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HomeMy WebLinkAboutCC 07-09-1990 MINUI'ES OF THE ARDEN HILLS RffiUIAR COUNCIL MEETDlG MONDAY, JULY 9, 1990, 7:30 P.M. - CITY HALL . Pursuant to due call an:l notice thereof, Mayor sather called the meeting to order at 7:30 p.m. ROIL CAlL 'Ihe roll being called the following members were present: Mayor 'Ihornas sather, COllilciJ.members JoAnn Growe an:l 'Ihomas Mahowald. COllilcillnernber Nancy Hansen arrived at 7:35 p.m. AJ:sent: COllilcilmember Paul Malone. Also present: Attorney Jerry Filla, Park Director John Buckley, Public Works SUpervisor Dan Winkel, Clerk Administrator Gary Berger an:l Deputy Clerk Catherine Iago. CAlL TO ORDER AOOPr AGENDA Growe lWVed, seconded by Mahowald, to adopt the July 9 Agenda as suJ:mitted. Motion =ied unanilnously. (3-0) CONSENT CALENDAR Mahowald lWVed, seconded by Growe, to approve the Consent Calendar as suJ:mitted, an:l authorize execution of all necessary documents contained therein: a. Approve List of Claims an:l Payroll. Motion carried unanilnously. (3-0) PUBLIC COMMENTS MISCELIANEDUS; srour ATI'ENDANCE Bill Bauer, 1618 Chatham Avenue, was present and introduced his son Matt who is a member of Boy Scout Troup #96, in Roseville. Bauer explained Matt is attending the meeting this evening to fulfill one of the requirements for a "Citizenship in the Community" Merit Badge. . Councilmember Hansen arrived at 7:35 p.m. RES. 90-26 & RES. 90-27; AMEND CABLE FRANCHISE AGREEMENT & PUBLIC ACCESS TRANSFER Council was referred to a memorandum fram the Clerk Administrator dated 7-5-90, amending the Cable TV Franchise Agreement an:l transferring public access progranuning responsibilities to the North Suburban Cable Commission. Bill Bauer, Tom Creighton an:l Bill Bruce, were present representing the North Suburban Cable Commission. Bauer gave a brief explanation of the proposed transfer of community television progranuning responsibilities from North Central Cable Company to the North Suburban Cable Commission. Bauer noted a rep:>rt was conducted by the NSCC an:l presented to the ten (10) members cities, which determined that the Commission did not favor the level of achievement the North Central Cable Company progranuning efforts had accomplished and that the commission was of the opinion a nonprofit organization would better accomplish community progranuning goals. He advised that in the fall of 1988 all ten member cities adopted a rep:>rt recommending negotiations begin with North Central Cable Company for the NSCC to obtain responsibility for community programing . . Bauer explained the Resolutions presented for adopti9n this evening outline the results of the negotiations an:l modify the Cable Franchise agreement. Council questioned if the Commission is of the opinion the community programing will be better utilized under Commission control. , Minutes of the Arden Hills Regular Council Meeting, July 9, 1990 Page 2 . CABLE RES. (Cont'd) Bauer explained the cable company recognized COIlIlI1W1ity progrannning was not a revenue producing venture; with progranmting under the NSCC control, the incentive to provide better programming will originate within the COIlIlI1W1ity arxl offer local programming of items of interest to residents. Council questioned if all ten member cities have adopted the proposed resolutions. Bauer advised eight cities have adopted the resolution; MOunds view arxl Arden Hills will both be ccnsidering this item this evening. Council questioned if the agreement will be binding if North Central sells the programning responsibility. Bauer advised the agreement is binding no matter what agency or individual purchases the responsibility. Hansen moved, seconded by Growe, to adopt Resolution No. 90-26, TRANSFERRING a:M1UNITY' TELEVISION PRCGRAMMING RESPONSIBILITIES FRCM GROUP W CABLE OF THE NORm SUBURBS, INC., d/b/a CABLE 'IV NORm CENTRAL, arxl Resolution No. 90-27, AMENDING BY SUBSTITUI'ION THE NORIH SUBURBAN CABLE CXM1ISSION JOINT AND OJOPERATIVE AGREEMENT FOR THE ArMINISl'RATION OF A CABLE o:::M1l.lNICATION SYSI'EM. Motion carried unanimously. (4-0) . SOIIDULE MI'G; KATIE lANE/S'I'C:WE AVE. EASEMENTS Hansen moved, seconded by Growe, to schedule a COill1cil Meeting on Wednesday, July 25, 1990, at 7:00 p.m., at Fire station #1, 3246 New Brighton Road, for the purpose of discussing the easement encroachments along Katie Lane and stowe Avenue and that staff be directed to notify affected residents. Motion carried unanilrously. (4-0) APPROVE SOIL TREA'IMENT; KEN MILLING SITE Council was referred to a rep:>rt from Clerk Administrator Berger dated 7-3-90, arxl a letter from Delta Envirorunental Consultants dated 6-28-90, relative to proposed soil treabnent of ccntaminated soil at the Kem Milling site. Berger advised Delta recommends thermal treabnent of the ccntaminated soils and noted that although the cost is approxmately $200.00 higher than land application method, it is less time ccnsurning arxl there will be no follow-up maintenance . Hansen moved, seconded by Growe, to authorize Delta Environmental Consultants to a=ange for thermal treabnent of the ccntaJt:linated soils at the Kem Milling site, at a cost not to exceed $2,300.00. Motion carried unanimously. (4-0) AMEND CHARITABLE GAMBLmG ORDINANCE Council was referred to a letter from Attorney Filla dated 6-6-90, outlining six items fonvarded from COill1cil for his review and comments. . . . . Minutes of the Arden Hills Regular COLU1cil Meeting, July 9, 1990 Page 3 ORDINANCE (Cont'd) Filla reviewed the six items listed in the letter: 1. Additional Gambling Licenses - The city has the authority to issue additional licenses. . 