HomeMy WebLinkAboutCC 09-28-1981
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Minutes of regular Council Heeting
Village of ~rden l'ills
Monday, September 28, 1981 - 7:30 r .m.
Village of Arden Hills
Call to o rde r
Pursuant to due c all and notice thereof, t-(ayor lJ'oodhurn called
the meeting to order at 7: 30 p.m.
Roll Call
Present - Fayor Pohert \.,Toodhurn t Councilmen .r 8fl'leS Pinrnrt,
J an e t Hall cnhors t. Pi ane ~!cfllister, Jlauri cn
,Johnson
. Absent - r:one
Also Present - Jlttorney .J ames Lyn den .. [nv:inaer Donald Christoffersen,
Bnnd Counsel Pe te r Popovich, Treasurer f)onald Lamb,
Clerk ~,dministrator Charlotte McNiesh, Peputy Clerk
[)orothv Zehm.
~oval of Ninutes
Wingert moved.. seconded by 11ollenhors t, tha t the t-'inutes of the
September 14 th Council I'eetinr be approved as amended. l'o t 1 on
carried unanimously.
Business from the Floor
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None
FEPORT OF VILLAGE "TTOPNFY J ~ 1'1': S LYNDF.N
Ordinance No. 222, Amending Section 6-16 of the City Code
Wingert moved.. seconded by J 0 h n s 011:- th a t-('-rdi--na-nc~0":'2~ JlN
ORDINANCE AIlENDINC SECTION 6-16 OF ARDEN HILLS CODE TO CHANGE
FE FE FEN CE TO UNIFOPIl BrILDING CODE, be introduced by title.
Notion carried unanimous ly.
Proposed Croup 110m,:, 1385 C lImmi n.lL"--..!:.!'..n~
Nr. John o ' Ph elan, 1400 Cumminps Lane. expressed the concerns an d
opinions of the Cummings Lane residents, some of which were:
It is apparen tly cheaper to put these group home s for
mentally retarded in residential neighborhoods than
care for these people in State Hospi tal,.; it has n ' t
worked in other neighborhoods; neirhbors wouldn't
accept them, and they won't be accepted he re.
It was explained th a t S ta te 181' supercedas City ordinances j State
Statutes permit licensed resid"ntial facilities, serving six or
fewer persons. as a single family residential use.
O'Phelan s a1 d the neighbors were neve r advised that th is group
home was proposed in the neighborhood; former owne r said b uye rs
were a man and woman .. with two children; had heard the new owners
closed in August, but no one moved in to the house t five cars have
been there much of the time. O'Phe1an said tha t Mrs. N e 1 s on said
. that she and her husband are in th i s fa r profit - ve t $40 to $60/
day/retarded person. dependinr on de l' re e of retardation; 6 people
wi th mental age of 4 to 7 yrs. and ch ronologi cal age of 17-23 ,Jill
yield $100,000/year. (l'Phelan said Nelsons are not roi n I' to live
in the house; another couple (Jordans) will be house parents.
0'Phe1an said tha t Senator Ashbach stated J at a ne1rhborhood meet-
ing that it 'I/'as not II the intent of the 1erislation" to permit th is
type of group home as a permitted sinrle family resiclential use.
Council was referred to ~ttorney l.ynden's letter of 9-18-81.
Lynden tloted th at the re Is nothing in the City's ordinances or the
statutes Of th e State th a t would en ab Ie the City to prevent a Tes1-
dence from beinr used for the purposes proposed.
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Minutes of H\Jgular Council t-1eeting Sept. 28, 19811 , .
