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HomeMy WebLinkAboutCC 09-24-1990 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 - 6:30 P.M., CITY HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 6:30 PM. . EVALUATION, PW SUPERVISOR Council conducted an annual Performance Evaluation for the Public Works supervisor between 6:30 and 7:30 P.M. ROLL CALL The roll being called, the following members were present: Mayor Thomas Sather, Councilmembers JoAnn Growe, Nancy Hansen, Thomas Mahowald and Paul Malone. Also present: city Attorney Jerry Filla, Public Works Supervisor Dan Winkel, Deputy Clerk Catherine Iago, and Administrative Secretary Mary Ann Hillyer. ADOPT AGENDA Malone moved, seconded by Hansen, to adopt the September 24 agenda as revised to include a park dedication fee from Opus/Group Health, Inc. Motion carried unanimously. (5-0) . APPROVE MINUTES Hansen moved, seconded by Growe, to approve the August 20 worksession, August 27 and September 10 regular Council minutes, with the September 10 minutes amended to reflect Malones's concerns. Councilmember Malone referred to the September 10 regular Council minutes, page 3, last paragraph; discussion of Keithson Pond and excavation on the Colburn property. He expressed concern that the language is misleading and may be misconstrued as a statement from city representatives, rathe~ than a statement from the residents attending the meeting. Malone requested the sentence be clarified to reflect that the statement regarding no excavation on the Colburn property was asserted by the residents and that the City has not determined the extent of excavation of the pond at this time. Motion carried unanimously. (5-0) CONSENT CALENDAR Councilmember Malone moved, seconded by Councilmember Hansen, to adopt the Consent Calendar as submitted and authorize execution of all necessary documents contained therein: a. Approval of annual performance evaluation and salary increase for City Administrator Gary Berger, with a pay increase to $3,667 per month, retroactive to July 25, 1990. b. Approval of annual performance evaluation and salary increase for Public Works Supervisor Dan Winkel, with a pay increase to Step 5, $3,059 per month, retroactive to September 1, 1990. . c. Approval of final payment to Environet, Inc., for $6,584 for work done at the Kem Milling site. september 24, 1990 Council Minutes, Page Two . d. Approval of Resolution No. 90-36, "RESOLUTION AUTHORIZING THE CITY OF ARDEN HILLS TO JOIN AN ENVIRONMENTAL CITIES COALITION". e. Approval of the List of Claims and Payroll. Motion carried unanimously. (5-0) PUBLIC COMMENTS None. council discussed a proposed winter parking ordinance as prepared by city Attorney Jerry Filla, which would restrict parking on city streets between the hours of 11:00 PM and 6:00 AM from October 15 to April 15, whether it is snowing or not and also during a period immediately after a two inch or more snow accumulation and continuing until snow removal/plowing has been completed. ORD #272, WINTER PARKING REGS. Public Works supervisor winkel noted that signs will be posted and a notice will be in the Town Crier, on cable TV and in the local newspapers, advising residents of this new Ordinance. . councilmember Mahowald asked how stringently this would be enforced. Winkel noted that residents can call the Sheriff's office or Public Works Dept. if there are special conditions or special events, when a resident needs to park a few hours extra. In all other cases, tickets will be issued, not warnings. Mahowald suggested a phase-in period until residents are accustomed to the procedure. councilmember Malone asked who determines the two inch snowfall, the weather bureau or the city. Winkel stated the City staff makes the determination. Attorney Filla reported on procedures to defend citations in court if the matter should be contested. councilmember Hansen asked if the mobile home park and County roads are affected by the Ordinance. Winkel stated mobile home parks are not affected, as those streets are privately maintained. County roads are covered under this new ordinance. After discussion, Councilmember Malone moved, seconded by Councilmember Hansen, to adopt Ordinance No. 272, "AN ORDINANCE AMENDING CHAPTER 26, ARTICLE I, SECTION 26-3 OF THE ARDEN HILLS MUNICIPAL CODE RELATING TO WINTER PARKING REGULATIONS". Motion carried unanimously. (5-0) city Council Upon recommendation from City Administrator Berger, Councilmember Malone moved, seconded by council- member Growe, to reschedule the following future meetings due to holidays: RESCHEDULE MEETINGS . Monday, October 8 to Tuesday, October 9, at 7:30 PM Monday, November 12 to Tuesday, November 13, at 7:30 PM Monday, December 31, to Wednesday, January 2, 1991, at 5:00 PM september 24, 1990 Council Minutes, Page Three Motion carried unanimously. (5-0) . Councilmember Mahowald noted that he and City Attorney Filla discussed a proposed park dedication with representatives from opus/Group Health, (Case #90-02), a few weeks ago for development at 3930 Northwoods Drive. Mahowald and Filla both recommended that Council accept the Promissory Note in conjunction with a principal amount of $49,000 for a public use fee. This payment would be in three annual installments, (with the first installment of $16,400 due October 1, 1990), assuming the City maintains the storm water pond which was constructed on the Group Health Inc., property. opus PARK DEDICATION The final two installments would be due October 1, 1991 and October 1, 1992 for $16,300 each, plus accrued interest. . Council also discussed the Maintenance Agreement, whereby Group Health would complete