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Home My WebLink AboutCC 04-25-1977 . f'" MINUTES OF REGULAR COUNCIL MEETiNG Village of Arden HI lis Monday, Apri I 25, 1977 - 7:30 p.m. V I I I age H a II Ce I I to 0 rde r Pursuant to due call and notice thereof, the meeting was called to order by Mayor Crepeau at 1:30 p.m. Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen Charles Crichton, James Wingert, Robert Woodburn, Ward Hanson. Absent - None. Also Present - Attorney James Lynden, Bond Counsel Peter Popovich, Pa rks D I rector John Buck ley, Tree I nspector Mark Pete rson , Clerk Administrator Charlotte McNlesh, Deputy Clerk ... Dorothy Zehm. Approval of Minutes Woodburn moved, seconded by Crichton, that the Minutes of the Regular Council Meetl ng of April 11,1977, be approved as amended. Motion carried unanimously. Business from the Floor None. REPORT OF PARK DIRECTOR JOHN BUCKLEY Approval of Summer Proaram Buckley referred Councl I to his memo of 4/22/77 ra Proposed Program Activities for Summer, 1977. Crichton moved, seconded by Woodburn, that Counci I approve the 1977 Summer Programs as proposed. Motion carried unanimously. Park Site lmprovement Proposals Buckley referred Council to the Minutes of the Parks and Recreation Committee Meeting of 4/12/77 and attached 1977 Site Improvement Proposa I . After discussion, Crichton moved, seconded by Wingert, that Council authorize Buckley to proceed with the 1977 Park Site Improvements as proposed; to advise Councl I re costs of the larger Items as they are obtained. Motion carried unanimously. Summer Personnel Buckley referred Council to his memo of 4/22/77 roe Proposed Park and Recreation Department Summer Employees tor Park Maintenance and Summer Programs. In discussion, Buckley said he anticipates that 3 or 4 of the maintenance, and 5 or 6 of the Summer program personnel, will be returning summer employees, all of whOm he considers to be experienced, above average and very responsible; therefore recommends an Increase from $2.50/hr to $2.80 In 1971. . Woodburn moved, seconded by Hanson, that Councl I approve the Summer Park Maintenance and Summer Program Personnel at $2.80/hr. for returning personnel; new employees to be at a rate to be determined. Motion carrIed unanimously. T reel nspector Mark Peterson Memo iree Inspector Peterson referred Councl I to two memos dated 4/25/77 re woodpl Ie survey status report, end request that Council consider a change In title for him from Tree inspector to Forester, with an Increase In salary. After review of memos, Councl I egreed to take both requests under advisement untl I the May 9th CouncIl meeting. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Case No. 17-10. Special Use Permit for Home OccuDation Lynden referred CouncIl to draft of SpecIal Use PermIt - Case No. 17-10. -1- w ~ . . Minutes of Regular Council Meeting Page two Ap r; I 25, 1977 Council concurred wIth draft, as presented. Doc Control Ordinance RevIsions Lyn den re fe rred Coun cJ I to his memo ran dum re Re v I s Ions to Dog Control OrdInance and read the proposed ordinance aloud in Its entirety, inserting the revisIons. McNlesh noted that the present ordInance provides for pro-ratIng of the fee for the balance of year from date of application; suggested this provision continue for the annual license until the life-tIme license Is In effect. McNiesh noted that existing license requirement Is for all dogs 3 mos. of age and older; proposed ordinance Is 6 mos. Concern was expressed re City's liabilIty re the dog bite Issues In the proposed ordinance. Lynden said the City could have some liability If It has knowledge of such a dog. Woodburn questioned the necessity of quarantine by a veterinarian; seems that dog could be quarantined at home and avoid additional expense. Dr. Irvino Lerner said he feels the proposed ordinance Is unduly restrictive and Is "repulsive" to him, as well as their dog; his dog Is not leashed, but is well trained; feels existing law Is adequate; If new ordInance Is passed, feels it will be done by those who do not like dogs. Mr. James Ross said he has the same sentiments as expressed by Dr. Lerner. Mr. (Inaudible). Glenvlew Avenue - The new ordinance Is unduly repressive; If enforced, the present ordinance Is OK. Mr. Sawver. 1630 Glenvlew Court said he does not understand the need for this ordinance; dog should be able to be free in his own yard; asked why new ordinance is being proposed - if there Is a problem with a certain dog or dogs, contact the owner; does not see the need for a new ordinance. Sawyer asked the meaning of "Notice to Owner" (Sec. 9.c). Does this mean a phone call, or what? Expressed the need for a definition of a "vicious" or "ferocious" animal; disagreed with the definition of "at large". Sawyer said his dog comes when called. Is not leashed; dog Is In his yard or out with his children; teels that If there Is a problem. It should not be "ducked" by passage ot a very restrictive ordinance. Sawyer said he Is also speaking for Mr. Bert Erickson. 