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HomeMy WebLinkAboutCC 01-25-1988 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING Monday, January 25, 1988, 7:00 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notice thereof, Acting Mayor Hansen called the meeting to order at 7:00 p.m. . ROLL CALL The roll being called the following members were present: Acting Mayor Nancy Hansen, Councilmembers Thomas Sather and Jeanne Winiecki. Absent: Mayor Robert Woodburn and Councilmember Gary Peck. Also present: Attorney James Lynden, Public Works Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. CLOSED MEETING; LABOR NEGOTIATIONS Council discussed labor negotiations at a closed meeting between 7:00 and 7:30 p.m. APPROVE MINUTES Winiecki moved, seconded by Sather, that Council approve the minutes of the Regular Council Meeting of January 11, 1988, as submitted. Motion carried unanimously. (3-0) , BUSINESS FROM FLOOR None. KEM MILLING CO.: 1988 AGREEMENT and Kem Milling Company Council was referred to a letter from Attorney Lynden, 1-23-88, regarding several alternatives for consideration by Council relative to the agreement between the Village for operation of the rendering plant. Jerry Liefert and Scott Parr, representatives from Minnesota Pollution Control Agency, were present to discuss the Kem Milling Permit and the standards MPCA would incorporate in the permit. . Liefert advised he would respond to inquiries sent by the Clerk Administrator, in her letter dated 1-13-88; also that he would be writing the permit for the rendering plant in Arden Hills, as well as the two rendering plants in New Brighton. He stated that Scott Parr would be addressing the items which relate to enforcement. Liefert noted that there were seven questions posed by the Council and responded as follows: I. What is the commitment level of your agency? Liefert stated that the MPCA is committed to enforce it's regulations to the letter of the law if necessary to ensure compliance with its Rules governing emission from the rendering plants. That is, whatever it takes to bring Gordon Rendering (Mpls. Hide & Tallow) into compliance will be required by the permit issued to Gordon Rendering. The same committment applies to the two plants in New Brighton... . 2. What Standards will be placed in the MPCA permit? Liefert advised the Standards in the Air Quality permit issued to Gordon Rendering will include source emission and ambient air limits delineated in Minn. Rules part 7005.0920; odor testing in part 7005.0930; equipment breakdown in part 7005.0940, and, if necessary, incineration of emissions delineated in part 7005.1030. Liefert explained that incineration of emissions rule was the actual rule for rendering plants, the first two rules are for odor emissions from any facility; he noted that some persons have read the rule and assumed incineration was required, but in fact the rules relate to a method equally effective. In addition, requirements to make the facility air tight, on storing and handling materials, and to abate fugitive emissions as delineated in part 7005.1040, which is a specific rule for rendering plants, will be included in the permit to the extent necessary to ensure compliance. The permit will also contain monitoring requirements on temperature and quantities of raw materials processed, temperatures, pressures, and flow rates for scrubber parameters and/or temperatures of incinerator combustion chamber. Gordon Rendering will be required to retain all required recorded data for at least two years. Liefert pointed out that although this evening he is specifically referring to Gordon Rendering or Mpls. Hide & Tallow, the two plants in New Brighton will be dealt with in the same manner. . 3. What will be the ramifications for non-compliance with MPCA standards? Liefert explained that the ramifications of non-compliance are Notices of Violation, Stipulation Agreements with penalities, Administrative Orders, Litigation, and, as an extreme, revocation of the permit. Scott Parr stated those are the different means of enforcement activities. Minutes of the Regular Council Meeting, January 25, 1988 Page 2 KEM MILLING (CONT'D) 4. What time frame is there for compliance with MPCA rules and regulations? Liefert advised the MPCA will expect Gordon Rendering to be in compliance and a permit issued by June 1, 1988. He stated they will have to agree to the type of testing to be done at the plant and begin promptly; if good test data results are received from all three plants, MPCA should be able to determine what will be necessary in the permits and get them written, as MPCA is aware of the citizen concerns with the upcoming summer. . 5. What method will MPCA pursue to ensure compliance on an on-going basis7 Liefert stated that the MPCA will ensure continuous compliance by requiring source emission tests semi-annually with additional testing as necessary, if needed to resolve any disputes of non-compliance. Liefert knows that semi-annual testing is required, if something arises between those test periods and the MPCA determines there is no violation of the rule,the MPCA will be able to go in and 'make another test. The MPCA will also coordinate unscheduled inspections and complaint inspections with the City staff. 