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HomeMy WebLinkAboutCC 01-02-1991 " MINUl'ES OF THE ARDEN HILlS RmJLlIR CXlUNCIL MEEl'ING ~Y, ~y 2, 1991, 5:00 P.M. - CITY HALL . Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 5:00 p.m. roLL CI\LL The roll being called the following members were present: May= Thomas Sather, eouncilmernbers Nancy Hansen, Paul Malone, JoArm Growe and 'Ih0lllaS Mahowald. Also present: Attorney Jerry Filla, Treasurer Frank Green, Park Director John Buckley, Public works SUperintendent Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. CI\LL 'ill ORDER AOOPI' AGENDA May= Sather requested the agenda be revised to include the eouncilmernbers Hansen and Growe, under Item #3 Oath of Office. It was also suggested that Item #7 (g) be considered after the consent Calendar, due to the number of residents present regarding this matter. Hansen moved, seconded by Growe, to adopt the January 2 Agenda, as amended. Motion carried unanimously. (5-0) OATH OF OFFICE Mayor Sather administered the Oath of Office to newly-elected eouncilmernbers Nancy Hansen and JoArm GroWe, Clerk Administrator Gary Berger and Treasurer Frank Green. Sather extended congratulations to all appointees. APPROVE MINUl'ES eouncilmernber Malone suggested two minor language co=ections be made on page 4 of the 12/10/90 minutes. Deputy Clerk Iago noted the co=ections. . Mahowald moved, seconded by Malone to approve the minutes of the December 10, 1990, Regular eouncil meeting as amended. Motion carried unanimously. (5-0) CONSENT CALENDAR Hansen moved, seconded by GroWe, to approve the Consent Calendar and authorize execution of all necessary documents contained therein: a. Adopt Resolution No. 91-01, Designating Depositories and COrporation Authorization. b. Adopt Resolution No. 91-01, Designation Additional Depositories for Investment PurpoSes. c. Adopt Resolution No. 91-03, Designating Brcik:erage Firms for Invesbnent in Federal Goverrunent Instruments. d. Adopt Resolution No. 91-04, Transfer of Funds by Telephonic Instructions. e. Approve 1991 Refuse Hauler and Business Licenses. f. Acknowledge Winter Park and Recreation SeaSOnal Employees. g. Designate 1991 Official Newspaper. h. Acknowledge Appointment of Park Director JOM Buckley to 1991 MPRA Board of Directors. i. Approve List of Clailns and Payroll. Motion carried unanimously. (5-0) PUBLIC <X1>1MENTS None. . SI'ATUS RPr i FORSllJND, BIlX:. COMPLETION VIOL. 3197 SHOREWlOD DR. council was referred to a report from Building Official David Kriesel, dated 12-26-90, relative to the building completion violation issued to Wa=en Forslund, 3197 Shorewood Drive. . . . Minutes of the Arden Hills Regular Council Meeting, 1-2-91 Page 2 FORSliJND (Cont'd) Clerk Administrat= Berger referred to a letter fram Attorney John Miller, dated 12-12-90, advising that the Co\mcil has the authority to extend the time within which Mr. Forslund has to comply with the teJ:1ns of the cu=ent b.lllding pennit issued for work on his property. Berger ~lained the current pennit ~ires on May 15, 1991 and the Arden Hills code requires a written awlication fram Mr. Forslund be suJ:rnitted prior to consideration of an extension by Council. Berger also noted the other items mentioned in the Building Officials report have been reviewed and fotmd to be satisfactory. Councilmember Malone stated the resident is continuing work on the b.lllding project toward completion, which was the intent of the Ordinance and actions taken by the city to date. He advised he is not opposed to dismissal of the pending actions and consideration of an extension on the wilding pennit. Malone moved, seconded by Growe, to direct the City Attorney to dismiss the nuisance action cu=ently pending against Mr. Forsland. Motion carried unanimously. (5-0) Attorney Filla ~lained to Mr. Forslund that he will not have to appear in court on January 7, 1991. councilmember Hansen questioned if an extension is requested, how long before the extended permit will ~ire. Berger stated the extension would be granted for six months. Hansen asked Forslund if the project will be completed in six months. Forslund advised that will be sufficient time to cornplete the project. Malone moved, seconded by Growe, to direct the Building Official David Kriesel to notify Mr. Forslund that if he interrls to request an extension of the existing wilding pennit, a written application requesting an extension must be suJ:rnitted to Kriesel prior to April 15, 1991. Motion carried unanimously. (5-0) Council was referred to a memorandum from the Clerk Administrat= dated 12-28-90, recamnending adoption of the revised personnel ordinance. He noted this matter was continued fram the 12/10/90 meeting, due to a lack of the required votes fram Co\mcil. Berger advised all