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HomeMy WebLinkAboutCC 06-14-1993 . . . ...., MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING June 14, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst. Also present were: City Attorney, Jerry Filla; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. ADOPT AGENDA Note was made that the agenda had been revised to include Consent Calendar items "h" and "in. MOTION: Hicks, to adopt the June 14, Motion carried unanimously Malone moved, seconded by 1993 agenda as presented. (5-0). PUBLIC HEARINGS 19~3 PAVEMENT MAINTENANCE - FINAL ASSESSMENT ROLL FOR MILLING IMPROVEMENTS & ADDITIONAL PROPERTY ON OVERLAY ASSESSMENT ROLL Mayor Sather opened the meeting at 7:31 p.m. for the purpose of conducting a public hearing on the adoption of the final assessment roll for the 1993 Pavement Maintenance Improvement project including additional milling improvements and the addition of 3945 Rolling Hills Road to the assessment roll. Note was made that additional milling improvements were petitioned by the affected property owners and the addition of 3945 Rolling Hills Road to the assessment roll was simply an oversight when the assessment roll was originally prepared. Administrator Person verified publication of the notice of hearing in the New Brighton Bulletin on Wednesdays, May 26 and June 2, 1993 and mailing to affected property owners. There was no one in attendance to offer public comment; Administrator Person reported that no written comments had been received. The public hearing was closed at 7:32 p.m. (Action was taken in this evening's Consent Calendar.) . . . Arden Hills Council 2 June 14, 1993 APPROVAL OF COUNCIL MINUTES MOTION: Probst moved, seconded by Aplikowski, to approve the minutes of the May 24, 1993 Regular Council Meeting as prepared. Motion carried unanimously (5-0). CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0). a. Approve Resolution No. 93-33 Adopting Final Assessment Roll in the Matter of the 1993 Additional Milling Improvements Relating to the 1993 Pavement Maintenance Improvement Project. Approve Resolution No. 93-35 Deferring Assessed Cost of Improvement for Bituminous Overlay (for PIN 28-30-23-24-0009, 3915 Rolling Hills Road) in the Matter of the 1993 Pavement Maintenance Improvement Project. Approve the 1993-94 Public Works contract settlement with Local #49 Bargaining unit with implementation of the contract contingent upon obtaining final signatures. Set public hearing date of June 28, 1993 to approve the removal of Sec. VI.F.2. (Parking) from Zoning Ordinance Chapter 213, and to add this section to the Traffic Ordinance Chapter 26.3, and add administrative procedure authority. Approve City Administrator salary change to 95% of current Pay Plan effective 4/1/93, following successful six (6) month performance review. Appoint Hallie A. Finucane to Human Rights Commission. Accept Investment Portfolio for the year 1992 as submitted by Treasurer Terry Post. Approve Resolution No. 93-36, Assignment of Corporate Authority to transfer financial instruments at Piper, Jaffray Inc. Approve League of Minnesota cities Insurance Trust rate 7/1/93 to 7/1/94 for health at 1.8% increase of $2.90 single coverage and $7.47 family; dental at 7.8% increase of $1.48 single coverage and $4.71 family. Approve list of claims/payroll. b. c. d. e. f. g. h. i. j. . . . Arden Hills Council June 14, 1993 3 pUBLIC COMMENTS There were no members of the public in attendance to offer public comment. UNFINISHED AND NEW BUSINESS DISCUSSION REGARDING WATER UTILITY RATE INCREASE & CONSIDERATION OF RESOLUTION 93-34 Note was made that the Council had recently decided to consider a water utility rate increase and had discussed and reviewed the matter at length several times since that decision. The recommendation of the Finance Committee was that a 13% summer and 8% winter rate increase would be justified and such rate increases should be implemented effective the second quarter of 1993. The recommendation of staff was to adopt Resolution No. 93- 34 increasing water charges from $1.79/1,000 gallons to $1.89/1,000 gallons (a 5.6% increase) for winter water purchases (October through March), and to $1.99/1,000 gallons (a 11.2% increase) for summer water purchases (April through September) effective April 1, 1993. City Accountant Post's June 9, 1993 memorandum stated that the primary difference between the recommendations of the Finance Committee and staff was the acknowledgment of the inflationary cost assumption in the 1992 Rate Study. MOTION: Malone moved, seconded by Hicks, to adopt Resolution No. 93-34 Establishing Interim 1993 Water Utility Rates Effective April 1, 1993. Motion carried unanimously (5-0). REVIEW CONSENT DECREE & TRUST AGREEMENT IN MATTER OF OAK GROVE LANDFILL LITIGATION City Attorney Filla explained that the Oak Grove Landfill litigation is proposed to be resolved by means of a Trust Agreement and a Consent Decree, and each municipal unit of government named in the suit is to individually choose whether or not to participate in the proposed settlement. . Arden Hills Council 4 June 14, 1993 Referring to his June 3, 1993 letter, he explained that entering into the Trust Agreement would provide: 1. That Arden Hills would not be admitting liability by signing the Trust Agreement; 2. That Arden Hills would waive any rights to sue other settling parties and would receive a similar waiver of claim in return; 3. That Arden Hills would agree to make a settlement payment pursuant to the terms of the Consent Decree; and 4. That Arden Hills would not be entitled to any distribution from Trust assets, if any exist, when the Trust is terminated. He added that entering into the Consent Decree would provide: 1. . . 