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Home My WebLink AboutCC 09-27-1982 - Minutes of Regular Council Meeting Village of Arden Hills Monday, September 27, 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 Woodburn, Councilmen Thomas Mulcahy, Dale Hicks, Diane McAllister, Maurice Johnson Absent - None Also Present - Attorney James Lynden, Engineer Donald Christoffersen, Planner Orlyn Miller, Finance Committee Chairman James Strauss, Treasurer Donald Lsmb, Clerk Admin- istrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Approval of Minutes Johnson moved, seconded by Hicks, that Council approve the Minutes of the September 13th Council meeting as amended. Motion carried unanimously (5-0). Business from the Floor None REPORT OF VILLACE ATTORNEY JAMES LYNDEN Arden Oaks Addition Assignment of Development Agreement and Park Dedication to Royal Oaks Realty, Inc. Council was referred to Lynden's letter of 9-12-82 to Derrick Land Company re: 1. Assignment of Development Rights and Obligations, and 2. Park Dedication Agreement requesting execution thereof in connection with the sale of the Arden Oaks subdivi- sion to Royal Oaks Realty, Inc. Upon recommendation of Attorney Lynden, McAllister moved, seconded by Hicks, that Council authorize execution of the documents by the Mayor and Clerk Administrator on be- half of the City. Motion carried unanimously (5-0). Request to Waive Letter of Credit for Grading - Marcel Eibensteiner Eibensteiner explained that the grading will be completed in 8 to 10 days; feels the Letter of Cred~t, therefore, doesn't serve a purpose or benefit anyone and would cost about $1,500. ~. Eibensteiner said he is amenable to providing a Letter of Credit to assure construction of. the required ponding areas and control outlets. Lynden concurred that a Letter of Credit for the grading does not seem necessary; should be provided for the pond- ing and control outlets at 125% of cost. Eibensteiner suggested that the park rough grading be accomplished while the roads are being graded; noted that the park will be about 12' higher than the street. In discussion, it was noted that it was Council's intent to modify the park area to take care of the sight problems, but to leave the park in its natural state until it is known how it will be developed; grading plan modification Minutes of Regular Council Meeting September 27, 1982 P age Two ... for the park was given to Derrick Land. Engineer Christoffersen was requested to provide Eibensteiner with a copy of the plan for sight line grading of the park in Arden Oaks, which is to be accomplished by the developer at the time streets are graded. Hicks moved, seconded by Mulcahy, that Council waive the re- quirement for a Letter of Credit for grading, and instead require a Letter of Credit to assure construction of water detention basins and outlets according to approved plans. Motion carried unanimously (5-0). Status of Johnston Easement Lynden reported that he will meet with the Johnstons on Tuesday (9-28-82); will proceed at the most inexpensive way for the City; prefers to not condemn. . It was Council's understanding that McNiesh will poll the Council if condemnation is necessary. Christoffersen noted that a quantity increase may be needed, if it is determined that sewer be re-routed; would like matter resolved tomorrow so grades can be set accordingly. Opinion Fe Coin Operated Newspaper Dispensers Lynden reported that Minneapolis is promulgating an ordinance regulating newspaper dispensers; noted that Chapter 13 of the Arden Hills Code allows a fee to be charged for vending machines; suggested that the City could enact controls of a "reasonable" nature; noted some case decisions where controls were considered to be"unreasonable". After discussion relative to complaints received concerning news- paper dispensers recently installed in the City, Council referred the matter to Attorney Lynden to draft an amendment to the City Code to reasonably regulate the dispensers as to number, size, appearance, location etc. Case No. 82-20, Special Use Permit for Underground Fuel Storage Tanks - East Side Beverage Council was referred to draft of proposed Special Use Permit in