HomeMy WebLinkAboutCC 12-13-1982
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Minutes of Regular Council Meeting
Village of Arden Hills
Monday, December 13, 1982,- 7:30 p.m.
Village Hall
Call to Order
Pursuant to due call and notice thereof, Mayor Woodburn called the
meeting to order at 7:30 p.m.
Roll Call
Present - Mayor Robert L. Woodburn, Councilmen Thomas Mulcahy, Dale
. Hicks, Diane McAllister, Maurice Johnson
Absent - None
Also ~resent - Attorney James Lynden, Engineer Donald Christoffersen,
Public Works Supervisor Bud Johansen, Clerk Admin-
istrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm
App roval of Minutes
Johnson moved, seconded by McAllister, that the Minutes of the
Regular Counci 1 Mee ting of November 22, 1982 be app roved as amended.
Motion carried unanimously (5-0).
Business from the Floor
None
REPORT OF VILLAGE ATTORNEY JAMES LYNDEN
Ordinance No. 228, Amendin~ Ordinance No. 224 Regulatin~ Amusement
Arcades and Coin Operated Amusement Devices
Counci 1 was referred to draft of Or dinance 228: suggested that
Sec. 4-12 be changed to coordinate hours with City curfew hours
(chapter 17, City Code) which requires any minor under the age of
sixteen (16 ) years to not be in unsupervised places in the City
between the hours of 10: 00 p.m. and 5:00 a.m. (public streets,
parks, public and other unsupervised places).
McAllister moved, seconded by Johnson, that 9:30 o'clock p.m. on
all nights of the week be the curfew for amusement device operation
by minors. Motion carried unanimously (5 -0) . The following changes
were made to Ordinance No. 228:
11Sec.. 4-12. Truants: hours of operation by minore. No truant
from school shall operate a coin-operated amusement device,
and no minor under the age of sixteen (16) years shall oper-
ate such device on any night of the week after the hours- of
9: 30 o'clock p.m. unless he is accompanied by a parent or
guardian. No person in charge of the premises where the de-
vice is located shall permit it to be played or used in vio-
lation of the provisions of this Section. "
Sec. 3. Amendment to Section 4-22(e) of the Arden Hi 118 Code
by Cha nging Caption and Substance Thereof. Section 4-22(e)
. of the Arden Hi lls Code is he reby amended by deleting the
existing Section 4-22(e) and substituting therefor the fol-
lowing provision:
"(e) Entrance of truants and minors prohibited unde r
certain circums tances. No truant from school shall
be permitted to enter or remain on any part of the
p remi ses of the amusement arcade. No minor under
the age of sixteen (16) years shall be permitted to
enter or remain upon the premises of the amusement
arcade any night of the week after the hours of 9: 30
o'clock p.m. unless accompanied by his parent or
guardian.
Af te r discussion, Hicks moved, seconded by Johnson, that Council
adopt Ordinance No. 228, AN ORDINANCE AMENDING DIVISION 2 AND 3 OF
ARTICLE 1 OF CHAPTER 4 OF THE ARDEN HILLS CODE, WHICH PROVIDE FOR
THE REGULATION AND LICENSING OF COIN-OPERATED AMUSEMENT DEVICES
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Minutes of Regular Council Meeting
Dec. 13, 1982
Psge Two
AND AMUSEMENT ARCADES, BY CHANGING OR DELETING CERTAIN PROVISIONS
THEREOF AND BY EXCEPTING LIQUOR LICENSEES FROM CERTAIN PROVISIONS
THEREOF, ss amended. Motion carried (Hicks, Mulcahy, Johnson,
McAllister voting in favor of the mot ion: Woodburn voting in op-
position (4-1) ,
Approval of 1983 Liquor Licenses
Council was referred to Lynden's Ie tter of 12-8-82 re 1983 Liquor
License Applications.
McNiesh reported that all corrections are being made in accordance
with Lynden t s comments; advised that Fire Chief Koch and Ramsey .
