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Home My WebLink AboutCC 03-31-1980 J- I . . ...,....' , ~'-~.~_",.,.,'r, .,._-... __~,""" ',-l"" .:.::c;~~ .' }tinutes of Regular Council !leeting Village of Arden Hills Monday, March 31, 1980 - 7:30 p.m. Village lIall CALL to ORDE 1l Pursuant to dua call and notice thereof, Mayor Crepeau called the meeting to order at 7:30 p.m. ROLL CALL Present - Mayor Henry J, Crepeau, Jr., Councilmen Robert Woodburn, Char lie Crich ton, Ward lIanson. Absent - Councilman James Wingert. Also Present - Attorney James Lynden, Engineer Donald Christoffersen, Treasurer Donald Lamb, Code Enforcement Officer Larry Squires, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. APPROVAL OF MINUTES Woodburn moved, seconded by Crichton, that the Ninutes of the Regular Council Meeting of March 10, 1980 be approved as corrected and the Minutes of the Special Couacil Meeting of March 17, 1980 be approved as submitted. Motion carried unanimously. BUSINESS FROM THE FLOOR None. REPORT OF CODE ENFORCEMhNT OFFICER LARRY SQUIRES Request for Lakeshore Setback Variance (Case No. 80-7) Squires explained that Ordinance No. 213 requires a 75' lakeshore setback which places Kitk Johnson in a building addition pre- dicament; Johnson had beeD previously advised of the 40' lake- shore setback under Ordinance No. 99; his plans were drawn ac- cordingly. HansoD noted thst two houses have porches that project iDto the 75' setback, in the vicinity of 3320 Lake Johanna Blvd.; noted that proposed addition will not obstruct neighbors' view of the lake. Board of Appeals report of 3/31/80 ~ndicates that adjacent neighbors do not object to the proposed addition. Woodburn moved, seconded by Hanson, that ,Council grant a lake- ahore setback variance as indicated on sketch dated 3/26/80. Motion carried unanimously. Code Enforcement Squires referred Council to his memo of 3/21/80 re Code En- forcement. Propane StoraRe Tanks - noted that dyking should not be re- quired around propane tanks (Ordinance 213, Section VI E. 10); suggested this be changed to comply with State regulations; noted that "screening" should be 'open' to allow for air circulation. It was noted that State Code supercedes local ordinances. Clerk was requested to check with Cod1fier to correct thesa conflicts with State Statutes. Exterior Storage - Lumber Yards - noted that Arden Hills has two lumber yards (Shaw on Connelly Avenue and Stewart at Highway 10 and 35W); each have exterior storage of lumber and building materials, some of which is stored under shed roofs and canopies. After discussion, Squires was requested to notify the lumber yards of the Ordinance 213 requirement that outside storage be screened from public view, and request that steps be taken by each company to arrange for effective screening within a reasonable period of time. Minute. of Regular Council Meeting Page Two March 31, 1980 Ani.a1., Dome.tic v. Animal., Far. Squire. reque.ted Council'. interpretation of whether a goat can be eonaidered a do.eatie ani.a1; ha. two resident. eaeb taapinl a loat a. a pat. Council concurred tbat goat. are "farm ani.a1." aa e1afinad in Ordinance 2.13, not "a co..on bouaaho1d pet". REPORT OF VILLAGE ATTORNEY JAMES LYNDEN . Propoaael Zonina Ordinance Amend.ent Lyndan raferred Council to' bi. letter of 3/28/80 re Amend.ent to Orelinanca No. 213 to Create Education laatriet and Regu- lationa; auggaated that college ea.pu.es be zoned residential but that eollegea n,ot be per.itted unleaa they have obtained a planned unit dava10p.ent par.it; a college without a planned unit develop.ent pei.it would ba non-conforming; reterred Council to tbe Planned Unit Devalopment proviaiona and raquired eom- ponenta wbieb include land uea, traffic and parking, population. aubdiviaion de.ign, service. and faei1itiea. conatruction order and auch other componenta indicated by tbe particular deve1op- .ant propoaed; deacribad the PUD approacb aa .ore flexible tban a new aone; therefore fae1a the PUD ia tbe better approacb to control the develop.ent of botb co1legea. It waa noted that tba