O'Phelan asked why the resi<l2nts t"ere not notified; sa i <l he thinks
it is very strange th a t a home s UCll as this can go in to a neiehbor-
hood without notification; asked City to support the residents of
Cummings l.ane in their effort to stop this home from comin!, into
their neighborhood. O'Phelan s ai d the City's not Ilse t up" to CAre
for mentally retarded persons; understands the State 11 e a 1 th nep t.
and Me t r 0 Council have approved the homa; kno,,,s that the properties
on Cummings Lane will he devaluated if the group hom~ comes into
the neighborhood; stated the home is a bUf;1nes5 venture in a resi-
dential district. O'Phelan said he has offered to buy the bouse
from the Nelsons hut they have rC!fused to se II. Noted tha t drugs
are used extensively to control the mentally retarded.
In discussion, O'Phelan was ashHl the location of g rou p home s tha t
have not u'vorke d outtl. O'Phelan said he was not pre pare d to an swe T
this question at this ttme; note d th a t his con cern s are the pro- .
hIe ms of sex and what effect theee people ,<ill have on his child-
ren; elso stated that no one will show an interest in the house or
yard or the resident retarded people. J copy of ~e&'~cie'Jsing
process'I was given to Counei 1. It was stated by n. that
mentally retarded do not "look pood", they love to fonelle every-
th ing f it is dis turb inr to have an equal number of Ilmental1y re-
tarded" people aDd unarmsl" people in the neighhorhood - makes us
feel like we are. a part of a mental ins tit uti on .
O'Phelan said the Cummings l.ane people are trying to "team uptl
with the Ci ty Council on this matter; we need some help.
Lynden said the permitted "group howell in residenti al neiphhor-
hoods is consistent with ..hat is heinl', done in the IIcorrection
field" as well ; feels th is is the 1 e g i s 1 a t i va intent.
Dissatisfaction was e"pressed relative to the licensin!' procedure.
It was felt by the re s i den ts th at they s h ou 1 d have received some
notification of th,e group home prior to the granting of licenses.
l.ynden advised that the City has no licensinp au thori ty; feels
the neighbors have a ri g h t to know anout homes of this type; sug-
gested th at Council could pass a resolution relative to conCl:!rns
about lack of notificatioo of neighborhood residents, etc. , which
could be sent to the various agencies involved wtth licensing.
Hollenhorst moved, seconded hy l'!inge rt, that Council ,\(10 p t res-
olution No. 81-69 re licensing procedure (resolution not to be
executed until Council has reviewed same) .
Hrs. O'Phelan offered to prepare a Ii s t of the licensing agenL125
for Council's use in distribution of the pesolution.
Minnesota D_el''!'" of T r s .!'~..!_t.s E 2-_~_~.!L!,!'..e~~-=-l:.':-" i n r ton /6 9 4
S t 0 rm Draina!,e
Council was referred to lln nOT letter of Septemher 25th relative to
Agreement 60609, Ci ty cost participation in storm sewer construc-
tion, and attached agreement.
Lynden reported re ce i p t of the ~rreell'ent, "hich he has briefly
re viewe d; suggested th at a timing element he incorporated to dove-
tail the va rio us responsibilities; sugges ted approval be subject
to "fine-tuning" by City Engineer and City Attorney. .
Shoreview l'n!,ineer Julian renendse I, no tl' ~ a larpe increaRP in thl'
dollar amount for Shoreview (f rom n60,OOO to $225,000 ) ; as ke d
tha t Arden Hills defer execution of the AgreeMent un t i I Shorevie"
Can resolve th is apparent error.
Jfter d i sell s sian. Hin!,I'rt movedJ seconded bv I'ollenhorst th at
Council ad op t Pesolution No. 81-61. awarding the bid for the Lex-
ington Avenue /694 storm draina!,e imp rovemen t to Lametti an d Sons,
Inc., in the amoun t of $755,000, contingent up on approval Cof the
State Agreemen t by the Ci ty Enp;ineer, Ci tv Attorney and the City
of Shorev!ew. Notion carrie<l unanimously (5-0) .
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(Resolut ion to be executed upon removal of th e continrency).