1678 Glenvtew Court, and Dr. Bert Wooltrey, 1811 Venus Avenue; both concur with me re this proposed ordinance. Mayor Crepeau explained that the existing ordinance Is "unenforceable"; this Is the reason we are looking Into an amended ordinance. Mr. Les Nordin said he owns land In, Arden Hills; feels that a barking dog can be considered to be a "poor man'S alarm" to deter burg I ars. Wingert noted that the Intent of the proposed ordinance Is to control the "constantly barking dog"; present ordinance does not provide this control. Addltlonel comments ware thet there are probably only a dozen dogs causing the problems; we have too many laws already. why make more? ; why not make an e ttort to en torce the present ordt nance? Nancv Ross - If about 12 dogs are causing the problems, why should the rest of the residents and their pets be penalized by keeping dogs on an 8' chatn. and not al iowlng the dogs to sit on their own doorsteps? -2- ...' .' Minutes of Regular Council Meeting Page th ree April 25, 1977 Crichton said that, to date, efforts to crack down on nuisance dogs have not been effective. Carl Nast. 1955 Glenpaul, aslted why it is necessary to'vacclnate for rabies? Quoted Dr. Schotthauer that vaccine is "false security"; asked why we don't also require that all citizens be Innoculated, if dogs have to have rabies shots. Nancy Ross asked how proposed ordinance can be enforced, If existing ordinance can not. James Ross sal d he agrees that some laws can't be enforced -we have too many laws now; agrees there are some who break the law, but let's not make the law something that spoils our enjoyment. . Woodburn discussed the various typ~of vaccine - some are good for I, 2 or 3 years; another cost Item. It was suggested that "effective restraint" of dogs be required rather that the wording as proposed. It was also noted that cats are not included In the ordinance. Sawyer suggested that checking on vaccinations, after the initial licensing, wi II be a bigger Job than combatting "dogs at large"; our dog cannot handle an 8' leash whIch he said Is not long enough. Ordinance Is overly restrictive and not fair; wi II have to get rid of our dog or fence our yard (very expensive). It was suggested that there has been an unwillingness to really try to enforce the present ordinance. Mayor Crepeau said It could be done If someone were hired "full time" to patrol the City. Dr. Lerner asked.lf present ordinance Is unenforceable, how was It enforced In his cllse? If thtsordlnance passes, I'll have to get rid of my dog which Is also our security system. Mr. ail I Newham. 1786 Glenvlew. said he ha. a hunting dog - ordinance does not permit running the dog In open space areas; appears you can't even have a litter of pups. It was suggested that an ordinance should not restrict how a pet be restrained on ones own property - an Invasion of privacy. Councl I referred the ordl nance to the Prosecutl ng Attorney and Public Safety Committee for their recommendations to Council. Mr. Ross stated that an expression of residents' feelings has been made tonight. How wi II this be conveyed to the Public Safety Committee? It was explained that the Public Safety Committee meeting Is open to the public; all Interested persons are Invited to attand; comments from tonight's meeting wi II be forwarded to the Committee Chairman, and Councilman Crichton wll I convey the comments' . made tonight to the Committee. Ordinance EstabllshlnQ Industrial User StrenQth CharQes. etc. - Final ReadlnCl Lynden referred Counc! I to ordinance draft which he said contains no substantial changes; suggested that rules be waived and dispense with the last readlng~ Woodbu rn moved, seconde d by Hanson, th at Councl I and dispense with the reading of the ordinance. unanimously. waive the rules Motion carried Hanson moved, seconded by Woodbllrn, that Council pass the ordinance as amended, AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE, A FORMULA FOR THE COMPUTATION THEREOF, AND ^ TAX L!EN AGAINST AN INDUSTRIAL USER'S PROPERTY IN THE EVENT OF NON-PAYMENT OF SUCH CHARGE. Motion carried. (Hanson, Woodburn, -3- . . , , Minutes ,of Regular Council MEletL1g Page four April 25, 1977 Crepeau voting In favor of the motion; Crichton and Wingert voting in opposition). (Crichton stated that he objects to an ordinance we are forced to adopt and to Metro Waste Control setting their own formula and collecting fees (suggested that the City should do the charging) . Woodburn moved, seconded by Wingert, that Council