Co un ty Sheriff Division Commander Spencer have scheduled inspection
of the liquor establishments.
McAllister moved, seconded by Hicks, that Council approve the fol-
lowing 1983 liquor licenses subject to approval by the Ci ty Attor-
ney, Fire and Police Departments. Motion carried unanimously (5 -0) .
1 . Southmark Hospitality Management, Inc.
d/b/a McGuire's Inn
1201 Wes t County Road E
On-sale, On-sale Sunday
2. Big Ten Supper Club, 'Inc.
4703 Highwsy 10
On-sale, On-sale 'Sunday, Off-Sale
3 . GDM d/b/a Lindey's Prime Steak House
3610 N. Snelling Avenue
On-sale, Off Sale
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4. Flaherty'a Arden Bowl, Inc.
1243 W. County Road E
On-sale, On-sale Sunday
5. Arden Hills Club
4177 Fernwood
On-a ale , On-sale Sunday
6. Blue Fox, Inc.
3833 N. Lexington Avenue
On-sale, On-sale Sunday
7. Star Liquors, Inc.
3537 North Lexington Ave.
Off-sale
S ta tus Report - Lametti & Sons Inc. Arbitrstion
Council was referred to Lynden's letter of 12 -10-82 re Lametti &
80nsl Inc. and the City of Arden Hills, to Mr Leighton (Attorney)
and Ms, Heinitz (American Arbitration Association) in rebuttal to
claims made by Lametti & Sons Inc.
Lynden noted that the rebut tal is based on procedural defenses: .
that Ci ty relied on the time 1!mi ts in the contract: contractor
failed to notify Ci ty of problems or objections until several
months after the contract work was completed, etc.
REPORT OF VILLAGE ENGINEER DONALD CHRI STOFFE RSEN
Manhole Covers Proposed by RCWD - South of Co un ty Road E-2
Council was referred to memo from Johansen (12-10-82) .
Christoffersen reviewed the agreement that the City had made with
RCWD, relative to the installation of waterproof msnhole covers by
RCWD in the open space area south of County Rd. E2; noted that, as
proposed now, all the adjusting rings are to be removed and some
of the new covers will be below ground level.
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Minutes of Regular Council Meeting
Dec. 13, 1982
Page Three
In discussion, it was queried how of ten the manholes will be cov-
ered by water and/or soil: also how often access to them by Public
Works is anticipated.
It was noted by Christoffersen that he had specified the type of
covers to be used to be placed above anticipated flood elevations;
reported that the bid received by RCWD was above the anticipated
amoun t; now intend to remove the rings and place the cas ting.
directly on top of the manhole. Christoffersen reported that
RCWD has ordered the contractor to not proceed until after their
next meeting;
, The general concensus of Council was that a letter ba sent to
RCWD, requesting that the work be done as previously agreed; if
no t agreeab Ie to RCWD, then req ues t that the castings be placed
at the existing level, leaving the rings, and City will do the
waterproofing around rings.
Five Year Plan for Construction of State Aid Streets
Council was referred to Christoffersen's suggested Municipal
State-Aid Street System 5-year Construction Program for Arden
Hills, for Council's approval; revised program to be submitted to
MnDOT by Jan. 1 , 1983.
In discussion, Christoffersen noted that MnDOT will be res pons ib Ie
for the portion of Hamline Avenue, south of Floral Drive, balance
of Hamline (north to Hwy. -96) will be the City's respons ib i li ty;
suggested that the City enter into a cooperative planning effort
wi th MnDOT to establish the design for the south portion of Hamline
Ave.
Hicks moved, seconded by Johnson, that Council authorize sending a
Ie t te r to MnDOT indicating Arden Hill's willingness to exp lore a
joint project. Motion carried unanimous ly (5-0).
Hicks moved, seconded by Johnson, that Council approve ~he Munic-
ipal State-Aid Street System 5-year Construction Program for Arden
Hills 1983 thru 1987, as discussed this evening, adding an esti-
mated State Aid expenditure in 1986 of $121,685, and noting that
Hamline Avenue project is proposed in th ree phases (phase I in
1983, phase II in 1985 and ph ase I II in 1986/87) . Motion carried
unanimously (5 -0) .
