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HomeMy WebLinkAboutCC 10-26-1987 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING October 26. 1987. 7:30 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notlce thereof. Acting Mayor Hansen called the meeting to order at 7:30 p.m. ROLL CALL The roll being called the following members were present: Acting Mayor Nancy Hansen. Councllmembers . Thomas Sather, Gary Peck and Jeanne Wlniackl. Abaent: Mayor Robert Woodburn. Also present: Attorney Jamea Lynden, Parks Dlrector John Buckley, Public Works Supervisor Robert Raddatz, Clerk Admlnistrator Patrlcia Morrlson and Deputy Clerk Catherine Iago. APPROVE MINUTES Moved by Peck. seconded by Sather, that Councl1 approve the mlnutes of Regular Council meeting of October 12, 1987, aa submltted. Motlon carried unanimously. (4-0) BUSINESS FROM FLOOR None. ORD. 11251; EXTERIOR Council was referred to a letter from Attorney, dated CONSTR, FINAL RDING 10-5-87, relative to the eecond draft of the exterior completlon ordinance. Lynden explalned that the Buildlng Inspector had expressed concern regarding the lssuance of the Certiflcate of Occupancy; related to the possible problems with delaying financing for homeowners lf the Certificate of Occupancy were delayed becauee lawn or drlvewaywas not completed due to weather conditions. The Attorney advised that the Clty of St. Paul had adopted an ordinance . relating to Nuisancea; the ordinance incorporated exterlor completion and provided for the City to complete the work, if not done within a certain tlme perlod, and charge the coats back to the property owner. It was hla opinion that lt would be lesa costly to delay issuance of the Certificate of Occupancy. The Attorney suggested a provlsion be lnserted ln the Occupancy issuance for certaln grievous situatlons to be brought to Councll attention for their consideration. He suggested the insertion of the following language in Section 6-128, last aentence to lnclude: " ...or the City Councl1 has granted an exception as indicated ln Sectlon 6-75(a) and (b) of this Code," Councilmember Sather explained that certain items. auch .as sodding or drlveway completion. are not contingent upon flnanclng approval. Councilmember Winieckl suggested allowing a 240 day time period for completion be incorporated into the Ordinance; which would allow the homeowner to complete the sodding and other items that could not be dona durlng wlnter months. Council dlscusaed enforcement of the ordinance; questloned if a fine could be imposed, suggested lt would be dlfficult to evict residents if exterior work . was not completed. . Attorney Lynden suggested that the Nuisance Ordinance in the Arden Hllls Code could more speclfically address exterior completlon, After discussion, Council concurred to direct the Attorney to compare St. Paul's Ordinance wlth Arden Hill's Ordinance and recommend changes, and, that the language change recommended by the Attorney be incorporated into the draft ordinance and returned to Councll for review. ORD. 11252; SPEC. EVT. Council was referred to Ordlnance No. 252; pertaining SIGNS, FINAL READING to limiting the number of Special Event Signs permltted in the City of Arden Hills per year. Attorney Lynden read the Ordlnance ln full. Acting Mayor Hansen commented that she had received support of residents in the area favoring the proposed Ordlnance. Councllmember Peck expressed opposition to the ordlnance; it was his opinion the ordinance was restricting businesses in the City. Councilmember Sather . agreed; he noted that buslnesses currently pay a fee for special event aigns, are limlted to the number of days the sign can be placed on their property and must request Council approval, ln his opinion, llmiting the number would be too restrictive. Mlnutes of the Regular Council Meeting, October 26, 1987 , Page 2 SIGN ORD (Cont'd) Councllmember Winieckl dlsagreed; it was her opinion that each business currently has adequate signage and lt is an unfair advantage to the businesses