construction of a storm water retention pond and control structures for Lot 1, Block 1, Northwoods, according to plans approved by the City. After City acceptance of the improvement, the City would be responsible for maintaining the inlet and outlet structures for the pond and for removal of debris from the pond. The developer would grant a waiver of trespass to the City, in order to permit the city to maintain the pond, provided that the City shall be responsible for any damage to the developer's property as a result of maintenance procedures. Attorney Filla advised Mr. Sellergren, Opus legal counsel, has not reviewed the Agreement and suggested Council may approve the Maintenance Agreement, with the condition that any changes by the developer be approved by the Public Works Supervisor and City Engineer, or continue this matter to the October 9 meeting. Filla also noted that liability issues are no greater with the Maintenance Agreement than without it because the pond is dedicated as an easement to the city on the plat. Councilmember Malone questioned if delinquent park dedication payments could be certified to taxes, with a procedure similar to the one used for delinquent utilities. Filla responded that would be possible and suggested language be placed in the Ordinance to outline the procedure. Mahowald noted that the current park dedication ordinance is antiquated and needs modification. He suggested Attorney Filla be directed to revise the Ordinance to bring it into compliance with State law. Mahowald also stated he would recommend approval of the Maintenance Agreement in substantial form. . councilmember Malone suggested that the water level in Item #4 of the Maintenance Agreement be better defined, such as a certain number of feet above sea level. September 24, 1990 Council Minutes, Page Four . OPUS (Con't) After discussion, Councilmember Mahowald moved, seconded by Councilmember Malone, to accept the park dedication fee of $49,000 from Group Health, Inc., as noted in the Promissory Note and as recommended by City Attorney Filla. He further moved to approve the Maintenance Agreement and authorized staff to make non-substantative changes, if necessary, and to direct staff and City Attorney Filla to prepare modifications to the Park Dedication Ordinance so that it will comply with State law as discussed by the City Council. Motion carried unanimously. (5-0) COUNCIL Councilmember Mahowald commented on congressman COMMENTS Bruce Vento's visit to the City on Saturday, September 22. He suggested staff send a letter of thanks for the visit and concerns expressed over the use of the Arsenal property for athletic facilities. TCAAP Councilmember Growe asked if the City had received CONTAMINATION any information relative to the Mpls. Tribune article on TCAAP contamination. Deputy Clerk Iago noted that city Administrator Berger has had discussions with a representative from Vento's office and will report to Council at a future meeting. should be in Growe also asked if the sandburr problems at Hazel- nut Park had been resolved. Public Works Supervisor Winkel noted that the area has been seeded and fine shape by spring. . SAND BURRS HAZELNUT MCGUIRE'S PARKING councilmember Malone noted that McGuire'S Inn had agreed to remove two front parking spaces in connection with their recent variance approval, and that this had not been accomplished yet. Deputy Clerk Iago stated that McGuire's has another new manager and she will speak to him about this matter. WATER LEAKAGE Malone also asked if MSA is agreeable to search for water leaks within the City. Public Works Supervisor Winkel noted he may have information on Friday, with the Newsletter packet, which would verify the from MSA. this data UPDATE RAMSEY Councilmember Hansen commented on the Ramsey County CO. CHARTER Charter and stated that this topic was well researched and there does not appear to be any areas of major concern for cities if the Charter is approved on November 6. . YOUTH SVC. Hansen also noted that the Neighborhood Youth BUREAU RPT. Service Bureau has a new address and will conduct an Open House on October 25 at Rush Lake Park. She will supply information for the Council packets at a later date. September 24, 1990 Council Minutes, Page Five . RCLLG Hansen noted that the RCLLG will conduct a tour of the Shoreview city Hall on october 8. She also noted that two residents (Rob Carley and Jerry Miller) had been contacted by staff from Decision Resources on the citizen survey, and that both residents had favorable comments on the survey contacts. COMMITTEES Councilmember Hansen suggested rethinking use of city Committees at a work session prior to year end. She thought perhaps fewer committees might enable a larger pool of residents to draw from and suggested this be placed on a future Council work session agenda. She also asked if a work session was scheduled for October. SCHEDULE WORK SESSION Councilmember Malone moved, seconded by Councilmember Hansen, to schedule a Council work session for Monday, October 22, at 4:30 discuss committee structures and a Personnel Policy, as a possible assessment policy finalization. Motion unanimously. (5-0) P.M. to well as carried CLEAN-UP DAY It was noted that saturday, October 6, is the Shoreview/Arden Hills Clean-up Day. . ADJOURN There being no further business to come before Council, Councilmember Malone moved, seconded by Councilmember Hansen that the meeting be adjourned at 8:19 o'clock P.M. (5-0) Catherine J. Iago Deputy Clerk Thomas R. Sather Mayor NOTICE OF MEETING The next regular Council meeting will be held on Tuesdav, October 9, 1990, at 7:30 P.M. at city Hall. .