HomeMy WebLinkAboutCC 01-02-1997
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MINUTES
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
JANUARY 2,1997
7:00 P.M. - NEW BRIGHTON 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 7:01 p,m,
Present:
Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks,
Susan Keirn, and Paul Malone,
Absent:
None,
Also present were: City Attorney, Jerry Filla; City Administrator, Brian Fritsinger; City
Accountant, Terry Post; Community Development Director, Kevin Ringwald; Public
Works Superintendent, Dwayne Stafford; Administrative Secretary, Sheila Stowell; and
Recording Secretary, Lorri Kopischke.
ADOPT AGENDA
Keirn moved and Aplikowski seconded a motion to adopt the agenda for the
January 2, 1997, Regular City Council meeting as presented, The motion carried
unanimously (5-0),
MOTION:
OATH OF OFFICE
Mayor Probst administered the Oath of Office to Council appointees Brian Fritsinger as
City Clerk/Administrator, Terrance Post as City Treasurer, Beverly Aplikowski as
Councilmember, and Paul Malone as Councilmember.
APPROVAL OF MINUTES
A.
B.
C.
December 9, 1996, Regular Council Meeting
December 16, 1996, Council Worksession Meeting
December 16, 1996, Regular Council and 1997 Final Budget & 1996 Levy Payable in
1997 Meeting
City Administrator noted on page four, paragraph two of the December 16, 1996,
Council Worksession Meeting minutes, Ray McGraw should be removed and
replaced with Tom Steele.
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ARDEN HILLS CITY COUNCIL - JANUARY 2. 1997
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MOTION:
Hicks moved and Aplikowski seconded a motion to approve the December 9,
1996, Regular Council Meeting minutes as presented; the December 16,1996,
Council Worksession Meeting minutes as amended; and the December 16, 1996,
Regular Council and 1997 Final Budget & 1996 Levy Payable in 1997 Meeting
minutes as presented, The motion carried unanimously (5-0),
CONSENT CALENDAR
A, Claims and Payroll
B, Adopt Resolution #97-01, Designating Depositories and Corporate Authorization
C. Adopt Resolution #97-02, Designating Additional Money Market Depositories for
Investment Purposes
D, Adopt Resolution #97-03, Designating Brokerage Firms for Investment in
Financial Instruments Authorized by State Statute Consistent with the City
Investment Policy
E, Adopt Resolution #97-04, Transfer of Funds by Telephonic Instructions
F, Designation of Official Newspaper for 1997, Shoreview-Arden Hills Bulletin
G, Adopt Official Meeting Calendar for 1997
MOTION:
Hicks moved and Malone seconded a motion to approve the Consent Calendar as
submitted and authorize execution of all necessary docwnents contained therein,
The motion carried unanimously (5-0),
PUBLIC COMMENTS
Mayor Probst invited the audience to address the Council on any issue not already on the agenda,
There were no public comments,
UNFINISHED AND NEW BUSINESS
A. Approval of City Appointments
B. Appointment of Acting Mayor, Susan Keirn
C. Appointment of Council Committee Liaisons for 1997
D. Approval of Planning Commission Appointments
MOTION:
Malone moved and Hicks seconded a motion to ratify City Appointments for
1997, including Acting Mayor, Council Committee Liaisons, and Planning
Commission as recommended by the City Administrator in his Memorandwn of
December 26, 1996,
Councilmember Aplikowski questioned the verbiage of "committee" versus "commission",
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Mayor Probst noted this issue had previously been discussed but there had been no formal action
at this point to change the name, The motion this evening is only to establish the City
Appointments,
Councilmember Aplikowski suggested an amendment be made to the motion to read
Commission-Committee,
Councilmembers Malone and Hicks accepted the amendment to the motion,
The motion, as anlended, carried unanimously (5-0),
Mayor Probst noted the City Council has received several applications expressing interest in
serving on the Planning Commission, He suggested the Council interview the applicants,
Brian Fritsinger, City Administrator noted the bench handout from Mr, Albertson expressing an
interest in serving on the Planning Commission,
There was Council consensus to schedule a meeting for the purpose of interviewing applicants
for the Planning Commission on Tuesday, January 7, 1997, beginning at 6:30 p,m,
E.