connection with Case No. 82-20, East Side Beverage Co. Hicks moved, seconded by Mulcahy, that Council approve Specipl Use Permit -- Case No. 82-20 and authorize execution thereof by the Clerk Administrator on behalf of the City. Motion carried unanimously (5-0). Allied Painting and Renovating Payment Agreement Council was referred to Lynden's letter of 9-24-82 re City's Agreement with Allied Painting and Renovating, Inc., and to the proposed Agreement which he recommends for Council approval. Johnson moved, seconded by McAllister, that Council approve the Agreement between Allied Painting and the City of Arden Hills, and authorize execution thereof by the Mayor. Motion carried unanimously (5-0). . REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN Change Order No. I, Impr. No. 81-3, Arden Oaks Council was referred to Change Order No. 1 for Improvement No. SS-W-P-ST81-3, Arden Oaks, which establishes unit prices for items inadvertently omitted from the proposal, totalling $3,915.00. After discussion, Hicks moved, seconded by McAllister, that Council approve Change Order No. I, SS-W-P-ST81-3 Arden Oaks. (5-0) Lexington Ave./1-694 Drainage Project Concern was expressed relative to the seemingly extensive dirt moving at 1-694 and Hwy. 51, which appears to accomplish nothing. Christoffersen said the majority of the work is complete; con- -2- .... Minutes of Regular September 27, 1982 . Page Three Council Meeting tractor does have piles of dirt stacked; suggested that the State be contacted requesting completion of the project. County Road E. Christoffersen reported that 17 of the 19 street light bases are being repaired; anticipates completion prior to the October 9th ribbon cutting and County Road E Celebration. REPORT OF VILLAGE PLANNER ORLYN MILLER . Case No. 82-21, Front and Sideyard Setback Variances - 1400 West County Road E, Howard Kern Council was referred to transparency of the Kern's 75' lot on which the existing house and proposed addition were shown five feet from the west property line. Miller explained that the pro- posed remodeling extends the substandard 5' sideyard setback, requiring a variance; expansion also places the house in variance to the prevailing front setbacks of about 50' (40' is required in R-1). Miller reported that the Board of Appeals recommends denial of the sideyard setback variance, because of lack of a "hardship" (did not speak to the variance from the prevailing front setback). Miller reported that the Planning Commission recommends approval of both variances based on the narrowness of the lot, and the front setback does not exceed the 40' requirement in the R-1 District. Miller noted that the extension of the 5' sideyard variance does not represent further encroachment on the neighbor; proposed addition is within the 40' front setback requirement; is not entirely convinced that "prevailing setback" is a good thing, but it is an ordinance requirement. Howard Kern noted .that the seven homes on the south side of County Road E are at approximately 50' setback; showed pictures of homes on the north side of County Road E at random setbacks; noted that three of the homes on the north side of the street were built in the last 1~ years. Kern read a statement, signed by the seven residents on the south side of County Road E, stating that they would like to have the option (if they so desire) to expand their dwellings toward County Road E up to the legal setback of 40 feet. Kern said he had no idea, at the onset, that any variances would be needed for the proposed remodeling; tried to increase the square footage of his home, to maintain its appearance in harmony with the neighborhood and to improve the neighborhood. Mary Ann Benson, adjacent neighbor to the west, stated the pro- posed remodelling ,in her estimation, will be an asset to the neighborhood; stated she does not care about the changed sight line from her house. . Some concern was expressed relative to setting a precedent for future variations from the prevailing setback, which may not be desirable. Miller suggested that a precedent would not be set if each case is considered on its own merits. Hicks moved, seconded by Mulcahy, that Council approve