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Home My WebLink AboutCC 11-08-1982 ... Minutes of Regular Council Meeting Village of Arden Hills Monday, November 8, 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 7:32 p.m. Roll Call Present - Mayor Robert Woodburn, Councilmen Maurice Johnson, Diane McAllister, Dale Hicks, Thomas Mulcahy (7:38 p.m.) . Absent - None Also Present - Attorney James Lynden, Engineer Don Christoffersen, Treasurer Donald Lamb, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Approval of Minutes McAllister moved, seconded by Hicks, that Council approve the Minutes of the October 25th Council Minutes as amended and the Minutes of the November 4th Council Meeting as submitted. Motion carried unanimously (4-0). Business from the Floor None (Mulcahy arrived at the meeting). REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Amusement Arcade Ordinance Ameudment Council was referred to letter from-Lynden (11-5-82) and Flaherty (11-4-82) relative to Ordinance No. 224. In discussion of license fees, Lynden said he was unaware of Resolution No. 82-41 which establishes fees for amusement arcades and coin operated amuse- ment devices; noted that the fees charged should be commensurate with the cost to administer the licensed activity; suggested an escalating amusement arcade fee, based on the number of devices in the establishment, and a fixed fee per device; suggested that the fees should be in line with other communities. Jane Lockridge, Hunters Park, expressed concern that the ordinance appears to affect only one business; feels it is unfair to p.lace controls on an existing business operation which seems to please "everyone". It was suggested that perhaps the whole ordinance deals with "evils" that don't exist. Tim Tuggle said from his son's experience, he could vouch for Flaherty's policing their operation and enforcing the 9:00 p.m. curfew. In further discussion, it was explained that the controls were . primarily based on concern about activities in and around arcades (e.g. beer drinking in parking lots etc.), also of concern is that minors are operating the machines when they should be in school. Flaherty suggested that young people will congregate most anywhere parking lots, beaches, parks, street corners, shopping centers etc; advised that Flaherty polices its own oper- ation, which is controlled by liquor license regulations and in- vestigation; noted that Flahertys has had game machines for over 19 years without any problems. Hicks moved, seconded by Mulcahy, that Council authorize the changes to Ordinance 224 as suggested iu Lynden's letter of 11-5-82, to exclude those establishments having liquor licenses from certain sections of the ordinance, and to modify Section 4-12 to regulate hours of operation on school days/nights for per- sons under the age of 16, not accompanied by an adult or guardian. Motion carried (Hicks, Mulcahy, Johnson, McAllister voting in favor of the motion; Woodburn voting in opposition). -------- ... Hinutes of Regular Council Meeting Nov. 8, 1982 Page Two (Council concurred that the fees for amusement arcades license and coin-operated amusement device license be referred to the Finance Committee for recommendation to Council; Lynden to write le t te r for Finance Committees consideration and to prepare the necessary amendmen t to incorporate the changes to Ordinance 224) . Status Report - Control Data Leas~ Agr~ement Council was referred to Lynden's letter of 11-5-82, and attached final draft of Control Data Parking Lot Le as e Agreement, which he reported has been approved by CDC's attorney. Hulcahy movedt seconded by HcAllis te r, that Council approve the Lease Agreement and authorize execution thereof by the Mayor and . Cle rk Administrator. Notion carried unanimously (5-0) . Lexington/I-694 Drainage Project Lynden reported that the contractor (Lametti & Sons Inc) has in- dicated his intention to pur sue arbitration relative to $45,000 + miscellaneous claims; noted that the deadline for filing is 11- 12-82. Johnston Easement - Arden Oaks Improvement Pr:.oject Lynden repo r te d tha t he has a copy of the easement; executed ease- ment will be delivered upon Johnston's receipt of the ci ty' s check. REPORT OF VILLACE ENGINEER DONALD