Resolution #97-05, Establishing the Fee Schedule for 1997
Mr. Fritsinger advised the 1997 Fee Schedule is different this year as it is an inclusive fee
schedule, He noted in years past, various fees have been approved at different times and this has
resulted in difficulty for Staff. The items which have been clarified or added to the 1997 fee
schedule include the Sign Ordinance, Water Meter/Spacer Changes, Meeting Agenda Packets,
Christmas Tree Sales, Impound Fees, and Beauty Shops, Mr. Fritsinger explained the Water
Meter fee has increased due to the increase in the price of the meter itself. The Meeting Agenda
Packet fee will vary depending on the number of pages, Per Council direction, Christmas tree
salcs and beauty shops have been included in the Retail Category and Impoundment has been
added under the Dogs and Cats Category,
Mr. Fritsinger advised Staff recommends that the City Council adopt Resolution #97-05
establishing the fee schedule for 1997,
MOTION:
Malone moved and Hicks seconded a motion to adopt Resolution #97-05,
Establishing the Fee Schedule lor 1997, The motion carried unanimously (5-0),
F. 1997 Pay Plan (Employee Insurance - Maximum City Contribution)
Mr. Fritsinger advised this memorandum was in response to questions Council has raised in
regard to health insurance and the current status of non-union versus union costs for various
insurance coverages, He noted one issue to consider is that under current State Statutes for the
Pay Equity Program any changes could have an affect on Pay Equity compliance, Staff would
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need to analyze any increases in order to insure compliance, Mr. Fritsinger suggested the entire
employee benefit plan be studied and items such as a full cafeteria plan and changes to the leave
policy be considered, He reported he will be meeting with other cities to look at their employee
benefit plans,
There was Council direction for Staff to continue to investigate this item and report findings to
the Council.
G. Planning Case #96-23, Pilgrim House, 1212 West Highway 96, SUP
Kevin Ringwald, Community Development Director, advised the applicant is requesting
approval of a Special Use Permit (SUP) amendment to allow for the expansion of the Church,
including the paving ofthe parking lot to the rear of the building and a small parking addition to
the tront of the building, The applicant is also requesting a variance from the minimum setback
requirement from adjacent residential uses (building and parking lot) and the minimum landscape
lot area requirement.
Mr, Ringwald noted there were several issues remaining to be resolved subject to the City's
Engineer's letter dated November 21,1996, when this request was considered by the Planning
Commission. One issue was the drainage which has since been modified and resolved by the
applicant, Mr. Ringwald explained the site currently contains an unpaved driveway and parking
area, The applicant will improve the current conditions by paving the areas and pulling the
parking area away from the residents to the south to provide an increased buffer. The applicant
will enhance the existing vegetation on the west side and add p1antings on the east side to
enhance the buffer on that side, The applicant will also be improving the handicap accessibility
and the exiting from the building,
Mr, Ringwald reviewed the Planning Commission's recommendation for approval, subject to the
following conditions:
1, Compliance with the letter from City Engineer, dated November 21, 1996;
2, Approval by the Rice Creek Watershed District;
3, The smallest amount of bare ground is exposed for as short as time as feasible;
4, Temporary ground cover, such as mulch, is used and permanent ground cover, such as
sod, is established;
5, Methods to prevent erosion and trap sediments are employed;
6, Fill is stabilized to accepted engineering standards, approved by the city engineer;
7, Provision of a landscape performance bond (125%);
8, Limitation of lighting to current levels and types; and
9, Maintenance of opacity greater than 60 percent, per the landscape plan,
Mr. Ringwald noted the applicant had held an open house and invited all neighbors within 350
. feet of the property,
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Councilmember Hicks asked if the application had received Rice Creek Watershed District
approval. Mr. Ringwald stated the application is currently in the process of being reviewed by
Rice Creek Watershed District.
Councilmember Malone stated he had no objection to the application being that the drainage
issues had been resolved, He noted, however, approval of this application was not intended to
set a precedent that a 75-foot setback is not required, This application is a special circumstance
and reduces the extent of a non-conforming use, The Council is not indicating that a 75-foot
setback is not necessary,
Mayor Probst stated he would like to reinforce that approval of this application is, in no way,
meant to establish a precedent.