Requests for Ci ty to Accept Streets and Utilities , and Reduce Per-
formance Bond - Briarknoll Second Addition
Council was referred to Christoffersen's letter of 12-10-82 rel-
ative to request from the engineering company for Briarknoll 2nd
Addition that the City accept the sanitary sewer. wa termain, storm
sewer, curb and gutter and paving. Christoffersen, said that, if
Council determines it would be acceptable to accept certain por-
ti ons of the improvement, he recommends the City accept the under-
ground utilities, subject to a maintenance bond naming City as ad-
ditional obligee. Christoffersen said the whole project is not
complete. Backfill behind curb s is not satisfactory and should be
. corrected before acceptance: grading at south end of Norma Ave.
connecting Briarknoll II to Royal Hil,ls is not finished; described
a steep slope with no boulevard. Christoffersen said they have
agreed to do everything requested; would like to start the main-
tenance bond now.
After discussion, McAllister moved, seconded by Johnson, that
Council accept the underground utilities, and authorize reduction
of the Letter of Credi t accordingly, subject to a one-year main-
tenance bond naming the City as additional obligee. Motion
carried unanimously (5 -0) .
~hristoffersen noted that the streets are substantially complete;
anticipates they will be completed very soon).
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Minutes of Regular Council Meeting
Dec. 13, 1982
Page Four
Proposed Amendment to Me tro Council Water Resources Development
Guide Dealing with Sewage Treatment and Handling
Council authorized Christoffersen to attend the Public Hearing on
behalf of Arden Hi lIs. (Mee ting is scheduled at 2:00 p.m. on
Jan. 6. 1983 in the Metropolitan Council Chamber, 300 Metro Square
Bui lding. 7th and Robert Streets.)
Case No. 82-23, Sign Setback Variances - Cardiac Pacemakers, Inc.
Woodburn referred Council to Planning Memo (11-18-82) and Planning
Commission recommendations (Minutes 12-1-82)
The Planning Commision's recommendation of whether the proposed ,
signs are "directional" or "bus iness tl was queried. Jack Moore
( CP I) said the purpose of the signs is "directional", but the
area of the signs under construction,exceeds the "directional
sign" size maximum.
After review of the colored sketch of the proposed signs, and dis-
cussiont McAllister moved, seconded by Hicks. that Council approve
a 25' setback variance for the proposed "business II sign at the
County Road F CPI entrance drive, as per sketCh presented. Mo tion
carried unanimous ly (5-0) .
McAllister moved, seconded by Hicks, that Council deny the setback
variance for the "business sign" proposed at the CPI Fernwood en-
trance drive. Motion carried unanimoUSly (5 -0) ,
Case No. 82-24 Minor Subdivision - Herbert S, Johnson Com anies
(3 lot subdivision at New Brighton Road and Stowe Avenue .
Council was referred to Planning Memo 01-18-82 ) and Planning Com-
mission re commenda tions (Minutes of 12-1-82) .
After discussion, Mulcahy moved, seconded by Hicks, that Council
approve the 3 lot resubdivision as proposed (Survey dated 11-3-82.
prepared for Patrick Finn), recognizing the variance on one lot
from the requirement of full lot frontage on a pub lic street.
Motion carried unanimously (5-0) .
Licenses for Amusement Arcades and Coin Operated Amusement Devices
Council was referred to recommendations of the Finan ce Commi t tee
(Minutes of 12-9-82), recommending the following fees:
Amusement Arcade
$120.00/year plus $30 for each device from the fourth
through the tenth, and $60 for each device above the tenth.
$1.230/year maximum.
Amusemen t Devices
(whether a part of arcade or other establishment)
$40/device in 1983
$60/device in 1984
After discussion. McAllister moved that Council adopt Resolution
No. 82-67, ESTABLISHING FEES FOR AMUSEMENT ARCADES AND COIN .
