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HomeMy WebLinkAboutCC 04-26-1999 . . . MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING APRIL 26, 1999 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Gregg Larson, Paul Malone and Lois Rem. Absent: None, Also present were City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; Public Works Director, Dwayne Stafford; City Attorney, Jerry Filla; Associate Planner, Nancy Randall; and Recording Secretary, Lori Rolfson, ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to adopt the agenda for the April 26, 1999, regular City Council meeting, as submitted. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. March 29, 1999, Regular Council Meeting B. April 12, 1999, Regular Council Meeting C, April 19, 1999, Council Worksession Mr. Fritsinger requested the following addition to the April 19, 1999 Regular Meeting Minutes: on page five, the first paragraph should end, "The City Council concurred." Mayor Probst requested the following change to the April 12, 1999 Regular Meeting Minutes: On page nine, fourth paragraph, the second sentence should read" ...a steady stream of people and Army personnel." With regard to the fourth paragraph from the bottom of page nine, Mayor Probst stated he had not been invited to the Governor's 1998 Acts of Kindness Volunteer A wards. Rather, he had been invited to offer a nomination for the award. Councilmember Larson requested the following change to the April 12, 1999 Regular Meeting Minutes: On page seven, third paragraph under Council Comments, the reference to County Road F should be changed to Lake Valentine Road, MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve the meeting minutes ofthe March 29, 1999, Regular Council Meeting, as submitted, the April 12, 1999, Regular Council Meeting, as corrected, . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 2 and the April 19, 1999, Council Worksession, as corrected. The motion carried unanimously (5-0), CONSENT CALENDAR A. Claims and Payroll B. Change to Summer Hours C. 1999 Business License Renewal MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0), PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. UNFINISHED AND NEW BUSINESS A. City Hall, AudioNisual Budget Discussion Mr. Fritsinger explained that, on March 15, 1999, the City Council discussed various costs associated with the new City Hall facility. At this meeting, the City Council directed the City Administrator and Architect to meet with the AudioNisual Consultant, Electronic Interiors, Inc., to discuss the reduction of program costs in the area of audio/visual. The estimated budget amount was derived from a series of meetings over the last few months between staff and Electronic Interiors. Additionally, some Councilmembers toured other City Hall facilities in ordcr to provide the design consultant with suggestions for the Council chambers, The original design concept had been estimated at over $200,000. Some items that were felt to be inappropriate for the Council chambers had been removed and the result was the estimated budget of $175,000. The Council had expressed a strong interest in reducing this budget even further. On April 13, 1999, a meeting was held where this message was communicated to Electronic Interiors, At the meeting, several methods for reducing the estimated project cost to approximately $120,000 were discussed. Electronic Interiors was directed to prepare a detailed summary of the areas where savings could be made, and then to prepare an outline that discusses the impact to the audio/visual program, if such changes were implemented, Mr. Fritsinger stated that a bench handout had been provided to the Councilmembers, depicting an earlier design of the Council chambers, in order to visualize the proposed changes. . . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 o ,) Mr, Fritsinger advised that the City Council was asked to provide direction on the proposed changes in the scope of the program for audio/visual services. He invited Electronic Interiors, Inc" representative, Mr, Dickson Stewart, to provide any additional information he may have. Mr. Stewart pointed out that Electronic Interiors is a consultant, not the supplier or vendor of any products. Electronic Interiors does not receive any compensation for the specification of any product. He stated that the audio/visual project started out at approximately $234,000, which was the programming goal, Following meetings with Mayor Probst, Councilmember Aplikowski and City Staff, a design was generated to meet the wish list of the City, This reduced the estimate to approximately $175,000. A list of potential cuts was generated which primarily affect some of the quality and flexibility in areas that will compromise the project the least. The cut backs mostly involved future equipment while still providing an infrastructure which could be built on to in the future when other equipment and funds become available. There are three major components that make up the $120,000 installed project cost. The audio system will be more sophisticated than the current system to allow the audience to hear the meetings better. The audio system will also allow for the taping of the meetings. The cable cast system will involve two cameras, with the capability of adding a third camera in the future, The third major component is the presentation system. The current presentation system consists of an overhead projector. The proposed system would involve an overhead electronic camera to cover material, a VCR and the capabilities of a laptop or multimedia personal computer. This will allow direct broadcast to the viewers at home, Small monitors had been proposed for the dais to allow the Council to view the rear screen from the dais, It was suggested that these monitors be eliminated at the dais as a cost savings measure. This will allow use of the rear screen and the possibility of installing the monitors at a later date. There is no plan to cut any infrastructure out of the building itself that would prevent installation of the items being cut from the current project. Mr. Stewart indicated that if the Council is looking for a budget reduction beyond the estimated $120,000, the only additional item he would suggest cutting would be the overhead document camera, This camera allows a drawing to be placed on the lectern and automatically be picked up on the camera on the ceiling and projected to the view screen, Eliminating this camera would save $8,000; however, it would cut deeply into the capabilities of the system, Any further reductions in the budget would require the elimination of an entire system in order to save a significant amount of money. Reductions of this magnitude would make the system dysfunctional, difficult to use, and would likely cause frustration. Mayor Probst asked where the proposed cameras would be located. Mr. Stewart stated that one camera would be behind the Council to mm the audience and the lectern, Another camera would be located near the entry door. The third camera, located in the corner, would be a future addition. . