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HomeMy WebLinkAboutCC 10-31-1983 , - - Minutes of Regular Council Meeting Village of Arden Hills Monday, October 31, 1983 - 7:30 p.m. Vi llage Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the Meeting to order at 7:33 p.m. Roll Call Present - Mayor Robert Woo dburn, Councilmen Diane McAllister, Dale Hi cks , Thomas Mulcahy, Michael Christiansen (7 : 45) . Absen t - None Also Present - Bond Counsel Thomas Deans, Treasurer Donald Lamb, Enginee r Donald Christoffersen, C Ie rk Administrator Charlotte MeN iesh, Deputy C Ie rk Dorothy Zehm. Approval of Minutes Hicks moved, se conde d by Mulcahy, that the Minutes of the Special Council Meeting of October 11, 1983 be approved as corrected. Motion carried un animous ly. (4-0) Business from the Floor None Evaluation Study of Arden Hills Parks and Recreation Pro~ram - Charles Tooker Council was referred to Ie t te r from Charles Tooker ( 10-31-83) and attached evsluation of the Arden Hills Parks and Recreation Program. Tooker said he met wi th the Ci ty Clerk and the Parks and Rec rea tion Directo.r to collect background material and then visited each of the City park sites. Tooker briefly reviewed some of his findings; noting that in recent park development, the natural features have been preserved in the process of p rovi din g active recreation a re as ; stated that the neighborhood park sys tem conne c te d by trails can be a show pie ce ; noted that the open space system exceeds re commende d standards; sugges te d tha t athletic fie Ids be introduced into the neighborhood system, as an al te rnat i ve to the proposed remote arsenal site. Mulcahy expressed his appreciation for the park study; noted that the document indicates areas of strength and weaknesses in the system; sees many action items coming 'out of the study. (Councilman Christiansen a rri ved at Meeting) In discussion, McAllister queried what is me an t by "natural play sculptures" (p a ge 2 , un de r Programming) . Tooker explained that he feels young children tend to prefer brightly colored equipment; suggested this mi gh t be tried in Ingerson Park to generate enthusiasm for park use. (p. 4 - Philosophy and Goals) "community serving facilities" . was queried. Tooker explained that these would include indoor f acili tes such as rinks, pools etc; note d that the County and Schoo I sys tems are currently providing these facilites. In discussion of the arsenal site, Tooker explained that the proposed site, bordered by industrial, is not .a good pIa ce for a park; access is limited an d would be by auto only; City now has convenient facilites; noted that the arsenal site would not serve anyone, except leagues; arsen al site would not serve any residential nee ds or needs of older residents. Tooke r noted that the City t rai 1 system serves older residents; suggested the City may wish to provide something more for 01 de r people, not a duplication, but perhaps an extension of the community center program. , . " Minutes of Regular Council Mee tin g Monday, October 31, 1983 Page Two It was noted by Woodburn that the basis for the arsenal location for ball fields is resident opposition to league play in neighborhood parks. Tooke r s ugges te d a facility similar to that in Cummings Park, which he des cribed as a "magnificent facility" . Adele An de rs on, Park Committee member, asked if the Committee will be given an opportunity to respond to the report and to d is cuss the re commendati ons wi th Mr. Tooker. Council accepted Mr. Tooker's rep art; e xpres sed its appreciation . to Mr. Tooke r for the evaluation, and referred the report to the Parks and Recreation Committee for study and comments to Counci 1. Industrial Revenue Bonds for Arden Hills' Business Center, Woodbridge Properties , Inc. Council was re fe rre d to draft of Industrial Revenue Financing Application Requirements for Arden Hills Business Center, which Bond Counsel Deans said he and Clerk Administrator McNiesh, propose for Council's consideration. Dean's explained that even though general guidelines have not been adopted for Industrial Reven ue Financing, .he feels Council should at Ie as t adopt application requirements for this specific project, which he des cri be d as standard requirements for application. Deans repo rted that Woo db ri dge has submitted most of the requi remen ts already. In discussion of the Application Req ui remen t s and Application Form, it was noted by De ans that the pcoject involves 3 phases; and the re fore 3 public hearings are requi re