6. What specific testing programs will be required? Liefert stated the MPCA will specifically require Gordon Rendering to conduct odor emission tests on all control equipment exhausts while operating at maximum production rates and temperatures. Whatever conditions are recorded for production and control equipment will be used to write the permit. The odor tests will be conducted in accordance with Minn. Rules part 70050930 with MPCA staff present to record conditions. Observance of these tests will be coordinated with City staff; Liefert assumed that would be Mr. Fridgen. . Liefert explained that if the plant wanted to run a half load in the cooker, over a longer period of time, at half temperature, conditions on the scrubber, that recorded data would be written into the permit. 7. What long range plan will the MPCA haye to assure consistent compliance? Liefert advised that the MPCA will issue an Air Emission Facility Permit to Gordon Rendering which could be revoked if consistent compliance is lacking over the long range. However, revocation of the permit would only occur after attempting to resolve the odor problem through improved control equipment or other mechanical changes to the facility (i.e. raising the stack height). Strict enforcement of the permit conditions will be done during the permit life by MPCA staff and City Staff. A member of the audience questioned if there was a time limit for the plant to meet the requirements and improve their equipment. Scott Parr adVised that those types of conditions would be negotiated in any stipulation agreements or enforcement actions taken by MPCA; consideration would be given for the company to order additional equipment, installation of new equipment and a reasonable time period would be set. Liefert advised that the . permits currently issued include a time period for construction compliance; if a problem is identified, relative to equipment or method of processing, the permit is still issued with a time period specified for bringing equipment or method of processing into compliance. Mr. Freed, member of the Clean Air Committee, questioned if incineration would be required unless something equal to or better than was provided. Liefert stated incineration would be required if necessary; if existing equipment is not adequate. He stated at this time the MPCA would prefer waiting until tests have been completed to determine if the equipment is not adequate or if it has not been run properly. Scott Pahr stated that raising the stacks may solve the problem; MPCA would rather investigate all possible avenues before requiring an incinerator~ Councilmember Winiecki questioned if all of the testing that will be a part of the permit and the kind of benchmarks that will be adhered to will go on prior to the June 1, 1988 deadline. Liefert stated that is correct; testing will be performed with plant production as it will operate, and permit will limit the plant to operating under conditions at which it complies with MPCA standards. Liefert explained if the plant decided .~ to operate under different conditions than those specified, they would have to apply for an amendment to the permit and the tests would be performed again to insure compliance. Minutes of the Regular Council Meeting, January 25, 1988 Page 3 KEM MILLING (CONT'D) Winiecki questioned if the testing to be performed would be c-ensidered ,,:~.part of-the semi-annual tests performed. ~..vy.."..')_,...i,_\: .' -":'. Liefert stated that is correct; these tests will prove the plant is in compliance and be used to draft the permit conditions. . Acting Mayor Hansen stated it is her opinion that the matter has now taken direction toward solving the odor emission problems; she asked for Council suggestions or comments. Councilmember Sather referred to the letter from Attorney Lynden, 1-23-88, outlining several alternatives toward resolution of this matter for Council consideration; Sather agreed with alternative #3, page 4 of Lynden's letter, which suggested the enactment of an Ordinance Regulating Offensive Uses, similar to the City of New Brighton's. He explained he had discussed thia matter with Councilmember Peck, who is absent this evening, and Peck agreed. Attorney Lynden suggested that alternative #4 be included; Council confer and enter into a more comprehensive joint powers agreement with the City of New Brighton to regulate the three rendering plants, and the document should be harmonious with the regulations that will be forthcoming from the MPCA. Sather moved, seconded by Winiecki, that the Council, Attorney Lynden, and Clerk Administrator arrange for constructive discussions with New Brighton and representatives from Kem Milling to create some type of joint regulatory document that could be directed to the Council for discussion and which would be harmonious with