MOTION:
Malone moved and Hicks seconded a motion to approve Planning Case #96-23,
the Pilgrim House, 1212 West Highway 96, SUP, based on the conditions
outlined by the Planning Commission, The motion carried unanimously (5-0),
H. Planning Case #96-26, Bethel College, 3900 Bethel Drive, Amended SUP
Mr. Ringwald advised the applicant is requesting approval of an amendment to their Special Use
Permit (SUP) for Bethel College by updating the Master Plan which guides development on the
site,
Mr. Ringwald reported there were several issues remaining to be resolved when the application
was considered by the Planning Commission, The structure did not meet the setbacks required
from the shoreland of Lake Valentine, The applicant has since modified the setbacks to meet the
ISO-foot setback requirement from the lake, Another issue was a 10-acre parcel that Bethel
College owns but is not included in the SUP, Staff has reviewed the legal description and has
determined that the 10-acre parcel is not part of the SUP, A third item arose regarding what
property is affected by the exception described in the legal description of the SUP, The
exception describes a 3,24 acre parcel located at the southeast corner of Old Highway 10 and
Interstate 694, The parcel is not owned by Bethel College and should not be included in the
SUP, The Planning Commission requested the applicant prepare a comprehensive traffic impact
study, Bethel College has informed Staff that they have started the process of hiring someone to
perform this procedure,
Mr. Ringwald noted the intent of Bethel College is to try to connect the college campus housing
and seminary campus with this Master Plan, The application meets the lot coverage
requirements and conditions of the sup, All outstanding issues of the Planning Commission
have been investigated by Staff or resolved by the applicant.
Mr. Ringwald reviewed the Planning Commission's recommendation for approval, subject to the
. following conditions:
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I.
2,
Compliance with the maximum height for structures;
Compliance with the required building setbacks;
Compliance with requirements ofthe Shoreland Management Regulations;
Razing the caretakers building at 4040 Old Highway 10 within two years of approval of
this request. or within one year from the date of Bethel College's next site plan approval,
whichever occurs first;
Termination of the on-campus Friends of Bethel Christmas Tree sales operation by
January I, 1997;
Establislunent of a review period of 5 years to review general activity on campus, These
reviews would look at issues such as enrollment trends, any short or long range changes
in the site plan or building additions, The first of such reviews would occur 5 years from
the date of approval of this action, unless the College proposes an amendment to the SUP
before that date, SUP Amendments will still require Public Hearings whether or not they
occur at the same time as the regular five-year review;
Preparation of a comprehensive traffic impact study, by Bethel College, within one year
of approval of this request; and
Modification of the Campus Master Plan, such that all structures meet the minimum
requirements ofthe City Code,
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4,
5,
6,
7,
8,
Councilmember Hicks asked if Bethel College had a plan for the parcel of land on the west side
of Old Highway 10,
Craig Hjelle, Director of Campus Planning, stated there were no plans for that area,
Mayor Probst questioned the disposition of the house that is in disrepair.
Mr. Hjelle explained it is a requirement of this application that the house be razed within two
years or within one year from the date of Bethel College's next site plan approval, whichever
occurs first, He stated he has obtained a verbal estimate for this procedure, He would like to
have the house removed sooner but is not certain if there are funds in the budget for this
procedure, The house is currently used for storage but there is additional storage available on the
southeast comer of the site,
Councilmember Aplikowski stated she felt the Master Plan looked wonderful. She noted
removal of the building as soon as possible would be healthy for the entire neighborhood, She
questioned if the Planning Commission felt that the walkways and skyways were not in
compliance with the City's standards,
Mr. Ringwald eXplained there had been confusion of the level of detail included in a Master Plan,
The architectural details will be included in the specific site plan,
Councilmember Malone noted that condition #8 of the Planning Commission had been satisfied
and would not need to be included as part of City Council approval.
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Coul1cilmember Hicks asked if the Christmas tree sales operation had been terminated, Mr.
