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HomeMy WebLinkAboutCC 05-26-1987 , ~INUTES OF THE ARDEN HIL~REGULAR COUNCIL MEETING Monday, May 26, 1987, 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, Thomas Sather and Jeanne Winiecki. Councilman Gary Peck arrived at 8:05 p.m. Also present: Treasurer Donald Lamb, Public Works Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. APPROVE MINUTES Council concurred that Plumbers should be deleted from the motion which directs the drafting of an Ordinance Contractor's Licenses, page 6 of the May 11, 1987 Council the fact that they are licensed by the State. , which establishes minutes; based on Moved by Sather, seconded 'by Winiecki, that Council approve the minutes of the Regular Council Meeting of'May 11th, as amended by deleting Plumbers from the motion on page 6, relative to Contractor's Licenses. Motion carried unanimously. (4-0) RES. NO. 87-25 VALENTINE SCH. 6th GRADE Councilmembers were introduced to students from Valentine Hills Elementary School Sixth grade class and presented buttons proclaiming them honorary members of the Class of '93. Mayor Woodburn read the resolution honoring'the sixth grade class and talked _4II'ith Ann Fable, Class President and two student representatives. Moved by Hansen, seconded by Sather, that Council approve Resolution No. 87-26: RESOLUTION HONORING VALENTINE HILLS SCHOOL SIXTH GRADE CLASS UPON COMPLETION OF SIXTH GRADE. Motion carried unanimously. (4-0) BUSINESS FROM FLOOR ASSESSMENTS; JOSEPHINE HILLS Steven Freimuth, President of the Josephine Hills Association, appeared before the Council. He explained the function of the Josephine Hills Association was to further civic improvement, aid and preserve community health and welfare and promote recreational activities for its members. Freimuth advised that the association is a non-profit organization and became owners of the land Dr. Ingerson had set aside for this use in 1961. Under recent State law, this land is being assessed at a fair market value under its best use criteria, rather than assessed as it is being used under the association's articles of incorporation Freimuth requested Council assistance in reducing the assessment and suggested: . - Council may consider restricting the use of the land by Zoning. - Council may send a letter to the State Representative Tony Bennett and State Senator Fritz Knaak requesting that they address the State Law to provide different criteria or classification of this land. - Council may have alternative solutions. Mayor Woodburn reviewed a letter from the Village Attorney relative to the complexity of declaring a lot buildable or not; the Attorney expressed concern that each lot would have to be considered individually and there are numerous variables to consider, such as size of the lot, if variances would be required and review of similar lots to determine buildability. Lynden advised this could become quite cumbersome for the Council. There was discussion of the parcel of land, its uses and the fact that the land is separated by an extensive ditch and swampy area; there is actually only an approximate 60 ft. wide strip of high ground that is usable. Freimuth requested Council pass a favorable resolution to the appropriate state agents to address the State law and encouraged Council to explore restricting the land use through zoning. He stated it is his opinion this is a unique situation because of the ownership by a non-profit organization and the restricted uses of the land by the organization's articles of incorporation. ~ouncil discussed the possible zoning of this parcel to a private recreational classification and incorporating that classification into the current zoning code. Minutes of the Regular.uncil Meeting, May 26, 1987 Page 2 . . .. ASSMTS. (CONT'D) Council requested the Clerk Administrator explore the zoning classification possibilities for recreational areas with Planner Miller; discuss with the State Senator and Representative exactly what provisions are allowed by law for this type of land use classification and report back to Council at a future meeting. . HWY.96 PLANNING MTG. REPORT Thomas Mulcahy, 3530 Siems Court, reported on the Highway 96 Corridor Planning Committee meeting. Mulcahy advised that the development of Highway 96 would probably begin on the east end of the Highway, in the White Bear Lake Area, and it this time Arden Hills should closely watch the development process by continuing to attend the meetings. He also stated the meetings are very informative and presented the Clerk Administrator with the State Report for the office files. Mulcahy added that the Council should give careful consideration before approving any additional access