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Hinutes of Pepular Council r-feetinp.; Sep t. 28, 1981
Resolution No. 81-66
Wingert moved, seconded by Johnson tha t Coun d 1 ad 01' t Resolution
No. 81-66, API' RaVIN G AG REE~'EN T 60609 EETHEEN THE STATE OF NINNESOTA
DEPARTHENT OF TRANSPORT loTION AND TUE CITY OF "EDEN HILLS PE: CITY
PARTICIPATION IN STORN SEWER CONSTRUCTION CPOSSING 1. T.n. 694
BETWEEN LE XINGTON AVENt'E AND H!\l-'Il.lNE AVENrE FITIIIN THE CORPORATE
CITY LINlTS, con tingent upon e xe cu t i on of Resolution No. 81-61.
Motion carried unanimously (5-0) .
Proposed us!,~~~eral Pevenl!!,_~ri,,:~ Fun ds and the 1982 General
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Fund Proposed Budget
Mayor Woodburn opened the Pub 1 i c Hearing at 8:30 l' .m.
Clerk Administrator McN iesh verified publication of Notice. of
. Hearing in the New Brighton Bulletin on September 17th.
Upon determining th at the re 'tv~ re no c('mtnen ts f r <>tr the audi.ence,
the I' ub 1 i c Hearing \\fas closed at 8: 31.
Council action ",'as postponed to later on the l,genda.
REPORT OF BOND COUNSEL PETEI' POPOVICH
Popovi ch responded to several questions posed re up-condng bond
issue:
1. If developer backs out, what happens to the money?
-can be used for a nev imp rove men t, or can
go in to sinkinp fund to r,etire a deb t.
2- Time 11mi t for use of funds?
-85% of all bonds issued over a 3 year period.
3. Does size of issue affect saleability?
-It could if it is high pe r capita; shouldn't
be mo re than 10 % of market value~
-an ticipates 2 or 3 bidders on an issue of this
size (projects in memo).
4 . Temporary vs. Definitive Financing?
-At the present tiJre over half of the issues
are temporary due to market conditions.
-When exact costs are unkno~.,'n ) temporary
financing (up to 3 years) , may be preferable.
-A temporary issue can subsequently be financed
wi th another temporary issue~
Popovi ch said a resolution can be passed to
issue bon d s on Engineer estimates; prefers to
have contractor bids.
5. Popovich advised th at the feasibility hearing must he
held prior to bonding; dis eUJlsed the time ele,rrent from
. the feasibility hearing to bond is s ue :
-2 weeks to publish and mai 1 notices.
- 30 days to prepare for bond sale.
-8 weeks to receive money.
Popovich explained tha t one bon d issue is pre-
ferable, and less cos tly; suggested that if
some of the costs can be financed internally
temrorarily, Council may wish to de fer the
bond issue a few mon th s in order to include
all or most of the projects listed in HeNiesh's
memo of 9-25-81.
6. Popovich advised that the $90,000 can be levied, in
anticipation of a bond issue, as proposed.
After discussion, Council concurred to defer the bond issue to
shortly after the firs t of the year.
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Ninutes of Regular Council Meeting Sept. 28, 1981
Case No. 81-23, P_~..!.!.E'J3_ary_!la t_~..f...!:.r.~~_~Oa.~--",-_a.E'.~r~.'i.~~,s t to
Install Improvemen ts and Vacate Streets
Council was referred to Planning Memo (9-23-81) and Council was
referred to the revised Pre limin a ry Plat of Arden Oaks incorporat-
ing the modifications req ue s t e d by Council:
1. A 1.5 acre park in B lock 3.
2 . A turn-around easement on Lot 21, Block 3, and
3. Hodification of road alignment to eliminate sliver
of 1 and extending south from Lot 2 , Block 2.
Af te r review of the planning COmments and d i s C us R i on , Johnson
moved, seconded by Wingert, that Council app rove the Preliminary
Plat of Arden Oaks (9-24-81 revised) as submitted, subject to:
1. Comments of the ri to' Planner (m[!mo of 9-28-81) .
2. Approval of Ci to' Attorney
3. Final grading plan approval by the City Engineer
4. Vacation of previously platted streets as nec2ssary.
Notion carried unanimously (5-0) .
llcNiesh reported receipt of Petition from lOa? of property owners
of Arden Oaks On September 14th reque.s ting City installation of
streets and utilities. It was noted that the feasibility study
will include more than P rden Oaks in o rde r to bring uti li ties to
the plat.
