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HomeMy WebLinkAboutCC 09-25-1989 . a. . b. c. d. e. f. g, . MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 25, 1989 - 7:30 P.M., CITY HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 P.M. ROLL CALL The roll being called, the following members were present: Mayor Thomas Sather, Councilmembers JoAnn Growe, Nancy Hansen, and Paul Malone. Also present: Clerk Administrator Gary Berger, City Attorney Jerry Filla, City Engineer Terry Maurer and Administrative Secretary Mary Ann DeLaRosa. Absent: Councilmember Thomas Mahowald. ADOPT AGENDA Growe moved, seconded by Hansen to adopt the agenda as submitted. Motion carried, (4-0). APPROVE MINUTES Hansen moved, seconded by Growe that Council approve the September II, 1989 regular Council minutes as submitted. Motion carried, (4-0). CONSENT CALENDAR Hansen moved, seconded by Growe, that Council approve the Consent Calendar for the September 11 meeting and authorize execution of all necessary documents contained therein: Approval of BRC Hardware Maintenance Agreement for the Optiscan electronic voting machines. Acknowledgement of information submitted by Parks Director John Buckley on aquatic weeds. Adoption of Ordinance No. 262 and 263, NSP Gas and Electric Franchise Agreements. Approval to advertise for the public works maintenance position. Acknowledgement of a report by the City Engineer on County Road E/Pine Tree Drive business accesses. Acknowledgement of an update by the Parks Director on replacing gates in City parks. Follow-up report on compliance with North Star Risk will be on October 10 Council agenda. Approval of the List of Claims and Payroll. Motion carried (4-0). PUBLIC COMMENTS Mr. Herb King, Manager of the Light Brigade, was present with checks totalling $2,616 which represented a donation from five charities to be used toward the purchase of a new pick-up truck for the City's Parks Department, On behalf of the Parks Department and the City Council, Mayor Sather accepted and thanked Mr. King for the generous donation. RV STORAGE Mr. Steven Vodonik, on behalf of his father Joseph, 1723 Glenview Avenue, was present to request permission to park his recreational vehicle on his property. He noted that he has parked this vehicle in his yard for the last six years and there has never been a problem. September 25, 1989 Council Meeting - Page Two . Mr. Vodonik asked that one of three things be considered: 1. Change the ordinance to allow 25' vehicles be stored, rather than 20', 2. Take unusual circumstances into account, i.e., aesthetic reasons for allowing the vehicle, such as on wooded versus non-wooded property. 3, Develop a system to allow a variance of this particular ordinance from Ordinance requirements. Mr. Vodonik asked for a six month extension, noting that his parents will be leaving soon for a period of four months, but that he will be faced with the storage problem again when they return. He understood from the CSO that there had been no complaints received regarding storage of the RV on the property. Councilmember Hansen stated she would prefer ordinance enforcement, but that the City should allow the vehicle to stay and ask the Clerk Administrator to look at a possible ordinance change. . City Attorney Filla noted that the Council could suspend the ordinance regulations pending a staff review, but should direct staff to look into this matter. Councilmember Malone noted he is not interested in amending the ordinance at this time and asked the City Attorney if our ordinance is unduly restrictive. Attorney Filla responded that he is of the opinion that Arden Hills' ordinance is more liberal than other cities on this; suggested staff double check with other communities before further action is taken. Councilmember Growe agreed and felt that no RV vehicles need to be moved until after the survey is completed. Clerk Administrator Berger noted that staff had been asked to follow-up on ordinance enforcement and that he would report back in two weeks at the October 10 Council meeting. After discussion, Council directed the Community Service Officer to survey other cities to see how they handle this matter and to report back to Council October 10 with the survey results. Until that time, Mr. Vodonik will be allowed to park his 25' recreational vehicle on his property in its present location. ASSMT. HEARINGS DEL. UTILITIES Mayor Sather opened the meeting at 7:49 P.M. for the purpose of a public hearing to certify delinquent utility accounts to the County Auditor. Administrator Berger verified that the Notice of Hearing was published in the New Brighton Bulletin on September 13 and mailed to affected property owners on September 12, 1989. Staff noted that one payment for the delinquent utility account had been received since the packet was mailed, thus an additional name should be deleted from the assessment roll. Mayor Sather asked for questions or comments from the public. There being none, he closed the public hearing at 7:50 P,M. . Councilmember Malone moved, seconded by Councilmember Growe, to adopt Resolution No. 89-44A, "RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS FOR DELINQUENT SEWER AND WATER ACCOUNTS". Motion carried unanimously, (4-0). . September 25, 1989 Council Minutes, Page Three Mayor Sather opened the meeting at 7:53 P.M. for the purpose of a public hearing to certify delinquent diseased tree removal accounts to the County Auditor. Administrator Berger verified Notice of Hearing had been published in the New Brighton Bulletin on September 13 and mailed to affected property