who do not use special event slgns to allow an unlimlted number to those who do. The Clerk Admlnistrator advised that the maln reason for proposing the number . limitation was for aesthetics and it was the opinion of the staff that Special Event Signs should be limited to, such as an annual sale or a grand opening. Moved by Winiecki, seconded by Hansen, that Council adopt Ordinance No. 252. AMENDING 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. Motion falled. (Winiecki. Hansen voting in favor; Sather and Peck opposed) (2-2) ORD #253; CODE VIOL. Moved by Winiecki, seconded by Peck. that Council waive ENFORC., FINAL RDING reading on Ordinance No. 253. Motion carried unanimously. (4-0) Moved by Sather, seconded by Peck. that Council adopt Ordinance No. 253. AMENDING CHAPTER 2 OF THE ARDEN HILLS CODE BY RESERVING SECTIONS AT THE END OF ARTICLE III THEREOF FOR FUTURE USE AND BY ADDING THERETO A NEW ARTICLE IV ENTITLED "ENFORCEMENT". AND A NEW SECTION 2-94 PERTAINING TO ISSUANCE OF ORDINANCE VIOLATION SUMMONSES. Motlon carried unanimously. (4-0) PROP. ANIMAL Councll was referred to a draft of a proposed contract POUND CONTRACT between the City of Arden Hills and Brighton Veterlnary clinic. . Acting Mayor Hansen queationed if Dr. Hedges of the Cllnlc had been advised of the lnsurance requirements as proposed in the contract. The Clerk Administrator advlsed Council that ehe had sent a copy of the proposal to Dr. Hedgea. Peck movad. seconded by Winiecki, that Council approve the Animal Pound Contract as submitted. and. furthermore. authorlze the Acting Mayor and Clerk Administrator to slgn the contract on behalf of the Clty of Arden Hl11s. Motlon carried unanimously. (4-0) RES. #87-66; FEES Council was referred to the resolution establishing FOR ANIMAL CONTR. fees for animal control. Acting Mayor Hansen questioned if the lsolatlon fees for cats and dogs were charged in addition to the boardlng fee. The Clerk Administrator stated the fees were quoted from the Brighton. Veterinary Clinic. Peck moved. seconded by Sather, that Councl1 approve . Resolution No. 87-66. Resolution Eatablishlng'fees' for Animal Control. Motlon carried unanimoualy. (4-0) RES. #87-67; SETTING Council was referred to a draft of the resolution MORATORIUM ON ADD'L setting a moratorlum on additlonal charitable gambling CHAR GAMBL LICENSES licenses. The Attorney commented that the moratorium would remain in effect until such time as the Council approved and adopted a charitable gambllng ordinance; he urged Council approval of the resolution. Acting Mayor Hansen questloned lf the number of licenses issued would remain the same or if the number would be reduced if a current charity were to withdraw or become lnellgible for licensing. Lynden commented that the Council could approve another charitable organization and allow the same number of current 11censes next year; he explained that all the 11censes are issued on a yearly baals. . r Minutes of the Regular Council Meeting, October 26, 1987 Page 3 RES 87-67 (Cont'd) After discussion, Council concurred that they would prefer to have the resolution speclfy the number of licenses to be issued. The Attorney suggested the followlng changes in the resolution: . The first paragraph of the propoaed resolutlon remain the same; second and third paragraphs be deleted and the following three paragraphs be inserted: "Whereas, nine charitable gambling licanses have been issued and the Council desires to issue no more pending preparation of such ordinance, and Whereas, the Council has further determlned that it is not appropriate to consider any additional applicatlons untl1 such tlme as an ordinance is adopted, Now, therefore, be it resolved, by the Council of the City of Arden .Hills that commencing this date there shall be nlne charitable gambling 11censes in the City and a moratorium on the issuance of any additional charitable gambling licensea until such time as an Ordinance has been approved and adopted by the Arden Hills City Council; and," The last paragraph