In discussion, it Has noted th a t authorizing preparation of the
feasibility study is a cODlmitment that Council intends to proceed.
Ch ri s tof fe rsen s ug ge s te d th a t the Ci to' en te r into fin agreement with
the developer th at developer will pay engineering,legal etc. eos ts,
if he does not pursue the project. Lauphinghouse referred Council
to letter (9-25-81) offering to reimburse the Ci to' for expenses
necessary to process the A,rden Oaks plat.
Hollenhorst moved, seconded by Hingert, th a t round,l ndop t P2 s-
olution No. 81-68, ilLT)lORIZHH; PFEP/,Ft,TION OF TIlL FEASIBILITY
Sn'DY FOR n;p paVE VENT 81-3 (up to and including Arden Oaks) .
Motion carried unanimously (5-0).
(Engineer and pttorney to draft a developer's agreBT!len t for
Council's consideration.)
1982 Budget
Cbairman Torn Eulcahy referre.d Council to the recommendations of
the Finance Committee relative to the proposed 1982 Budget (I'in-
utes of Finance Committee ~'e"ting of 9-10-81) and noted the sup-
gested changes on transparencies of Sumrr,aries of Expenditure)
Fevenue and ~'e ans of Financing the 1982 Budget.
Hulcahy noted tha t the> budge t. as proposed, t'cpr.e.sen ts an [) ~: in-
ere as e over 1980 expenditures which results in an estimated 8.324
mi 11 levy.
Council expressed its appreciation to Chairman }fulcahy and the .
Finance Committee for their work an(l recommendations.
Cse of Fed,eral Pe ven ue Sharinr, Funds
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HcAllister moved) seconded by llollenhorst th at Council approve
the Cse of Federal revenue Sharing Funds as revised and recommended
by the Fin ance Commi t tee, as follows:
Ordinance Cadi fi ca ti on $ 600
Government Buildings 4,500
Public Safety Car Replacement 7,000
Pub 11 c Works) t--rfscellaneous Equipment 7,600
Parks, Ground l-!aster and o th e r ~Jiscellaneous 12,665
Niscellaneous Equipment
Park s . Summer PI ayground Program 6,480
Park s , Skating Pinks _---2.....!22.-
$44,000
Hotion carried unanimously.
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, > '~ 28, 1981
}linutes of Regular Council Heeting Sept.
Hollenhorst moved, seconded by Wingert, tha t Council a do p t Res-
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olution Nos. 81-62, APPROVINe snls OF }'ONEY T0 nE LEVIED FOF
LEVY YEAR 1981, PAYABLE 1982, AND Al'ENDING LEVY FOR HIP POVEHENT
BONDS. Hotion carried unanimously.
Hol1enhors t move d , seconded by Hingert, th at Council adopt~~
olution No. 81-63, CERTIFYING SPECIAL ASSESSt'ENTS FOR DELINQUENT
SEWE RAND WATER ACCOUNTS TO RA}'SE Y COUNTY FOR COLLECTION WITII
T AXE S ;
Resolution No. 81-64, CERTIFYING SPECIAL ASSESSHENT INSTALLMENT
OF tlUNICIPAL WATER CONNECTIONS TO RAHSEY COUNTY FOP COLLECTION
WITH TAXES;
. Re s 01 u t ion NO. 81-~~ CEPTIFYINC SPECIAL AS SF S St,r.N T INSTALLNENT
FOR DISEASED TREE REHOVAL TO RAHSEY COrl'iTY FOR COLLECTION WITH
T AXE S.
Hotion carried unan imous ly.