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 4 Mayor Probst asked Mr. Stewart to further explain the statement in the summary report that some of the proposed changes will reduce the quality of the images, Mr. Stewart explained that most of the areas of quality being cut would affect the operators in the control room and their ability to do their job seamlessly. Other quality cuts were in the camera systems. The brand of cameras was switched and there is a minor difference in quality, which would only be seen when comparing the two cameras side-by-side. Mr. Stewart stated that there had been a choice between three-chip cameras versus one-chip cameras, The cameras being proposed are three-chip cameras and he would not recommend the use of one-chip as this would result in much lower quality, Mayor Probst stated that his fundamental concern was that the system provide a good quality sound system. He wants to be confident that the sound system will be high quality, not only at the dais, but also for the audience to hear and be heard. Mr. Stewart concurred and indicated that there would be very littlc budget cutting in the sound system. What is being proposed would be the minimum system for the amount of space it will be located in and the system will be high quality_ Mayor Probst noted that the audio/visual program will be paid for out of the Cable Fund and asked staff ifthis fund would be able to cover the estimated $120,000 project cost. Mr. Fritsinger stated that it would. Councilmember Larson asked, if the City were to not purchase the $8,000 overhead camera at this time, could the housing be installed and the camera purchased at a later date, Mr. Stewart stated that this is possible. He noted that this would reduce thc presentation system to making presentations off of a videotape or computer. Councilmember Larson pointed out that presentations could be made as they are currently, without the high-tech equipment. There could be an easel up front and a screen to project onto. Mr. Stewart stated that a front screen is not currently included in the project, however, one could be installed, One draw back to a screen is that it is very difficult for the viewers at home to see the image. The proposed overhead camera would eliminate this difficulty as the image can be placed on the lectern and be broadcast to the rear view screen as well to the television. Couneilmember Larson asked if there would be any place in the Council chambers to utilize an overhead projector. Mr. Stewart stated that there is a location in iront of the rear screen where a pull down screen could be added. He recommended that, if the overhead camera is cut from the budget, a screen should be added. Councilmember Malone expressed his concern that the $120,000 project cost seems incredible and there is nothing to judge these numbers against. The letter received from Mr. Stewart did not help the Council to understand what exactly was being cut and this made him skeptical. It was his belief that $120,000 for an audio/visual program is too much and he had been concerned about tbe cost of the project from the beginning, He noted that, even though the money is available in the Cable Fund, the City must be certain of the real value ofthe project. . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 5 Mr. Stewart stated that the estimated costs are comparable to what other cities are spending. In fact, on average they spend quitc a bit more. He indicated that he has worked with over 40 other cities nationwide and some projects have cost up to $800,000. Therefore, the proposed project cost of $120,000 is on the low side ofthe average cost to most cities and the high $100,000's is more typical. Mr. Stewart noted that the technology is expensive, however, the level of sophistication makes the program usable. He indicated that a large portion of the cost is the labor and miscellaneous parts, He expressed his confidence that the project has been brought down to its minimum acceptable quality level. Any further reductions would adversely affect the quality of the system. Mr. Stewart offered to provide the City Council with costs of other cities throughout the Twin City area who have invested in audio/visual programs. He apologized for the level of technical information in the letter he provided to staff. He had not expected the letter itselfto be included in the agenda packet. Council member Malone asked whom the letter was intended for. Mr. Stewart stated that he had written the letter for the City staff. Mr. Fritsinger stated that, due to the amount oftime spent researching this project, staff has gained an understanding of some of the components. The technical changes involve pieces of equipmcnt that are difficult to explain without being directly involved with the general system. Councilmember Malone reiterated that an estimated $120,000 project cost seems to be too high. He stated that the fact that other cities spend much more money does not impress him and he remains skeptical. Councilmember Aplikowski agreed that $120,000 is a lot of money. However, she pointed out that the new City Hall building should include technology that meets the current standards and the expectations of at least half of the City residents. She expressed her disapproval of cutting out the overhead camera. The City currently uses the old overhead projector and she does not want to move backward with the technology. She expressed her hope that the project cost would not exceed the estimated $120,000 and stated that the overhead camera is a minimum requirement. Councilmember Rem stated that, given the amount of money being invested in the new City Hall, the technology being proposed is needed and the projected costs seem to be appropriate. Mayor Probst noted that staff was looking for direction on how to proceed with the program. He stated that he is in favor of moving forward on the basis of the outline presented this evening. Although he is not an expert, he does believe that the proposed budget amount is close to where the proj ect costs will end up for the system the City wants, Mayor Probst agreed that the overhead camera should remain in place, This type of system would level the playing field for those making presentations and allow everyone the chance to communicate effectively to the City. He suggested that a screen should also be included in the event the equipment does not work properly, He stated that the day is coming when all ~ . