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HomeMy WebLinkAboutCC 01-11-1988 . . " . MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING Monday, January 11, 1988, 7:00 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:00 p.m. ROLL CALL The roll being called the following members were present: Mayor Robert Woodburn, Councilmembers Nancy Hansen and Jeanne Winiecki. Absent: Councilmembers Gary Peck and Thomas Sather. Also present: Attorney James Lynden, Treasurer Frank Green, Parke Director John Buckley, Public Works Supervieor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine lago. CLOSED MEETING; LABOR NEGOTIATIONS Council discussed labor negotiations at a closed meeting between 7:00 and 7:30 p.m. APPROVE MINUTES; 12/28/87 & 1/4/88 Mayor Woodburn requested that the minutes of the Regular Council meeting of December 28, 1987, be changed to include additional language on Page 4, under NSCC; Report, paragraph 2, second sentence to read as followe: Viewership Survey "conduct a viewership survey of the access channels and " Hansen moved, seconded by Winiecki, that Council approve the minutes of the Regular Council meeting of December 28, 1987, as amended, and the minutes of the Special Council meeting of January 4, 1988, as submitted. Motion carried unanimously. (3-0) Council was referred to a letter from the Attorney Lynden dated 1/8/88; recommending that the agreement the City has been utilizing since 1979 be revised to incorporate the conditions, regulations and restrictions that will be incorporated in the MPCA permit which will be issued later this year. He noted his recommendation is based on the background given in his letter. Lynden offered the following alternatives to his recommendation in the letter: KEM MILLING CO.; 1988 AGREEMENT The City could adopt an amendment to the Arden Hills Code, which would create an offensive usage license, such as the City of New Brighton has adopted; Lynden noted that he had suggested this be done in 1979, however, at that time,the Council did not draft such an amendment. The Arden Hills Zoning Code provides for an amortization of deleterious uses such as a rendering plant, over a span of 5 years; Cou~cil could direct the City Attorney to research the provision as to it's validity and .report back to Council at a future meeting. There was Council discussion of the letter from the Attorney; Council questioned if Arden Hills rules could be more stringent that the MPCA rules. Lynden advised they cannot be more stringent. Council questioned if they would be justified in increasing license fees to cover the coet of additional inspections; Lynden advieed the feee could be increased as long as they related directly to inepection and administrative feee. Council questioned if the phase out would be directly related to the non conforming use of the plant rather than noxious cauee; the Attorney advised that was correct. Council questioned if Kem Milling objected to being open for inspections during business hours; suggested the agreement epecify being open during "operating hours" instead. Lynden noted that it was his opinion Kem Milling was objecting to the ability to intrude upon their operation immediately upon notice. Council discussed the reference to Kem Milling's objections to the agreement due to the fact the conditions and restrictions in the agreement would set precedent with proceeding with the MPCA; Lynden advised that was not his opinion, it was the opinion of Kem Milling. Mr. Johnson advised Lynden that the MPCA has requested local government agencies require such conditions and they in turn impose the same conditions in the MPCA permit. Minutes of the Regular Council Meeting, January 11,1988 Page 2 KEM MILLING (Cont'd) Mayor Woodburn commented that it was his opinion that Council should be hiring a consultant and enforcing the rules; he would prefer to hear from Mr. Liefert, of the MPCA, what they plan to do to enforce regulatione set forth in their permit. He also advised it would be helpful to know how rules we would incorporate into our agreement now, which are the same as the MPCA, could be enforced by Arden Hills. 