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HomeMy WebLinkAboutCC 09-13-1982 " . . .. Minutes of Regular Council Meeting Village of Arden Hills Monday, September 13, 1982 - 7:30 p.m. Village Hall Call to Order Purauant 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 Tom Mulcahy (7:35), Diane McAllister, Maurice Johnson. Absent - Councilman Dale Hicks Also Present - Planner Orlyn Miller, Treasurer Donald Lamb, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. Approval of Minutes Johnson moved, seconded by McAllister, that the Minutes of the Special Council meeting of August 23rd be approved as submitted. Motion. carried unanimously. (3-0). Johnson moved, seconded by McAllister, that the Minutes of the Regular Council Meeting of August 30th be approved as amended. Motion carried unanimouslr (3-0). (Mulcahy arrived - 7:35 p.m.) REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 82-20, Special Use Permit for Underground Fuel Storage Tanks - East Side Bevera~e Co. Miller referred Council to Planning Report of 8-27-82, and to a transparency of the East Side Beverage site depicting the proposed pump island for three underground 10,000 gallon fuel tanks, one of which is existing (regular gasoline). Miller explained that the applicant is requesting approval of a Special Use Permit to permit the existing tank and two additional fuel tanks (unleaded gas and diesel fuel). extending existing pump island as shown on the site plan. Miller noted that the State Fire Marshal's office has reviewed the proposal and has determined that the separation from the building, and other fire proofing measures, are in accordance with the State Fire Code. Miller noted that the State Fire Marshal depends on the local fire authority to inspect the tank and installation; reported that the Planning Commission recommends Council approval of a Special Use Permit for the tanks as proposed, with three contin- gencies: a) appropriate inspection and approval of the tank installation by the Fire Chief, and submission of this verification to the Building Inspector, prior to fill- ing of the tanks. b) an inventory of fuel be constantly monitored by East Side Beverage to detect any fuel leakage, and to notify the City of any discrepancy; inventory records to be accessible to City upon request. c) four protection posts be provided for each pump. Carole Basil (East Side Beverage) explained that the proposed tanks have been treated (are the best on the market) and are guar- anteed for 30 years against corrosion; noted that a gauge will meter the fuel on a daily basis (also use a "dip stick" to mea- sure the fuel in the tank~ advised that 12 posts are indicated on the original plans. Minutes of Regular Council Meeting Sept. 13, 1982 Page Two ", r After discussion, Johnson moved, seconded by McAllister, that Council approve the Special Use Permit for the Underground Fuel Tanks (Case No. 82-20 East Side Beverage Company, 1260 Grey Fox Road), subject to the contingencies recommended by the Planning Commission. Motion carried unanimously (4-0). Case No. 81-35, Sideyard Variance for Patio - Thomas Lynch, 3220 N. Hamline Miller referred Council to a transparency of the Lynch lot and that of his neighbor to the north, indicating the existing Lynch patio at about 4" from the common side lot line. Miller explain- ed that the Council determined that since patios are not specif- ically defined in the Zoning Ordinance, they should be considered . as "accessory structures", requiring a 10' setback. Miller noted that in nis report of 9-29-81, several ~nterpretations of "patio" were noted, for Council's consideration,~q(rtng the "outdoor eating facility" requiring a 2' setback inoted that the ordinance specifically states they may be located in rear yards). Miller reported that the Planning Commission recommends Council approval of the 9' 8" sideyard setback variance for the existing patio (accessory structure) based on the following: 1; Applicant constructed the patio in good faith, and a Building Permit was issued for the house and patio as constructed. 2. The lot configura-tion has "peculiar" angles. 3. Applicant has cooperation of his neighbor who has agreed to construct a 6' high fence on his property to screen the patio, and is not going to voice an objection to the variance. Lynch said he feels the ordinance should be clarified, defining patio, sidewalk, driveway, deck etc. Considered his patio as being similar to a driveway, for which a setback is not required. Danielson said he was not consulted relative to the Lynch lot split; feels Village should have notified him of this split and the variances involved, relative to impact on his property. Danielson said he originally proposed an 8' fence, tapering to 3' or 4' at the lake; now proposes a 6' high fence to screen the patio (fence length, not determined). McAllister moved, seconded by Johnson, that Council approve the variance for the 9' 8" sideyard setback variance for the existing patio because of an apparent administrative oversight in not identifying the need for a sideyard setback variance at the time the Building Permit was issued, and because of the lack of a def- inition of "patio" in the Zoning ordinance. Motion carried unan- imous ly (4-0). Case No. 82-15, Lot Split and Consolidation-Heinrich Loos Council was referred to a transparency of the proposed split of approximately 10' from Lot 16 to be consolidated with Lot 17, pro- viding ala' sideyard setback for the existing house on Lot 17. . Miller explained that the resultant tWO lots will meet all area and dimensional requirements, and will bring the existing sub- standard sideyard setback of the existing house into compliance. Miller noted that the existing garage on Lot 16 will have an approximate 6 foot sideyard setback, 4 feet below the ordinance requirement for an accessory structure. Miller reported that