2. License Term _ The Charitable Gambling Control Board will not issue a license for a nine month period even if requested by the City. 3. Sunset Provision - The City can reduce the number of licenses gradually over a period of time or could elllninate one license by adopting a sunset provision as part of the city code; eventually the same thing could be accomplished by refusin3' to approve reapplication if the license has been inactive for all or a portion of the previous license year. 4. Revocation of SUspenSion of Licenses - Licenses are actually issued by the Charitable Gambling Control Board; there is no provision in state law which allows the City to revoke or suspend a license issued by the Board. The city could deny approval of a renewal application because of inactivity. 5. License Approval criteria - The City can adopt, by policy or ordinance, criteria to guide Council when reviewing license applications; criteria can be as expansive as the council chooses. 6. Local Contrib.1tions of Gambling Proceeds - state law was amerrled in 1990 to allow cities to require licensed organizations expend all or a portion of their net profits within the city's trade area; the trade area should include all cities contiguous to Arden Hills. It is recommended an appropriate section be added to the =-rent regulations to become effective on some future date to allow licensed organizations to meet =-rent long term contrib.1tion commitments . Filla further suggested that if the ordinance is amerrled, one other housekeeping item matter be inserted due to a change in 1990 legislation; the state now licenses the organization without cities approval, however, cities are being asked to approve "premises permits". Councilmember Mahowald questioned if a specific sunset provision date is needed if an additional license is included in the ordinance. Filla recommended if Council authorizes an additional license with a sunset provision, a date be determined to coincide with the expiration date of the first of the two inactive licenses; at that ti1ne the city Code would automatically revert to nine licenses. He noted that Council is not compelled to renew an inactive license or approve any applications silllply because licenses are available. Filla stated that council may specify a license must be active; this is not any unreasonable qualification. He explained it is reasonable to discourage applicants from obtaining a license and not utilizing it, since there are a limited number of licenses available by Ordinance. councilmember Hansen questioned if priority must be given to renewal licenses. Filla explained the Council has the right to refuse any application, new or renewal for a license. . . . Minutes of the Arden Hills Regular Council Meeting, July 9, 1990 Page 4 ORDINANCE (Cont'd) There was discussion relative to establishing criteria to guide Council When reviewing license applications. Filla suggested the following: 1. Location of organization, 2. NumJ::er of Members, and 3. Types of charitable or nonprofit organizations SUPpJrted by donations. He further recommended the above criteria be outlined in resolution form and adopted by Council. After discussion, Council ccn=ed to direct Attorney Filla to draft an amen:lrnent to the =ent O1aritable Gambling Ordinance, for review at the July 30 Regular Council meeting, which include: 1. Authorizes issuance of an additional license, with a sunset provision which ccincides with the expiration date of the earlier approved two =ent inactive licenses. 2. Add housekeeping language relating to "premises permits", as enacted by 1990 state Legislative action. 3. Add a requirement that licensed organizations expend 75 to 80 percent of their net profits within the city's trade area, as defined by state law. 4. Establish reasonable criteria, by resolution or pJlicy statement, to guide Council in reviewing license applications. RAMSEY COUNTY; 1990-92 CIP council was referred to a memorandum from the Clerk Administrator dated 7-5-90, and the 1990-92 Ramsey County Capital Improvement Program. Commissioner Duane McCarty and Assistant Public Works Director Paul Kirkwold, were present t::> review the program and answer any questions. After the presentation, there was discussion relative to the procedure for ccnducting speed studies on County Roads. Commission McCarty reviewed the previous speed study ccnducted on New Brighton Road and noted that only the state Highway Department has the final authority regarding increases or decreases of speed limits on County Roads; offered to ccnduct another study up::>n Council request. Also discussed was funding for County Parks, t:onding procedures, and the recent establishment of a County Parks Advisory Committee to prioritize a parks iIrprovement plan similar to the Public Works plan. council thanked Commissioner McCarty and Paul Kirkwold for the infonnative presentation. 