Ringwald advised that the Christmas tree sales operation has been terminated,
MOTION:
Malone moved and Hicks seconded a motion to approve Planning Case #96-26,
Bethel College, 3900 Bethel Drive, Amended SUP, based on the conditions 1-7 as
outlined by the Planning Commission, with condition S being deleted as it has
been resolved, The motion carried unanimously (5-0),
I. Planning Case #96-21, Dan Ashbach, 1580 Oak Avenue, Minor Subdivision/Lot
Consolidation
Mr. Ringwald advised the applicant is requesting approval of a modification to a previously
approved minor subdivision (lot split and lot consolidation) on a parcel zoned R-I Single Family
Residential District. The applicant received approval in January of 1993 (PC 92-23) from the
City for a minor subdivision (lot split and lot consolidation) affecting Tracts A and B, Condition
number one of Planning Case 92-23 required the access to Tract B be provided by the private
drive (a,k,a" Tract D) which was owned by Ramsey County, Subsequently, Ramsey County
required the applicant to swap an equitable portion ofland betore Ramsey County would allow
access to Tract B, The current request facilitates that swap ofland between Ramsey County and
the applicant.
Mr. Ringwald reported the applicant is now "requesting approval from the City to, (a) the further
split of the Original Tract B into the proposed Tract Band C thereby allowing the exchange, and
(b) the merger of the proposed Tracts B and D which will provide the owner of Tract B with
access to Lake Johanna Boulevard as required in the January 11, 1993, resolution,"
Mr. Ringwald reviewed the Planning Commission's recommendation for approval, subject to the
following conditions:
1. Compliance with the conditions of Planning Case 92-23;
2, Transfer of Tract C to Ramsey County so that it may be incorporated into Tony Schmidt
Park;
3, Combination of Tract Band D into a single parcel;
4, The smallest amount of bare ground is exposed for as short as time as feasible;
5, Temporary ground cover, such as mulch, is used and permanent ground cover, such as
sod is established;
6, Methods to prevent erosion and trap sediments are employed;
7, Fill is stabilized to accepted engineering standards, approved by the city engineer;
S, Provision of an erosion and sediment control plan with the building permit for Tract B,
for review and approval by the City Engineer; and
9, Construction of utilities to service Tract B shall be accomplished in a manner that will
ensure full access to all parcels which have vehicular access onto Tract D,
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Mayor Probst asked if the easement agreement would be assigned to Mr. Ashbach rather than
Ramsey County making this a private access, Mr. Ringwald stated he believed it would as Mr.
Ashbach would be the owner of the property,
Mayor Probst suggested the Council may wish to consider a condition be added to the approval
to address the private access and future assessments for street improvements,
Mr. Fritsinger stated he did not believe the properties which are not included in this application
could be included in such a condition,
Jerry Filla, City Attorney, advised that Council can attach a condition of that type to the
subdivision created by Tract B and Tract C, Upon creation of a future turnback or when the City
finances the cost of improvements to County Road E, the assessment package will include Tract
D and the four lots to the south, All properties will be affected in a similar manner. The
resulting circumstances of the combination of Tracts Band D will result in a better circumstance
for Arden Hill assessments than currently exists,
Councilmember Aplikowski asked the width of the road, She stated she shared the concern Mr.
Roach had expressed at the Planning Commission, that there was not access for emergency
vehicles,
Mr. Ringwald explained the access is no wider than 30 feet. It is accessible to emergency
vehicles but does not facilitate two-way traffic easily, Mr. Roach had requested that the access
be made a City street to assure adequate access, This is not feasible as the required amount of
right-of-way is not available,
Councilmember Hicks confirmed that Tract D by acquiring front footage on Lake Johanna
Boulevard will provide the City with assessment authority of Tract B and Tract D combined
without an additional condition,
Mr. Filla stated this was correct.