Attorney's tbought. are well taken; Council b.. re,ferred tbe propoaed amendment (Wingert concept) to the Planning Co..i..ion for it. reco..end.tiona. .nd ba. acheduled a public baaring thereon April 28th. (PUD concept w'aa not' p.rt of the referral.) . After discuaaion. Lynden wea requested to prepare the appro- pri.t, docu.ent for implementation of tbe proposed a.end.ent for Council'. conaideration on April 14th. at wbich ti.e Council vill alao conaider the Planning Co..iaaion'. reco..endation. on this referral. Crichton .ugge.ted that Council deal witb tbe ".mand.ent" a. a eb.nge to the ordinance. without changing the Zoning Map itself; if the a.end.ant p...... tben proceed to create tbe district. or change the zoning: f.el. Council .hould treat the a..nd.ent by it.elf, without approving or disapproving speCific rezoning. Woodburn noted that PUDa ere allowed in reaidentiel districts (Ordin.nce 213). but collega. are not. Lynden expleined that tbe ordinance would bave to be .mended to imp1e.ent putting colleges under PUD in the li.ting under re.idential district.; ODe college campus would consequently bave to be rezoned. . Hanson reviewed the timing, reletive to the Public aaaring on April 28th; suggested tb.t Lynden not prepare the docu.ent to i.ple.ent the e.enelment until after Council'. eonaideretion of the Plenning Com.is.ion'. reco..end.cions on the l4tb. Lynden eoncurreel th.t the .etter i. too uncertain at thi.' point; aaid it would not be 'difficult to put an orelinence together and plug in a block of require.ents for an education district aftar .eeting ontba l4tb; can acco.p1isb tbis cbange in two stagea - adopt amendment .nd aone later. It va. Council'. understanding that Lynden will draw up vhat could be the implementation document of Mr. Wingert'a concept. Betbe1Co11ege Trail. - Parka Dedication Lynoen referreel Couucil to bis letter of 3/31/80 re Batbe1 College Park Dedication; noted tbat easements covering tbe trail system, .nd leg.l descriptions of the trails are needed. 2 Mlnuta0 of Ragular Councl1 Meet1ng . Page Thre. March :31. 1980 Bancon mo..d. a.~ndad by Woodb.rn. that the C1ty pay curvey co.~. tor th@ tra11 deacr1pt10na. Aftar dl111C1II1l1!l1olll. .lIIt:l.on and ..coIl4 ",ere w:l.l:hdll'awn. L,lIden va. raquested to ,1IIrs1lle the pre,erat1011 of a sketch wlth Mr. L:l.s.nllll'. iethelCollege. ind:l.catiug the extant of the trail. involved :1.8 order to .ecur. an ..t1.ated cost for surya,. . Engineerin A raa..llt - Inf11tration Inflow Anal sill Stud Lynden ~af.rrad Counail to hi. letter of 3 Sl/80 11'11 Infiltration/ Inflow Analy.l. Study Agreement. Woodburn briefly reviewed thli IIcope of th-. .tudy. re..oll. for the .tud, and the vmrlou. ph.... involved. After dl.cullllllon and review of the Agreement and lIIuggeated changea thereto. Cr1chton moved. seconded by Woodburn. thet the f:l.rct two sentenc.. of the la.t paragraph of Art1cl~ IV (1'.12) be deleted. Motion carried unaniaousl,. Crichton moved that Council authorize axecut10n of the Agreement a. corrected tonight. contingent upon the concurrence of the Public Worka Superintendent on the aecond and third paragreph. of Lynden'. letter of 3/31/80. seconded by Han.on. Motion cerried unan1mou.ly. (Chr1.toffer.en wl1l prepere the re-draft of the agreement. 1ntorporating the change. made mt tonight'. meeting. Lynden was requested to prepare the appropriate resolution thet the City hllll the legal authority to enter into an agreement with EPA end that the City will pay it. 10% of the coat.) Preabyterian Home. - Park Dedication Haneon reported that he discussed park dedication for Pre.byter1an Home. property wlth Reverend Hagstrom; lndicated that the Village will need a road easement for Shorewood Drive (about ~ acre on Pre.bytericn Home. property); public trail and path acc... i. proposed as caUsfact10n of paltk dedication requirementlil (no furtber park dedication would be requi~ed). Lynden lndicated tbe need for a survey. Crichton expressed agreement with the con.cept; vantil to know what City is acquiring. (Attorney Lynden waa reque5ted to write to Presbyterian Homes re road easement and perpetual access to existing trails.) REPORT OF VILLAGE E~CINEER DONALD CHRISTOFFERSEN Request to Abate Special A.sasements - .Hortbweetern Water Im- ~vement8 77-5 and 78-2, Jamso Caliluire Coyncil wae referred to Caliguire'a letter and to letter from Chri8toffersen (3/27/80) re requeet for abatement of speclal aSllt"S.lllen till. . In discuulon. Caliguirs said he did not think the wliter line would aff$ct h18 property because it was to be south of Highway 96; wae .