points along Highway 96'over the next few years. The next meeting will be held on 6/25/87, 7:30 p.m., Shoreview City Hall. Council thanked Mulcahy for his interest and information. CASE NO. 87-14; SETBACK VARIANCE ALPO FOODS, INC. Council was referred to the Board of Appeals minutes 5/28/87, recommending approval of the ~ear Setback, Variance for Alpo Foods, Inc. Harvey Stewart, General Manager of Alpo Foods, appeared before the Council to answer questions. . Council discussed the proposed location for the addition which will house the tallow for storage and processing. Stewart explained that the Engineering consultant hired by Alpo had studied the placement of the addition to determine the best location for processing. . There was discussion relative to height of the addition, plantings, tallow processing and odor emission. Stewart advised the company had purchased a charcoal filtering system that meets EPA standards to alleviate odors from the processing at the plant. Mayor Woodburn noted that Arden Hills does have an odor inspector and his standards are based on the EPA standards for odor emission. Councilmember Winiecki advised she is not convinced the addition must be placed in this location; she illustrated how the addition could be located so that a variance would not be necessary. Hansen moved, seconded by Sather, that Council approve Case No. 87-14, Site Plan Review and Setback Variance, Alpo Foods, Inc., based on the Board of Appeals unanimously recommending approval and their reasons listed in the minutes of 5/21/87: 1. The General Manager's assurance that the system is sealed and should not emit additional odors; 2. The new tallow processing promotes better safety inside the plant; 3. The applicant has . provided plantings to screen the building from adjacent residences; 4. The 50 ft. public pedestrian walkway provides additional separation from the adjacent residential lots; and 5. The fact that the zoning boundary line was moved to the applicant's property line, due to the City obtaining the 50 ft. easement for a pedestrian pathway, necessitating the variance request. Motion carried. (Hansen, Sather, Peck voting in favor; Winiecki and Woodburn opposed) (3-2) In discussion, Councilmember Winiecki stated that although the reasons listed in the motion are reasonable; it is her opinion that there is no necessity for a variance request if the tank placement was moved to the location she illustrated. Councilmember Sather commented that the Engineering Consultant for Alpo has designed the location of the tank in immediate' proximity to where it is used and it is his opinion that it would not be reasonable for Council to place restrictions on the design. He stated that if the Alpo company were planning a major expansion in the future which would change the interior design of the plant, Council could request the applicant to move the addition in conjunction with that expansion to an area that would conform without a variance. Harvey Stewart explained that the location of the addition is more accessible ... for deliveries and better facilitates snow plowing. ~ , Minutes of the Regula~uncil Meeting, May 26. 1987 . Page 3 ARDEN OAKS CT. LIGHTING REQ. Council was referred to Public Safety/Works Committee minutes of 5-21-87; relative to a request for residents of Arden Oaks Court to place decorative street lights on their properties in the City's easement. . David Angell and Gary Kremer. residents of Arden Oaks Court, were present and advised Council that they would like to install, at their own expense, decorative streets lights on each of the seven lots in the cul-de-sac. They stated that the street is dark, there has been vandalism in the area and it is their opinion the lights would promote a safer neighborhood environment. Kremer stated the residents would pay for the installation, electricity and maintenance, however, they are requesting permission to place the lights near the curb, in the City's easement. Council discussed whether or not the placement of the lights would interfere with snowplowing and questioned liability for damage to the lights. Paul Malone, member of the PS/W Committee. advised Council the Committee members were not opposed to the lighting concept; their concern was in setting a preceden~ by allowing placement in the City's easement. Since the meeting, however, Malone noted that he has seen other areas of the City where the lights are placed on the easement. Kremer commented that the may aid the plowing crews plowing in the area. light placement, near the curb boxes and mailboxes, in determining how far away they should stay when . . In discussion, it was noted that there would be seven lights which are powered individually to each