MOTION:
Hicks moved and Keim seconded a motion to approve Planning Case #96-21, Dan
Ashbach, 1580 Oak Avenue, Minor Subdivision/Lot Consolidation, based on the
conditions outlined by the Planning Commission, The motion carried
unanimously (5-0),
J. Cardiac Pacemakers/Guidant Loan Agreement
Mr. Ringwald advised the City has a signed loan agreement from Cardiac Pacemakers
Incorporated (CPI), The request before the Council is to authorize City Administrator to execute
the loan agreement with CPI. The State of Minnesota granted the City of Arden Hills $300,000
to help support the consolidation and expansion of the CPI facilities in Arden Hills, As part of
this grant, tlle State required the City to provide a forgivable loan to CPI. The terms of the
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forgivable loan are three (3) percent for five years with 50 percent of the loan being forgiven on
August 12, 1999 ifCPI has retained 540 jobs and has created 70 jobs, The remainder of the loan
will be forgiven on August 12, 2001 ifCPI has continued to retain the 540 jobs and 70 jobs
previously created,
Councilmember Malone confirmed there are no payments made to the City unless CPI defaults,
Mr. Ringwald stated this is correct for this loan, He noted this is typically not the procedure with
these types of loans,
Mr. Fritsinger explained Staff is currently working with the State for an additional $300,000
Phase II grant to Cpr. Staff is attempting to negotiate with the State the ability to obtain a
portion of those funds for City economic development purposes,
Councilmember Hicks noted the grant afforded the City the opportunity to retain a healthy
business in the community,
MOTION:
Hicks moved and Keim seconded a motion to authorize the City Administrator to
execute the loan agreement with Cardiac Pacemakers Incorporated, The motion
carried unanimously (5-0),
K.
Ma Ma D's Wine License Application
Mr. Fritsinger advised the City Council is asked to consider the approval of a wine and malt
liquor license for Ma Ma D's Restaurant, which is opening on January 6, 1997, at Arden Plaza,
They had requested an on-sale wine and beer license but when told they would need a full on-
sale license, the applicant elected to pass on the wine license, The applicant has submitted all
documentation required as part of this application, Attorney Filla has reviewed these items and
found everything to be in order. Background checks were conducted by tlle Sheriff and no items
of concern were identified, Staff is still waiting to receive the insurance documentation, Mr.
Fritsinger stated he had spoken with the insurance agent today and he has confirmed all
insurance is in place,
Mr. Fritsinger requested Council approval of the wine and malt liquor license for Ma Ma D's
restaurant subject to receipt of insurance documentation by the City of Arden Hills,
MOTION:
Hicks moved and Aplikowski seconded a motion to approve a wine and malt
liquor license for Ma Ma D's restaurant at 3551 Lexington Avenue subject to
receipt of the insurance documentation by the City of Arden Hills, The motion
carried unanimously (5-0),
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L.
Purchase of Street Sweeper
Dwayne Stafford, Public Works Superintendent, advised that the City of Arden Hills currently
owns one (1) 1980 Elgin Street Sweeping Machine, This was a used machine when purchased in
1988, and was previously owned by the City of Eau Claire, Wisconsin, The trend of most cities
is to replace a street sweeper when it is 8, 10, or 12 years old, The Public Works Department of
Arden Hills has budgeted $110,000 for the replacement of this machine in 1997, Discussing this
with the sales representatives for this brand of sweeper, Staff feels this is a reasonable figure
which should cover the machinc and sales tax costs, This is a unique brand of street sweeper
which is difficult to bid,
Mr, StatTord explained the State of Minnesota purchasing department has in place a Cooperative
Purchasing Venture, which allows members of this agreement to purchase equipment and
materials at the State's bid price, These items have previously been bid to state specifications,
and contracts have been awarded for established time periods, If the City is a member of the
State of Minnesota Cooperative Purchasing Venture Program, they may buy directly off the state
contract, This meets bidding requirements and eliminates the need to advertise for bids, This
would also eliminate legal disputes, when not proceeding with the lowest bid, and simplify
specification writing as you can use the state specifications,
Mr. Stafford explained the State contract for the street sweeper purchase was awarded to Mac
Queen Equipment Company of St. Paul. This company contracts with the Elgin Pelican brand,
which the City of Arden Hills is interested in, Mr, Stafford reported he and City Accountant Post
had met with a representative of Mac Queen Equipment Company and they have agreed to
purchase the current sweeper for $12,000 at the time of delivery of a new sweeper or $13,000, if
they can take possession in January, allowing them time to refurbish it before spring,
Mr. StatTord advised the cost of a City membership in the State of Minnesota Cooperative
Purchasing Venture is $350 annually and membership is not required every year, The cost of a
new Elgin Street Sweeper form Mac Queen Equipment Company of St. Paul, utilizing the state
bid, including trade-in and sales tax would be $85,411.94, This is below the $110,000 budgeted
by the Public Works Department.