the MPCA regulations outlined in the MPCA permit for operation of the three rendering plants. (3-0) . Dodie Kostichek questioned if the Clean Air Committee could be included in the document discussions. Council pointed out that if an Ordinance is enacted, there will be two public readings and at that time the Clean Air Comittee could review the document and make suggestions. Acting Mayor Hansen thanked the MPCA representatives, Kem Milling, the Attorney, and residents for attending the meeting and for their concern. Mr. Freed questioned if the Council had given thought to redevelopment of the rendering plant area in Arden Hills and New Brighton. Hansen stated that it has been considered and discussed with New Brighton. REZONING; MN/DOT TRUCK STA. SITE . collective opinion Council initiate a Council was referred to a letter from Planner Bergly, 1-19-88, advising that the Attorney, Zoning Administrator and Bergly, after investigation and study, are of the the truck station site should be rezoned and recommended Rezoning of the MnDot property located on County Road I. Councilmember Winiecki stated that if the Rezoning is initiated it would eliminate one of the variances requested; it was her opinion that the the whole area should be zoned I-2, as the use is clearly industrial in nature. Winiecki also advised that this is obviously a long term use for the site and the request is logical. The Clerk Administrator agreed with Winiecki. Hansen questioned if a rezoning could be accomplished with only three Council votes; it was determined that four Council votes would be required. Sather moved, seconded by Winiecki, that Council continue the request for Council initiation of rezoning on the MnDot Truck Station site to the Regular Council Meeting of February 8, 1988, in order to accomplish the necessary votes for approyal of the request. Motion carried unanimously. (3-0) AWARD BID; RECYCLING . recycling program be $1,638.00 Council was referrred to a memorandum from the Clerk Administrator, 1-22-88, recommending the bid for the awarded to Supercycle, Inc., for bi-weekly pickup at Paul Malone was present and explained the bid would be awarded subject to approval of the agreement between Ramsey County and the City of Arden Hills for a recycling grant; also he advised that the contract period should begin March 1st and extend through December 31, 1988. Minutes of the Regular Council Meeting, January 25, 1988 Page 4 RECYCLING (CONT'D) Winiecki questioned if the agreement included the arsenal property; suggested it be clarified in the grant. . Malone advised that the arsenal property was not included in the calculations. Sather moved, seconded by Winiecki, that Council award the bid for bi-weekly pickup of recyclable items to Supercycle, Inc., pending availability of funding from Ramsey County, effective March 1, 1988 through December 31, 1988. Motion carried unanimously. (3-0) Council was referred to the Public Safety/Works Committee meeting, 1/14/88, recommending denial of the request for a street light at the intersection of Fernwood/Arden Hills Club/Cardiac Pacemaker/Control Data; basis for denial was that this area , did not qualify for a street light under the City's three year master plan. REQ. STREET LIGHT; FERNWOOD STREET Committee member Malone advised that this is a private roadway owned by Control Data; he also stated the road is illuminated at this time. Moved by Sather, seconded by Winiecki, that Council deny .the street light request on Fernwood at the Arden Hills Club intersection, and direct staff to forward a letter to the appropriate party advising that should they determine a street light is necessary, they may install one, at their own expense by contacting NSP. Motion carried unanimously. (3-0) CABLE HTG. REPORT; SURVEY, PUB. ACCESS Council was referred to the Cable Advisory Committee minutes, 1-14-88, relative to survey of viewership of public access channels. . Councilman Sather reported that the Committee discussed the various methods of surveying; thsir suggestion was for a complete community survey, encompassing information about all city functions, would be a more accurate method of compiling information and reflect the entire community. Sather advised the cost for the complete community survey was estimated between $4,500 to $5,000. Sather commented that it Was his understanding Council intent was for an unsophisticated survey; should Council desire to have a complete survey done, funding would have to be identified, as it was not budgeted, Sather suggested the matter be referred back to the Cable Committee for some further discussion and identification of specific type of survey they would suggest, providing necessary information and cost effective. Winiecki questioned if the Committee could contact the Northwest Hennepin franchise to determine if the tranfer of the public access systems to the city management was as successful as the cable company stated. .., Sather advised that there was significant consolidation of public access channels; he pointed out that unless