the ex- tension of the 5' sideyard variance and the approximate 10' en- croachment into the prevailing 50' front setback, based on the following: 1. Five foot sideyard setback is common in the immediate area I and 2. The 10'front encroachment beyond the 50' prevailing setback is within the required 10' front setback re- quirement in the R-1 District. -3- Minutes of Regular Council Meeting September 27, 1982 Page Four ~ In further discussion, it was noted thai the lot is substandard in width (75' wide) and the existing house is sited 5' from the side property line; there is an existing front setback inconsistency across the street. Miller defined the situation as "unique"; noted that neighbor input (while not votes) reflect the impact which is apparently not considered to be negative. Miller sug- gested that Council may wish to consider some degree of variation from the prevailing setback, for visual interest. Motion carried unanimously (5-0) Campaign Silins Mulcahy queried the 4 square foot maximum size requirement for ... campaign signs; questioned whether communities can limit the size. Miller explained that the sign ordinance subcommittee didn't want to allow campaign signs at all; the size was decided by the com- mittee, as well. as the limit of three signs on one property. McAllister said she prefers "no signs" in Arden Hills; feels the four sq. foot maximum size is reasonable. Proposed Uses of Federal Revenue Sharinll Funds Public HearinR Mayor Woodburn opened the Public Hearing at 8:32 p.m. A transparency of the published suggested uses of the $33,000 Federal Revenue Sharing Funds was displayed, and the Finance Com- mittee recommended changes, which were to decrease Park Auto- motive Equipment from $8,000 to $5,000, and to increase Mainten- ance of Public Works Building from $2000 to $5000. After determining that there were no comments from the floor, the Public Hearing was closed. Johnson moved, seconded uses of $33,000 Federal the Finance Committee. by McAllister, that Council approve the Revenue Sharing Funds as recommended by Motion carried unanimously (5-0). 1983 Budget - Finance Committee Recommendatio~.s Finance Committee Chairman James Strauss reported the uniqueness of the original budget which, for the first time exceeded one million dollars and also contains a deficit to be resolved. Strauss said the three sources available to the committee were to: 1. Increase Revenues 2. Use Reserves 3. Reduce expenditures Noted that the committee is reluctsnt to use reserves, which is considered a dangerous practice; also noted that Ceneral Fund Reserves are less than some years ago. Council was referred to a Summary of Ceneral Fund Expenditures md to the Finance Committeea recommended changes. Strausa ex- plained that the committees were very cooperative in light of the ... deficit encountered, and the reductiona recommended are those recommended by the affected committees. Strauss noted that the 1983 Budget as recommended will result in an e~timated mill rate of 7.698 mills. In discussion, a list of 5+ priorities was requested, ahould Council have to cut more, or if we have more income where could it best be used. Net Effect on Tsx Levy if Youth Service Bureau is Funded. It was noted that the Finance Committee recommends funding the Youth Service Bureau, if it csn be handled outside the levy limit. A transparency was reviewed showing the proposed revised levy if Youth Service Bureau is funded, totalling $651,762, resulting in an estimated mill rate of 7.773 mills. -4- . ... ~inutes of Regular September 27, 1982 ,Page Five Council Meeting Council discussed the affect the increased mill rate will have on an $80,000 home; expressed concern re the small number of persons involved. Concern was expressed relative to the City's inability to obtain "success data" from the Youth Service Bureau. Also noted were strong recommendations from the various city committees and individuals that Arden Hills support the Youth Service Bureau. After discussion, Mulcaby moved, seconded by Hicks that Council adopt the 1983 Budget as proposed by the Finance Committee. . Johnson moved, seconded by McAllister, to amend the motion to include the funding of the Youth Service Bureau in the 1983 Bud- get. Motion on amendment carried (Johnson, Hicks, Mulcahy, Woodburn voting in favor; McAllister opposed) (4-1). Original motipn, as amended, carried unan~ously (5-0). ~. I.?.....