}'otorola Tower. - Strobe_-'"1.!Lhting
Harty Nelson, t10toro1a District SuperviRor, said he considers the
strobe ligh t s to be fairly sub t Ie and not very obtrusive. Council's
concensus was as follows:
1. Unde rs toad th" t the lights would be visibl" from a
distanc.e, but would not be seen at all at clOSe range;
surprised to see the ligh t helow the louvers.
2 . Experience reflection phenomena tha t n?sembles li 1',h t-
ning in various portions of the sky; light appears
to bounce off the clouds.
3 . Lights are bri1'hter than though t thev would be.
4 . Lights are distracting from hi 1'rmays 694 an d 88 ; a180
from Snelling AVE. and County Poad F.
5. Reflectivity \0) as de. s c ri h e d as up; it aprears to be out-
ward.
Nelson explained tha t the strobe 1 i1'h ts are rE qui re d by FAA; noted
that they are louvered as follo"is:
240' level at 40 from horizontal
460 . level at 10 from horizontal
700 ' (top) horizontal
Pictures of the b~acons and louvers '-'7E:. re vi e't<:re d ; noted tha t the
louvers are small in respect to the li gh t ~ource.
N e 1 s on said he ;:ill ch~ck ".i th the manufacturer to see. ;:hat can
be done to l1'odify the lights, vithin legal limits; doesn't l;an t
the lights to be distracting to anyone; advised tha t the security
fen ce is scheduled to be ins taIled at tne base of the tower th is
week.
. Park De d i c a!=i ~Tl_ ~_2~".t~~_r!_
A. !-fotorola Toper - Vcf.llistpr reported th at, in accordance ,.,i th
the Park(;';mmi'i:'tee's recommendation, I'!r ~ Vaughan has a g re" d to
dedicate a 1.885 acre park to the Ci ty as diagramed by Park 8 ri-
re c tor Btlckley. (Pttachment to J'uckley's m~mo of 9-11-81) .
NcAllister mo ve d , secondcn by pollenhorst, tha t Council acce.pt
the 1. 885 acres as full satisfaction of the Motorola TOHc.r park
dedication r3qui remen t, subject to Ci ty Attorney's approval of
deed. }totion carried un an imous ly (5-0) .
E. McClung Second Addition-reported thst the second addi t ion,
comprises 2.76 acres; at $8,OOO/acre, the park dedication would be
$2,208.00.
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Hinutes of Pq;ular Council l'ectin1' S<ept. 28, 1981
In dicussion, it was sugrested that $H0CO/acre may ~e low, possibly
$10,OOO/acre is more realistic in today's ~arket.
~fcAl1ister moved, seconded hy I;o11en]lorst, tllat Council arprove
$2,208.00 as full satisfaction of the HcClung Second lddition park
dedication requirement, payable at 1/3 ($736.00) at issuance of
Building Permit on the first three lots; total amount to be paid
by 12/31/52. Notion carried unanimously.
!loard of tftPyls...:':.rl'..oi-"!.'ll."'.T!...t_
Upon recommendation of Councilman Johnson, Mayor Woodburn appointed
Marlyn llamman as a member of the Board of Appeals for the balancB
of 1981.
y.!ingert moved to rafiy the nayor's arpointrr2nt~ :t-'~oti(ln tJas seconded .
by Johnson and carried unanimously. (5-0).
Lan d s .s:.1'.P-",_I~l'."~'=-.t.iE.!l-1'_"l'~,t~
Couucil Was referred to menlOS from I.andscare Inspector KrtlCkenherg
re Emerald Inn and P.T.I.
Wingert reported concurrence that the Emerald Inn J.andscaping con-
forms well to the re~uirements of the approved plan, and wov8d
Council approval of the Emerald Inn landscaping contingent on re-
placement of dead stock, and reduction of the bond to the require-
ments of a one year maintenance bond. Motion was seconu2cl by
Johnson and carried unanimously. (5-0).
