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HomeMy WebLinkAboutCC 10-25-1982 . , Hinutes of Regular Council Meeting Village of Arden Hills Honday, OctobElr 25, 1982 - 7:30 p.m. Village Hall Call to Order Pursuant to due call and notice thereof, Hayor Woodburn ca lled the meeting to order at 7:30 p.m. Roll Call Present - Mayor Robert Woodburn, Councilmen Diane HcAllister. ~. Haurice Johnson, Dale Hicks, Thomas Mulcahy (7 : 36) Absent - None Also Present - Attorney James Lynden, Treasurer Donald Lamb, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. Approval of }linutes McAllister moved, seconded by Hicks, that the Min ut es of the October 18th Council }leeting be approved as~. Hotion carried unanimously (4-0) . (Hulcahy arrived at meeting) Business from the Floor None Barbara Kehrberg, Chairman, Human Rights Commission . Chairman Kehrberg explained that the Arden Hills Human Rights Com- mission's fun c t ion is to as s is t the Minnesota Departm~nt of II urn an Ri gh t s in implementing Chapter 363 of the Minnesota Statutes, to advise the Ci ty Council on long range programs to improve commun- ity relations, and to act as negotiator in the no f au 1 t grievance process. Kehrberg reported that most of the Commission is trained in the procedure and has acted as negotiator in two cases of emp loymen t discrimination to date; anticipated the Arden lIills HRC is likely to have 4 to 6 cases a year if it becomes mandatory that app'lican ts go to the local IIRC under the no fault process. Kehrberg reported that the Commission is currently reviewing employment application forms for Arden Hills, and will be working on Affirmative Action Policies for submittal to Council in ear ly 1983. Gerald Singer as ked how res i den ts contact the HRC if he has a comp lain t. Kehrberg explained that the Commission mee ts the first Thursday oJ each month; complaints are handled on a private b as is; noted that the public is welcome to attend any of the HRC meetings. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Ordinance No. 224, Regulating Coin Operated Amusement Devices,and -. Amusemen t Arcades - Amendment Discussion Council was referred to Lynden's Ie t te r of October 25, 1982 rel- ative to Amendment to Video Game Ordinance Reques ted by Flaherty's, and to Flaherty's le t t e r of August 27, 1982 requesting that Arden Hills Ordinance No. 224 be amended by adding an exclusion that no person or entity licensed to sell intoxicating liquor at retail be subject to Sections 4-4 through 4-22. (Coin-operated Amusement Devices) Lynden said he is concerned by the wide gambit of Fleherty's ex- clusion request; sugge. ted that if liquor es tab lishmen ts are ex- empt, othe rs should be also; expressed concern re equal protection under the law. Flaherty explained that Flaherty's have had coin operated devices for over 19 ye a rs; have had youngsters and junior bowlers using the machines and have not had problems; noted that Flaherty's self-police their operation and do not allow minors (under 19 -~ , . Minutes of Regular Council Meeting October 25, 1982 Page Two years of age on the premises after 9:00 p4m. unless accompanied by pare n t or guardian. Flaherty noted that they are subject to restrictions under their liquor license - hours of q:>eration are al ready regulated and minors are not allowed in establishments which are licensed for the sale of liquors. Another concern ex- pressed by Flaherty is that the license fee for coin-operated devices was previously $20/machine; under the new Ord. 224, if have 10 or more machines, the fee is $120/machine plus a $120 lIarcade" license fee. After discussion, Council concurred to de fer action pending fur- the r discussion between Lynden and Flaherty and receipt of a sub- . sequent proposal for Council's consideration, p ri or to 1983 licen- sing. Regulation of Coin-Operated Newspaper Vending D~nsers Lynden referred,Council to his letter of 9-29-82 re Regulation of Newspaper Vending Hach ines, and at t achmen ts thereto; asked Council's input and direction. Lynden no te d tha t reasonable news pape r dis- pense r regulations can be imposed; cannot exclude them or impose requirements which are unreasonable. In discussion, it was noted that Council's initial concern was of saturation of the City with the dispensers. This is not the cir- cumstance at present. Council note d the various locations which were subjects of complaint, (Pine Tree Dr./County Rd. E, Harriet Ave./Benton Way, County Road F at Land O'Lakes driveway). It was au gges ted that an ordinance addressing location, because of safety reasons might be appropriate. McAllister moved, seconded by Hicks, that Coun ci 1 direct the City Attorney to prepare an ordinance controlling pI ace men t of news- paper dispensers. Af t e r further discussion, motion failed. (0-5) Johnson moved, seconded by Hicks, that Coun ci 1 direct HcNiesh to contact the newspaper dis tributors expressing the Counci I' s con- cerns relative to location of the dispensers. Motion carried unanimously (5-0) . Control Data Parking Lot Lease Agreement Lynden reported