-." ~~~~ _./;" ~ A '~ . ~. ~ R olution No. 82-4 , Certifying Special ~essment n t~ts ~- f~r Collection with Taxes (two connections to Roseville water). McAllister moved, seconded by Hicks, that Resolution No. 82-49 be approved. Motion carried unanimously (5-0). Resolution No. 82-50, Certifying Special Assessments for Delinquent Sewer and Water Accounts Hicks moved, seconded by McAllister, that Council approve Resolu- tion No. 82-50. Motion carried unanimously (5-0). Resolution No. 82-51, Certifying Special Assessment Installments for Diseased Tree Removal Johnson moved, seconded by McAllister, that Council approve Resolution No. 82-51. Motion carried unanimously (5-0). Resolution No. 82-52, Approving Sums of Money to be Levied for Levy Year 1982, Payable in 1983, and Amending Levy on 1972 Improvement Bonds Series 2 and 1977 General Obligation Refund- ing Bonds Mulcahy moved, seconded by McAllister, that Council approve Res- olution No. 82-52. Motion carried unanimously (5-0). REPORT OF VILLAGE TREASURER DONALD LAMB Investments 9-20-82 - $216,530.77 at Northwestern National Bank of St. Paul maturing 4-18-83 at 10.75% interest 9-27-82 - $100,000.00 at Midwest Federal, maturing 3-28-83 at 11.25% interest. Hicks moved, seconded by Johnson, that Council ratify the Treasurer's report. Motion carried unanimously (5-0). . Test of New Civil Defense Siren at 4250 Old Highway 10 - Wednesday October ~ 1 :00 p.m. _ Council was referred to McNiesh's memO of 9-24-82. Council re- ~ested that a notice of the siren test be published in the New Brighton Bulletin. REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MC NIESH October Council Meeting Schedule McNiesh reported that October 11th is Columbus Day; therefore, the first regular Council meeting will have to be re-scheduled. Council concurred that the October Council meetings will be held on October 18th and October 25t~ Claims and Payrolls _ Council was referred to two claims for payment approval, in addition to the claims listed: C.S. McCrossan payment #3-$11,010.50 Allied Printing 7,000.00 -5- Minutes of Regular Council Meeting September 27, 1982 Page Six .v - . Hicks moved, seconded by Johnson, that Council approve the Claims and Payroll, including the two additional claims. Motion carried unanimously (5-0). Calculator Service Contracts Council concurred that the service contracts not be renewed for the two Monroe Calculators. County Road E Celebration Council concurred that permits and fees be waived for the Special County Road E Celebration to be held on October 9th. Health & Accident Insurance McNiesh reported an increase in the Guardian Health and Accident Insurance premium, effective October 1, 1982 to $225/mo. for family coverage; noted that City pays $160; employees share will be $65.40, instead of current employee share of $24.29 ($41.11 increase/month), . COUNCIL LIAISON REPORTS Parks - Mulcahy to consider the noted that the reported that the Parks Committee does not plan Cummings Park development plans until March 1983; ten year plan will need to be re-worked in 1983. Cable Franchise Ordinance McNiesh was requested to check to see whether this ordinance must be included in the City Code codification of ordinances. Association of Metropolitan Municipalities Council concurred that Arden Hills not join the AMM at this time. Adjournmer,!_ Hicks moved, seconded by Mulcahy, that 11:50 p.m. Motion carried unanimously the meeting adjourn at (5 -0) . ~/~t#l/7kvL Charlotte McNiesh Clerk Administrator tf~~~~ Robert L. Woodburn Mayor Notice of Meeti~: The next Council Meeting will be held at 7:30 p.m. at the Village Hall. on Monday, October 18, 1982 . . -6- , . . PKEG!lNCT I' Genora! :Icctlon Nov~lmber 2, !9112 E I e(:t I on Bo,,!!rd ..L.Y.otc:I...lle9..:_. M~ry Trisko CR) Ch~rrman 3436 Glenal"den Road 633 597B Mar}' Lynch (Rl 3210 N. Hamllne AvenuB 633 5535 Neva Stae 1 e (Rl 35!0 N. Snel i In9 Aver~!e 633 2896 Margaret North (Dl 1!36 Cariton Drive 484 !526 Elaine R;chter (0) 3552 