council Meeting, June 27, 1988. Page 6 . . . BUDGET (Cont'd) Treasurer Green pointed out the Finance Committee is seeking guidance from Council in order to spend funds wisely and in response to needs. He explained the concensus of the Finance Committee was that it would be the role of the Council to forward advice and long term ideas to serve as a guide for their discussions. Green agreed that too much detailed information forwarded to committees could be ~ counter-productive. McNiesh suggested that additional items, additional personnel or unusual items could be highlighted for the Finance Committee when the budget is prepared. Mayor Woodburn commented it is not a good budgeting practise to have special funds that are added to each year and carried over; it would add to the cost of operating the City. No action was taken on the matter. PLAT; VALENTINE HILLS NO. 2 Mayor Woodburn commented that the Council would probably be reviewing developments on marginal lands of this nature in the future and suggested that Council consider requiring future developers to file a completion or restoration bond to insure completion of such projects. He noted this is done in conjunction with roadway improvements and public works projects. REPORT OF ACTING CLERK ADMINISTRATOR LEAG. OF MN. CITIES; HEALTH/DENTAL INS. COVERAGE RENEWAL policy period begins 30 day notice. Acting Clerk Administrator McNiesh explained the health and dental insurance coverage from the League of Minnesota Cities was due for renewal for continued participation and she normally signs the policy. The 7-1-88 for a period of one year and can be cancelled with a ~ McNiesh reported she had received quotes from Group Health, a meeting has been scheduled for 6-29-88 with representatives from Med Center and she has requested information relative to joining with Ramsey County under the Delta Dental, PHP and a Coordinated Plan. She stated Mr. Hite had received quotes from Aware Gold Silver Two, however, he had not had the opportunity to review them. Hite also reported he had contacted six carriers who were not interested in writing any coverage for Arden Hills possibly due to its size. McNiesh explained she would review the figures, discuss them with the employees and report to Council at a future meeting. She stated she would sign the League of Minnesota Cities renewal policy. ORD. 8259; SPEC. EVENT SIGNS APPRVL. Acting Clerk Administrator McNiesh stated the proposed ordinance amendment would delete the requirement for Council approval of special event signs and allow approve the three signs permitted on a yearly basis. . administrative staff to Hansen moved, seconded by Peck, that Council introduce by title Ordinance No. 259, AN ORDINANCE AMENDING SECTION 21-8 OF ARDEN HILLS CODE DELETING COUNCIL APPROVAL REQUIREMENT FOR SPECIAL EVENT SIGNS. Motion carried unanimously. (3-0) RES. NOS. 88-19, 88-20 & 88-21; APPORTIONMENTS Council was referred to the three apportionment resolutions which relate to the 96 Hamline Partners property east of the Public Works Building. McNeish stated it was her understanding that 96 Hamline Partners had agreed to pay the assessments that would be attributable to the property the City purchased. Hansen moved. seconded by Peck, that Council approve resolution Nos. 88-19, 88-20 and 88-21, relating to apportionemnt of assessments relating to improvements W-77-5 & W-78-2, W-P-SS 76-1A and W-72-1, 96 Hamline Partners property. Motion carried unanimously. (3-0) CLAIMS Council discussed holding the payment to Lake Johanna _ Volunteer Fire Department until such time as the Fire Agreement had been signed. McNiesh stated the payment was not due until 7-1-88. Hansen moved, seconded by Peck, to approve Claims and direct the Acting Clerk Administrator to release the payment for fire services to Lake Johanna Volunteer Fire Department upon obtaining an executed copy of the Fire Agreement. Motion carried unanimously. (3-0) ", . . . Minutes of the Arden Hills Regular Council Meeting, June 27, 1988. .~ Page 7 MISCELLANEOUS SCHOLARSHIP Council was advised by McNiesh that Karen Blomberg, 3508 Glenarden Road, was one of the recipients of a Suburban Cable for St. Cloud University. She stated the to students who are pursuing a career in radio or scholarship from North scholarships are givsn television. CERT. OF APPRECIATION LEAGUE OF MN. CITIES Council was advised by McNiesh the City of Arden Hills had received a certificate of appreciation in recognition of 37 years membership in the League of Minnesota Cities. PARK MTG. CANCELLED Council was advised that Park Director Buckley requested McNiesh notify Councilmembers the Park Committee meeting scheduled for 6-28-88 has been cancelled. REQ. FOR STOP SIGN; AMBLE DR. & LEXINGTON McNiesh reported that she had received a request from residents in the area of Amble Drive and Lexington Avenue for a through stop sign on Lexington. She advised the residents Lexington is a County Road and placing a stop sign in that area may cause more problems than it would solve. McNiesh also explained to the residents the traffic problem may be relieved when Highway 10 opens; the residents agreed to monitor the situation until after the July 4th weekend. DRAINAGE PROBLEM; VALENTINE LAKE Council was advised by McNiesh that the Public Works Supervisor had been working with representatives from Rice Creek Watershed District, DNR, Bethel College, MnDOT contractor in charge of highway repairs to clear slurry in and the construction Valentine Lake. Raddatz reported the cement slurry from the milling operation has been entering Valentine Lake through the drainage culvert located on Bethel property. He advised he had been working with the above agencies to resolve the problem. TRAFFIC CONTROL; HAMUNE & HWY 96 Mayor Woodburn stated that the City had hired two Off-duty deputies to control traffic at the intersection of Hamline Avenue and Highway 96. He recommended Council of funds for traffic control under the emergency approve the expenditure provision. liansen moved, seconded by Peck. that Council approve the expenditure of monies under the emergency provision to hire two off-duty Ramsey County Deputies as needed to control traffic at the intersection of Highway 96. and Ramline Avenue during the MnDot construction period. Motion carried unanimously. (3-0) SPRINKLING BAN Council discussed the possibility of imposing a sprinkling ban in the City. McNiesh advised that Arden Hills water comes from St. Paul and past policy has been to wait until the City of St. Paul places a sprinkling ban on its residents before Arden Hills imposes a ban; an odd/even system of watering is normally imposed. There was discussion relative to whether or not residents with wells would be requested not to sprinkle if a ban were in effect, methods of warning or penalizing residents who violate the ban and exceptions for new sod and young trees. Council requested Lynden's advise on enforcement. ADJOURNMENT liansen moved, seconded by Peck, that the meeting be adjourned at 9:35 p.m. Motion carried unanimously. (3-0) ~f1J1~. Charlotte McNieah Acting Clerk Administrator K~~ Robert L. Woodburn Mayor fI NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, July 11, 1988, at 7:30 p.m., at the Village Hall.