of the proposed resolution remaln the same. Dick Grayson, Attornay representing Walsh and Associates, stated his client's prlmary concern was a "phase-out" of charitable gambllng. He advlsed Council that his cllent had spent conaiderable tlme and funds to establish the Pot . O'Gold Blngo Parlor in Arden Hills. Grayson stated that since the resolution did not include a "phase-out" it was satisfactory to hls cllent. Greg Rebow. Attorney representing the aeven charities which operate charitable gambling in the Pot O'Gold Bingo Parlor, stated hls clients' primary concern was also the "phase-out" of charltable gambling; they had no problem with the resolution as amended. Rebow advised that hla clients would like to contribute to the community and lntend to be good neighbors; he asked that he be contacted should any problems arise wlth the operation of the Blngo Parlor. Herb King, member of the Light Brigade, commented that the Bingo Parlor has made a generous contribution to the completion of the llghting at Mounds Vlew High School and it is his oplnion that the operation of the Blngo Parlor is well organlzed, friendly and clean. He expressed hls aupport of the charltable gambling in Arden Hills. Peck moved, seconded by Sather, That Council approve Resolutlon No. 87-67, Settlng a Moratorium on Additional Charitable Gambling Licenses and Authorizing the Clerk Administrator to Reject Applications Therefor, with addltional language as amended by the City Attorney. Motion carried unanimously. (4-0) . CASE #87-28; SUP Peck moved, seconded by Winiecki that Council approve RADIO ANTENNA, 1541 the Special Use Permit fo~ Radio Antenna, 1541 EDGEWATER, KAHNKE Edgewater Avenue, Joseph Kahnke, as amended and presented to the Councll at their ragular meeting of October 12, 1987, and, furthermore, authorize the Clerk Administrator to sign the document. Motion carr led unanlmously. (4-0) Acting Mayor Hansen advised that tha Zoning Adminlatrator had deemed the changes in the propoaal to be lnslgnlflcant to warrant referral to Plannlng Commisaion for an additional public hearing. CASE #87-30; SUP Peck moved, seconded by Winiecki, that Counel1 approve ROOF SIGN, 3628 Special Use Permit for Rooftop Sign, 3628 Connelly CONNELLY, TRANS. Avenue, Transportation Electronics, and, furthermore, ELECTRONICS that the Clerk Administrator be authorized to slgn the document. Motion carried unanlmously. (4-0) U.S. ARMY RESV. Council was referred to a memorandum from Attorney, TRAING. CENTER dated 10-23-87, relative to jurlsdictional latitude of the City regarding the U.S. Army Reserva development. . Lynden informed the Council that in his opinion the City has jurisdiction until such tlme as is proven otherwise. Acting Mayor Hansen agreed and commented that Council and staff should continue to offer suggestions for the project that would be beneficial to enhancement of the City, as well as the project. Minutes of the Regular Council Meeting. October 26. 1987 ~ Page 4 ARMY TRAING.(Cont'd) After discussion. Council concurred to direct the Clerk Administrator to draft a letter with a definitive statement to the architects for this project relatlng the Council concurrence wlth the Attorney's opinlon. Councilmember Sather asked that the Clerk eliminate any reference to the City . provlding utilities for the arsenal property when drafting the letter to the architects. REPORT OF PARKS DIRECTOR FALL PROGRAM Council waa referred to Buckley's memorandum (10-9-87) LEADERS recommending lndlviduals to be hlred as Fall Program Leaders. Winiecki questioned the higher rate paid to the Karate instructori also asked .for_comparison to 1986 rate. Buckley advised that some instructors prefer to be paid by student, while other request an hourly ratei he pointed out that the class is one hour. twice a week. and lt ls difflcult to find qualified lnstructors for less money. Peck questioned what the fee was for the class. Buckley advlsed the current fee ls $16.00 per hour, per student, Peck moved. seconded by Sather, that Council