chan:Jes recommended by Council at the 12/10/90 meeting and have been incorporated into the document. He stated one additional minor gender chan:Je, noted by this evening by Co\mcilmember Malone will be included in the final document. AOOPI' ORD #275; PERSONNEL ORD. Berger advised the Attorney has drafted a stm1llIarY ordinance for publication. Malone moved, seconded by Growe, to adopt Ordinance No. 275, Amending Olapter 19 of the Arden Hills Municipal Code Relating to the Personnel Policy for city Einployees, to be effective upon publication, and direct staff to publish the summary ordinance prepared by the City Attorney. Motion carried unanimously. (5-0) COllllCil COIml1el1ded staff for their work on the d=ument. . . . Minutes of the Arden Hills Regular council Meeting, 1-2-91 Page 3 Council was referred to a letter fram Attorney Filla elated 10-22-90, relative to reconfiguration of the Plarming Commission and elimination of the Board of Appeals. Filla stated the Council had requested staff to review the structure of the Plarming Commission, review the size and consider changes in the Commission duties. He advised the proposed Ordinance amendment reduces the size of the Commission to seven members, the appointments to the Commission remain on an annual basis, and specific duties are des=ibed. He noted the review of variances and appeals fram administrative decisions was formally a function of the Board of Adjustments and Appeals, and functions listed under Section 20-24 were included to indicate specification auth=izations harrlled by the Commission by state statute and upon direction fram council. AOOPr ORD. 276; PLANNING cn1M. DUTIES eouncil1nember Mahowald questioned the necessity for the amendment to Section 20-22, regardin:J a quorum. Attorney Filla advised the amendment is not necessary, based on the reduced number of Plarming Commission members; suggested the section be repealed rather than amended. eouncil1nember Malone questioned if the duties listed in Section 20-24 are new requirements; commented that the Commission has not previously reviewed such :matters . Filla advised the requirements are :maroatory obligations inposed upon planning agencies under the land Planning Act. He explained Council :may determine that Plarming Commission review is not necessary on some ilrprovement projects due to the fact the project does not affect the Comprehensive Plan. Filla stated other :matters, such as land acquisition f= parks, should be referred to the Commission for review. eouncil1nember Grawe questioned if the appeal process relating to variance recommendations = appeals of administrative decisions is eliminated. Filla explained the amendment eliminates a separate Board of Appeals and transfers all the responsibilities to the Planning Commission. He stated the amendment effectively eliminates two reviews of the planning applications; initially the Board of Adjusbnents and Appeals was named due to its primary purpose to serve as a body to review administrative decisions on planning :matters which required code interpretation. council1nember Malone questioned if the merge of the appeals process duties to the Planning Cornmission is sufficiently outlined in the ordinance language. He also questioned if the Board of Appeals is required by state statute. 'lhe Attorney explained the language revisions and elimination of certain sections of the existing ordinance effectively outline the transfer of duties. He noted that state statutes require the dele:J"ation of a body to perfonn the Board of Aj:peals functions, however, it does not specify it must be a separate group fram Planning Commission. Malone moved, seconded by Grawe, to adopt Ordinance No. 276, Relating to the Fstablislnnent and Duties of the Arden Hills Plarming Cornmission, with an amendment to list Section 20-22 as repealed, and to be effective upon publication. Motion carried unanimously. (5-0) Minutes of the Arden Hills Regular Council Meeting, 1-2-91 Page 4 . Counci1Inember Hansen reviewed previous discussion by Council as to the possibility of enacting an ordinance prohibiting adult books stores in the City. Attorney Filla advised that while the activity cannot be prohibited, the City may regulate the following: 1. Areas in the City where such materials are sold, by defining this use in a specific zoning district; 2. The display of such materials within a facility and advertisement of the materials; and 3. Restrict the availability and sale of such materials to minors. DISCUSSION; ADULT BCOK sroRES Filla suggested if it is anticipated that this matter will became an issue in the city, an atterrpt to regulate the matter be undertaken. He suggested the city conduct a survey to determine if other canununities are facing this problem and how it is being