home, therefore, the homeowner assumes responsibility for maintenance and installation. Council concurred that the lights should be placed no closer than the curb boxes, approximately 3 ft. from the curb, and preferably behind the boxes. Moved by Hansen, seconded by Peck, that Council approve the request for the residents of Arden Oaks Court to install and maintain, at their expense, decorative street lights on their respective properties upon the City's easement; contingent upon the placement of the lights being in line with or behind the existing curb boxes on their properties and in no case closer than 3 feet to the curb. Motion carried unanimously. (5-0) WATERMAIN EXT. AGREEMENT Public Works Supervisor Raddatz advised Council that he prefers to withdraw his request for extension of the watermain on public right-of-way to serve his property stated the Engineering costs were, in his opinion, on Round Lake. He exorbitant. . PARK DEDICATION EDGEWATER EST. Council was referred to letter from Attorney Thomas Zappia, dated 5-13-87, regarding the Park Dedication fee for Edgewater Estates. Councilman Sather explained the proposal of 1.6 acres of land and an additional monetary fee equal to .54 acres of land which was calculated at $1,435.80. Sather recommended Council approval of the proposed park dedication; he also advised that Mr. McGuire would request an occupancy certificate in July, however, there are two conditions stipulated that would have to be met prior to issuance of the certificate: 1. Approval of the garage sprinkling issue from the LJVFD Fire Chief and 2. Approval of the exterior lighting and landscape plans. Councilmember Winiecki stated she would prefer to see more information on how the land values were calculated. Council discussed the possibility of contacting Ramsey County to obtain the figures for the sale price of the land for comparison with the estimated market values listed in Zappia's letter. Sather noted the park land dedication provides the City access to a park parcel and reminded Council of McGuire's inconvenience during construction of this land due to the construction of the sewer interceptor. He also stated that the land was unimproved and the developer paid his own improvement costs. . Sather moved, seconded by Hansen, that Council approve the park dedication for Edgewater Estates, as outlined in the letter from Attorney Thomas Zappia (5-13-87), of 1.6 acre parcel of land and monetary fee equal to .54 acres of land calculated at $1,435.80, contingent upon the garage sprinkling system issue being approved by Fire Chief Winkel and the landscape and exterior lighting plan approval by Council. Motion carried. (Sather Hansen, Peck, Woodburn voting in favor; Winiecki opposed) (4-1) Minutes of the Regulareuncil Meeting, May 26, 1987 Page 4 . ~ CHAR. GAMBLING Clerk Administrator Morrison advised Council she had DRAFT ORDINANCE discussed preliminarily the matter of drafting the Charitable Gambling Ordinance with Attorney Lynden. She advised that they would like to have an opportunity to review ordinances adopted by other cities; including Little Canada, prior to final drafting of an . ordinance for Arden Hills. Morrison also stated that Lynden would prefer to have more time to study the "phase out" process, to assure it's legality. Council recommended not reviewing the Little Canada Ordinance because of it's length and complexity; consensus was to continue this matter until the Attorney . has prepared the draft ordinance. SEWER UTILITY RATE INCREASE Larry Erickson and Charlotte McNiesh, members of the Finance Committee, were present to answer Council questions and discuss tqe utility rate increase recommendation. In reference to the comment regarding "a minimal amount of cushion" provided in the increase, Erickson advised it is his opinion there is no cushion worked into the rate increase. He explained the Committee took the average, cost increases from the Metro Waste Control Commission and Arden Hills overhead costs since the year 1985. After computation of the overhead costs and the increase percentages the Committee projected the recommended increase may be sufficient throughout 1989. . Council questioned if there would be different sewer rates for different types . of accounts; commercial, residential, non-profit. Clerk Administrator stated the Village Attorney advised it is unconstitutional to charge more to non-profit accounts, therefore, they are charged the same basic rates. Hansen moved, seconded by Peck, that Council approve the Sewer Utility Rate increase, as recommended by the Finance Committee and listed as follows: Commercial - $1.68 ($1.46/thousand gal. flowage, plus $.22) Residential - $31.2) ($27.l6/quarter, plus 15% increase) Seniors - $15.62 (1/2 of $31.23) Council further determined this increase is for usage commencing July 1, 1987, for billing in September of 1987. Motion carried unanimously. (5-0) A confirming and final resolution will be drafted for Council approval. WATER UTILITY RATE INCREASE 1,000 gallons, Sather moved, seconded by Peck, that Council approve the Water Utility rate increase, as recommended by the Finance Committee, that the rates be increased $.17 per effective July 1, 1987. Motion carried unanimously. (5-0) . A confirming and final resolution will be drafted for Council approval. WATER METER DISCREPANCIES Council asked the Public Works Supervisor if there is a Village policy established which provides for charges to residents when the outside water meter does not reconcile with the inside water meter reading. Raddatz noted that no policy has been established to date; the discrepancy between outside and inside water meters was first discovered in the Townhouse Village; he noted the inside meter measures the actual amount used by the homeowner. Mayor Woodburn commented that it is his opinion he would have difficulty assessing charges back to the homeowner for a malfunction in the City's equipment; he asked for Council'comments regarding a policy for assessment of the fee; such as the Village splitting the cost with the homeowner. Councilmember Winiecki asked at what the top dollar figure would be for the Village to split the cost with the homeowner. Raddatz advised it is his opinion that the discrepancy should be paid by the homeowner; rationale is that the outside meter is used for the City's convenience, however, the inside meter measures the amount of water used and is the determining factor in billing for usage. . Minutes of the Reg~lar~Uncil Meeting, May 26, 1987 . Page 5 WATER METERS (CONTINUED) Raddatz suggested conducting a random survey in the Village to determine the extent of meters that do not reconcile. . Councilmember Winiecki suggested a notice could be sent to residents asking them to reconcile the numbers on the inside and outside meters; she commented an amnesty program could be established for payment of differences prior to the survey. Winiecki further stated that residents could be advised it would be beneficial to them to complete the survey, noting if they do not fill out the card, the Village would have to estimate the difference and that could result in a substantial amount charged for actual usage. After discussion, Council concurred to refer this matter to the Public Safety/Works Committee for their review and recommendation. FIRE CONTRACT NEGOTIATIONS Council discussed the current Fire Contract situation with the LJVFD and the three communities. Mayor Woodburn illustrated the current level of participation of the three cities and 'indicated that he and Councilmember Hansen would appreciate Council comments relative to direction for negotiating the Fire Contract. Council consensus was that Arden Hills should begin the negotiating process for the responsibility of capital and operating costs for the equivalent of one fire station. , ... Council comments and concerns expressed: - LJVFD should submit to Council an operating cost proposal for all fire stations. - Council suggested the three cities offer a dollar amount for the operation of all fire stations and the LJVFD work within that budget. - Contract term should be for one year. - Cost breakdown should be provided for operating costs and capital expenditures as separate entities. - Should Council suggest any changes in the level of service provided by the LJVFD. - Should Council consider purchasing and replacing all equipment instead of funding capital. Paul Malone, PS/W Committee member, agreed that Council should consider a cost breakdown for operating costs and capital outlay; and look at depreciation costs on equipment, as funds are currently being accumulated by LJVFD. . After discussion, Council concurred that the Mayor and Councilmember Hansen should begin negotiations for responsibility of the costs of the equivalent of one fire station for a one year contract term, and that the level of service from the LJVFD should be addressed in the long range fire plan. Councilmember Sather left the meeting at 9:20 p.m. REPORT OF PUBLIC WORKS SUPERVISOR AWARD OF BID JETTER TRUCK Council was referred to Raddatz's memorandum (5-21-87) re: purchase of Jetter Truck. Raddatz recommended Council accept the bid from Flexible Tool Company in the amount of $56,775.00. The Jetter Truck was budgeted over a two year period ($33,000 in 1987 and $30,000 in 1988). Raddatz stated that Flexible Tool Company's bid allowed $8,000 trade-in for our old Jetter. Peck asked if the $56,775.00 bid included