1990 NON-UNION SAlARIES Council was referred to a memorandum from the Clerk Administrator dated 7-6-90, relative to the 1990 non-union employees salary reconnnendations. Berger reviewed the changes in the 1990 pay equity legislation as relates to ccmparable worth. He noted that the city must comply with the ccmparable worth requirements by January 1, 1992 and some significant salary increases will be required in order to achieve female salary integration with male salaries; this will need to be addressed in 1991 in order to achieve compliance. '!here was Council discussion relative to salary increases for female employees only in order to reduce the financial :iJnpact in 1991. It was noted that t.'1e ccmparable worth legislation affords cities t:i1ne to achieve compliance over a two-year time period. Minutes of the Arden Hills Regular Council Meeting, July 9, 1990 Page 5 SAIARIFS (Cont'd) councilmernl::er Mahowald commended Berger for his work on preparation of the salaxy recommendation doa.nnents. . After discussion, Council determined t.'le Park Director's salaxy in=ease will be retroactive to JanuaJ:Y 1. Mahowald moved, seconded by Growe, to adopt Resolution No. 90-28, ADOPI'ING THE 1990 PAY SOiEOOLE FOR CITY EMPlOYEES, as prepared by the Clerk Administrator and amended to include JanuaJ:Y 1, 1990 retroactive pay in=ease for the Park Director. Motion carried unanimously. (4-0) STAWS REPORI'; KEI'IHSON POND DRA1NAGE council was referred to a letter from Attorney Filla dated 7-9-90, summarizing the status of the staff investigation into the Keithson Addition drainage problem. Filla stated the original pond would have covered approximately 41,475 square feet; the original pond was not constructed and the developer requested the City approve a redesigned pond. On April 11, 1988, the Council approved the redesigned p:>nd which was to cover approximately 31,225 square feet and was to be deeper to a=mmodate the storage capacity of the original pond. The redesigned pond was never fully developed. The Attorney explained the pond which was constructed covers approx:iJnately 19,000 square feet and the depth of the pond is not uniform. The storage capacity of the pond that has been constructed is substantially less than the storage capacity of the original or the redesigned pond. . Filla advised he has spoken to Mr. Reiling, CMner of the property to the west of the Keithson Addition, to attempt to obtain a drainage easement over his property. He stated Reiling appears unwilling to grant a drainage easement at this time due to a pending assessment appeal which Reiling is pursuing against the city. Attorney Filla reconnnended council consider the following actions: 1. Require the developer to construct the pond as redesigned; this will probably require draining the pond in order to excavate, remove trees and grade the bottom and sides of the pond. 2. Meet with adjoining property owners to explain what will occur in conjunction with the pond construction and what .il!Ipact this will have on their property. 3. Establish a rraximurn elevation for the pond and naintain the elevation by pumping, when necessary, until the outlet for the pond can be obtained. <;:ouncil1nember Mahowald questioned if the Attorney should continue to pursue negotiations with Mr. Reiling to obtain the easement for the drainage outlet. Filla commented it would be worthwhile for the City to continue discussions with Mr. Reiling. . Hansen moved, seconded by Mahowald, to schedule a meeting on Monday, July 30, 1990, at 6:30 p.m., for the purpose of discussing the proposed p:>nd construction in the Keithson Addition, and that staff be directed to invite the property owners affected by the proposed construction and Mr. George Reiling to attend the meeting. Motion carried unanimously. (4-0) . . .. Minutes of the Arden Hills Regular Council Meetin:J, July 9, 1990 Page 6 <XlUNcn. aM1ENTS JULY IDRKSESSION Councillnember Hansen questioned if Council will hold a July Worksession Meetin:J. Council con=ed to eliminate the July Worksession meetin:J due to scheduling conflicts with Council1nembers. LEITER TO SENA'IDR BOSCHWITZ council questioned if a letter of thanks was sent to Senator Boschwitz for his recent visit. Mayor sather volunteered to draft a letter to the Senator. CITIZEN SURVEY ro1M. MEETING Councillnember Mah=ld noterl the Citizen's SUl:vey Conunittee will meet on Tuesday, July 17, to discuss the proposed questionnaire. Clerk Administrator Berger advised the Annual AMM Breakfast Meetin:J will be held at Howard Johnsons, McGuire's Inn, at 7:30 a.m., Wednesday, July 11. AMM ANNUAL BREAKFAST MIG. recommended both Meeting. AIllOURN Clerk Administrator Berger explained the Finance Conuni ttee has completed their study of the Assessment Policy and the Engineer has =mpleted Water Tower study; items be placed on the Agenda for the AugUst Council Worksession ASSESSMENT POLICY & WATER TOWER RPI'. Hansen moved, seconded by Growe, that the meeting be adjourned at 9:20 p.m. Motion carried unani1rously. (4-,1) Gary R. Berger Clerk Administrator ThomasR.sather Mayor NOTICE OF MEETING There will be a council Meeting held on Wednesday, July 25, 1990 at 7:00 p.m., at Fire station #1, 3246 New Brighton Road, for the purpose of discussin:J the stowe Avenue Easement Encroachments. There will be a council Meetin:J held on Monday, July 30, 1990, at 6:'30 p.m., at city Hall, for the purpose of discussin:J the Keithson Addition Drainage Issue. The next Regular Council Meeting will be held on Monday, July 30, 1990, at 7:30 p.m., at city Hall.