d and 3 applications. Deans explained that the amoun t of non-refundab Ie cash payment and the amount of cash deposit for administrative and consulting costs are a Council determination; the $5,000 and $10,000 are suggested amounts, and are the fees charged by some neighboring cities. Deans explained that specific fee requirements should be adopted; noted that a fee can be waived by Council for specific projects, if Council determines to do so. (Section 2 - Other Conditions) Deans explained that all required repo rts on the project, e. g. feasibility study, will be submi t ted to Council prior to the public hearing by the various consultants; noted that the City has the ri gh t to designate the bond counsel, and other consultants, and to emp loy desired le gal, accounting, engineering, etc. consultants to review the project; noted that the cos t for such consultants is paid by the applicant. Mr. Russell Prince, Juran and Moody, explained that an in-depth analysis will be made by the financial institution providing the Letter of Credi t; there wi II neve r be a loss on it. In explanation of lIequity" and IIguarantee" (Section 2(e) and (f)) , Prince said 'equity' allows the City to require the Letter of Credit for security;'guarantee' is when a project has IIgone bad. " . Mulcahy suggested that the application requirements be a Hpermissivell type document; suggested "may" in all cases" rather than "shall" . In explanation of the "hold harmless" requirement (section 2(h)) De ans said this is another assurance to alleviate the litigation problem, which is standard procedure; noted that his office will require the "hold harmlessll; explained it applies to items occuring before the bonds are issued. (Section 2(k) No As s ignmen t. Deans explained that this prevents the sale of the applicant's rights to anyone else. , . Minutea of Regular Council Meeting Monday, October 31, 1983 Pa.e Three In diacuaaion of feea, Mulcahy auggeated that a fee be adopted wbich will cover actual City expensea; feela the administrative fee of 1% of allount financed ($15,000/3 projecta) ia an "extraction". Deana explained that feea ahould not be baaed on the aize of the iaaue; fees should insure cove rage of snticipated expenses by the City, poasibly $5,000 plua an additional refundable allount; may not need an adminiatrative fee; explained it is a policy deciaion - to make money fo r the Ci ty , or to cover City'a coata. . Hicka moved, aecondeel by Mulcehy, thet the Council aelopt Reaolutton No. 83-64, the Application Requirementa anel Application fo rm aa reviaed: "Section 1- a) Before .!!!.X. City " snd ., . , "Section 2. f) Guarantee: the applicant lIay be required.. . " Motion carried (Hicka, Christiansen, M~lcahy, Wooelburn votins in favor of the ..oUonl McAlliater votins in oppoaition). (4-1 ) lIicks moved, seconded by Christiansen, that Council adopt Resolutions 83-59,83-60, snd 83-61, ~LING POR PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL Jo'AClLITIE.S DeVELOPME.NT PROJECT PURSUANT TO TilE MINNESOTA INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING (PHASE I, 11, .an d I I I) . After discussion, Hicks moved to amend the motion to insert 7:30 p.lI. on November 28, 1983 in the notices of Public Hearing (attached to each reaolution): motion waa seconded by Mulcahy and the motion aa a..ended carried (Hicks, Christiansen, Mulcahy voting in favor of the motion; Woodburn and HcAlliater votiDS in oppoaition.(3-2) Hicka moved that Council require a $5,000 non-refundable cash pay..ent/app1ication ($15,000/3 projects) and to waive $20,000 of the $30,000 required additional caah depoait (3 projects), requiring a $10,000 refundable caah depoait for the 3 projects. Only refundable payment/deposit is to be applied to project costs incurred by the City and excess refunGed to Developer. Motion carried (Hick.; W~o~burn,Mi~lli.tervotin~ in lavo~ ~f the motion; Chriatiansen and Mulcahy voting in opposition). I (3-2) I I I Mulcahy said he feels the non-refundable $15,000 fee would be I aufUcient. It waa CounCil's understanding that the Adlliniatrative Pee (Section 2. i) will be determined at the public hearing. REPORT OP VILLAGE ENGINEER DONALD CHRISTOFFERSEN Approval of Chanr.e Order No. I, Impr. No 81-5 , Royal lIilla Council was re fe rred to Chanse 0 rde r No. I, SS-W-P-ST-8l-5 (Royal Hills), which is an estimate for sod in Floral Park, . in lieu of seeding. After discussion, McAllister moved, seconded by Hicks that Council approve Change Order No. 1, Project No. SS-W-P-ST-81-5. Motion carried unanimously. (:i-O) Reaolution