approve . the Fall Program Leaders. as outlined in the Parks Director's memorandum of 10-9-87, Motion carried, (Peck. Sather and Hansen voting in favor; Winiecki opposed) (3-1 ) RECYCLING PROPOSAL Council waa referred to the report of Paul Malone. dated October, 1987, on a Solid Waate Management Plan. Malone reviewed the objectives, methodology, funding, economic incentives to reduce waste and encourage participation ln recycling. and removal of a significant portion of yard waste from che refuse stream. After revlewlng the report. Malone summarized the Council actions necessary to initlate the plan: 1. Authorize the staff to solicit bids for curbside recyclable plckup. 2. Auchorlze the staff to apply for recyclable pickup relmbursement grants, 3. Authorize the amendment of hauler 11censes to requlre the provision of 15% discounts to residents 11~iting waste to 60 gallons beginning 7-1-88. Acting Mayor Hansen supported the proposal, however. commented that the July 1988 effective date may not be enough cime; suggested che issuance of 11censes . in January of 1989 may glva Che haulera a llttle more lead time The Clerk Administrator advised that staff anticipated sending nocice of the provision when mailing che 1988 license renewal forms; ahe suggested Council may condition approval of the 1988 Rubbish Haulers License on their ability to comply with item #3 above. Morrison advised that the discount would be offered and initiated only by customer request. Peck moved, seconded by Winiecki. chat Councl1 authorize staff to aolicit bids for curbside recyclable pickup. authorlze staff to apply for recyclable pickup reimbursement grants. and. furthermore. authorize the amendment of the Rubbish Hauler License to require the provislon of 15% discounts to residents 11miting waste to 60 gallons, beglnning July 1. 1988. Motlon carried unanimously. (4-0) Acting Mayor Hansen thanked Malone for his presentation and advised that she and Malone were willing Co participate ln writing the grant applications for fund reimbursemenc. REPORT OF TREASURER INVESTMENTS Clerk Administrator Morrison reported the following . Investment: 10/15/87 - $100.000.00. at Oak Park Heights, @ 9%, to mature 10/15/87. Minutes of the Regular Councl1 Meeting, October 26, 1987 Page 5 TREAS RPT (Cont'd) Sather moved, seconded by Peck, that Council. ratlfy the Treasurer's report. Motlon carried unanimously. (4-0) OTHER BUSINESS . MPC "SUPER FUNDS" Moved by Wlnieckl, seconded by Peck, that Council authorize the Clerk Administrator to wrlte a letter to the proper State officlals requestlng that the "super funds" monles in the amount of $24,046.99, owed to the City of Arden Hllls, be paid promptly, with interest, and that the matter be placed on their priorlty 11st. Motion carr led unanlmously. (4-0) PROGRAM LEADERS Councilmember Wlnieckl explained that her vote ln opposition of the .Fall Program Leaders related to the fact that she would prefer to have the Karate claes fee lncreased to cover the instructor feee, MEETING DATES Acting Mayor Hansen reported on the following meeting dates: The 10-29-87 meeting wlth Shoreview has been postponed. The Rendering Plant Subcommlttee meetlng wll1 be held 11-18-87, from 7:00-9:00 p.m.; she encouraged Councllmembers to attend. The Ramsey County Llbrary meeting will be held 10-29-87, at 7:30 p,m" at the . New Brlghton Clty Hall, The Ramsey County League of Local Government meetlng will be held on 11-18-87; Hansen will not be able to attend. MISCELLANEOUS Actlng Mayor Hansen reported that former Mayor Bob Nethercut has recelved the Donald C, Carroll Public Service Award for outstanding contributlons to the Twln Cities Metropolltan Area; Councl1 offered their congratulations to Nethercut, APPTMT TO RCW DIST. Acting Mayor Hansen recommended that Councl1 nominate Gerald A. Sande to serve as Rice Creek Waterahed District Manager; Council concurred wlth the recommendatlon. REPORT OF CLERK ADMINISTRATOR AUDIT REPORT The Clerk Administrator advised Councllmembers that upon appointment of a