the discount for trade-in of the old Jetter truck. Raddatz advised 'it did include the discount. . Peck moved, seconded by Winiecki, that Council approve the purchase of the Jetter Truck and award the bid to Flexible Tool Company, cost less trade-in, in the amount of $56,775.00. Motion carried unanimously. (4-0) Minutes of the Regular~ncil Meeting, May 26, 1987 . Page 6 PURCHASE OF Council was referred to Raddatz's memorandum (5-21-87 PARKS TRUCK rel purchase of Parks Truck. Raddatz noted that seven bids were sent out and only one bid was returned,. He explained that the bid amount had increased approximately $1,500.00 from last year and he expressed concern relative to the lack of bidding response. . After discussion, Council concurred to have the Public Works Supervisor contact the other bidders by telephone to determine why a bid was not received and also to obtain information to justify the cost increase in the bid amount from last year. Raddatz advised he would do so and report back to Council. HEDGE/KARTH LAKE CIRCLE Public Works Supervisor advised Council he had checked hedge and discussed the matter with John Lee of SEH; they recommend the homeowner could be contacted relative to moving the hedge back, trimming the hedge down or removing the hedge and putting in replacement p1antings. After discussion, Council concurred that the hedge did not significantly block visibility to require any of the above measures being taken; they asked the Public Works Supervisor to examine the situation from time to time to insure visibility is not being hindered. HAMLINE AVE. STRIPING Public Works Supe~visor advised the placement of the final wear course on Ham1ine will begin on May 27th. He stated that there is a 7 day waiting period before striping will begin; due to the oil in the wear course. Raddatz explained the proposed lane striping and also advised that he is checking the price differential between painting and taping the stripes on the street. . PAVEMENT MGMT. STUDY Raddatz reported been started; he the Public Works project when the budget the Pavement Management Study has questioned if Council would prefer personnel complete the project at this limit of $10,000.00 has been reached. time or stop the Raddatz noted that the project costs are estimated at $12,000.00; and $10,000.00 was budgeted for 1987. After discussion, Council consensus was to have the Public Works personnel and SEH personnel complete the project this year. 1988 RAMSEY COUNTY SHERIFF'S CONTRACT Council was referred to a letter from Commander Bergeron, dated 5-21-87, requesting Council comments on the proposed language changes in the 1988 Contract. Council discussed the following items: . PaKe 2, Item 6: Council determined that the appointment process for a liaison to the Sheriff's Department should be an informal process and therefore, the last sentence under Item #6 should be deleted. Pa~e 2. Item #4: Council objected to the re~ular use of radar in the Village, as this has not been past policy. Pa~e 2, Item #3: Council determined they would prefer to have input regarding standards of performance, as well as, extent of duties and functions rendered by personnel. Section IV, PaRe 5, Items #1 and #2: Council discussed the pro-rata share of the County's total costs being the actual costs for the Village; also questioned the billing procedure. Past policy has been that the Village received an attachment to the contract which specified costs for manpower (as assigned), call charges, and a~ea charges. Council noted that previously the attachment received specified the level of coverage; consensus was that the level of coverage should meet or exceed the prior contract. After discussion, Council consensus was that they would request the County provide an attachment which specifies costs, level of coverage, equipment, manpower, and delineates level of service provided. 4It PaKe 5, Items #2 and #3: Council determined that the 90 day notice for termination of the Contract was not a sufficient amount of time and, furthermore, that the 30 day notice for cancellation of insurance is not a sufficient time period. Minutes of the Regular4ltuncil Meeting, May Page 7 26, 1987 . CONTRACT (CONT'D) PaRe 6. Item #2: Council requested that the County specify a date or time period for payment of credit to the Village for exceeding budget estimates. . Treasurer Donald Lamb reminded the Council that when the Village began contracting for services with the County, the Sheriff's Department assured residents they would maintain the level of service the former Arden Hills Police Department provided; also, the County assured the Council they would have input as to the level, type and quality of service provided. After