Mr. Stafford asked the Council to consider approval to join the State of Minnesota Cooperative
Purchasing Venture and purchase the new Elgin Street Sweeper through the state bidding
process,
City Accountant, Terry Post, noted that the total $110,000 capital item is budgeted, $55,000 from
the general fund and $55,000 from the surface water management utility fund, He also noted a
$12,000 trade- in amount was budgeted as 1997 General Fund Revenue, He noted the state bid
has been for a two year fixed price for the street sweeper and this is the last quarter this fixed
price will be in effect.
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ARDEN HILLS CITY COUNCIL - JANUARY 2. 1997
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Councilmember Malone questioned the delivery date of the street sweeper. Mr. Stafford advised
the street sweeper should be delivered by spring, Ifthere was a delay, Mac Queen Equipment
Company will loan the City another sweeper on a no cost basis,
Councilmember Hicks asked ifthis street sweeper would include a broom on the right side only,
Mr. Stafford explained Staff has requested the left side gutter broom be deleted for a savings of
$4,000, They have requested the addition of an automatic lubrication system which will apply
constant lubrication to the bearings at an additional cost of approximately $7,000,
MOTION:
Keirn moved and Malone seconded a motion to approve the City of Arden Hills to
join the State of Minnesota Cooperative Purchasing Venture, at a cost 01'$350
annually and approve the purchase of a new Elgin Street Sweeper from Mac
Queen Equipment Company ofSt. Paul, Minnesota in the amount 01'$93,199, less
$13,000 for trade-in and sales tax of $5,212,94 for a total cost of $85,4] 1,94, The
motion carried unanimously (5-0),
ADMINISTRATOR COMMENTS
Mr. Frilsinger reported an offer has been made to a candidate for the building inspector position,
The individual will be responding on Monday or Tuesday of next week.
Mr. Fritsinger reported he has met and interviewed with an individual in regard to the taping of
the City Council meetings, He stated he felt this was a good candidate and he will be speaking
with the City of New Brighton tomorrow to gain their approval, He noted the individual is also
involved with the Cable Commission and will have access to equipment which can be used at
other locations,
Mr. Fritsinger suggested the Department Head-Council Retreat be held on either February 7 and
8,1997, or February 21 and 22,1997, There was Council consensus that neither of these dates
would work, Staff was directed to determine an alternate date for the retreat.
COUNCIL COMMENTS
Councilmember Hicks noted a letter received complimenting the Public Works Department on
their quality snowplowing, He thanked all the City of Arden Hills Stafl' for the good job done
last year,
Mayor Probst noted the Ramsey County reception for the new Commissioners will be held on
January 7, 1997,
Mayor Probst noted the National League of Cities Annual Congressional City Conference is
scheduled for March 8-11,1997, He also reminded Councilmembers of the Minnesota Cities
Conference which is coming up soon, He encouraged Councilmembers to attend either or both
ofthese conferences as they offer valuable opportunities,
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Mayor Probst noted an article in the League of Cities monthly paper in regard to St. Paul's
recently adopted right-of-way ordinance, He stated this may be an area for the City of Arden
Hills to address as part of the recodification process,
Mayor Probst stated his intention by the appointments to Commission, Committee, and Task
Forces was not to discontinue thc work of the existing committees but to continue the existing
committees until such time as Councilmembers and Staff have the opportunity to work the
situation out as the City moves into 1997, He noted he had discussed the issues of Council
liaison and Staff time as it relates to these commitments with Mr. Fritsinger. Mayor Probst
suggested the task forces be staggered throughout the year.
Councilmember Aplikowski noted her concern that the Ramsey County League of Cities and the
Finance Committee meetings were scheduled to be held on the same night,
ADJOURN
MOTION:
lone moved and Aplikowski seconded a motion to adjourn the meeting at 8:24
, The motion carried unanimously (5-0),
Brian Fritsinger
City Administrator
NOTICE OF MEETINGS
The next regular City Council meeting will be held January 13, 1997, at 7:30 p,m, at the New
Brighton Council Chambers,