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 6 correspondence will be electronic and having the infrastructure in place to accommodate future enhancements is important. Mr. Fritsinger stated that staff had tried to keep in mind the potential changes in the Councilmembers in the future. New Councilmembers may want a system design that is totally different than what is wanted by the current City Council. Therefore, the design needs to be as flexible as possible to allow for future changes. Although the monitors at the dais are being removed, the spaces for them are remaining to allow for them to be added. Mr, Fritsinger reiterated that, in order to bring the budget down further, major technology would have to be eliminated. Councilmember Aplikowski noted that it would cost the City additional money in the long run to redesign the system for the future needs, Mr. Fritsinger suggested a different sort of presentation be made to the City Council at a future Workshop relating to the actual technology in order to provide the Councilmembers with a better understanding of how the system works, He indicated that the letter presented this evening was primarily to provide a budget breakdown of the proposed cuts. Councilmember Larson asked what type of camera is currently used in the Council chambers. Mr. Stewart stated that the current camera is a one-chip. Councilmember Larson asked what the cost difference is between a one-chip and a three-chip camera. Mr. Stewart stated that there is an approximate $1,500 to $2,000 difference in the price of the cameras. Council member Larson stated that he had been expecting a larger cut in the project cost. He still does not feel comfortable with the projected cost of $120,000. He indicated that he did not disagree with the importance of the overhead camera, However, the City is building a new City Hall and Council chambers and the Councilmembers do not havc a feel for how the equipment will work once it is installed. He would prefer for the audio/visual program to occur in stages. This would allow the City to utilize the new building \'lith the basic equipment installed and, overtime, decide what additional equipment is really needed. He would not want to see the City spending money on equipment that ends up not being used, Mr, Stewart stated that it would be possible to demonstrate what the $120,000 worth of equipment will do by visiting other cities and viewing their equipment. He noted that the cquipment being used by the other cities might not specifically address what the City of Arden Hills wants. He stated that, if the City wants the budget to be below $100,000, it would end up with a system it does not want. Because the audio and cable systems are necessary the only other large cut he would suggest would be the presentation system. Ifthe presentation system were cut in its entirety, it would reduce the budget by approximately $40,000. Based on the concerns of Council members Larson and Malone, Mr. Fritsinger suggested that staff and Electronic Interiors put together a more descriptive summary of what is included in the $120,000 package, The summary may provide a better understanding of how any additional cuts would affect the system. Mayor Probst asked when the Council should review the additional information, Mr. Fritsinger stated that he would have to check the schedules, however, he suggested discussing the issue at either the next Worksession or Council meeting. He noted the ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 7 agenda for the next Worksession included the Committee restructuring and the audio/visual . presentation would have to be added to the agenda, Councilmember Malone stated that he too would prefer to start the project with the basic building blocks and add additional equipment later if needed. Even if the proposed project costs were cut in halt: $60,000 would still be too much for an audio/visual program. He noted that the system would be used for only a small number of meetings each month and only six percent of the City residents watch the meetings on cable TV, Additionally, if each of the Councilmembers had laptop computers, there would be no need for monitors, Mayor Probst stated that the Council must resolve the issue of which meeting the next presentation was to be held. He indicated that the capabilities being proposed are not a luxury and the City should be able to move into the new City Hall with at least close to state-of-the-art equipment. He suggested that further discussions of what the system is composed of be held at the next meeting. Councilmember Aplikowski stated that, because she had the opportunity to see systems being used by other cities, she understands that the system being proposed is middle of the road, She noted that in order to decide what the system should be composed of, the Council needs to see what the new Council chambers will look like. B. Plan nine Cases . 1. Planning Case #99-02, Ralph Hines, 1700 Valentine Avenue, Minor Subdivision Ms. Randall explained that the applicant was requesting approval of a two lot minor subdivision at 1700 Valentine Avenue. The parcel is zoned R-1 Single Family Residential. The applicant proposes to divide the property into two parcels. Proposed Lot 1 (northerly lot) contains the existing home at 1700 Valentine Avenue. Lot 2 (southerly lot) is currently vacant. The proposal meets all lot area, depth, and width requirements. The applicant had a wetland biologist evaluate the property for the presence of jurisdictional wetlands, A Type-1 wetland was found on the property line between Lots 1 and 2. Because of the location of this wetland it should not impact the buildability of Lot 2, Due to the high water table in the area, the basement elevation should not be below 906.2 feet. Engineering specifications providing proof of adequate drainage below 906,2 feet may be submitted to Staff for approval of basements below the 906.2 foot level. Park dedication fees were not paid with the platting of Valentine Hills, Park dedication fees in the amount of $4,595.16 should be required with approval of this minor subdivision. . Ms. Randall advised that the Planning Commission recommended approval of Planning Case #99-02, Minor Subdivision, subject to the following conditions: . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 8 1. Payment of the appropriate park dedication fee. 2. Recording the subdivision in the fonn of a Registered Land Survey, 3. Rice Creek Watershed District approval. 4. The basement elevation not be below 906.2 feet, unless Engineering specifications providing proof of adequate drainage below 906.2 are submitted to Staff for approval below the 906,2 level. 