OPERATED AMUSEMENT DEVICES AND RESCINDING RESOLUTION NO. 82-41.
Motion was seconded by Hicks.
In further discussion, it was noted tha t it has been our tendency
in the pas t to review all fees pe riodi cally; Finance Committee had
previously anticipated re-evaluation of all fees for 1984 permits/
1icenaes.
Hicka moved, seconded by Johnson, to amend Resolution No. 82-67,
ID include eatablishment of fees for 1983 only; 1984 feea to be re-
evaluated with other permit/license fees for 1984. Mo tion carried
unanimously. (5-0) .
Motion as amended, approving Resolution No. 82-67 carried unan-
imous ly. (5-0) .
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Minutes of Regular Council Meeting
Dec. 13, 1982
Page Five
Resolution No. 82-64 , Establishing Fees for Electrical Permits
and Rescinding Resolution No. 80-60
Hicks moved, seconded by McAllister, that Council adopt Reso-
lution No. 82-64, RESOLUTION ESTABLISHING FEES FOR ELECTRICAL
PERMITS AND RESCINDING RESOLUTION NO. 80-60. Motion carried
unanimous 1y ( 5 -0) ,
Resolution No. 82-65, Supporting Changes in State Aid Formula
Council was referred to s amp Ie resolution in support of changes
in State Aid formula.
, Af te r discussion, Hicks moved, seconded by McAllister that Counci I
adopt Resolution No. 82 -6 5 , RESOLUTION IN SUPPORT OF CHANGES IN
STATE AID FORMULA, as amended. Motion carried unanimously (5 -0) .
McAllister moved, seconded by Hicks, that Council authorize the
expenditure of $100.00 to support lobbying for changes in the
State-Aid Formula in 1983. Motion carried unanimously (5-0).
(Copies of Resolution No. 82-65 to be sent to legislators) .
Resolution No. 82 -66 , Approving Public Works Union Agreement for
1983 and 1984
Mulcahy moved, seconded by Hicks, that Council adopt Resolution
No. 82-66, RESOLUTION APPROVING 1983 LABOR AGREEMENT WITH INTER-
NATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49. Motion car-
ried unanimously (5 -0) .
Donation - The Presbyterian Homes of Minnesota, Inc.
Mayor Woodburn acknowledged receipt of a $1200.00 donation to the
City of Arden Hills from the Presbyterian Homes of Minnesota, Inc. ~
and expressed Council's appreciation on behalf of the Ci ty.
Approval for Building Inspector Squires to attend Annual Institute
for Building Officials
Council was referred to memo from Squires (11-26-82) .
Hicks moved, seconded by Mulcahy, that Council authorize Squire's
attendance at the three day Ins ti tu te for Building Officials to
be held January 19, 20 and 21, 1983, and authorize the expendi-
tures of $300,00 as outlined in memo. Motion carried unanimously
(5-0) .
Joint Powers Agreemen t for Northwest Suburban Youth Service
Bureau - Resolution No. 82-68
After discussion, Hicks moved, seconded by Mulcahy that Council
adopt Resolution No. 82-68 as amended. (Hicks, Mulcahy, Johnson,
Woodburn voting in favor of the motion; McAllister voting in oppo-
s i tiOll) (4-1) .
1983 Street Sweeping Agreement with New Brighton
Council was referred to Street Sweeping Agreement dated ( 1l~30-82)
between the City of New Brighton and the City of Arden Hills.
. Hicks moved, seconded by Mulcahy, that Council authorize execution
of the 1983 Street Sweeping Agreement by the Mayor and Clerk Ad-
ministrator. Motion carried (Hicka, Mulcahy, Johnson, Woodburn
voting in favor of the motion; McAllister voting in opposition
(4-1) .
Workmen's Compensation Program League of Minnesots Cities
Insurance Trus t ,
McNiesh referred Council to Application for Coverage for the period
January 1, 1983 to January 1 , 1984.
Hicks moved, seconded by McAllister, that Council authorize execu-
tion of the Application for Covera8e by the Clerk-Administrator.