2. That current data indicates Arden Hills hauled less than 5,000 cubic yards of municipal solid waste to the site and is therefore considered a de minimus settling third party defendant; That the "de minimus" classification is necessary in order to obtain contribution protection from the united states Government; That the united states Environmental Protection Agency, based upon current data, has no intention of suing the City of Arden Hills; That the City of Arden Hills would make a settlement payment of $26,000 to the United states Environmental Protection Agency in the following manner: A. $15,000 plus interest within 30 days of the entry of the Decree, and B. $11,000 plus interest within one year of the entry of the Decree; That the City of Arden Hills would make a settlement payment to the United states Fish and Wildlife Service in the amount of $576.14 within thirty days of the entry of the Decree; That the de minimus party contribution protection contained in federal statutes would apply to the City of Arden Hills; and That Arden Hills would not be admitting liability by signing the Consent Decree. 3. 4. 5. 6. 7. In summary, Filla stated that, by participating in the settlement, the City would make an agreement with the EPA that Arden Hills would not be sued by the EPA and no other parties involved in the matter could sue the City. . . . Arden Hills Council June 14, 1993 5 Filla stated that records show that the City hauled only four loads of municipal solid waste to Oak Grove Landfill, two loads marked as trees and shrubs and two loads unmarked. He added that the hauling vendor would testify that all loads contained only trees and shrubs, and therefore, the City contributed no hazardous materials to the landfill. Filla explained that the decision before Council is whether it is more economical for the City to participate in the proposed settlement, at a settlement cost to the City of $26,576.14, or continue legal defense, which may cost the City more than $26,576.14. Councilmember Hicks asked how the EPA arrived at the $26,576.14 figure, and what the City has spent thus far in this matter. Filla explained that many contributors were named in this lawsuit, some of which were municipal units of government; each municipal unit of government was reviewed to determine their individual level of contribution to the landfill; the EPA arrived at a total amount for landfill clean up responsibility by all the municipal units of government and divided that total amount amongst the individual municipal units proportionately according to their level of contribution. Administrator Person reported that the only cost incurred thus far is staff time for research and a few thousand dollars in legal fees. Councilmember Hicks asked what chance there is that continuing defense would cost more than $26,576.14. Filla explained that there is no way of predicting potential legal costs because it is not known to what extent the City would be named in lawsuits brought by other parties. He stated that the City has already been named in at least one suit. Filla added that the significant difference between participating in the settlement or continuing defense is the protection contained in federal statutes. Filla commented that the Council can view the proposed settlement as a high price to pay when the City does not believe it contributed in any way to the hazardous waste found at Oak Grove Landfill, or it can view it as protection against further suit at about $3.00 per resident. Councilmember Aplikowski stated her opinion that since the City of Arden Hills is quite sure they are innocent of any wrongdoing or any hazardous contribution to the landfill, the City should not participate in the settlement. . . . Arden Hills Council June 14, 1993 6 Filla commented that all the municipal units of government involved have fallen victim to this same scenario. He reported which units, to date, had chosen to participate in the proposed settlement. Councilmember Hicks agreed with Councilmember Aplikowski's summation that this entire situation appears to be "blackmail" but he added that Council's charge is to resolve the matter in the least expensive manner. Councilmember Probst commented that it is blatantly wrong that Arden Hills and other municipal units of government were named in this suit, and while he finds the situation distasteful, he believes the City has no choice but to participate in the proposed settlement. Councilmember Malone asked if the City could in any way be found responsible for the waste haulers licensed by the City. Filla stated that contributors are divided into the categories of generators, haulers, or operators, and the City cannot be named responsible for simply licensing haulers to collect waste throughout the City. Councilmember Malone stated that he favors participation in the proposed settlement because it appears to be a rational step in protecting the interest of the City. He said he agreed that the cost is unjust, but he understands that the cost to clean up the environment must be paid somehow. MOTION: Malone moved, seconded by Hicks, to authorize the Mayor to execute the Consent Decree drafted May 24, 1993 and Trust Agreement drafted May 17, 1993 provided that such signatures shall not be effective until the date on which the Consent Decree is entered into Federal