that CDC expressed BOIDe concern re paragraph 19, "subletting" ; noted that all other revisions referred to in Lynden's Ie t te r of October 14, 1982 are agreeable to CDC. Lyn den said CDC would pre fer that the agreement not include assignment by the Ci ty to a third party. Counci 1 concurred that this provision be deleted from paragraph 19. Lynden will che ck on possibili ty of extending the term of the Ie as e . Final Landscape Inspection Reports: Land O'Lakes Corporate Office Co_mp le x . Bill Thompson (L an d O'Lakes) referred Council to his letter of October 25, 1982, advising of some of the p rob lems which caused a 26% increase in plan t s to ck mortality in 1982 over 1981. Thompson reported that Land O'Lakes proposes to review the land- scape plan, update it, and replace with possibly different spec- ies in some areas. Thompson displayed a plan of the Land O'Lakes property, noting four distinct areas: -formal landscaping -prairie, with trees and shrubs - re s to re d prairie -mowed area Thompson said they would like to redo the plan and resubmit it; noted that Some plant materials did not survive as well as others; SOme loss was in areas where storm sewers were installed and materi als were not replaced. -2- . ... Kinutes of Regular Council Neeting October 25, 1982 Page Three Council concurred that Land O'Lakes submit a revised landscape plan for Council's consideration: Thompson said the plan will be . comp Ie ted in a coup Ie of weeks for Council's review. Emerald Inn Council was referred to report of Landscape Inspection Ervin Oelke (10-10-82) . McNiesh reported that Emerald Inn has not received the landscape report. Council deferred action pending Emerald Innis comments relative to the report and recommended stock replacement. . Public Works Committee Recommendations: Use of Black Diamond and 1983 S t re e t Sweeping Council was referred to recommendations of Public Works Commi t tee (Minutes of Oct. 18th) , memo from Public Wo rks Superintendent Johansen (10-20-82) and to memo from McNiesh (10-1-82) relative citizen input re black diamond etc. After discussion, Hicks moved that Council approve the recommen- dations of the Public Works Committee that black diamond be used for s t re e t sanding purposes and that early s t re e t sweeping be awarded' to a private contractor this season; because of the econ- omy situation. Motion was seconded by Mul cahy. In further discussion, it was queried whether black diamond could be crushed finer. Concern was exp res s ed about piling of black diamond, a f te r it is swept from the streetst because of its long term factor; also of concern was the fact that black diamond col- le c t s in driveways and gutters and remains all year. Original motion did not carry (NcAllister voting in favor; Hicks, Johnson, Mulcahy, Woodburn voting in opposition). (1-4). Hicks moved that, for the t 82 - , 83 season J Arden Hills use salt/ sand for icy streets and contract with New Brigh ton for spring !treet sweeping. Motion was seconded by Johnson and carried. (Hicks, Mulcahy, Johnson, Woodburn voting in favor of the motion; McAllis r.e r voting in opposition 4-1) . Preliminary Discussion - Widening Lexington Avenue North of Con trol D~ It was reported by Woodburn that Co un ty Engineer Weltzin has been req ues ted by Shoreview to include the s tu dy of the upgrading of Lexington Avenue from the present pro j e c t to County Road J in next year's budget, ins te ad of the upgrading of Co un t y Road J which is currently proposed for 1983. Woodburn reported that Weltzin would like encouragement from Arden Hills, as well as Shoreview, in order to plan for federal funding of the project. In discussion, it was no te d that proposed plan s for the Lexington Ave. upgrading are unknown at this time. Some eonce rns expressed were the possible need for additional righ t-of-way, increased . speed and traffic if road is widened, cos t to the Ci ty and/or'. property owners. Council WflS re fe rre.d to a previous Resolution (No. 76-29) Haking Recommendations to Ramsey County for the Im- provement of Lexington Avenue from County Road "n" northward to County Road f1JlI. It was noted that the upgrade of Lexington may be necessary, but massive widening is not necessarily appropriate or desirable to accommodate the necessary travel 1 an e s and de- tached bikeways previously recommended. Council generally concurred that HcNiesh enclose Res. 76-25 wi th letter advising Ramsey County Engineer Weltzin that the Arden Hills Council recognizes that improvement of Lexington is needed, and Council is looking forward to a plan proposal. (4-1) (Mulcahy opposed). Tax Forfeited Lan ds - Resolution Nos. 82-55, 82 - 5 6 and 82-77 Council was referred to map indicating tax forfeited lands in Arden Hi lIs, and to McNiesh's memo of 10-22-82, reporting that the -3- -' ., Minutes of Regular Counci I Meeting October 25, 1982 Page Four Public Wo rks Commi t tee did not feel that the Village should acquire these parcels because of maintenance responsibility, and that Parks Director Buckley did not see any park or open spa ce use for