participation increases significantly in the public access channel, the initial agreement will dissolve. Hansen was opposed to a community wide survey, unless the questions were designed to provide adequate information. She also questioned how the funding would be provided. The Clerk Administrator suggested the amount could be split between the Council Budget and Cable Budget, however, sufficient monies were not available in the Cable Budget of 1988. Morrison suggested this item could be budgeted for next year. Sather advised that the NSCC was trying to expedite the matter; suggested the NSCC should fund the survey, if they so choose. He questioned if it was worth the expenditure to try to retain the public access. After discussion, Council concurred to request Bill Bauer to attend a future meeting and provide a typical survey questionnaire, suggest what types of questions should be included and what types of responses might be received. . Council did not express interest in attending the sessions being held to discuss the disposition of public access; Sather advised he would provide Councilmembers with a schedule of the Board Meetings in the event they could attend. Minutes of the Regular Council Meeting, January 25, 1988 Page 5 OTHER BUSINESS PARKS COMM. MTG. Councilmember Sather advised he was unable to attend the Parks Committee meeting scheduled on 1/26/88; he advised that the committee members Oaths of Office should be administered. Acting Mayor Hansen stated she would attend and administer the oaths. t WATER TOWER LEVEL Councilmember Winiecki referred to the minutes of the Public Safety/Works Committee meeting, 1/14/88, relative to the water leveling problem with our new water tower; she requested the Public Works Supervisor explain how the problem occurred and why the City would be responaible for costs to correct the problem. Raddatz explained the water tower leyel is supposed to be the same as the City of Roseville, due to the fact we are on the same line; however, because of the difference in the distance from their pumping station to our tower the pressure valve shuts down when Roseville's tower is full, but prior to our tower reaching 'the recommended level. Raddatz advised that the original specifications for the water tower, prepared by SEH, included a valve which would continue to allow the pumps to run until our water tower reached the correct level; Raddatz explained that the specifications were revised and the ones sent with the bids did not include this valve. The estimated cost for the valve is approximately $15,000 and related gauges and labor is estimated at another $15,000, for a total cost of $30,000.00. . The Clerk Administrator advised that the Engineer and Raddatz had discussed the possibility of expanding the water pipe on Hamline Avenue; they determined that this may not alleviate the problem. After discussion, Council suggested that Engineer Don Christoffersen be requested to appear at the Regular Council meeting held on February 29, 1988, to discuss how this problem occurred, what measures SEH would recommend to correct the problem, and the responsibility for costs of correcting the problem. PLANNER FEES Councilmember Winiecki questioned the hourly rate increase in the Planner's fees; also questioned how the planning applications. She suggested it may be possible to of the firm at a lower hourly rate. increase would affect employ another member The Clerk Administrator advised that Orlyn Miller had recommended John Bergly due to Bergly's experience and exposure to municipal planning; she noted that the firm is not large. Morrison explained she had meet with Bergly and discussed the fact that $45.00 per hour was the amount budgeted for 1988; Bergly advised his normal fee was $65.00 per hour, but suggested a rate of $50.00 per hour would be reasonable. Morrison commented that the costs would be reviewed in conjunction with the 1989 budget. . Morrison advised the applicants for planning cases are notified of the consultant fee rates for Planner, Attorney and Engineer that are reimbursable. She explained that the applicants would pay the higher rate of $60.00 per hour for the Planner's services and the City would be charged $50.00 per hour for the Planner's services. COLLISION INS./SQUADS Councilmembers agreed with the Clerk Administrator's recommendation to not pursue the collision insurance on the squads; they determined the costs for repair of the vehicles would be more reasonable than the insurance costs. WORK SESSION WITH FINANCE COMMITTEE Acting Mayor Hansen recommended scheduling a work session with members of the Council, members of the Finance Committee, and the Clerk Administrator, to discuss and setting policies. Council agreed that the meeting should latter part of February or early March 1988. budgeting procedures be scheduled for the Morrison advised she would discuss the recommendation with members of the Finance Committee at their regular meeting held 1/28/88 and report on their response. . REPORT OF CLERK ADMINISTRATOR RENEWAL CHARITABLE