Glenarden Road 633 1169 Co un i:l.!:JL 30a rd__ Janice Blomberg (~l Chairman 3508 Glenarden R01Q 636 5926 Shlr~ey Dubuque I)l !I20~ Car-Uton Drlv1 484 80~6 Judy F!tzgera~d (Ol 137~ Flora~ Drive 633 6166 Marilyn Hanson (D) 3~91 N. Lexington Avenue 484 64~9 Judy Herrick (Rl 1166 Cariton Dr!v~ 484 0740 John Unnls IRl 1225 Ingerson RoaJ 636 26.24 Karin O'Connor 10 !I361 Floral Drive 633 95!i6 Maroaret Vlerath Rl 1169 Banton Way 484 6964 \ PRECH-lCT 2 Gan~ral E'Qctlon Novembe r 2 p n 992 . Eledlon Board &~!:=-~a.. Marilyn Kachel (R) Chairman ~479 Arden P~ace 636 3243 Eleanor Anderson (D) ~910 Sto~e Avenu~ 633 ~45S Donna Andrews (Ol 3440 Siems Court 633 4198 Yvonne Opsahl (D) 3471 Siems Court 633 ~595 Erol Maxine Schultz (R) 3180 New BrIghton ROle 633 4366 Melva Williams (R) 3355 lake Johanna Blvd. 633 27f17 Marlyn Damman (D) 2030 Glenpaul Avenu3 633 4 DB ~"!.byteq 1m Homs!!,. Absentee Ballot Team - ... - Mares ~ ij a Se:-<ton (0) 3300 lake Johanna 81vd. 633 4786 '{el'onlea I"cNamea (R) 3535 S! em!l Court 633 2488 . CountIng Board GGorla Kuehn (R) :halrman 3589 RI dgewood RCHd 633 4061 Peggy McCauley 1[1 1525 Jerrold Avenue 633 3665 Marcal na Sexton (l) 3300 lake Johanna Blvd. 633 4786 Nancy Hansen I R) 3368 Laka Johanna Blvd. 633 II on Marcella Longneck r ~D) ~ 860 Grant Road 633 504d Varon!ca McNamee (Rl 3535 Slams Court 633 24138 BBrb~ra Hough (Rl 11860 Stowe Avenue 633 44lH Haijen Schmidt COI i 330 'II. Coun ty ROid E 6:S3 34!l0 Patricia Herrick tD) Hi8S No!} ~ e Road 6:53 4261 PaU~B Zandstra {Ri 3208 Shorawood Drive 633 ~ ,n2 Da~orls Woijeyn CD} 358~ S~Gms Court 633 3030 Delores Moerke CRJ 3538 Sneffis Court 633 2937 . . . PREC I NeT 3 Genora! Sloctlon November 2, 1982 Election B08II"d & Votoc' RSI:J. Donne Wo'~~ f rey ern Cfln ~ I-man 1811 Ven~s AvenuG 633 7508 Countln.s. Board Rebecca Lundeen (Rl Chairman 1752 Chatham Aven~e 636 8472 Shirley Jackson ~O) 8804 Cha.tham Aven ue 6:56 6394 Terry Meull"y eR) 40UI North Fanrv13w Avenue 633 3191/483 H200 Shlriey Ferguson (R) 4082 Vaflantlne C~8St Road 636 4443 Karen TaUbott eR) 1840 Gramsls Roao 633 4332 Mary Ferne McOonaijd (R) 4051 VaQontlne Court 633 3287 Kath!esn Hammlnk D) 1768 Venus Avenue 633 4078 Janet HoJlienhorst (RI 1822 Venus Avenuo 633 U822 Deborah Inwood (DJ 1555 G!en!d ! I Ro;;;l 633 1753 Sharon Carlsen (D) i392 Ardon Place 636 0263 Wilma Kuhn (D) "524 Col10en Aven1e 631 03!!0 Betty Evonson (DI 4035 Valentine Court 633 6343 Judy Ha!'olldson (R 1748 Glenvlew AV6,ue 633 6018 Edeano!' Grant (D} ij 832 Grant Road 633 2173 Donna Bloom (D) ~720 Glanvlew Ava us 633 0916 P9ggy Han!'lkson ~'!) ~740 Glanvlaw AV3~U9 633 n:34 P~m ~lan ko (R) 14~6 Arden View Dive 631: i567 Kathy Ande!'son ~R 437 ~ AI"dell V I e'll Cnu rot 6.36 8094 Sue K,unfi'z (D) 1928 GBenpaui Avo. U~ 653 1972 . PREC:J NeT '} G~narai ElectIon NovGmber 2, ~982 ~jion ~Ot~d & Y2.:t!.':.. R0g. coun'nng SOlll"d ~ ....---...--.-""'-- Charijotte SWllnk (DI Ch~!rman ft434 ArdenVlow Drive 63 ~ 13907 Suslo T~y~or CRI Lhnlrman 4394 Arden V!ew Ccurt 636 89~!l Dorothy Hl:lmnl <<R) ~363 Arden View Drive 631 3286 . ConnIe Spengler <<1)) 1405 Arden View Orlve 633 ~997 Jana Grudnoske CD! 4405 H~ghlts.,. ~O 636 4~C6 G~l9n Hllyne (R) 4040 H~gh\fllY no 636 0237 Donn~ McNeilly CDI i34~ Arden View Drive 633 3047 I rene Oft (R) 1394 Arden Vie. Drive 636 8505 MllrJorle Grubb CR) 043li Arden View Drive 633 6430 Lflon King CR) 460 I U sa Lane 636 '1499 Francis Graham CR) 1358 Arden View Drive 633 60311 'Chery~ Grudnoske CD) 4445 HI gh\uy 10 633 6203 Betty Schouwel leI" IR) 4360 Arden Vie. Court 6:;6 2467 Margrothe Anderson (01 4~74 Arden Vie. Court 633 7~92/63~ 4244 Evelyn La.yar (0) ~484 H!gh\tay 96 633 0;ge Margaret Thorn (Dl n566 Gijenhl!~ Roac 63U 2743 Kathy Brow;1 (Rl ~39i Arden View orlue 633 6824 Conolo HailS CO) J US [Ingerson floac 404 40liS . . . . PRECiNCT 5 General E~ectlcn November' 2, ~982 Electlol!...BoalFd & lIott! Req. Betty Maichow lRi Ch~!r~~n 2036 Todd Dr!ve 631 0589 Alyca J. Scott IR) 1855 Todd Drl \fe' 636 8273 Joyce Johnson (01 4605 Nor~h Prior AV9r~e 636 0553 -// COUllt! ng Board "'-------- ?lIuHnca KIng {R) :haijrman 460 I U sa lane 636 7499 l.l. StegHch IRI 4612 Usa Lane 633 7504 Judy Oray~ln9 IDl 0317 Uda C!rde 633 3426