handled. NWYS BUREAU JT. POWERS AGREEMENT Council was referred to a memorandum fram the Clerk Administrator dated 12-26-90, relative to the proposed Joint PcMers Agreement with the Northwest Youth Services Bureau. . Attorney Filla stated he has reviewed the 1977 NWYSB Joint PcMers Agreement document and it appears the document remained in effect for one year and should have been renewed on an annual basis by Council action. Counci1Inember Hansen explained there was a perio:i of time when Arden Hills did not participate in support of the organization. Filla reviewed the apparent chan;Jes in the document: 1. The organization will no longer provide auditing services; 2. The fonnula for calculating the cities financial participation to the organization will chan;Je; and, 3. The contract remains in effect continually and the participating cities must take formal action within 60 days pri= to year end to withdraw fram the agreement. The Attorney explained the agreement as it stands may constitute an :i1nplied contract among the cities through 1990 based on participating cities actions, funding and recognition of the organization. He stated that the city must take positive action to remain as one of the supporting cities. During Council discussion of proposed changes in the agreement, it was suggested that this matter be deferred until such time as more information is carrpiled by staff and/= a representative of the organization attend the meeting to answer questions and provide information on the document contents. Council1nember Malone and Hansen questioned if the agreement :i1nplies contribution to the organization. Attorney Filla stated that if the city enters the agreement, it :i1nplies contribution will be made to the organization for 1991 and continuously thereafter, unless formal action is taken prior to the end of 1991 to terminate the agreement. . Mahowald moved, seconded by Growe, that discussion of the Joint Powers Agreement be tabled to a future worksession meeting and that staff be directed to carrpile further information regarding the concerns expressed by Council. Motion carried unanlIrously. (5-0) Minutes of the Arden Hills Regular Council MeetiD:J, 1-2-91 Page 5 . 1991 APPOINIMENI'S COUNCIL, EMPIDYEE, CITIZEN o::.MMITI'EES Council was referred to a letter from May= Sather dated 1-2-91, relative to reconnnended Council appointments for 1991 ActiD:J May= am o:mni.ttee Liaisons, city En1ployees, am citizen o:mni.ttees. Sather reconnnended deletion of the members of the Board of Appeals from the Conunittee List am requested a letter be sent to the members to detennine their interest in serving on another committee. He reconunended the appointment of Isslie Reindl to the Public SafetyfWorks Conunittee, as requested in the letter dated 1-2-91. Counci1member Hansen concurred with the appointment of Reindl am noted members Roy Ambli am Gene Novak have a low attendance record. She explained the Conunittee has discussed rneetiD:J as necessary, rather than each m:mth. Clerk Administrator Berger advised Novak contacted staff am requested removal from the Conunittee. Hansen stated she will contact Roy Ambli regarding reappointment. Hansen also noted that Dale Hicks has expressed an interest in serviD:J on the PlanniD:J Commission, should a vacancy occur. . Mahowald moved, seconded by Malone, that Council concur with the May='s recannnendations for 1991 ActiD:J Mayor, Council Liaison, city Employee am citizen Committee appointments, as amended. Motion carried unanimously. (5-0) Mayor sather expressed his thanks to Councilmembers for their support am efforts duriD:J the last two years am noted the significant accomplishments of a group effort. He stated he is look.in:J forward to serviD:J with the Counci1Jnembers duriD:J the next four years. RES. #91-05; SOLIDWASI'E ~/PIAfJflC RECYCLING Council was referred to a memorandum from the Clerk Administrator dated 12-27-91, relative to implementation of a solid waste separation project for plastic recycliD:J, with E-Z RecycliD:J. Berger recornmended this natter be tabled to the next reqular Council rneetiD:J, in order for staff to obtain further infonnation relative to the financial obligation of the city upon implementation of the program. Mahowald !1IOved, seconded by Growe, to table action on this natter to the next regular Council rneetiD:J held January 14, 1991. Motion carried unani!1IOusly. (5-0) . Council was referred to a l1lE!1lDrandum from Public Works Superinten:ient Winkel dated 12-18-91, relative to the status of the water loss study. Winkel stated two companies that perfonn water meter certification have been contacted am the cost appears to be similar. He noted one of the companies was unable to undertake the project until the summer !1IOnths am the other company nay