GAMBLING LICENSES Council was referred to the applications for renewal of Charitable Gambling Licenses for the following: Original Boosters Club, St. Peter Claver Church, St. Paul Turners and Twin City Area Youth Organization. Minutes of the Regular Council Meeting, January 25, 1988 Page 6 GAMBLING (CONT'D) Morrison advised that Commander Bergeron needed some additional information from the applicants to complete the background investigations required; she suggested approval be contingent upon , final review of the corporate officers of the charities by the Ramsey County Sheriffs Department. Moved by Sather, seconded by Winiecki, that Council approve the renewal of Charitable Gambiing License for St. Peter Claver Church, St. Paul Turners, Twin City Youth Organization and Original Boosters, pending final review of the Corporate Officers of those charities by the Ramsey County Sheriffs Department. Motion carried unanimously. (3-0) RES. #88-5; GLENHILL IMPROVEMENT INTEREST Council was referred to a memorandum from Morrison, 1/22/88, relative to the elimination of interest on an assessment for the Glenhill Road improvement. Moved by Sather, seconded by Winiecki, that Council approve Resolution No. 88-5, Eliminating Interest on Prepaid Assessment (Glenhill Road P-ST-87-1; John Shelendich, PIN 34-30-23-34-0017). Motion carried unanimously. (3-0) POS. DESC.; BLDG. INSP/CODE ENFORC. Council was referred the Clerk Administrator's memorandum of 1/22/88, regarding the proposed Position Description for Building Inspector/Code Enforcement Officer. . Morrison advised that Mr. Squires has expressed a strong interest in remaining with the City and also in taking any suggestions Council may have relative to his job duties. Council discussed the proposed position description; Morrison noted she had attempted to emphasize the Code Enforcement areas of the duties. Council expressed concern that final inspections were not being accomplished; Morrison noted that an effort is being made to do so and Squires has expressed that he is more than willing to discuss this area and improve on the inspections. Council determined that language should be included under paragraph 4, Duties and Responsibilities; "Schedules and performs required preliminary and final inspections on all permits issued, including footing, foundation, and framing." Council further suggested that Staff could devise a form identifying inspections and noting completion dates; such a form could be used to determine status of each permit. Morrison noted that costs for services would probably increase; she advised Larry currently performs all reporting requirements, and, due to increased documentation and inspection duties outlined by Council, he will be putting in additional time. She explained there are no staff members available to perform the reporting duties. . Council questioned if Squires had reviewed the proposed Position Description and expressed any concerns. Morrison stated that Squires had reviewed it and was more than willing to cooperate, perform duties listed and accept any further Council suggestions; she advised that in checking with prior administration relative to job performance, as directed by the Gouncil, the comments were positive. Sather moved, seconded by Winiecki, that Council appoint Lawrence Squires as Building Inspector/Code Enforcement Officer for the year 1988, and adopt the Position Description as outlined by Clerk Administrator's memorandum dated 1/22/88, with additional language as outlined above in the area of code enforcement. Motion carried unanimously. (3-0) COMMITTEE APPMT. PUB. SAFETY/WKS. Acting Mayor Hansen recommended the appointment of Jerry Miller. 3505 Glenarden Road, to the Public Safety/Works Committee; Council concurred. Council requested the Clerk the appropriate letter of appointment to Miller. . Administrator direct Minutes of the Regular Council Meeting, January 25, 1988 Page 7 TEMP. SIGN PERMIT; AMOCO, CO. RD. E Council was referred to the memorandum from Deputy Clerk Iago, 1/2//88, relative to the application for a temporary sign permit, from Amoco, 1306 W. County Road E. t Moved by Sather, seconded by Winiecki, that Council approve the Special Event Sign application, Amoco, 1306 W. County Road E, from a ten-day period, beginning February 1 through February 10, 1988. Motion carried unanimously. (3-0) BANNER SIGN; FLAHERTY'S Council requested the Deputy Clerk contact Flaherty's Arden Bowl and advise their banner sign has exceeded the ten-day limit requirement. CLAIMS Sather moved, seconded by Winiecki, that Council approve Claims as submitted. Motion carried unanimously. (3-0) 'ADJOURNMENT Sather moved, seconded by Winiecki, that the meeting be adjourned at 9:00 p.m. Motion carried unanimously. (3-0) I I \'! / iru~~~ 11 cY, ansen Acting yor ' . NOTICE OF MEETINGS There will be a Closed Meeting to discuss Labor Negotiations at 7:00 p.m., Monday, February 8, 1988, at the Village Hall. The next Regular Council Meeting will be held on Monday, February 8, 1988, at 7:30 p.m., at the Village Hall. . .