~rprieed to receive the assessment. Cbristoffersen explained that there wae no lnd1cat1on of an objection to tbe aeS~.8ment at the Public Hearing, end be 1a not aware that the property is un~ulld~ble. as described; suggested thet it be determlned bow mucb of the property i. d~velopable. After discl,tIHI:!.on. Crichton moved to table the matter pending City Atto:mey'a Bnd Engineer's check on the usability of the lund. Motion wes seconded by Hanson mnd carried unanimously. 3 Minutes of Regular Council Meetins Pege Four March 31. 1980 aa ueat to Rel.... Porfomance Bonde for Utilitie. and Street. - &s stered Pro arti.. Cor oratioe Briarkuoll Council VIII! ll'llferrod to l.aizUllaI!:' Chri.toffer.en'. letter of 3/27/80 r~queet for r.l.... of Perfor..nce Bonde. Christoffersen reported that, excopt for thll minor iteme d.acribed in his letter, the It... covored by the rcfarencod bond. .er. con.tructed in . accordance vith City atandards; recoa..nda City acceptance e., of 3/31/80 and that ..inteoanco bood. b. requested to T.pl.ce the performance bondo. . aanlloo moved. .eeoadad by Crieh ton. that Council accep t the itGme covered by Boad '863737. #863738. '863739 aod '863740 and rel.a.. .aid bonds and that Bond '863741 be reduced to $10.000 a. recolllmended; developer to furoillh one year ma:l.nteoallca bonda. to r.plac8 performanclI benda rlllea.ad 3/31/80. Mot:l.on carriad unanimoullly. aaQuall t to leviev Nolt'l:h l:_al1 tral Dlt'd.nalle Report - Rice Creak Waterahed Dilltr:l.c:t COluac:l.l vlll!l!'aferrllllcl to EUg:l.lAt!UI1!' Chr1111l:lI)fflllr.en'lI leetalt' of 3/17/80 to RCWD ragareling Cardiac Pace.aker. Par.it Application IUld lElinutao from .1lCWD lIIa.t:l.us of 3/12/80. Chr:l..toffmr.an reported thae h~ h.. written << lIub..quent lattar :l.n re.pODIIlO to RCWD; . advie.d \tl1.etb. developllleot 1a 111 aceord- a~c. vith tbe North Cantral Dr~in.se plan. . FINANCE COMMITTEE RECOMkENDATIONS TO INCREASE UTILITY RATES - JAMES STRAUSS Jam.a Straue.. F:l.n'"~ce (;0lll.1III1tl:lIe liIesber. rev:l.ewlld tbe F:l.nanca CO.lII~tt..'li racommlludatlonll regard:l.ng utility rate. wh:l.cb I'a- fleet . need to in~r.... v.ta~ ~atell about 6% aad aever rate. a!loult 20%. COIll~cil waa referl'ed to Izhibilt. 1 and 2, Water and Sewer Income lItatellleoltM alid 1:0 Quarterly 1iI...1:.!!' late. for the variol!lI lIIetel' aDd pipe aill.lIl. Ita dillculI!I:l.Oltl. Cr:l.ch to 111 a ilSS'" II ud that the new rate Iquarte.1' for ra.:l.dentiel .ew.~ be @ 19.30 inatead of 19.40 ae pl'oFolled. Woodburn noted that operating expen..e have .been .8calatiogl :l.lIu:reaae$ {lll.'e Deeded ill ordell: to operate io tb. "black". Woodburn DOTed to adopt tbe ut11:1.ty rate!laa submitted. Motion wa. lIeconded by ClI.':l.chton and carried unan:l.zouBly. KcNte.h vill pr~pare R.adlllltio~ re the approved 1'8t... Council concurred with wording of Bot:l.c8 of Ul::l.l~ty Rate Changes aa pr<ulentad. REPORT OF VILLAGE TREASURER DONALD LAMB . Inv<l!stmentlll $219.538.f7 at Firat Nation~l Bank, St. Paul at 17.65% intereat for s1~ (6) months; matur~. September 10, 1980. . Cri~htoD moved, seconded Treasurer's investment. by Hauaon, that Council ratify Motion carried unanimously. the. Lamb d:l.ll tributed copiell of Arden Hilla C,uhProjec tion, dated 3/31/80, wbi~h depicte the cash picture over the next 12 mouths. OTHER BUSINESS Bid!:! - 4 Wheel Drlvl'a Truck ~:l.th Bcllt, H0101: and 1'10'" Council W~G ref~r~ed to Buckl~7's memo of 3/31/80. 