new Treasurer, Mlnnesota Statutes require an audlt be made. A copy of the audlt report was enclosed with the Agenda packet for Councl1 revlew. Councilmember Peck suggested the Flnance Committee recelve a copy of the audit . report. Peck also expressed concern relative to the abundance of CD's ln one lnstitutionj questloned City policy regardlng.inve~tments. Morrison advised that Council authorizes a certain number of depositoriea at the beginning of each calendar year; the Treasurer contacts each deposltory and makes investments at the best interest rates, after determlning the deairable maturity date. After discussion, Councl1 concurred that the Treasurer should consider taklng a sllghtly lessor interest rate upon investment ln order to spread the amount of monies to other institutlons. Councl1 favored 11mltlng lnvestments ln anyone instltution to one mlllion dollars or leas. Morrison advlsed that lnvestments are collaterallzed at 140% when dealing with an investment organizatlonthat has mortgages, and the CD's are collaterallzed at 110%, so all monles ln each organizatlon are properly covered. SPEED LIMIT; The Clerk Administrator advlsed Councl1 that the DNR LAKE JOHANNA had approved the proposed Ordinance for limlting the speed limlt on Lake Johanna to 40 mph. Morrison noted that the Ordlnance amendment would become effectlve upon publlcation. . Minutes of the Regular Councl1 Meeting, October 26, 1987 Page 6 DATA TRANSFER; The Clerk Admlnistrator advised Council that Control COMPo WORTH Data Business Advisors had been dlsbanded and a company known as PDI was formed to carryon the services previously proposed to be instituted by Control Data. In order to continue partlclpatlon in the maintenance of the Jolnt Comparable Worth Study of the Metropolitan Area Management Assoclatlon each partlcipant has been requested to . pay a base fee plus $1.50 per employee. Morrison recommended that Arden Hl1ls remaln lnvolved ln the process, as the process is on-golng, and authorlze the expenditure of $272.50 for the subscriptlon service. Winiecki questioned the benefit of the servlce, Sather advised that in his opinion it is a worthwhile investment; the information available for labor negotlations, data relative to job descriptions, and wage information would be extremely useful. Peck moved, seconded by Sather, that Councl1 authorize the expenditure of $272.50 for the City of Arden Hills partlcipatlon ln the P.D.I. maintenance, of the Joint Comparable Worth Study of the Metropolitan rea Management Associatlon. Motlon carrled unanlmously. (4-0) CLAIMS & PAYROLL Peck moved, seconded by Sather that Council approve Claims and Payroll as submitted. Motion carried unanimously. (4-0) REPORT OF PUBLIC WORKS SUPERVISOR SALITROS PROPERTY Publlc Works Supervlsor Raddatz advised that he and . SEH were planning to run a smoke test on the sewer line at the Salltros property on North Hamllne on 10-17-87; the test is to try to determlne the reason for the odor emission problem at the residence. Raddatz advised that the sewer line has been televised twlce and no problems were noted in the line. He wll1 report the results of the test at a futuremeetlng. TREE REMOVAL Council was advised that Don Zehm had been working wlth DONALD ZEHM staff to make suggestions relatlve to OSHA compllance; in 11eu of payment for hla services Zehm had requested the City remove a tree from the boulevard on his property. Raddatz asked for Councll dlrection relative to the requeat. After discusslon, Council concurred that many other cltizens have donated thelr tlme to the Village and they preferred not to set a precedent; co~ented that thls was not an easy decialon and extended thanks to Zehm for hia aervlce to the Village. ADJOURNMENT Moved by Peck, seconded by Wlnieckl, that the meeting be adjourned at 9:30 p.m. Motlon carrled unanlmously. (4-0) . r c\ I Patricla J., orrison Clerk Administrator NOTICE OF MEETINGS The next Regular Council Meeting wl11 be hald on Monday, November 9, 1987, at 7:30 p.m., at the Village Hall. .