4It Lynden reviewed the following suggestions for enforcement: 1. Abatement; which means they are given an opportunity to correct violations within a specified period of time, and if corrections are not made by that time specified in the notice or by ordinance, the City or a third party would do the corrective work and file a lien against the property. The City could then proceed to foreclose the lien and collect the money; 2. Impose Fine; could be imposed on a daily basis for each day the violation exists; and, 3. Revocation or Suspension of ' the license or permit. ~ouncilmember Hansen commented that the neighbors want the odor to cease; she discussed the testing process. Hansen stressed the importance of the Ci~y having some control over the final agreement with Kem Milling and that the controlling bodies be limited to epecific officials. Councilmember Winiecki questioned if the City should be trying to work with the Kem Milling representatives to reach an agreement or if the Council ehould direct their efforte toward drafting an Ordinance, outlining requirements as have been previously discussed. Mr. Johnson, Attorney for Kem Milling, requested a copy of the Attorney's letter. . Johnson reviewed the reasons for opposing the proposed agreement; unlawful delegation, too much testing and too costly. Johnson advised that initially there was no law that required the rendering plant to sign an agrement with the City, it was done in an effort to accommodate the City of New Brighton. He advised that an independent consultant has been hired by Kem Milling to review plant operations; Johnson also commented that they had signed the previous agreement in August of 1987. Johnson stated that they are not opposed to reaching an agreement; however, the proposed agreement being discussed this evening is not acceptable. Johnson pointed out that they are not opposed to the inspections, by law the plant has to be open to MPCA and other officials, however, they wanted to insure the inspections were being done while someone was there-and that OSHA rules were being followed. Also, he advised some of the problems have nothing to do with the stacks, products or staff negligence or another plant could be causing the violations. There was discussion as to whether or not the Attorney could draft an Ordinance incorporating Some of the prime provisions of the agreement that would be defendable in Court, or if discussions should begin to reach an agreement with representatives of Kem Milling and the City. ~ Attorney Lynden favored meeting with Kem Milling representatives to try to reach a satisfactory agreement with the City and Kem Milling. Attorney Johnson was not opposed to discussion, however, he advised that the Company did not favor computer modeling testing. Mayor Woodburn disagreed; it was his opinion that the Ordinance should be drafted and enforced. Lynden suggested that he would prefer to research the Ordinance draft further; although New Brighton has such an Ordinance the problem continues in that City. He noted the Ordinance could include some of the regulations in the agreement and the MPCA rules, would refer to a license or permit fee, to be established by Resolution, and provision for penalty or make reference to the general penalties established in the Arden Hills Code. Winiecki commented that she favored reaching an agreement with Kem Milling and ultimately working on an Ordinance; reviewed points of discussion - reasonable business hours or reasonable notice for inspections, individuals designated by the City for inspection purposes to be clarified, number of tests, permit fee could cover number of tests, plant notification to the City of equipment breakdowns would be useful, consultant retained by the plant, and computer modeling, which may be required by MPCA. . . . " . Minutes of the Regular Council Meeting, January 11,1988 Page 3 KEM MILLING (Contld) Johnson advised that the MPCA may request the computer modeling, however, Kem Milling may not agree with the request; he noted that MPCA cannot arbitrarily set conditions. Councilmember Hansen favored the Attorney drafting an Ordinance that would encompass reasonable requirements and include MPCA guidelines, a method of enforcement, and a clearly defined method of testing. Mr. Freed, member of the clean air committee, expressed concern that passing an Ordinance may be agreeing to having the plant forever; he pointed out that the plant operation is a non conforming use, and suggested we explore the possibility .of denying this permit. based on the agreement which currently exists. He questioned if Kem Milling is currently breaking MPCA rules, are they then currently breaching the agreement. Lynden advieed that there is a breech provision in the current agreement, however, it provides for the City and Kem Milling to discuss and agree upon an option-for eliminating the violation to bring the plant into compliance with MPCA rules. Freed suggested correspondence be directed to MPCA requesting the basis for a decision which the MPCA made to allow the plants in Arden Hills and New Brighton to have equipment other than incineration equipment; MPCA makes the determination that what the plant uses is equal to or better than incineration. After discussion, Council concurred that they would favor the MPCA representative appearing at a Council meeting to discuss MPCA enforcement procedures; Lynden advised that MPCA is better equipped to do enforcement than the City and it is his opinion that the