adopt, RESOLUTION APPROVING JOINT POWERS AND AGENCY AGREEMENT WITH METROPOLITAN WASTE CONTROL COMMISSION AND AUTHORIZING EXECUTION THEREOF. Motion carried. (Woodburn, Wingert, Hanson, Crepeau voting In favor of the motion; Crichton voting in opposition). Later In the meeting, Woodburn moved to reconsider the motions re Ordinance and Resolution re Metro Sewer Strength Charges. Motion was seconded by Wingert and carried (Woodburn, Crichton, Wingert voting in favor of the motion; Hanson and Crepeau voting In opposition). Woodburn moved that Council revoke the previous action taken to adopt the Ordinance and Resolution re Metro Sewer Strength Charges, and that Council pursue Alternate 3 - (Commission bills City and City Collects Strength Charges). Motion was seconded by Wingert and carried unanimously. Opinion re Modes of Dedication (Ban Con and Mar Don) and Temporary Easement on Plat (Kerth Lake Estates). Lynden referred Council to his letter of 2/22/77 re Dedication and Platting Requirements, and attachments re Dreyfus plat dedications. After discussion, Wingert moved that Council authorize Lynden to Instruct Ban Con to designate "park, open space, pedestrlanways" etc. on the Final Plat (option II In Attorney's letter of 2/22/77). Motion was seconded by Hanson and carried unanimously. Woodburn moved, seconded by Wingert, that Counci I proceed with option II CLynden's letter of 4/22/77) requiring designation of the pedestrlanway on the plat of Edgewater South across the 10' northern most part of Lot I, Block 2, from the cul-de-sac to the City Pedestrian Trail. Motion carried unanimously. Flowaae Easement - C.G. Rein Property Lynden referred Council to his letter of 4/20/77 and attached draft of Perpetual Flowage Easement. After review and discussion, Crichton moved, seconded by Woodburn, thatCounci I approve the Perpetual Flowage Easement as amended. Motion carried unanimously. "Width of Lot" Delineation on Final Plat Woodburn noted that Ordinance 98, Sec. 8b2 requires delineation of "the width of the lot at the building setback line" on the final piat; asked when/If this requirement was rescinded. Matter was referred to Lynden to research. TemDOrary Easements Lynden referred Councl I to his letter of 4/22/77 noting that !Bu II d I n9 Setbacks or temporary easements sha 11 not be shown on a plat" 004.S.A. 505.02, Subd. 2); recommends against a temporary road eaSement on Karth Lake Estates plat, as proposed. Gale Nordling, attorney representing Pilgrim House, said that Pilgrim House Is Interested In solving the problem, and would agree to condemnation, or will negotiate with the City for the south 30' of their property; do not wish to take part In the platting at this time. He said Pilgrim House wants to be reasonable; is on a "low budget"; any improvement Is of great concern to the members; wll I agree to sel I for some "fair market value consideration". -4- .,' }' Minutes of Regular Council M~etlng Page f i va Lynden said he has no objection to this; may complicate matters If land Is dedicated to the City, unless the City Joins In the plat; would be less complicated If Pilgrim House joins In the plat. Apri I 25~ 1977 Crichton asked if City negotiates, will the costs be spread by assessments to the entire property? Popovich said the City may assess al I costs of the project that "benefit" the land; c~nnot assess costs In excess of the benefits. After discussion, Woodburn moved, seconded by Hanson, that Council reconsider Its previous motion of 4/il/77 re contingencies; rescind that motion at this tlma, and approve City's negotiation . with Pi Igrim House re the purchase of the epproximate 30' X 208' strip of Pilgrim House property. Motion carried unanimously. (Woodburn was requested to negotiate the purchase on behalf of the City. Attorney Nord"ng said he would be using the appraisal he submitted to Cou~cl I prevIously as a basis for negotiation). McNlesh was requested to contact an appraiser for the City; requesting appraisal, if possible, by May 2, 1977 Councl I Meeting. Hiahwav 51 Easement - Cummlnas Park Lynden referred Councl I to his letter of 4/20/77 re State of Minnesota's Reconveyance of Portions of S.T.H. No. 51-125 and reviewed the City's two options. After discussion, Crichton moved, seconded by Wln~ert, that Council proceed with option 2 (prepay the outstanding or discounted principal balance, plus accrued Interest; receive a Warranty Deed f,rom Mrs. Cummings; pay $8,655.00 to the State and receive Quit Claim Deed relinquishing the highway easement). Motion carried unanimously. (Woodburn absent et time of motion). SPECIAL BUSiNESS $4.000.000 Commercial Revenue Bond. PresbvterlanHomes Bond Counsel Peter Popovich referred Council to his letter of 4/21/77, Attorney Lynden's letter of 3/21/77 