5. A finding that the grading of the property does not adversely affect the neighboring properties, 6. Provision of a drainage easement per the Subdivision Ordinance, Ms, Randall stated staff would recommend that condition number five be reworded to state "The grading of the property shall not adversely affect the neighboring properties." Councilmember Larson asked if the front yard of proposed Lot 2 would face V alentine Avenue or Valentine Lake Road, Ms, Randall explained that since it is a corner lot, both setbacks would be 40 feet. The zoning ordinance requires that the shorter of the two lot lines will determine the front yard, Given that the property line of V alentine Avenue is shorter, the tront yard will be on Valentine Avenue, Mayor Probst asked, when the assessments were made for County Road F, was this lot one in which one-half of the assessment was held as pending. Mr. Fritsinger stated that there were no deferred assessments placed on this lot. Mr. Larry Pebbles, Coldwell Banker, stated that both of the lots would be one-half acre in size. Hc stated that he accepts all the conditions of approval and he felt that the park dedication fee was high, Council member Malone noted that the park dedication fee is based on a land value of only $2.00 per square foot. Councilmember Larson asked how the valuation of the home was determined for park dedication. He noted that the purchase value of the parcel was $115,000, yet Ramsey County has an assessed value of $142,500. Mr. Pebbles explained that the home is in need of repairs and is in a deferred situation. Councilmember Malone stated that this makes the park dedication tee basis only $1.50 per square foot. Councilmember Aplikowski stated that she had expected representatives from the neighborhood to be present at the meeting as there had been a concern regarding the water drainage of the property. Mr. Pebbles stated that there is a gentle slope to the rear of the property and the drainagc will be properly handled. . . 4t ARDEN HILLS CITY COUNCIL - APRIL 26, [999 9 MOTION: Councilmember Malone moved and Counci[member Larson seconded a motion to approve Planning Case #99-02, Minor Subdivision, conditioned on: I. Payment of the appropriate park dedication fee. 2. Recording the subdivision in the form of a Rcgistered Land Survey, 3. Rice Creek Watershed District approval. 4. The basement elevation not be below 906,2 feet unless Engineering specifications providing proof of adequate drainage below 906.2 are submitted to Staff for approval below the 906.2 level. 5. The grading of the property shall not adversely affect the neighboring properties, 6. Provision of a drainage easement per the Subdivision Ordinance, The motion carried unanimously (5-0), 2. Planning Case #99-06, CSM (DynaMark), 4295 North Lexington Avenue, Preliminary Plat and Variance Ms, Randall explained that the applicant was requesting approval of a preliminary plat consisting of two lots on a 10.54 acre parcel zoned [-1, Limited [ndustrial District. The request also included variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street. The property is located off of Lexington Avenue and is accessed through a private drive along the Control Data site, The required variances are due to the zero setback for the building, as the property line will cut the building in half. Easements will be needed for a variety of items, not only for access, but for utilities as well. Utilities, such as heat, sewer, water, etc" are currently based out ofthe existing building. Last fall, with Planning Case 98-24, CSM Corporation was granted permission to build a 50,400 square foot addition to the building located at 4295 Lexington Avenue (parcel A-2). The building addition is currently under construction. There were several conditions that were to be met. Two conditions remain to be met prior to a Certificate of Occupancy being granted for the building under construction: . The applicant retains permanent vehicular, utility, and pedestrian access rights to the properties located at 4255 and 4265 Lexington Avenue, . The applicant work with Control Data to redesign private drive entrance to accommodate main entrance by removing the median. . . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 10 There have been several cases approved similar in nature to this proposal. The subdivision ofthe CSM/DynaMark property at 4255 and 4265 Lexington Avenue was split in a similar fashion with a zero lot line parking lot including access easements, The Control Data buildings at 4201 and 4233 Lexington Avenue was split by a zero lot line such that the parking, utilities, and building were all divided into three lots. Therefore, the staff would find that this request is acceptable as long as their new property line remains invisible, as was the case in the previous two examples. Ms, Randall advised that the Planning Commission recommended approval of Planning Case #99-06, preliminary plat, including variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street, subject to the following conditions: I. Provision of the required easements for access, parking, sewer, water, and utilities between the four parcels, 2. Rice Creek Watershed District approval. 3, Conformance with the conditions of Planning Case 98-24. Mayor Probst requested confirmation that the basis for the request was for financing reasons, Ms, Randall stated that this was correct. Mayor Probst asked if staff would have any issues if, in the future, DynaMark were no longer the tenant of the property. Ms, Rmldall stated that the easements would allow the property to function as one, even though the property line would be in place. Councilmember Malone expressed his unease of the request. He indicated that the proposed plat might limit the marketability of the property. Councilmember Aplikowski stated that she was glad to hear that the Planning Commission had reservations in approving this request. Although other requests of this nature have been approved, it is unknown how this will affect the property years from now, Mr. Ringwald stated that this sort of platting is common in shopping centers. In a similar case at Control Data, originally there was only one tenant (Control Data), even though there were three properties. However, as Control Data as a company has contracted, other businesses have leased the remaining portions of the building. Whereby, as one passes the site the property lines are still invisible, even though many tenants occupy the building. Councilmember Larson indicated that the request would make a more efficient use of the land. He asked what the purpose is of the narrow strip of land that is part of lot four. Mr. Ringwald explained that the land is all open space. The westerly 100 feet was dedicated to the City and the easterly 60 feet was retained as an easement. The easement is being retained under one ownership, . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 11 MOTION: Councilmember Larson moved and Councilmember Malone seconded a motion to approve Planning Casc #99-06, preliminary plat, including variances for a zero building setback where 20 feet is required, zero parking setback where five feet is required, and to allow the use of a private drive rather than a public street, conditioned on: ] . Provision of the required easements for access, parking, sewer, water, and utilities between the four parcels. 2. Rice Creek Watershed District approval. 