City can be instrumental in encouraging MPCA to be more diligent in their enforcement methods. The Clerk Administrator advised she has been trying to contact MPCA to discuss Council concerns; she stated she could try to arrange for an MPCA representative to be present at the next Regular Council meeting of January 25th to discuss the enforcement issue. Winiecki moved, seconded by Hansen, that the Village Attorney return to Council with a proposed agreement, after.diecussione and input . received from Kem Milling's legal counsel Mr. Johnson, at the nsxt Regular Council meeting of January 25, 1988; and. furthermore, that Minnesota Pollution Control Agency be contacted for a response indicating what types of requirements for enforceability could be incorporated into an Ordinance in the future. Motion carried unanimously. (3-0) Winiecki advised that it was not her intent to dismiss the concept of drafting an Ordinance, but preferred to receive information from MPCA prior to reviewing an Ordinance draft and to have an agreement worked out. Mayor Woodburn noted that the old agreement between the City and Kem Milling had problems; he suggested the Attorney keep in mind the possibility of drafting an Ordinance relative to this matter. The Mayor questioned if the Council had any other suggestions for resolution of this matter. The Attorney suggested that Council meet with the MPCA; in the interim, Lynden will research the questions raised by the Mayor and Councilmembers, and also meet with Mr. Johnson and to see what can be worked out in the form of an agreement. ORD. #252; AMENDING SIGN ORDINANCE Council was referred to the Planning Commission Minutes of 1/6/88; relative to amending the Sign Ordinance as it relates to Special Event/Temporary Signs. Planning Commission recommended the signs be limited to three per year, for a period of 10 days, with a minimum period of 30 day period of thirty days interval, defining location as in Ordinance No. 216, Sec. II,B,4. Winiecki suggested that the term "per location" be changed to read "per building". Council concurred. Council discussed deferring effective date of the ordinance; rationale for deferral being that some businesses may have planned events in the coming months and are committed for signs to advertise the events. Hansen cOmmented that three signs per year may be too stringent. Minutes of the Regular Council Meeting, January 11,1988 Page 4 ORD #252 (Cont'd) Winiecki noted that some businesses have reader-boards and may not be as restricted in their advertising. Hansen moved. seconded by Winiecki, that Council Introduce by Title, Ordinance No. 252, AMENDING CHAPTER 21, SECTION 21-7 OF THE ARDEN HILLS CODE BY ADDING THERETO A NEW SUBSECTION (H) LIMITING THE ISSUANCE OF . SPECIAL EVENT SIGNS IN COMMERCIAL DISTRICTS; with the recommended language change as outlined, effective date of adoption to be the first day of June, 1988, and, upon approval of the Village Attorney. Motion carried unanimously. (3-0) REPORT OF PUBLIC WORKS SUPERVISOR PURCH. GARAGE DOORS Council was referred to memorandum from Public ,Works Supervisor, 1/8/88; Raddatz noted that this is the third year of the door replacement program. He advised that the cost of the three doors exceeds the budgeted amount by $300.00, however, he strongly suggested that all the doors be replaced at this time to assure continuity. Raddatz proposed that he would find the necessary funds in his budget to make up the deficit. Hansen moved, seconded by Winiecki, that Council approve the purchase of three (3) garage doors at a cost of $3,825.00, and two (2) key operators at a coet of $372.00, for a total cost of $4,197.00, and, furthermore, that Council encourages the Public Works Supervisor to defer purchase of another budgeted item to make up the cost deficit. Motion carried unanimously. (3-0) ARMY RES. TRNG. CNTR. Don Messerly, speaking on behalf of the Parks Board, requested Council consider postponement of the vote to . approve the extension for sewer and water to the Army Reserve Trsining facility. Messerly explained that the School District #621 has closed four schools within the past two years; Arden Hille has lost the use of 5 gymnasium areas, a swimming pool, four tennie courts, a running track, baeeball field, 8 softball fields and six football/soccer fields. He stated the arsenal land may be our last chance to replenish these losses. Parks Director Buckley advised that at the present time the Army has not requested any input as to the type of use any of the surrounding municipalities would be interested in; he stated that at the present time Arden Hills needs a top grade athletic field complex which would take approximately 20-25 acres of land and Buckley agreed that the arsenal space is a last. resort. It was his opinion that the Council should consider