and to the Revenue Bond Documents. in discussion, It was noted that Lynden's suggested changes (letter of 3/21/77) have been made In the documentation and It was noted that all costs are to be paid by Presbyterian Homes or Juran and Moody. After discussion, Wingert moved, seconded by Hanson, that Council edopt the Bond Resolution for the Presbyterian Homes of Minnesota, inc. Project, and authorize its execution by the Mayor, Clerk ' and Treasurer. Motion carried (Wingert, Hanson, Woodburn, Crepeau voting in favor of the" motion; Crichton voting in opposition). Report on Northwest Suburban Youth Service Bureau Chris Clauson, Director of the Northwest Suburban Youth Service ... Bureau presented slides re work of the Bureau since its Inception. Afte r the p resentat Ion, Counc I I was requested an d encou raged to consider entering Into a Joint Powers Agreement with other cities to support the Bureau, presented estimated City contribution (current budget was estimated at $88,000/year; present funding Is 90S Federal and 10% County which wi II change to a 60% - 40% split by mid 1978; Federal funds will drop to 0 by 1979.) in discussion, concern was expressed re the low level of Involved Arden Hills peop Ie served by the Bureau. Mr. Ed Larson (Rosevl lie School District) explained that originally the program was to serve the Rosevl lie School District; was expanded to Include Mounds View School District for better federal funding possibility. -5- ,.' " . . Minutes of Regular Counci I Meetilg Page six Apri I 25, 1977 Concern was expressed re how It is known that the bureau really does any good; apparently no statistics on this; are the youth doing any better than before - what haDpens?; suggested it to be "poor policy" to ask for money with no proof of benefit. Clauson said the first year thera Is usually control, after that, the Bureau cannot assure they wi II not go back to whatever they we re do I n g. Counci I queried why school districts are not listed as contributors fo r the program. Hanson noted that Human Rights Commission member, Joy Class, expressed enthusiasm for the Bureau; her personal opinion being it is more sensible than St. Paul's "Buddy Buddy" system. Council expressed some Skepticism re Federal funding of a program to start it, and then withdrawing; if there is a need, the program should have been sold before the federal funding was secured. Case No. 76-38. Sidevard Variance for Garaoe Wingert reported that he discussed the variance application with Building Inspector Larry Squires; apparently, a series of min- understandings Is the reason for the present dilemma. Wingert noted that the uti Ilty poles pretty well indicate the lot line; consequently, an approximate 4t' sldeyard variance is needed for the existing new garage at 3609 Pascal Avenue. Wingert noted that the Planning Commission had Included several options In its recommendations to Counci I. Planning Commission's concern is that cars have to back out onto County Road E, which Is potentially dangerous because of the "blind" short driveway which now exists. Wingert said the new garage lines up with the house (which Is also too close to the road). Wingert referred Counci I, and Mr. Miller, to sketch of 6 options which were submitted by the Planning Commission; suggested that option as would be his recommendation to best provlde a safe driveway access for both garages, providing a turn around area so cars can drive forward onto County Road E rather than backing into traffic. Mr. Milier said that option 115 would be acceptable to him. Hanson moved, seconded by Crichton, that Councl I grant the 4t' sideyard variance for the garage contingent upon implementation of option #5 driveway to be provided by the contractor, Miles Garage, as indicated In sketch dated 4/25/77. Motion carried unanimously. Reouest for Reduction In SDeclal Assessments - Bueslno ProDertv Mr. Clarence Rexelsen, realtor representing the Bueslngs, explained that the Buesing property consists of 8t acres; much of property is marsh land; asked Councl I to adjust the special assessments which he says are In excess of the benefits to the property. Councl I reviewed letter from Engineer Christoffersen (4/22/77) re his revLew of the water and sewer assessments (total $22,537.10); believes that the Improvement assessments levied to the Buesing property to be equitable If property Is properly divided and Buesing Is al lowed to fl II portions of the swamp along Hamline Avenue for building sites. Council deterred its action re request for reduction In special assessments, pending receipt of reports from Planner and Rice Creek Watershed. Rexelsen stated that It Is economically not feasible to fl I I the swamp area. -6- " , Minutes of Regular Council Meeting Page seven Apri I 