owners on September 12. Mayor Sather asked for questions or comments from the audience. Hearing none, he closed the public hearing at 7:54 P.M. Councilmember Growe moved, seconded by Councilmember Hansen to adopt Resolution No. 89-45A, "RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL". Motion carried unanimously, (4-0). CLASS B GAMBLING LICENSE, BIG 10 Mr. Fred Haas, President of the Shoreview/Arden Hills Lions Club, was present for the continued discussion of his request for a Class B gambling license to allow Big Ten Supper Club. gambling at the . City Attorney Filla noted that unless the City amends its current gambling regulations, the Council cannot approve the requested application, since the moratorium limits the number of gambling licenses to nine. Filla also noted that even if the City amended their regulations, they could not approve the license to allow gambling at the Big Ten until after November 1, 1989, because of previous gambling violations at that establishment. Mr. Haas noted that the Lions Club has never been licensed before in Arden Hills, nor have they ever had a license revoked. Councilmember Hansen stated she has no desire to increase the number of gambling licenses in the City, but that the Lions Club should be considered for the first available license. Mayor Sather noted that there are 7 Class A, and 2 Class B licenses issued within the City, which is the maximum allowable. He suggested that the Lions Club license be denied based on the fact that all available gambling licenses are occupied, but if a license becomes available around the first of the year, the Lions Club could work to secure that license. Councilmember Malone agreed with Mayor Sather's comments and added that the formula for gambling licenses was one license per approximately each 1,000 residents, Councilmember Malone moved, seconded by Councilmember Growe to adopt Resolution No. 89-48, "RESOLUTION DENYING CLASS B GAMBLING LICENSE REQUEST". Motion carried unanimously, (4-0). GAMBLING REGULATIONS Council acknowledged a letter from City Attorney Filla dated September 21, wherein he reviewed a draft of proposed Arden Hills Ordinance No. 249 relative to the regulation of lawful gambling within the City. Council discussed a 3% contribution versus a $100 investigation fee. Attorney Filla noted that current law allows the City to adopt regulations which would require . September 25, 1989 Council Minutes, Page Four . licensed organizations to contribute 10% of their net profits to a fund which would be administered and regulated by the City, which could be used for "lawful purposes" which include public improvements and public services. Council asked Filla to prepare a draft ordinance to submit prior to December and concurred to address these items at a special work session to be held in December. MN/DOT PLANS Council acknowledged receipt of a September 18 letter from Engineer Maurer relative to his review of the preliminary plans for Layout No, 17, relating to the proposed location and construction of 1-694, near I-35W. Councilmember Malone moved, seconded by Councilmember Growe, to adopt Resolution No. 89-46, "RESOLUTION FOR LAYOUT APPROVAL", Motion carried unanimously, (4-0). AH/SHOREVIEW WATER CONNECT Council acknowledged receipt of a letter dated Sept. 22 from Engineer Maurer and a copy of a letter from Shoreview's Public Works Director Chuck Ahl, outlining proposed construction of an emergency water interconnection at Lexington Avenue and Grey Fox Road. It was noted that the estimated cost of this project is $31,280, with Arden Hills to pay 50% of the cost, or $15,640, with the agreement cost to be charged to Account 601. A sample interconnection agreement was also presented for concept approval. . Councilmember Malone asked if the water valve could be opened in the event of a major fire. He suggested that the wording of "fire or declared emergency" should be added to Section E, Use of Interconnection. He also asked who would perform testing referred to in Section G, Water Standards and Construction. He suggested St. Paul Water perform the testing, Malone also expressed concern ever water useage beyond a 48 hour period and the fact that there is no meter to reflect such useage, as noted in Section F, Notice. After discussion, Councilmember Malone moved, seconded by Councilmember Hansen, to approve the emergency water connection at Lexington Avenue and Grey Fox Road, at a City cost not to exceed $15,640, and also to enter into an agreement with the City of Shoreview for the cost-sharing of installation and future maintenance of the connection, with the agreement to address Councilmember Malone's three concerns. Motion carried unanimously, (4-0). PLUMBING Council acknowledged receipt of a memo from the Clerk INSPECTIONS Administrator relative to concerns over inspections being handled by the current plumbing inspector. Councilmember Hansen expressed concern relative to citizen encroachment on easements and asked if the building inspector or parks/public works employees have been directed to handle the problem. . Mayor Sather commented it would be more appropriate for the parks/public works crews to work on easement encroachments during sl~ck periods. Council concurred. . September 25, 1989 Council Meeting, Page Five After discussion, Councilmember Hansen moved, seconded by Councilmember Growe, to direct staff to notify the current plumbing inspector, Bill Walsh, that his services would be terminated effective October I, and that Building Inspector David Kriesel be authorized to perform plumbing, sewer and water inspections