District Court. Motion carried (4-1; Aplikowski voted nay, all others voted aye). REVIEW PROPOSED OFFICIAL MAP OF EXTENSION OF SHORELINE LANE City Attorney Filla stated that a request has been received to connect two existing portions of Shoreline Lane (a north/south street located about 250 feet west of Lexington Avenue, which presently is separated by two dead ends) to create a straight through continuous connected street. Councilmember Malone clarified that this matter was reviewed and discussed by the Planning Commission in February and March of 1992, however, no official action was taken. . . . ',' . Arden Hills Council June 14, 1993 7 Councilmember Probst recalled that perhaps the reason this matter was not brought to closure when it came before the Planning Commission was that although many residents were represented at the meetings, some affected parties were not available for input, therefore, other options were examined. Administrator Person stated that a public hearing would be required before action could be taken, and staff is seeking direction from Council as to what options they wish to consider. she advised that one of the expected Planning Commission agenda items, probably in August 1993, involves proposed subdivision of the Hanson property, which would be directly affected by extension of Shoreline Lane. Councilmember Aplikowski asked if the straight through connection of the two portions of Shoreline Lane would be a positive move from a utilities standpoint. Public Works Superintendent Winkel said it would be, and it would also be better for the Hanson property. Councilmember Malone added that connection of the street would be an improvement from the standpoint of traffic circulation and emergency vehicle access. Filla said this street connection is not part of the City's official street map, but could be added to the map, thereafter considered a "paper street". He added that doing so should not be difficult and could be accomplished by staff perhaps with the assistance of City consultants. Councilmember Malone said that adding the street to the City's official street map would allow the City to plan for the street connection. Mayor sather commented that it appears that any option other than creating a straight through connection of the two portions of Shoreline Lane could be problematic. Councilmember Hicks recalled that the Planning Commission's recommendation was for the straight through connection. MOTION: Malone moved, seconded by Aplikowski, to direct staff to prepare the necessary background information and proposed amendments to the official City street map for Council review prior to Council consideration of setting a public hearing regarding the possible connection of the two existing portions of Shoreline Lane. Motion carried unanimously (5-0). . . - ~.. . Arden Hills Council 8 June 14, 1993 COUNCIL COMMENTS LOCAL #49 EMPLOYEES BENEFITS Administrator Person reported that the 1993-94 labor agreement for Local #49 Public Works employees has been signed, however, the question has arisen as to whether the agreement has provided Public Works employees with "similar level of benefits" as other City employees, as required by City ordinance. Person provided a comparison of health, life and dental insurance benefits provided to non-union employees and union employees, and noted that through the Local #49 labor agreement, union employees have the availability of a lesser amount of life insurance than non-union employees. Therefore, she recommended that Council allow union employees to participate in additional life insurance coverage, through the city's plan, at the employee's cost. Discussion took place comparing the limits of coverage available through various sources to union and non-union employees. Councilmember Malone commented that Local #49 members negotiated for what they wanted, and the City agreed to a settlement, and this matter should have been considered prior to reaching an agreement. Person commented that apparently it was an oversight during union negotiations to review the life insurance coverage limits, and since Local #49 members are expected to renegotiate their plan before the end of calendar year 1993, her recommendation was simply to assure compliance with City ordinance in the interim. MOTION: Hicks moved, seconded by Aplikowski, to approve the Local #49 employees' participation in the City's plan for providing $10,000 life insurance benefits, through calendar year 1993, at the employee's cost. Motion carried unanimously (5-0). MNDOT'S PLANS FOR UPGRADING RAILROAD CROSSINGS councilmember Malone drew attention to a June 1, 1993 letter from the Minnesota Department of Transportation (MNDOT) regarding MNDOT's safety signage and pavement marking plans for selected railroad crossings, including the railroad crossing at Grey Fox Road in Arden Hills. . e . " , ' Arden Hills Council 9 June 14, 1993 Malone commented that while he applauds MNDOT's safety efforts, he does not believe the railroad crossing at Grey Fox Road warrants this level of priority because it receives much less use than other crossings. staff was directed to write a letter to MNDOT advising of Council 's position that the Grey Fox railroad crossing need not be a priority crossing in MNDOT's signage and pavement marking program. ADJOURN MOTION: Hicks moved, seconded by Probst, to adjourn the meeting at 8:28 p.m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator NOTICE OF MEETINGS: The next regular Council meeting will be held June 28, 1993 at 7:30 p.m. at City Hall.