4 . Minutes of Regular Council Meeting Page Five March 31, 1980 Aftar dillculllllion. Hanson moved to accept the bid frolD Lakeland Ford Company lit $12.559, contingent upon the Park'. Capital Budgal: for 1980 Dot b.ing exce.ded. Motion va. aeconded by Crichton and carried unanillloullly. . Approval of Additional Ba.ketball Instructor ~.naon lIloTed, second.d by Crichton, that Council approve the hiring of Philip Uannam aa a Jr. Muatang ba.k.tball inatructor for thft epr:l.ng program @ $4.S0/hour. Motion carried unanimouely. Bethel Colle e Donation for Skatin Rink Uee Council gratefully acknowledged a 200.00 donation from Bethel College, thanking the V:l.llage for uae of akating rink f.ciliti... Crichton moved, aeconded by Haneon, that the $200.00 be depollited in the General Fund. Motion carried unanimoulIly. ., HcNi.elAwas r.qu.a tl!ld to thank the college, on beha.lf of the Council, and to exprells that Council is lOOking forward to working With the college in the future. (Mayor left the meeting.) Committee Reaignation - Rick 3ohnson Hanson reported the Il'a.ignatiou of Rick Johnllon from .t Rights Commis.ion; recommended the appointment of Kay all hillreplace.ent. Actblg Meyor Woodburn appointed Kay a~ a m.mber of the Human Righl:~ Commill8ion - term to ezpire Deeesoer 31, 1980. Hanson moved, seconded by Crichton, that Council ratify the appointment. Motion carried uaanimously. Draft of Joint Powers Agreement with New Brighton - Inllpection of Renderin.& Plant. . Council W48 referfed to draft of Joint Powers Agreement Between the Cities of New Brighton end Arden Hille, prepared by New Brighton Manager, Dennis Zylle. (Not reviewed to date by either attorney; prepared for Arden Hille i:eview and lIuggellted changelllA) In discusBion, Council queried the $4S.00/houi: charge for leall than one (1) hours work; lIuggosted that McNiesh check with New Brighton to see if thia may be high. Council generally concurred with the agreement subject to l:eview byl:he attorneys for both cities; exprell8ed ita desire to work closely with New Brighton on thol! matter. . Approval of Part-time Temporary Public Workll Employee Crichtoil noved, lleconded 'by H.!llnson, that Council approv.e the hiring of Scott Michaud as a part-time temporary Public Works employee @ $4.50/hour and l8~ cents per Eila. Motion carried unanimously. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH .!!!.!:rea"e 1.n..:Monthly Ch.r$~s - ~!etropolitan Wa..t. Control COIII- milileion ChOlrgell Crich~on moved. seconded by Hanaon, that Council concurs with McNiesh's reco~mendation to continue p@ying the $14,791.51 through 1980 ~8 bu~ge~ed. Motion carried unanimously. Ji'myroll McNieeh reque~ted approval of payment of two poetage cheCKS in addition to Payroll approval: $200.00 Village Postage 150.00 Town Crier mailing 5 . Minutes of Regular Council Meeting Page Six Uarch 31. 1980 Crichton moved, seconded by Hanson. that Council approve the postage checks and payroll. es pre.ented. Motion carried unani- mously. MISCELLANEOUS NON-AGENDA ITEMS . Minnesota Housing Finence Agenc; letter of 3/24/80 ~le.h rsad Council.An W1usart . co..ents that Clty not support ths allocation of fund. forepartsent s1te in Arden Hills; dea11D proviSion. that would be required to qualify a develop- ment ~or rental a..:htan". are incomplltlble with exi.ting . conllU:uction IItanclards. mul conflicU with design IItanelard. as expra..ad at racent public hearings. Council concurred with Whagert'lI COlllmel1t. and lIutoori&8d HelHesh to relay the... to the MalA. Latt.r R~g~..t fro. Mr. Rebert R. Sauer for 30 .ph Speed Lilllit Sil!lll-' Crieh~oa 9@yed. ..caudad by Ball.oll, that CouDcil authorl.. Johen..a to inetell the two e18ue at Chatha. area acces. roads on Old Highway lQ and Co~nty Roed H2. Hotion carried nllenimouely. Publi~Saf~ty'He.tl11Z Coune:!.]. concurrecl that 1'\,,1:>1:1.<<: Safety IBeetlulla ..y ba acheclulad every two Donth. if d.sired by the Co..lttee. Adjourn.ent Han.on 1110",11<;1. at 11:19 p.llI. ..conded b;l CricR ton. that the lIIlootins adjourn Motion carried un.niBoualy. ot~~f;u. Charlotte ~cNi..h ~l.rk Admlnl.trator NOTICE ~F MJITING The next R#gular Council Neetlng vl11 be on Hond81. April 14, 1980 at 7:30 p.lIIl. at the Vil1ag. Hall. . 6