No. 83-62, ApprOVing Plans and Specifications and Ordering Advertisement for Bids on Impr. No. W-83-4, Water North of Highway 96 Christophersen reported completion of Plans and Specifications for Improvement W-83-4, and briefly reviewed the plans with Council. , -- ---.. ------------- ------ ,. Minutes of Regular Council Meeting Monday, October 31, 1983 Page Four Hicks move d, seconded by McAllister, that Council adopt Resolution No. 83-62, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON IMPR. NO. W-83-4, WATl::R NORTH OF HIGHWAY 96. Motion carried unanimously (5-0) (Bid opening at 2 p.m. on November 28, 1983) Arden Hills/New Bri~hton Agreement, I mp r. No. 83-4 Council was referred to draft of Agreement between Arden Hills and New Brighton, for Council's consideration. Hicks moved, seconded by McAllister, that Council approve the . Arden Hi lIs & New Brighton Agreement and authorize execution thereof by the Mayor and Clerk Administrator. Motion carried unanimously. (5-0) Impr. No. S S-W-P-ST- 81-5 (Royal Hills) Application No. 6 and Substantial Completion Council was referred to Christoffersen 'a Ie t te r ( 10-28-83) and attached Contractors Liat of Remaining Corrective Items. It was noted by Christoffersen that the date of the one-year guaran tee pe riod be gins at the time of approval of substantial completion. Christiansen move d , se conded by Hicks, that Council app rove substantial completion of the project and allow the reduction of retainage to 2%. Motion carried unanimoualy. (5-0) Resolution No. 83-55, Establishing Fees for Sale of Alcoholic Beve ragl',S, Amusemen ts and Re c rea ti on , Various Businesses and Itinerant Food Vendors Council was referred to transparencies of an evsluation of current and proposed 1:I.cense fees prepared by Councilman Mulcahy: a) Licenses that yielded over $1,000 in 1983, and b) Licenses paying over $1,000 in 1983. Mulcahy noted that 92% of Arden Hills 1icense income is derived from the six fees that bring in over $1,000 each: On Sale Liquor Off Sale Liquor Amusement Devices Signs Restaurants Hotels, and thst 90% of Arden Hills I 1983 Ii cense fees were paid by six businesses that have liquor licenses; eleven businesses paid between $100 and $400, and the remaining 3b Ii censes paid $1000 in fees. Mulcahy recommended that Council take a hard look at the . system of licensing; suggeS ted that Council consider adop tioD of a simplified Ii cens e fee schedule which could eliminate all but 6 or 8 of the license fees. After discussion, Coun ci I refe rred the evaluation and spread sheet of current license fees to the Finance Committee for review and commen ts for 1985 licensing. McAllister moved, seconded by Hicks, that Council adopt Resolution No. 83- 5 5 , RESOLUTION ESTABLISHING FEES AND LIABILITY INSURANCE REQUI REMENTS FOR ALCOHOLIC BEVERAGES, AMUSEMENTS AND RECREATI ON, VARIOUS BUSINESSES, ITINERANT FOOD VENDORS AND VENDING MACHINES, AMENDING RESOLUTION NOS. 81-6, 81-12, 82-8 and 82-41 AND ABOLISHING RESOLUTION NO. 81-11, as amended. Motion carried unanimously. (5 -0) J . '\ Minutes of Regular Council Meeting Monday, October 31, 1983 Page Five REPORT OF VILLAGE TREASURER DONALD LAMB Investment Oct. 26. 1983 - $100,000 in American Savings and Loan, Stockton, California @ 10.15% interest for 365 d.ays, maturing October 25, 1984. Hicks moved, seconded by McAllister, to ratify the Tre asure r' s inves tmen t. Motion carrie d unanimously. (5 -0) . Human Ri gh t s Commission Resignation Council was referred to a Ie t te r from Ron Christianson resigning from the Arden Hi 11s Human Rights Commission effective immediatly. Hicks moved,seconded by McAllister, that Council re cognize the immediate resignation, and extend Council's appreciation for Christianson's services on the Human Ri gh ts Commission. Motion ca rried unanimously. (5-0) Tax Forfeited Land - Outlot A, Karth Lake Estates Council was re ferred to Ie t te r of Oct. 24, 1983 from Ramsey Co un ty Land Commissioner re Outlot A, Karth Lake Estates, declared as non-conse rva tion land by the Coun ty , and requesting approval of the classifcation and sale of the tax forfeited land by the City of Arden Hi lIs. McAllister moved t seconded by Hicks, that Council adop t Resolution No. 83-63 approving the classification of Outlot A, Karth Lake Estates as non-conse rva ti on land and approving the sale. Motion carried unanimously. (5-0) OTHER BUSINESS County Road E/Hamline - Traffic Control McAllister asked the status of the traffic controls sugges ted by Ramsey County Deputy She riff He rb