CHRISTOFFERSEN Case No. 82-12, Minor Subdivision - Sullivan Coun cil was referred to Chris toffe rsen 'sletter of 11-5-82 rela- tive to estimated cost for replacing the 18" culvert under Skiles Lane wi th a 2411 culvert, and feasibility of changing the culvert location so it is perpendicular to the street. Christoffersen reported that realignment of the culvert does not appear to be practical; cost estimate of $5,900 is bas e d on a 24" culvert be in g placed at the same location as the existing 18" culvert. Concerns were exp res se d relative to the advisabili ty of allowing extensiv.e filling of the property in order to create a suitable building envelope, and to the potential subsequent water problems for the proposed new and existing lot owners. Drawings were shown by Sullivan of the proposed split. Engineer Chris toffersen verified tha t app roxi ma te ly 11 acres drain into th is area. Sullivan suggested tha t the existing setback from Highway 51 ( Snelling) is extensive; noted that he has heard that this wide right-of-way is to be abandoned; sugges ted that Council reconsider the setback for this wooded lot which would, in his estimation, provide a beautiful building site. In discussion, it was of concern that a setback variance will un- doub tedly be requested for the proposed 10 t, when a house proposal is known. Sullivan said he has no intention of developing the property himself; would like to some day sell the house and 10 t. McAllister moved, seconded by Woodb ur,n, that Council app rove the . straight line lot spli t and consolidation as proposed. In further discussion, McAllister said she will not vote for the motion because she feels tha t splitting the lot will destroy it. Woodburn moved that the motion be amended to add that approval of the split is contingent upon agreement by the owner that he wi 11 pay the CDs t of culvert replacement (from 18" to 24") , and that approval of the split does not anticipate approval of future vari- ances on the 10 t, in spite 01 its configuration. Amendment was seconded by Hicks and carried. (Johnson, Hicks, Woodburn voting in favor; Nulcahy, NcAllister voting in opposi- tion) (3-2) . Johnson Dloved to further amend the motion to give the City Planner latitude to ad jus t the lot line between the two lots to enhance the building envelope and access on the newly created 10 t. Hicks seconded the amendment and amendmen t carried unanimously (5-0) . -2- ... of Minutes Regular Council Meeting Nov. 8, 1982 Page Three Original motion, as amended, carried. (Woodburn, Johnson,Hulcahy voting in favor of the motion; Hicks, McAllister voting in opposi- tion) (3-2) . Change Order No. 3, 1m pro veme n ;'J~..':!_'~_! - 2 (Stor,!ll Drainsge) Counci 1 was referred to Change Order No. 3, Christoffersen said the items covered by the change orde r represent legitimate claims for which he re commends approval of payment. Hicks moved, seconded by Mulcahy, that Council approve Change Order No. 3, Impr. No. SS81-2 (Storm Drainage) . Motion carried unanimously (5-0) . . .Briarknoll Two - Status Report Christoffersen reported that corre c tions have been made; develop- er's engineer will be requested to inspect the project and make a check lis t prior to requesting City to make its final inspection. Christoffersen repor ted tha t Public Works Superintendent Johansen has authorized, and is apparently satisfied with, two connections to the sanitary sewer. ,S tat us 0 f Ham 1 i~~~n u e_~r_~:l}.2",i n arLS_k_~!..cJ,- Christoffersen reported he intends to have the preliminary Hamline Avenue sketch for Council review at the next meeting. Status Report - Cable TV, William Bauer . ---- Bauer reported tha t 9 of the 10 cities have passed the r'ranchise Ordinance; Hounds View is expected to pass it at tonight's meet- ing. Bauer said that State Cab Ie Board certification of the 10 city franchises is anticipate,d on Nov. 12 th; cities should re- ceive confirmation certificates on December 2nd. Ordinance No. 227, ,Amendin_a._~~.b Ie TV Ordinance No. 226 Article II Section lA(2) Fi r s t and S e con d Readings Bauer explained that the Commission, after reviewing the legal council statement for June/July/August, found it did not have sufficient funds; an additional $IOOO/vote is requested ($2000 - Arden