the parcels. Hicks moved, seconded by Mulcahy, thar Council adop t Resolution Nos. 82-55, 82-56 and 82 -57 approving the sale of the parcels described in Ramsey County Land Commissioner's letter of 7-7-82. Motion carried unanimously (5 -0) . COUNCIL LIAISON REPORT S Mounds View Recreat ion Program for HandicaPl'_ed Individuals . Coun ci I was referred to letters to the Ch ai rman of Arden Hills Parks Committee requesting participation in the funding of this program which is currently being utilized by eight Arden Hi 11s residents. McNiesh was asked to send a copy of the Ie t te r request to the Human Rights Commission fo r its recommendations to Council, and to ob tain the names of the Arden Hills participants in the pro- gram. W,W. Grainger Park Dedication McAllister and Mulcahy reported that they met with the architect for the W.W. Grainger Company relative to park dedication for the office/warehouse development on Round Lake Road West. It was re- ported that 5% of the $224,000 land purchase p rice was offered as fullfillment of the park dedication requirement. Council concur- red that 5% is insufficient. Liquor License Request Woodburn reported receipt of a reques t for an on-sale liquor lic- ence for a proposed restaurant in Arden lIills; noted that the City is limited to the six exis ting licenses, unless Counci 1 de- sire s to permit more licenses, and the additional number of lic- enses is approved by referendum. No action was taken. Treasurert s Repo r t Investments October 19 , 1982 - $250,000.00 at Twin City Federal at 8.9% interest, to mature 11-19-82. October 25, 1982 - $1,176,000.00 at Kidder Peab ody at 9.05% interest,to mature 1-24-83. Hicks moved, seconded by Johnson, that Council ratify the Trea- surer's report. Motion carried unanimously (5-0) . Status Report - Union Negot:!J1t1-"'_l!."_ Woodb u rn reported tha t the 6% and 5% two year contract seems to be agreeable; noted tha t the employee's cos t for health and acci- . dent insurance is a concern - want City to pay costs over $25/mo. for family coverage; also request no involuntary time off without pay for regular personnel \"hile temporary or part time employees are on the payroll. After discussion, Council concurre d wi th the no involuntary time- off without pay request, and to increase the employer's share of the f ami ly coverage insurance premium from $160 to $192/mo. , shar- ing proportionately with the employee any further increases in 1983 and 1984. Finance Committee Res ~~ a t i()_,!- McAllister moved, seconded by Hicks, that Council accept the resignation of Milt Carter from the Finance Committee. Motion carried unanimously (5 -0) . -4- . . Minutes of Regular Council Meeting October 25, 1982 Page Five Resolution No. 82 - 5 8, Es tab lishing Special Event Gambling License Fee and Providing for Waiver of Fee for Certain Licenses ,McAllister moved, seconded by Hicks, that Council adop t Resolu- tion No. 82-58, Resolution Establishing License Fee for Gamb ling Device License and Providing for Waiver of Fee for Certain Lic- enses. ($25.00 license fee per event to be charged for gambling device operations involving prizes with a value in excess of $500.00) . MRPA Annual Conference Council was referred to Buckley's memo of October 21, 1982. . McAllister moved, seconded by Hicks, that Council app rove Buckley's attendance at the MRPA Annual Conference on Nov. 17, 18 and 19, and authori ze the $93.00 expenditure. Motion carried unanimously (5-0). REPORT OF CLERK ADMINISTRATOR CHARLOTTE MC NIESH November Council M~eting Schedule Hicks moved, seconded by Mulcahy, that the November Council Meet- ings be scheduled as fol10wa: Nov. 4 at 5:30 p.m. - Special Council Meeting to canvass election results Nov. 8 at 7:30 p.m. - Regular Council Meeting Nov. 22 at 7:30 p .m.- Regular Council Meeting Motion carried unanimously (5-0) . Resolution No. 82 - 54 , Apportioninjl Assessments - Levan der /Daws on Mulcahy moved, seconded by McAllister, that Council adopt Reso- lution No. 82-54, Resolution Relating to Apportionment of Assess- ments Relating to Sanitary Sewer 12 and 13 and Water 71-1. Motion carried unanimously (5-0) . Claims Council was referred to lis t of four claims totall~ng $47,170.50 for approval. McAllister moved, seconded by Johnson, that Council approve the claims as listed. ~Iotion carried unanimously (5-0) . TSB Proposal Council was referred to proposal by TSB for conversion of the City accounting system to computer service. After discussion, Hicks moved, seconded by McAllister that Couneil authorize phasing into the computer service of TSB as detailed in proposal. Motion carried unanimously (5-0) . Adjournment Johnson moved, seconded by McAllister, that the meeting adjourn at 11 :55 p.m. Motion carried unanimously (5-0). . 0~cUZe~tL~ c::r~zAhlb~ Charlotte McNiesh Robert L. Woodburn Clerk Administrator Mayor Notice of Meeting: A Special Council Meeting will be held on Thursday, Nov. 4th at 5:30 p.m. to canvass the Nov. 2 election results. The next Regular Council Mee ting will be held on Monday, Nov. 8, 1982 at 7:30 p.m. at the Village Hall. -5-