be able to begin in early February. winkel advised the price quotes should be available soon and he will report to council upon receipt of the quotesl REE'ORI'; WATER lOSS SIUDY Minutes of the Arden Hills Regular Council Meeting, 1-2-91 Page 6 . S'IDDY (Cont'd) eouncilmember Malone stated is it iITp'>rtant to get the project undeJ:way ani completed by the end of February. eouncilmember Malone questioned if the check valves between the City of Roseville ani Arden Hills have been reviewed. winkel explained it is his understarrling the engineer has reviewed the check valves, hCllNeVer, he offered to discuss the review with the engineer = repeat the process. Council concurred to direct the Winkel ani the City Engineer to again review the check valves. SCEEDULE SPEcrAL MillS; LI\l3OR NEG. & PERFORM. EVAL. Malone moved, seconded by Growe, to schedule a closed meeting for the purpose of labor Negotiations, at 5:45 p.m., ani a meeting at 6:30 p.m., for the purpose of conducting a Performance Evaluation for Park Director Buckley, on Monday, January 15, 1991, ani further directed the Clerk Administrator to fmward the performance evaluation fonns to eouncil. Motion carried unanilrously. (5-0) . TEAM BUIlDnlG Council concurred to schedule a Team Building/Strategic Planning session with staff on saturday, January 26, 1991, fram 8:00 a.m. to 4:30 p.m., at the City Hall. Clerk Administrator Berger reviewed the 1989 materials fram the Team Building session. There was discussion relative to notification of the session as a public meeting. Council directed staff to cletennine if formal action is necessary regarding the session. COUNCIL o::M>lENTS eouncilmember Mahowald ani Malone advised they had an ~ty to witness the LJVFD at a fire scene ani COIl1l1le1'Xled the arief ani personnel. MISC; PU\NNING eouncilmember Growe questioned if the lighting situation CCM1ISSION ITEMS at Howard Johnsons has been c=ected ani if the manager of the Pot 0 Gold hall has responded to the Building Officials letter regarding the surfacing of the parking lot. a::MIDID FIRE DEPARIMENT Deputy Clerk Iage stated the blllding maintenance person at Howard Johnsons has responded to the lighting request ani Planner Bergly will check f= ccmpliance on January 9, prior to the planning meeting; a report will be fmwarded to eouncil. She noted that the manager of the Pot 0 Gold has contacted the Building Official by telephone regarding the surfacing of the parking lot ani advised she will request an update from Kriesel regarding this matter. LJVFD REPORI' eouncilmember Malone reported on the Regional Rail meeting . eouncilmember Malone advised the LJVFD Retirement meeting will be held on the second saturday in January. . RffiIONAL RAIL MEEI'ING REPORI' , . . . ,---- .--~ Minutes of the Arden Hills Regular Council Meeting, 1-2-91 Page 7 E-Z RECYCLING TRUCKS Councilrnember Hansen questioned if E-Z Recycling will be purchasing recycling trucks; noted the company is still utilizing rental trucks. The Clerk Administrator advised part of the E-Z grant application is to provide an additional truck; noted the firm is using a recycling vehicle to pickup materials at City Hall. SNOW REM:>VAL Councilrnember Hansen commented that a recent article in LEXINGroN AVE. the newspaper thanked the City for snow rem:>val on Lexington Avenue; questioned if there is a new policy f= City enployees to remove snow fran the sidewalks. Public Works Superintendent Winkel explained the City did not remove the snow and there is no such policy; it is the responsibility of the property owner. MISC; DISC. MINN. DEPr. OF REVENUE Councilrnember Hansen referred to a recent release of infonnation fran the Minnesota Deparbnent of Revenue and questioned if the information will be forwarded to residents. Mayor Sather explained the mayors of the N=the:rn SUhlrI::'S had discussed the Department of Revenue projections at their meeting and it was suggested that the cities become more "vocal" regarding the issues mentioned in the release. rnAMBER MIG. Clerk Administrator Berger noted the annual Iegislati ve Meeting, sponsored by the Chamber will be held on Friday, January 4, at 7:30 a.m. and requested interested Cmmcilrnembers contact staff for reservations. ADJOURN Malone moved, seconded by Growe, that the meeting be adjourned at 6:30 p.m. Motion carried unanimously. (5-0) ~1112 g~ Gary R. Berger Clerk Administrat= --L;{IL 'IhamasR.Sather Mayor NOITCE OF MEEI'INGS There will be a Closed Council Meeting for the purpose of Labor Negotiations held at 5:45 p.m., and a Special Meeting for the purpose of conducting a Performance Evaluation for Park Direct= Buckley at 6:30 p.m., on Monday, January 14, 1991, at City Hall. The next Regular Council Meeting will be held on at 7:30 p.m., Monday, January 14, 1991, at city Hall.