discussion, Council directed the Clerk Administrator to contact Commander Bergeron and discuss the Council concerns. Morrison asked if Council would like a representative from the County present at a future Council meeting to address these issues. Council stated that unless someone with the authority to change the contract language could be present they would prefer to have the Mayor, who is the Council liaison, discuss the issues with a representative from the County. REPORT OF VILLAGE TREASURER INVESTMENTS Treasurer Lamb reported to Council on the following investments: 5/18/87 - 5/20/87 - $708,816.70 at Twin City $602,838.43 at Twin City Federal, @ 6.38%, to mature 8/17/87. Federal, @ 7.17%, to mature 9/17/87. . . Hansen moved, seconded by Peck. that Council ratify Treasurer's report. Motion carried unanimously. (4-0) Treasurer Lamb questioned if Council was planning to set aside any funds for a fire station in the next 12 months. Council advised they are not expecting any expenditures of this nature; they will be discussing long range planning for fire needs. OTHER BUSINESS Councilmember Winiecki questioned the use of the dirt path between Highway 10 and Highway 96 for traffic purposes. The Public Works Supervisor suggested he would discuss with the County or State agencies the placement of dirt piles or posts in that area to discourage the traffic. Councilmember Peck asked Council if they determined it would be necessary to remove the no parking signs in the Mounds View School area for the summer months; it is his opinion that the time span of two months does not warrant removal and replacement of the signs. Council consensus was to leave the signs . in place this summer and review the matter in the fall. Counci1member Hansen advised there would be a Water Quality meeting on May 27th, at 7:00 p.m., at Shoreview City Hall. Hansen questioned if Council would favor the purchase of a State Flag for the Village Hall. She noted the flags cost approximately $80.00, however, she indicated the State may distribute flags they have flown on the Capital building for free to certain agencies. The Clerk Administrator advised she would contact the State regarding this matter. Hansen suggested Council discuss Solid Waste Management in the near future. PART-TIME EMPLOYEE VILLAGE HALL MAINT. Hansen moved, seconded by Winiecki, that Council approve hiring Maureen Winkel as a part-time employee to perform maintenance for the Village Hall offices on a 4 hour per week flexible schedule, at a rate of $6.50 per hour, effective June 1, 1987. Motion carried unanimously. (4-0) There was discussion relative to insurance coverage provided and it was determined that the City's insurance policy would cover Maureen as a part-time ~ employee, as she will be paid through payroll process. LONG RANGE FIRE PLANNING MEETING Councilmember Hansen suggested Council consider beginning discussion of Long Range Fire Planning at this time, rather than next fall. After discussion, Council concurred to hold a Long Range Fire Planning meeting on June 1st, at 5:30 p.m., at the Village Hall. Minutes of the Regula.ouncil Meeting, May 26, 1987 . Page 8 NO. HGTS. CHURCH LIGHTING COMPLT. Mayor Woodburn questioned if the lighting problems at North Heights Lutheran Church had been corrected; complaints were received from residents that the. lights top of the church building. are too bright at the Clerk Administrator advised she would contact Arlo Lien to see if the problem has been corrected. . BOARD OF APPEALS APPOINTMENT Mayor Woodburn nominated Rosalie O'Neill-Hedlund for appointment to the Board of Appeals, to fill the vacancy created by Tim Tuggle's reSignation. Hansen suggested the Planning Commission members serve, in rotation, on the Board of Appeals. Peck moved, seconded by Hansen, that Council ratify Mayor Woodburn's nomination and appoint Rosalie O'Neill-Hedlund to serve on the Board of Appeals. Motion carried unanimously. (4-0) REPORT OF CLERK ADMINISTRATOR RES. NO. 87-26; EST. SAC CHARGES Moved by Hansen, seconded by Peck, that Council approve Resolution No. 87-26; RESOLUTION ESTABLISHING SEWER AVAILABILITY CHARGE (SAC) AND ABOLISHING RESOLUTION NO. 85-65. Motion carried unanimously. (4-0) . CLAIMS & PAYROLL Moved by Peck, seconded by Hansen, that Council approve Claims and Payroll as submitted. Motion carried. (4-0) . ADJOURNMENT Hansen moved, seconded by Peck, that the meeting be adjourned at 11:20 p.m.. Motion carried unanimously. (4-0) jf ~~~~"-/ Robert L; Woodburn Mayor NOTICE OF MEETINGS There will be a Special Council meeting held on Monday, June 1, 1987, at 5:30 . p.m., at the Village Hall. The next regular Council meeting will be held on Monday, June 8, 1987, at 7:30 p.m., at the Village Hall. .