at his current hourly salary rate, Motion carried unanimously, (4-0). HUMAN RIGHTS APPOINTMENTS Council acknowledged receipt of a memo from Clerk Administrator Berger noting a vacancy on the City's Human Rights Commission. Councilmember Growe noted that she had met both applicants at the Human Rights Commission meeting last week, She explained both are equally qualified and would recommend appointment of both individuals. Councilmember Hansen moved, seconded by Councilmember Growe, to appoint Mary W, Stevens, 3209 Shorewood Drive and George E. Larson, 1129 Benton Way, to the Human Rights Commission, effective September 25, 1989, for three year terms ending in 1992. Motion carried unanimously, (4-0). . LEVY RESOLUTION Council acknowledged receipt of a memo from Clerk Administrator Berger relative to the proposed corrected levy resolution. Councilmember Hansen moved, seconded by Councilmember Malone, adoption of Resolution No. 89-47, "RESOLUTION CLARIFYING SUMS OF MONEY TO BE LEVIED FOR LEVY YEAR 1989, PAYABLE IN 1990". Motion carried unanimously, (4-0). MISCELLANEOUS LIFT STATION Clerk Administrator Berger noted that Financial Consultant Jim Casserly will prepare a strategy on how to finance the Cleveland Avenue lift station. PERSONNEL - RECEPTIONIST Administrator Berger advised Council he had recently been informed that the employer portion of Amy Triese's health insurance costs had been paid for the last two months, and that since she has been on unpaid leave of absence since June 21, he consulted with Labor Relations Consultant Karen Olson to determine if this was acceptable practice. Ms. Olson stated this was not common practice, and explained during an unpaid leave, all employee benefits cease. Berger recommended that the employer portion of Ms. Triese's health insurance cost be terminated effective September 25, 1989. According to Ms. Olson, the City should also set a deadline for her return to work, as not having a deadline would set a precedent for other employees. . Councilmember Malone noted his surprise to learn of these inappropriate payments and stated they should be terminated immediately. He also noted that one condition required of a probationary employee is their availability for work, and this has not been demonstrated. Malone suggested that Ms. Triese be requested to return to work on Tuesday, October 10, and if this is not possible, Council would consider termination. He also stated that it would be permissible to ask for a reimbursement of the $410 overpayment but in this case, Council should be lenient and not ask for reimbursement. Councilmember Hansen agreed not to seek reimbursement, agreed that benefits should be terminated immediately, and a deadline should be set for the employee's return to work. September 25, 1989 Council Minutes, Page Six . PERSONNEL Councilmember Growe and Mayor Sather concurred. Sather noted that this only highlights the need for a personnel ordinance, so employees know what to expect regarding not only benefits, but other aspects of employment as well. Administrator Berger noted that although this overpayment was a clerical error, it should have been brought to his attention immediately and he will review such matters with staff to avoid future occurrences. Councilmember Malone moved, seconded by Councilmember Growe, to terminate the employer portion of Ms. Triese's health insurance benefit costs effective September 25, 1989 and that the Clerk Administrator be directed to advise her that she is expected to return to work on Tuesday, October 10, with failing to do so, resulting in possible termination. Councilmember Hansen suggested a return to work date of October 16. Councilmember Malone stated two weeks is ample time, and that the City has been waiting for over three months already. Voting on motion: Ayes: 3, Nays: 1, Hansen. Motion carried. . Councilmember Hansen noted she volunteered at the Sept. 23 Household Hazardous Waste Collection Day, and that four residents volunteered their services, two from her family and David and Dorothy McClung. She noted that as of 2:00 P.M., over 400 people had participated in the disposal of household hazardous waste materials. She also noted that October is National Fire Prevention Month and encouraged everyone to attend the Fire Department's Open House. COUNCIL COMMENTS HAZARDOUS WASTE SIGN REQUEST Councilmember Hansen also distributed information on an item that came up at the last Public Safety/Works Committee meeting, regarding a request from Mr. Gene Novak for two "Caution-Children Playing" signs in his neighborhood. She noted that this item will be on the October 10 Council agenda. Councilmember Hansen informed Council that she may not be at the October 19 Public Safety/Works Committee meeting and asked if there was someone else who could put it on their agenda. OAK AVENUE Councilmember Hansen also asked if the Oak Avenue project is completed. Public Works Supervisor Dan directed to report back to Council on the status of this Winkel was project. MISCELLANEOUS Councilmember Malone asked for the 1988 year-end costs for the LJVFD. He also noted that he had attended a Ramsey County meeting to discuss light rail transit and that the proposed cost of LRT is $20 million per mile, as opposed to $40 million per mile for freeways. . ADJOURN Hansen moved, seconded adjourned at 8:58 P.M. Ga~ B-r;;g~ Clerk Administrator There will be a special work session on Monday, October 2, 1989, at 4:30 P,M, to discuss the Shoreview/Arsenal utilities. The next regular City Council meeting will be held on TUESDAY, October 10, 1989, at 7:30 P.M.