Motion carried unanimously (5-0) .
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Minutes of Regular Council Meeting
De c. 13, 1982
Page Six
Protective Alarm Service Agreement, Electro Watchman Inc.
McAllister moved, seconded by Hicks, that Council authorize
execution of the Electro Watchman Protective Alarm Service Agree-
ment by the Clerk Administrator. Motion carried unanimously (5-0).
MnDOT Request re Maintenance of Traffic Signals at Hwys, 10 and 96
Council was referred to MnDOT's letter of 12-1-82 proposing certain
maintenance of the revised traffic signal aystem at T.R. 10 at t.H.
96 by Arden Hills, and to memo from Johansen (12-7-82),
After discussion, Mulcahy moved, seconded by Hicks, that Council
deny the proposed shared maintenance program. Motion carried ,
unanimously (5-0),
Approval of Skating Rink Attendants and Winter Program Personnel
Council was referred to Buckley's memo fo 12-9-82 re 1983 Winter
Program Personnel, recommending the hiring of leaders and super-
visors.
After discussion, Mulcahy moved, seconded by McAllister, that
Council approve the hiring of Winter Program personnel as outlined
in Buckley's memo, with the exception of the rate for Ice Skating
Instruction which was retained at $6.00/hour. Motion carried
unanimously (5-0).
(Rationale is that this was the only proposed increase over the
1982 rate.)
1982/83 Phone Charges for Ice Rink Warming Shelters
Council was referred to Buckley's memo of 12-9-82 relative to
warming house telephones.
After discussion, Hicks moved, seconded by McAllister that Council
concur with Buckley's recommendation to install residential phone
service in the shelters at Freeway, Hazelnut and Valentine parks,
with toll restriction to eliminate long distance calls, as out-
lined in memo, and retaining the coin phone service at Perry Park.
(total estimated cost for season $542.00). Motion carried unan-
imously (5-0).
REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MC NIESH
Claims and Payroll
Hicks moved, seconded by McAllister, that Council approve the
Claims and Payroll as submitted. Motion carried unanimously (5-0).
Ramsey County League of Local Governments - Dinner Meeting
McNiesh referred Council to RCLLG Newsletter of 11-30-82; suggest-
ed that anyone desiring to attend the general membership dinner
meeting on Wednesday, Dec. 15th at 6:30 p.m. at the Holiday Inn in
Roseville, notify her so she can make the necessary reservations.
Preliminary Discussion of 1983 Committees and Committee Liaison
Council was referred to list of names of persons expressing
interest in committee appointment for 1983. Woodburn asked Coun- .
cil's recommendations at the December 27th Council meeting: 1982
attendance records for Board of Appeals and Newsletter Committee
were requested by Woodburn. It was noted that Cable TV needs a
few more members, Clerk to arrange for publicity.
MISCELLANEOUS BUSINESS
County Road E Speed Check - Ken Weltzin to be invited to attend
Council meeting of Dec. 27th relative to County Road E road width
and bike paths.
Ramsey County Public Works Meeting - Dec. 20th
McNiesh to check with Weltzin to see if request for offical speed
check on County Road E will be on the agenda, and to memo Council.
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Dec. 13, 1982
Page Seven
Minneapolis Hide and Tallow Inspection Report
Council asked for copy of next report; want to know if they are
in compliance with MPC requirements.
1983 Budget
It was noted that the Finance Committee is prepared to review the
Budget, and suggest where cuts can be made to offset the Local
Government Aid cuts by the Legislature.
Adjournment
Hicks moved, seconded by McAllister, thst the meeting adjourn
, at 11: 59 p.m. Motion carried unsnimous ly (5 -0) .
OZili/~~~]~ ~~~-- J
Charlotte Mc tesh ' 0 ert L. Woodburn
Clerk Administrator Mayor
Notice of Meeting
The next Regular Council Meeting will be held on Monday,
December 27, 1982 at 7:30 p.m.' at the Village Hall.
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