negotiating with the Army Reserve for joint USe of such facilities in conjunction with their proposal. Mayor Woodburn expressed the opinion that it would be an unfair bargaining tool to deny sewer and water to the site. Winiecki advised that it is her understanding the Army has recently experienced financial difficulties and have initiated extensive budget cuts, furthermore. recreational facilities would probably be one of the first items eliminated; she suggested we delay comment on this until such time ss the Army has made all budget cuts. ~ The Clerk Administrator advised that ehe, Buckley, the Shoreview City Manager and Parks Director had met with the project architects two weeks ago to review the plan and review what we envisioned as possible recreational needs for our City, as outlined by Buckley. In looking at the plan. it was determined that the building nor the land area was large enough to aCCommodate either Buckley's or the Shoreview Parks Director's requirements were and the architect suggested that the City should contact the Kansas Project Manager to let them know what we foresee as ideal conditions. After discussion Council concurred to direct to the Project Manager in Kansas the following request for a meeting with Council to discuss the items listed below: 1. Arden Hills preference for a northerly site for the training facility; to help eliminate traffic conjestion and better serve it's members. 2. Enhanced public facility for joint use by Arden Hills residents. 3. Address Planning Commission concerns. Council suggested that the Clerk Administrator telephone the Project Manager in . Kansas and advise of our concerns. as well as fOllow-up with a letter. Minutes of the Regular Council Meeting, January 11,1988 Page 5 OTHER BUSINESS REPORT FIRE BD MTG. Councilmember Hansen reported on the LJVFD Fire Pension Bosrd Meeting and explained the proposed vesting program; she also advised that the Fire Department had held their election of Officers. . JOINT MTG.; SCHOOL DIST Council concurred that their schedules do not afford them opportunity to meet with School Board Members at this time; suggested scheduling a meeting next year. REPORT OF FIRE MTG. Mayor Woodburn reported on the LJVFD meeting with the Cities of Shoreview and North Oaks; he advised that reached relative to proposed salaries or administrative have agreed to most of the other estimated budget items. there was no agreement reports, however, they REPORT OF CLERK ADMINISTRATOR 1988 RUBBISH LIC'S Council was referred to the list of applications for 1988 Licensed Rubbish Haulers; the Clerk Administrator advieed that all of the applications have been approved by Dr. Robert Dunn, City Health Inspector, and, that all applicants have agreed to the 15 percent reduction for recycling. Morrison advised it was anticipated that four bids would be received for recycling, to be opened on January 15th. . Moved by Hansen, seconded by Winiecki, that Council approve the nine applications for 1988 Rubbish Haulers Licenses, as submitted. Motion carried unanimously. (3-0) 1988 BUSINESS LIC'S Council was referred to the list of applications for 1988 Businsse Licenses. Hanaen moved, seconded by Winiecki, that Council approve the 1988 Businees License applications, as submitted. Motion carried. (3-0) REQ. PROCLAIM MARTIN LUTHER KING, JR. WEEK Council was referred to the minutes of the Human Rights Commission meeting; requesting Council to proclaim the week of January 11 through 18, 1988, as Martin Luther Week. King, Jr., Celebration Hansen moved, seconded by Winiecki, that Council proclaim the week of January 11 through 18, 1988, as Martin Luther King, Jr., Celebration Week. Motion carried unanimously. (3-0) CLAIMS & PAYROLL Hansen moved, seconded by Winiecki, that Council approve Claims and Payroll as submitted. Motion carried. (3-0) -. BLDG. INSP. LETTER Council discussed the letter drafted by the Clerk Administrator regarding the poeition of Building Inspector/Code Enforcement Officer. Hansen suggested that before advertising for the position, Council may consider discussing the duties of the position with the current Building Inspector. After discussion, Council concurred to direct the Clerk Administrator to draft a position description for Council approval at the next regular meeting on January 25th; also requested Morrison direct an inquiry to the former administrative staff relative to job performance and Building Inspector's awareness of Council's past concerns. ADJOURNMENT Hansen moved, seconded by Winiecki, that the meeting be adjourned at 10:25 p.m. Motion carried unanimously. (3-0) tf~A/P1d~ Robert L. Woodburn Mayor NOTICE OF MEETINGS . The next Regular Council Meeting will be held on Monday, January 25, 1988, at 7:00 p.m., at the Village Hall. (Closed Meeting between 7:00-7:30 p.m., Labor Negotiations)