\"ingert reported that some of the "key" planting at P.T.I. is miss-
ing along the main entry and at front of building; move~ that the
landscaping not be accepted at R.T.I. until the planting is com-
plete according to plan. Motion was seconded hy Hollenhorst.
Motion carried unanimously.
I n t~.re t a t:.:f..!::>.!'.._o.L S C c.0_0!'__.\'J_ll_,2,_J on_i_nj!_.0.!2Ln an _c,~-'-_I'.."_rmi_t te d_
Encroachments
Council was referra.d to Planning Hemo (9-29-Rj)
After discussion, Wingert moved that a patio is an uncovered out-
door eating facility. liotion was seconded bv Hcl\llister. )'otion
failed (Wingert, Johnson voting in favor of the motion; Woodhurn,
HOllenhorst, Mcftllista.r in opposition).
EcAllister moved that a patio is a structure and part of the prin-
cipal structure. Motion was seconded bv Woodburn. Motion failed
(McAllister, Woodburn voting in favor; ~ohnson, Hollenhorst,
Wingert voting in opposition.
Hollenhorst moved that a patio has a permanent location on the
ground; is, therefore, an accessorystrllcture (definition #124,
Zon;lng ('rd. 213). }iotion was seconded bv Mc".llister and carripd
(3-(4, 1I01lenhorst, l~cfdlister, tlingert v~ting in favor of the
motion; Woodburn and Johnson voting in opposition.)
PEpORT OF VILLAc;f: CLEPK lDHI1\ISTpATOr CHARLOTTE )'C NIESH
.0_~~~\]_,,_c.:i,LJ" .t:.iuL; .
Council concurre(! hat ()ctob~r Council I'eetings b.~ sch_~cu1.:~d on
Tuesday, October 13 and Nonday, October 26th at 7:30 p.m.
Pavrolls
~ilenhorst reoved, secot1(led by \.Jing2rt, that ('ounei 1. aprr"'V~1 the
Payrolls as pre~entEd. ~!otion cArrie(l unanimously.
.!-~~ E!.'..J:.:'U'_~..t:...:~__
North Suburban Cable Comwission
Wingert reporte.d~t'L7t~-f~.~r-'-reSrons2s are p.xpec t2d; 20 rFP's (r;::-.
quest for Proposal) were sent Ollt; advisnd that birls will he
opened at 2:00 p.m. On Thursday, October 1st; Arden Hills will
have a copy on file at the Village Hall.
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~ Hinutes of regular Council Neeting Sept. 2 S, 19 B 1
Wingert re vi e>led the tirnetah12 :
,) an u a ry 15 , 1982 - Consul rant d:,livers rrcdiminary
report to Commission
February 15 , 1982 - Consultant delivers final report
to Commission.
l\bollt I.~a rch , 19 R2 - Can exerci sa a fr~nchise
Fall of 19R2 - Cable available to residents.
Wingert reported th~ t a class has been scheduled re "Wh a t to
Look Forll in the Responses j l10ted that the North Suburh an ('0"'-
. mission funds are nearly depleted - municipAlities may be asked
fo r addi tional funds; advis"d that the consultants evaluation
cost is not to ex ce e d $60001 respondent.
Human ri~hts COIrrmission
Hollenh ors t reported that .Jim and Dorothy Nelson ,0'111 attend the
next Human Fights Neeting (m,mers of rroposed rroup home on Cum-
mings Lane) .
.hdjournm"nt
Wingert moved, seconded by HcAllIster, tha t the meetinp adjourn
at 1: 08 a.m. Hotion carried unanImously (5-0) .
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1/ i '7)" ''1 ~~~~~
' ./: ' /71)//1'/'/' ;!
'-7{t'(.L.t!..,; ,// ,7/7 /((l J..
cnarloL~e MCNieSh ,obert Voodburn
C 1 e rk I>,dminIstrator Hayor
Notice of !'eetinL
The next Regular CouncIl ~f~ e tin g >:i 11 be on Tuesday, Octoher 13th
at 7:30 p.m.
.
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