25, 1977 . Crichton advised Mr. Rexelsen that the City plans to have a trail in the buffer area between the !ndustrlal and Residential Zones (wi~hln the 100'-wide S.T.H. 51-125 strip). Suggested the possibi Ilty that the City may want to acquire a portion of the land for the trail system. Public Safety Committee Recommendation re Request for Street ll!lht - Edoewater Avenue and lake lane Crichton reported that the Public Safety Committee recommends that Councl I authorize the installati~n of a street light at Edgewater Avenue and lake Lane If the benefitted property owners agree to pay for It. Council concurred with the Public Safety Committee's recommendation and authorized McNlesh to arrange for the light on this basis. Fire Protection - Status Report Woodburn reported that the Joint Fire Protection Board has submitted a proposed compensation schedule for members of the Lake Johanna Volunteer Fire Department; appears to be comparable to surrounding cities. After discussion, Woodburn moved, seconded by Wingert that Councl I support the compensation schedule proposed by the Fire Protection Board. Motion carried unanimously. Police Union Neootlatlons Crichton reported that a completed draft of the union's proposal is to be delivered early next week for Counci ,'s consideration. REPORT OF CLERK ADMINiSTRATOR CHARLOTTE MCNIESH Schedule of Mav Councl I Meetlnos Crichton moved that a Special Councl I meeting be scheduled on May 2nd and Regular Council meetings on May 9th and 23rd at 7:30 p.m. at the Village Hall. Motion carried unanimously. Ramsey County En!lineer's Reouest re Future VI I I a !Ie Use of Southwest Corner of lake Johanna Boulevard and Snel ling Avenue Counc! I was referred to letter from Ramsey County (4/12/77) and concurred that corner would be best uti Ilzed as residential building sites. Temporarv Slcn Permit Application - Sitzmark Ski & Sai I Wingert moved, seconded by Hanson, that Council approve the issuance of a temporary sign permit, as requested, for the days of the sal~. Motion carried unanlmous*,. ReQuest for Waiver of Fee for Candv Machines at Presbyterian Homes Crichton moved, seconded by Wingert, that Council approve the wi! ive r of II censefees for the non-p rof I tcan dy machines at Presbyterian Homes, as requested. Motion carried unanimoUSly. Skvline Builders Aoreement r'e Fill Removal McNlesh referred Council to her memo of 4/22/77. . Councl I concurred that Preliminary Plat approval Satisfies Section 2 of the Agreement: C.D. deposit to be held untl I Final Plat is approved. Payroll Wingert mqved, as submitted. seconded by Hanson, that Councl I approve the Payroll Motion carried unanimously. Suburban Day Activity Center After discussion re City's participation In non-profit programs, Crichton moved, seconded by Hanson, that Councl I approve release of check to Suburban Day Activity Center. Motion carried unanimouSly. House File 805 Hanson moved, seconded by Wingert, that legislators be informed that the Arden Hills Council does not support HF 805, and request that they vote against It. Motion carried unanimously. -7- .... , ",. Minutes of Regular Councl I Meeting Page eight Apri I 25, 1977 (McNiesh to rei ay Council's action by letter to Senators Ashbach and Milton and to Representatives Novek and Neisen.) Preliminary Metropolitan System Statement Wlngart referred Councl ~ to report of the Planning Commission Sub-committee re its review of the Statement. After discussion. Crichton moved, seconded by Hanson that Council authorize Wingert to respond appropriately to Mr. Bohland re the Preliminary Metropolitan System Statement - City of Arden HI lis. Motion carried unanimously. . Newsletter Publlcetlon Committee Woodburn referred Council to the Minutes of the Newsletter Publication Committee Meeting of Apri I 25, 1917, and moved that Council affirm the appointment of Diane McAllister as Editor of the Town Crier at S3.00/hr. Motion carried unanimously. Plannlno CommissIon Cre,..v .v....t.. t..t Terry J. McClo.~y ..tAt ~. wllllaj to ..ry. .. an alt.rnat. ..~.r of the Plannln9 Co.-I..lon. Mayor Crepeau reported he had been invited to meet with Northwestern College Board of Directors and their Attorney. Representatives of the College felt they could reduce seating of proposed Fine Arts BuUding to 1,450 seato, would keep fence up in perpetuity, freeze enrollment to 1,200 full time equi....t .~ta. -wi .... _ _UIII ill c:be .,...... for epeceae.e. Adiournment Crichton moved, seconded by Wingert, that the meeting adjourn at I :48 a. m. ~uL, Charlotte McNlash Jr. Clerk Administrator Notice of MeetinQ , The next SpeCial Council Meeting will be on Monday. May 2,1977, at 7:30 p.m. at the Village Hall. The next Regular Council Meeting will be on Monday. May 9,1977. at the Village Hall . -8-