st. McNiesh reported that she forwarded the suggestion to Engineer Ch ris tof fe rsen for his meeting with County and S tate engineers. Ri ce Creek Watershed District Board of Hanagers It was noted that names of potential candidates for appointment to the Board are to be submitted by the N ovembe r 17th RClm Meeting. Youth Service Bureau Hicks reported that Chris Clausen has req ues te d the nanle of Arden Hills' 1984 representative on the Board, by November 1983, if possible. Woodburn said he feels Hick s will probab ly be re-appoin te d as the Arden Hills rep resen ta.ti ve when appointments are made in January. . Cable TV McAllister reported that the Attorney for the North S ubu rban Cab Ie Commission has strongly advised no individual conversations with Group W relative to the construction delays. Mr. Donut Franchise - Flaherty's Service Station Si te Woodburn reported an inquiry re lative to whether a Mr. Donut would be considered a fas t food facility. Af te r discussion the gene ra I concensus was that Mr. Don ut shops meet many of the criteria of a fas t food fa ci li ty ; therefore would not be permi tted less than 1320 fee t from McDonalds on Co un ty Road E. ---~--- - - ----------- ------ ------- ! . ( Minutes of Regular Council Meeting Monday, October 31, 1983 Page Six REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE McNIESH Proposed Ordinance Amendment Changing Dates Penal ties are Applied for Delinquent Utility Payments Council was referred to McNiesh's memo of October 25, 1983, recommending changing the dates penalties are applied for delinquent utility payments. After discussion, Hicks moved; seconded by McAllister, that Council app rove the penalty date changes as re commended in . McNiesh's memo, and re fer the memo to Attorney Lynden to draft the ne ce s s a ry document to e f fe c t the changes. Motion carried (Hi cks, McAllister, Christiansen, Mulcahy voting in favor of the motion. Woodburn voting in opposi tion). (4-1) (Woodburn said he feels the 8% penalty is too hi gh) Re que s t for Temporary Banner - Hauser's Super VAlu McNiesh reported that Steve Larson, hauser's Super Valu in Arden Plaza, has requested approval to use the same banner November 15 thru J anua ry 3rd which was approved previously, advertising 24 hour business hours at Super Valu. In discussion, concern was expressed that the sign ordinance is being ci rcumvente d by use of banners, and the aes the tics of Arden Plaza is adversely impacted by the use of " temporary banners". Ai t e r discussion, McAllister move d that Council approve the use of the banner from November 15, 1983 to J an ua ry 4, 1984 as requested. Motion did not car ry OlcAllister voting in favor of the motion; Hicks, Christiansen, Mulcahy, Woodburn voting in opposition). (1-4) Resolution No. 83-58, Trans fe rri ng Special Assessmen t Payment from Lo t 14, Block 3 , Arden Oaks to Lot 15 , Block 3 , Arden Oaks Counci 1 was referred to draft of Resolution No. 83- 58. Christiansen move d" seconded by MeAl lis te r that Council adop t Resolution No. 83-58, RESOLUTION VOIDING RECEIPT NO. COO0911 AND ISSUEING RECEIPT NO. COO0913 FOR PAYMENT OF PUBLIC IMPROVEMENT ASSESSMENTS. Motion carried unanimously (5-0) Audit Proposal - Lether, Skwira, Schultz and Co. Council was referred to Ie t t e r from John McCarthy, Lether, Skwira, Schultz and Co. ( 10-26-83) relative to an audit of the financial statements of the City of Arden Hi 11s for the year ending De cembe r 31, 1983, at a fee an t i ci pate d to not exceed $13,000.00 Christiansen moved, seconded by Hicks, that the Council accept the proposal from Lether, Skwira, Schultz and Co. as per Ie t te r . of 10-26-83. Motion carried unanimously. (5-0) Payroll and Claims Council was referred to two Payrolls and to list of Claims plus seven addi tional che cks to taIling $38,890.77 for November Disbursements. Chris tiansen moved, seconded by Mulcahy, that Council approve the Clai ms and Payrolls as presented. Mo t ion carried unanimous ly. (5-0) November Council }!ee tings Regular Coun ci I Meetings will be he ld at 7:30 p.m. on Monday, November 14th and 28th at the Village Hall. ----------~-_.- -- . . t Minutes of Regular Council Meeting Monday, October 31, 1983 Page Seven Ad10urnment McAllister moved, seconded by Hicks, that the Council Meeting adjourn at 11:53 p.m. Motion carried unanimously. (5-0) . I(~~ Robert L. Woodburn Hayor ~ /W~~ Charlotte McNiesh Clerk Administrator Notice of Meeting The next Regular Council Meeting will be held on Monday, November 14, 1983 at 7:30 p.m. at the Village Hall. .