Hills) which is payable af te r receipt of Group H reimburse- ment. Hauer noted that Ordinance 226 should consequently be amended. After discussion, Johnson moved, seconded by ~lcAllis ter, that Council Introduce Ordinance No. 227 by Tit Ie , AN ORDINANCE AMENDINC ORDINANCE NO. 226, THE CABLE TV ORDINANCE, BY CHANGING THE DOLLAR AHOUNT SHOWN IN SECTION I.A(2) OF ARTICLE II THEREOF. Motion carried unanimously (5-0) . Johnson moved, seconded by McAllister, that Council suspend the rules. Motion carried unanimously (5-0). HcNiesh read Ordinance No. 227 aloud in its entirety. Johnson moved, seconded by HcAllister that Council ad op t Ordi- . nance No. 227. Hotion carried unanimously (5-0) . Hunters Park Apartments Sien Council was referred to Zehm's memo relative to a proposed free' standing sign proposed for the Hunters Park Apartments. Hr. Cary Bailey, Bailey Enterprises, explained that an lIarea iden- tification sign' is needed to identify the building which is set back 700 +' from Pine Tree Drive Af te r discussion, and review of a drawing of the proposed sign, Council concurred that the Hunters Park Apartments are a multiple residential complex consisting of 3 structures; therefore the pro- posed free standing sign meets the sign ordinance regulations and no ordinance amendmen t is needed. Council concurred tha t the sign permit be approved as proposed. -3- .. Ninutes of Regular Council Heeting Nov. 8, 1982 Page Four COUN ClL LIAISON REPORTS Human Rights Commission - Nulcahy reported that the Human Ri gh ts Committee felt disposed that Arden Hills make a contribution for Arden Hills residents participation in the 110unds View Handicap program; sugge s te d the request be re-referred to the Parks Com- mission for recommendations to Council relative to funding. Coun ty Road E Traffic Survey - Council gene rally concurred with Johnson's suggestion that Council de fer request for speed checks until af te r semaphores are installed and operational. Lynden's Letter re Bethe!_~!.!.~~Tr~.sl'.aE_ and Theft Problem . . Council was referred to Lynden 's Ie t te r of 11-1-82 re an ordinance which was adop ted by Shoreview which expands the definition of trespassing from the one which is contained in State Statutes. Council concurred that the ma t te r be placed on the November 22nd Agenda for Council's consideration. Pub lic Sa f e ty Committee Referrals Council concurred tha t the following matters be referred to the Public Safety Committee for its recommendations to Council: l. Letter request for control of cats. 2. Need for a reflectorized sign at eu rye of Harriet Ave. and Pine Tree Drive. RCLLG Delegate Appointment De fe rre d to January 1983. Liv-A-Snaps Complaint WOOdburn reported receipt of a faw complaints relative to o do rs from Liv-A-Snaps Inc. Council concurred that when/if future complaints are received tha t they be referred to Hr. Fridgen, New Brighton Sanitarian,for inspection. Resolution No. 82-60, Approving !~.LB.:_~_Il1~~l County Sheriff's Con t ra ct' Council was referred to NcNiesh's memo of 11-4-82 re Union Con- tract. and to draft of Resolution No. 82-60. HcAllis te r moved, seconded by Hulcahy, that Council adopt Reso- lution No. 82-60, A RESOLUTION APPROVING AGREEI1ENT WITH COUNTY OF RANSEY FOR LAW ENFORCENENT SERVICES FOR THE YEAR 1983. 110 tion carried unanimously (5 -0) . RePORT OF VILLAGE CLE RK ADNIN ISTRATOR CHARLOTTE NC NIESH Resolution No. 82 -61 , Apportionment of Assessmeut~L-Sanitary Sewer Impr. 12 and 13~ater Im"pr. 71-1 ~R()yal Hills) Nulcahy moved, seconded by Hicks, tha t Council adopt Resolution No. 82 -61. Notion carried unanimously (5 -0) . . Claims and Payroll McNiesh referred Counci 1 to a claim correction for 8 lamps for Hazelnut Park Hockey Rink in the amount of $297.92 which was not listed. Hicks moved" seconded by NcAllister, that Council approve the claims, as amended, and the Payroll as submitted. Notion carried unanimous ly (5-0). Adjournment Hicks moved, seconded by Mulcahy, tha t the meeting adjourn at ~2 p.m. .Notion carried unanimously (5 -0) . ,/~~ ~__ "L -- - "- Charlotte HcNiesh Robert L. Woodburn Cle rk Administrator Hayor Notice of_ Heet!!!.&: The next Regular Council Heeting wi 11 be held on 110nday, November 22, 1.982 at 7:30 p.m. at the Village Hall. -4-