3. Conformance with the conditions of Planning Case 98-24, The motion carried unanimously (5-0). C. Ordinance #310, An Ordinance Relating to the Sale, Possession, and Use of Tobacco Products and Tobacco Related Devices in the City of Arden Hills Mr. Fritsinger explained that the City Council is asked to adopt Ordinance #310, "Relating to the Sale, Possession, and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills." This ordinance is in response to a Minnesota State Law passed in late 1997 which was focused on keeping tobacco products out of the hands of minors under the age of 18, At that time, even though the City did not have an ordinance in place, the City Council voted unanimously to join the North Suburban Tobacco Compliance Project. This project undertakes two compliance checks each year as it relates to this ordinance. The key component to the ordinance is the City's ability to license all retail tobacco outlets within the community and, based on compliance checks, to be able to penalize anyone found making illegal sales to minors. The ordinance would prohibit vending machines from establishments which minors have access to, The City has been advised that there is a lawsuit pending in Ramsey County to better define what these establishments are. Currently, the definition includes bars and restaurants and any tobacco vending machines in these types of facilities would have to be removed or placed in such a location that minors would not have access to the vending machines. There is language in the ordinance dealing with penalties to minors for trying to purchase tobacco products. The local vendors are supportive of the continued regulations and the penalties to both the vendors and the minors. The language in the proposed ordinance is consistent with that currently used by the State of Minnesota. It does not include any additional language that would place any stricter penalties or . . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 12 stricter enforcement. If the City were interested in banning all cigarette vending machines, this would require a Federal waiver that the League of Minnesota Cities would handle. The law requires that at least a 30 day notice be given to licensees prior to amending an ordinance. Formal notice was provided to the licensees the week of March 15, 1999. One vendor requested clarification whether or not vending machines could be placed in a basement or locked away from access to minors, City Attorney Filla had indicated that this would be an appropriate opportunity for establishments to maintain vending machines, Some establishments in New Brighton have apparently used this technique. With regard to the pending law suit, Attorney Filla has indicated that, until such time that the District Court rules on the lawsuit, there is no need to amend the ordinance, Should the courts make a decision that requires a change to the ordinance, staffwill provide the recommended change to the City Council. Mr. Fritsinger advised that the City Council is asked to adopt Ordinance #310, "Relating to the Sale, Possession, and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills," and direct the City Administrator to publish a summary of such Ordinance. Councilmember Malone asked if a store clerk at a gas station selling tobacco products must be 18 years old or older. Attorney Filla stated he was not sure since many people under the age of 18 work as store clerks. Councilmember Malone stated he could not see what the problem is with vending machines. The machines control the dispensing of the product and prevent stealing. Mr. Fritsinger indicated that the Big 10 Super C1nb has a vending machine that uses tokens, The customer brings their money to the person behind the bar and is supplied with the tokens for the machine. He indicated that this machine would no longer be allowed because it is located in an establishment where minors could have access to it. Councilmember Malone referred to the seventh line under the Purpose section of the ordinance which states, "Smoking has been shown to be the cause of several serious health problems..."He stated that he has a problem with the language as it cannot be proven that smoking causes the health problems, He suggested the sentence be stricken or changed to read, "The City believes smoking may be the cause of several serious health problems..." Without changing the sentence it would be factually incorrect. Mr. Fritsinger stated that he would have no problem changing the sentence. Councilmember Larson stated that he disagrees with Councilmember Malone. He indicated that when conducting trials in the health field and looking for cause and effect relationships, there never is a definitive answer, however, there is the weight of the evidence. When weighing the evidence of smoking, smoking appears to contribute to health etIects. The sentence being referred to was important because it indicates why the City feels the ordinance is appropriate. If the sentence is removed, it takes out a significant reason for adopting the ordinance. . . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 13 Councilmember Malone indicated that he would prefer for the sentence to state that the City thinks smoking is the cause of health problems, not that it knows smoking is the cause. Councilmember Larson stated that he could accept this suggestion, Councilmember Larson asked what was meant by the statement that the City would need a Federal waiver in order to eliminate vending machines, Mr. Fritsinger stated that the City does not have the ability, as a local government, to ban vending machines. The Minnesota League of Cities has indicated that a Federal waiver would be required to do so. Councilmember Aplikowski stated that she was uncomfortable with the part of the ordinance that eliminates vending machines. She indicated that this will cause a burden on local businesses and it will not prevent minors from accessing cigarettes, Attorney Filla stated that the intent of the ordinance is to bring together the laws that are currently on the books and to make it more convenient to understand the Minnesota State law. Mr. Fritsinger confirmed that the sentence, which Councilmember Malone was concerned about, would be changed to "Smoking is believed to be associated with several serious health problems,.." Councilmembers Malone and Larson concurred. Mayor Probst asked if the adoption of the ordinance requires a majority vote. Attorney Filla explained that two motions must be made and there needs to be a three-fifths majority on the ordinance and a four-fifths majority on the sunlmary publication, Mayor Probst asked, if the ordinance is passed with at least a four-fifths majority, does the summary still need to be voted on. Attorney Filla stated that it does. Councilmember Larson confirmed that the ordinance summary was the last page of the document. Mr. Fritsinger stated that it was, He asked Attorney Filla if additional notification needs to be made to the local vendors, Attorney Filla stated that additional notification does not need to be made. Councilmember Aplikowski asked, if only an ordinance summary is published, how will the local vendors know exactly what is in the ordinance. Mr. Fritsinger stated that the vendors were supplied with a copy of the ordinance when the notification was sent out. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adopt Ordinance #3] 0, "Relating to the Sale, Possession, and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills." The motion carried unanimously (5-0). MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to direct the City Administrator to publish a summary of Ordinance #310, The motion carried unanimously (5-0). ~ . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 14 D. Resolution #99-13, Formalizing the 1999 Arden Hills Committee Structure Mr. Fritsinger explained that the City Council was provided with a revised set ofthe proposed committees and task forces and the structure of those as discussed at the April 19, 1999 Worksession. Mr. Fritsinger suggested that one small change be made to the resolution. On page five, the last paragraph before Requested Action, the information regarding the terms should be moved to under the Term Limits section. Mr. Fritsinger advised that the City Council is asked to adopt Resolution #99-13, formalizing the 1999 Arden Hills Committee Structure, and to direct staff to send a notice of the meeting on May 17, 1999 to all current and prospective committee members. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to adopt Resolution #99-13, formalizing the 1999 Arden Hills Committee Structure, and to direct staff to send a notice of the meeting on May 17, 1999 to all current and prospective committee members, Counci1member Ap1ikowski noted that in the past the issue of alternates had been discussed and asked if this should be included. Mayor Probst stated that it had been decided that alternates were not needed, as there was a good compliance of committee members showing up at meetings. The motion carried unanimously (5-0). E. Authorizing Bids for Residential Water Meter Replacement Mr. Stafford eXplained that the Public Works Department had identified the majority of the City's water meters as being older than their useful life prior to 1992, and in need of replacement. The City Council approved replacement of the commercial/industrial meters in 1997, and this work was accomplished in 1997 and early 1998, using Badger brand water meters. These water meters utilize radio read technology, thus cutting reading time for one person from a week to two hours. When Council approved the commercial/industrial meter replacement, staff indicated Council would be asked to approve the replacement of the residential meters following the successful completion of the commerciallindustrial meter replacement, and the satisfactory operation of the system that has now occurred, The City Council had, as part of the 1999 - 2003 Capital Improvement Program, identified the replacement of residential water meters in 1999 and 2000, At the April 19 , 1999 Council W orksession, staff presented Council with information related to the replacement of residential water meters with radio read meters, Staff and Counci1members discussed issues related to the meter replacement, including costs, time frame, benefits, pay back, and other options, Following the discussion, Council concurred with the Public Works . . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 15 Director's recommendation to proceed with the replacement of the City's residential water meters at a total cost of approximately $500,000, spread over a two year period, There are three types of reading devices that attach to meters, Remote Readers; Radio Readers; and Phone Readers. The City currently has approximately 2,350 residential meters and replacement costs are estimated at $250 per installed meter, using radio read meters. Staff would not recommend the use of touch readers, as these would still require the physical reading of the meters. If Badger Meter provides the best proposal for the meter replacement, the City could realize savings, as approximately ten percent of the City meters are new enough that only a radio read upgrade would be needed. In this scenario, a conservative estimate for the replacement/upgrade would be $570,000. Staff had included in the budget $250,000 for 1999 and $250,000 for the year 2000 for the replacement/upgrade. Any new construction installations would be funded by the meter permit fee, which is based on 120% of the City's actual costs as per code. The installed cost to the City for radio read meters versus the remote read meters currently used by the City, would be approximately $100 more per meter, or $235,000, Staff would point out some of the anticipated benefits ofthe radio reading technology: I. Currently, it costs the City an average of240 man hours at $25.82 per hour, or $6,200 per quarter to read the residential water meters. Staff estimates this time would be reduced to 16 man hours at $25.82 per hour, or $415 per quarter in savings of $5,800 per quarter. This would also provide an estimated 224 man hours per quarter for Public Works employees to perform higher skilled jobs that the City needs to accomplish, and is not currently able to perform due to time and man power constraints. 2. Currently, during each quarterly reading process, approximately 40 meters are identified for accuracy problems. These could consist of misreads; no readings or meters stopped; damage to remote reader, etc. In each case, a return visit is required and, in many cases, appointments need to be made to access the actual meter and verify the accuracy of the remote reader. This often results in another 40 man hours per quarter for this effort. 3. The radio read system interrogates the meter directly, and does not go through a remote mounted system. Thus, ifthe meter is operating, accuracy is not an issue, 4, The City performs an average of 12 final reads per month. Finals are required when property ownership is transferred, on or close to the closing date. At the time of a final read, an appointment is also needed to enter the residence and read the actual meter, as often the meter and the remote reader are not in sync. If this is the case, the meter itself, the remote reader, or both may need replacement. With the older meters typically on the south end of town, the City would replace those meters first. With approximately 50 percent ofthe City residences on each side of the Minneapolis/St. Paul Sault Saint Marie Railroad, this would be the natural dividing line, . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 16 The Public Works Director recommends that the City Council authorize staff to seek Requests for Proposal to furnish and install new radio read water meters, to the City's specifications, to that portion ofthe City south ofthe Minneapolis/St. Paul Sault Saint Marie Railroad consisting of approximately 1,300 homes, Staff recommends that this installation begin in the 1999 - 2000 year, Staff would also recommend, as an alternate to the proposal, to furnish and install the same equipment for the residential homes on the north side of the Minneapolis/St. Paul Sault Saint Marie Railroad, which would consist of approximately I, I 00 homes. Payment would be on a per unit basis. Included with the southern replacement, the City should provide radio read meters to the Pemtom Townhouse Association for installation by their plumbers. The Pemtom Association plans on residing all the townhouses this year, and prefers not to drill holes in the new siding to mount old style remote readers on a temporary basis. They also plan on replacing defective valves on both sides of their current water meters, necessitating the removal of the existing meter. In all cases, it would be the recommendation of staff that meters less than 10 years of age not be replaced, and be only upgraded to radio read technology. Mayor Probst asked why the project would not be bid for the entire community at one time with installation over a two year period. He indicated that, if only half of the project is bid now and half later, this will give the successful vendor an unfair advantage. Mr. Fritsinger explained that the idea was to provide the City a way to get out of the project if problems arise since the project is so large. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to authorize staff to seek Requests for Proposal to furnish and install new radio read water meters, to the City's specifications, in phases as deemed appropriate. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Fritsinger referred to the earlier discussions of the May W orksession and the committee and audio/visual program discussions. He asked ifthe Council would prefer for the Worksession to be only for the committee meeting, or if it should include the audio/visual discussions as well. Councilmember Larson asked if it would be possible to start the Worksession at the usual time in order to complete the business of the committees and complete the remaining business after 7:00 p.m, Mr. Fritsinger stated that this would be possible. Mr. Fritsinger requested confirmation that the audio/visual presentation should be held at the next Worksession. Councilmember Aplikowski stated that this would be acceptable providing there is no need for a field trip, Mr. Fritsinger stated that he did not believe that a field trip would be necessary. ARDEN HILLS CITY COUNCIL - APRIL 26,1999 17 . Councilmember Larson asked what other cities staff would suggest visiting that would have systems comparable to that being proposed. Councilmember Aplikowski stated that the City of Roseville has the overhead camera equipment. Mr. Fritsinger stated that the City of Shoreview had a television monitor that is different from the screen being proposed. He indicated that there are many cities on the west side of the Twin Cities that have similar audio/visual programs, however, there are not many on the east side of the Twin Cities, He suggested that Councilmember Larson could visit New Brighton to gain an idea of the camera system being used, Councilmember Malone stated that there might be many high-tech systems that the City may want. However, there really is no need for such a high-tech level when the Council chambers would only be used approximately six hours per month. Mayor Probst stated that he was surprised by the comment that, if the visual presentation equipment were removed, it would result in a $40,000 reduction in cost. He cautioned that if components are deleted, the City must careful to ensure that all components will be compatible with possible future additions. . Mr. Fritsinger stated that the City must consider the long term uses. He indicated that the one thing that was obvious in studying other systems was that there was nothing worse than the Cities who decided to add components after the fact. The impression that this left in some of the facilities was not good, At a minimum, the City must consider how a decision made today will affect the future use of the new facility. Councilmember Larson stated that it sounds good to have a rear screen projection system. However, he would prefer that the space be made available for the equipment and, when it is determined that it is needed, it could be installed later. He stated that he feels uncomfortable with spending this large amount of money up front and he would prefer to see the project done in stages, Councilmember Aplikowski noted that equipment installed later might not fit as well as if it were installed up front. Mr. Fritsinger noted that if another system is used, there might be other changes needed to be made in the Council chambers, He stated that this could be further discussed at the Worksession, Mayor Probst stated he agrees that money should not be spent just because it is available. However, this is the only type of program the money can be used for and there is nothing wrong with thc City having a state-of-the-art facility if the money is available for it. Councilmember Malone suggested that ifthe money were used for a City web site it would reach more people, He believes that a state-of-the-art facility could be accomplished with less money. Mr. Fritsinger stated that interviews for the shared Building Inspector position with Shoreview would be conducted on Wednesday, April 28, 1999, . Mr. Fritsinger stated that he has information available regarding the open house on May 2, 1999 at the Pilgrim House, . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 18 COUNCIL COMMENTS Councilmember Larson stated that he was pleased that the committee restructuring has been completed, He commended staff for their hard work and stated that he was amazed by the amount of work accomplished by the City staff. Councilmember Malone stated that a developer who had suggested the construction of a fitness club in the Gateway Business District had approached him. He informed the developer that he did not believe this was something that the City Council would be interested in, Mayor Probst agreed that this would not be a use he would hope for in that area, Councilmember Larson stated that there would not be enough room for a high-quality fitness club. Councilmember Aplikowski asked that the City maps be updated with the name changes of some of the City streets such as County Road F to Valentine Lake Road. She also asked that references to trailer parks be changed to mobile home parks, Councilmember Aplikowski stated that she would be attending the open house for the Pilgrim House, Councilmember Aplikowski invited anyone who may be interesting in attending the League of Minnesota Cities meeting in Rochester with her. She indicated that there would be an emphasis on youth this year, Mayor Probst encouraged attendance at this meeting as it is well worth the time and stated that he will try to attend the meeting himself. Councilmember Aplikowski expressed her appreciation to staff for their continued hard work. Councilmember Rem stated that she will be attending the Pilgrim House open house and she would also like to join Councilmember Aplikowski in attending the League of Minnesota Cities meeting. Councilmember Rem stated that the Newly Elected Officials meeting was very helpful. Councilmember Rem stated that she attended the Neighborhood Night Out in New Brighton. She also attended the open house for the Bond Referendum at Valentine Hills School. She indicated that the School District is looking for contributions for advertising and volunteers for the phone banle Mayor Probst stated that he received a letter from the Minnesota Commercial Railway and it seemed to be warmer than previous correspondence. He asked that staff reiterate the importance of a cooperative with the City of New Brighton, Mayor Probst requested additional information regarding the car and boat complaints in single family areas. He asked if these were isolated incidences or if complaints were occurring all over the City, Mr. Fritsinger stated that this is the time ofthe year when people are taking boats out of storage and often they are parked outside. . . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 19 Mayor Probst asked for an update of the issue regarding Mr. Anderson. Mr. Fritsinger stated that staff it trying to get Social Security to verify his total disability, which they will not do. Mr. Anderson will not be allowed to meet the disability clause unless he is verified as fully disabled. Mayor Probst asked how often the City sweeps the streets. Mr. Stafford stated that street sweeping has occurred twice so far this year, Mayor Probst asked if Ramsey County still performs street sweeping. Mr. Stafford stated that they do. Mayor Probst confirmed that Ramsey County only does one pass with the street sweeper. Mr. Stafford stated that this was correct Mayor Probst stated that lawn service had been through his neighborhood and it appears as though everything was swept into the street after thc street sweeper had completed their work. He indicated that piles of debris are getting into the lake and he believes that this must be the source, He stated that action on this does not need to be taken now, however, he asked that the Water Quality Task Force review the situation. He noted that Ramsey County had advertised in the past when the street sweeping would occur to allow residents to prepare, Mr. Fritsinger stated that no advertising had been done this year. Councilmember Rem stated that she had spoken with the Valentine Hills School Principal and he had wanted the City of Arden Hills to know how much they appreciate being part of the community. Mayor Probst requested confirmation that the City is buying back dirt from the Indykiewicz property that it had already paid for. Mr. Stafford explained that the City is buying this pulverized dirt at $2,50 per yard and, ifit were bought elsewhere, it would cost approximately $10.00 per yard. He stated that the dirt would be used by the Parks and Recreation and Public Works Departments. With the power outage three weeks ago, Mayor Probst asked if the lift stations were able to keep up with the use of the generator. Mr. Stafford stated that the lift stations were able to keep up with the use of the City's and the City of Shore view's generator, however, there was one small backup. Mayor Probst stated that Roger Williams had been appointed to the Metropolitan Council. He indicated that Mr. Williams is interested in attending the City Council meetings within his jurisdiction, which is unusual. Mayor Probst stated that information has not yet been received on whether or not other cities will be willing to contribute to the Roseville Area High School to host the 63rd Annual National Association of Student Councils Conference. Mayor Probst stated that he had been frustrated over the past week by the information in the newspaper about the extent to which St. Paul thinks it can deal with local government issues. He indicated that he would send correspondence to Governor Ventura expressing this frustration. . . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 20 With regard to the land transfer issue and Councilmember Larson's upcoming trip to Washington D.C., Councilmember Aplikowski stated that she did not believe it would make a difference for Councilmember Larson to speak on behalf of the City, Councilmember Malone stated that Congressman Vento had indicated that the process had been completed. He was reluctant to press the issue so as not irritate anyone. Councilmember Malone asked Mayor Probst ifhe had been able to contact General LeBlanc. Mayor Probst stated that General LeBlanc was currently in Washington D.C. and he has not returned any of the Mayor's calls, He left a request with the General's office that General LeBlanc return his call when he returns to Minnesota on Wednesday. Mayor Probst indicated that this was unusual behavior for General LeBlanc to not return his calls and he was trying not to read too much into this. Councilmember Larson asked ifhe should plan to stay one extra day in Washington D.C. He agreed that it does not make sense to ask Congressman Vento to do anything, however, it would bring attention to the City. He expressed concern that the City had not received a copy of the land transfer documents. It would be preferable to see a copy of what is being signed as it has a direct impact on the new City Hall project. Mayor Probst stated the reason the City had not received a copy was because the City is not party to the agreement and a copy was not asked for. He suggested that the Army National Guard be asked for a copy of the agreement. Councilmember Larson concurred. Council member Aplikowski asked if staff had been in contact with the contractor for the City Hall project regarding an extension to the start date. Mr, Fritsinger stated that the contractor would not be contacted until stall has a better idea of the status of the land transfer. COlillcilmember Aplikowski asked at what point in the timeline the project is. Mr. Fritsinger stated that June 11, 1999 would be the end of the 90 days. He indicated that he would prefer to wait a couple more weeks before approaching the contractor for an extension, This should allow time to lind out from the Army National Guard if the City Hall project can move forward without the lease agreement being finalized, Councilmember Larson asked, with the relationship that staff has with the Commander's Representative, Mr. Mike Fix, why would the City have to ask for a copy ofthe land transfer agreement. Mr. Fritsinger explained that it was due to protocol and the fact that the transfer is being handled at a different level ofthe Army. Mayor Probst asked staff if there had been any feedback regarding the lease agreement. Mr. Fritsinger stated that there had been no feed back as of yet. . . . ARDEN HILLS CITY COUNCIL - APRIL 26, 1999 21 ADJOURN MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 10:00 p.m, The motion carried unanimously (5- 0). ~$ Brian Fritsinger City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, May 10, 1999 at 7:30 p,m. at the Arden Hills Council chambers,