the Planning Commission recommends Council approval subject to a registered survey as to the exact split at la' setback for the existing house; noted that garage could be at 4' - 6' setback when survey is submitted. After discussion, Johnson moved, seconded by McAllister, that Council approve the lot split and consolidation of Lots 16 and 17, Block 3, Shady Oaks Addition, as proposed (Case 82-15 amended pro- posal teceived 8-30-82), recognizing a probable setback variance for the existing garage on Lot 17 when reduced to a width of 95'. Motion carried unanimously (4-0). -2- - Minutes of Regulsr Council Meeting Sept. 13, 1982 Page Three Case No. 82-12, Minor Subdivision, Lots 1 and 2 Block 3, Arden Hills No. 2 - John Sullivan Council was referred to letter from Engineer Christoffersen (9- 10-82) and to transparencies of proposed grading plan alternates, with access to Forest Lane and access to Skiles Lane, . Miller noted that about 11 acres drain to the low area of the prop- erty to an existing 18" culvert that carries the drainage under Skiles Lane and controls the ponded water elevation; noted that if this culvert were replaced by a 24" culvert, it appears that the acre feet of storage needed for ponding could be reduced, without seriously affecting downstream properties. Miller noted that the Engineer recommends that a portion of the area be reserved for drainage, indicated as "drainage easement" on drawing (attached to letter of 9-10-82), if a lot split is approved; noted that if the culvert is to be replaced by a 24" culvert, Christoffersen recommends that drainage easements be re- served for flowage ways through the property. Miller noted that some land modification will be necessary in order to build on the proposed lot; straightening the line between the two lots would be advantageous; noted that a variance would probably be needed to accommodate a building site; suggested that it appears the only reasonable way to build would require encroach- ment upon the Snelling Ave. setback (setback line is about 140' from centerline of Snelling Ave.). Sullivan said he has already paid quite a bit to resolve the sit- uation; does not feel he should be required to share in cost of the culvert replacement; has been tolerating the situation for 20 years; feels the drainage should have been carried down Snelling Ave., not across his property. It was noted that the lots, as platted, apparently have sufficient building sites; the fact that the existing house encroaches on both lots is the reason the applicants are proposing to re-sub- divide the property to create another lot for development. In discussion, it was noted that it appears there are ways of modifying the contours and culverts to provide adequate water storage; cost of these modifications was a concern. It was sug- gested that the lot split be deferred until a definite proposal for development of the land is submitted; loss of existing veg- etation was also a concern. Sullivan explained that he would like to create a future building site, can't read the future and has no plans for development of the property; noted that access to the proposed lot from Skiles Lane is not his choice, prefers access from Snelling or Forest Lane. Miller noted that topography indicates the best access is from Snelling; another variance, however, for access from the "collective" street rather than the "local"street would be needed. . In discussion, the following concerns were expressed by Council: 1. It appears earth can be displaced to create a building pad on the proposed lot, but this would totally change the lot. 2. A larger culvert would reduce the amount of water reten- tion on the lot; site always has been low; streets benefit the property, but also cause more run-off. 3. As subdivided, there is no drainage problem for build- ing sitea on the Iota; hesitant to approve a re-subdivision which creates a lot with definite "hard- ships". 4. If culvert is replaced by a 24" culvert, the drainage is not a problem; as it exists there is a problem in a 100 year storm, a problem against which properties should be protected. -3- Minutes of Regular Council Meeting Sept. 13, 1982 Page Four Johnson moved, seconded by~llister, that Council table the matter pending additional input from the city engineer relative to modification of the culvert and contours, as well as disturbance of existing plant growth, for Council's consideration. Motion carried unanimously (4-0). (Miller was requested to relay Council's concerns to Christoffer- sen relative to the options and costs of modifications.) Civil Defense Siren Miller reported that the siren should be operational by Sept. 21st; explained that the Northwestern Bell connection has not been completed to date. It was suggested that the residents be given about a ten day notice of the "test date", which Miller anticipated to be before October 1st. Business From the Floor Tim Tuggle, 4126 James Circle, complimented Town Crier Editor Sue Schroeder on her first edition. Tuggle, in response to the Town Crier's request for resident opinions relative to the ex- perimental Motorola tower lights (strobes during the day; red lights<at night), said the red lights are preferable to the strobes. Tuggle, in response to th~ Town Crier's request for resident opinion of "black diamond" vs "salt/sand", reported he has re- paired three bicycle tires since the streets were swept, because of "black diamond" damage. Tuggle referred Council to reasons given by the City that the County retain the "Lindy's triangle" property; said he considered the fact that residents across the street never expected the high- way right-of-way property to be developed, "a doub Ie standard". Request to Amend Ordinance No. 224, Ordinance Regulating Coin Operated Amusement Devices and Amusement Arcades - Patrick F lahe rty Pst Flaherty said they've been in business 19 years; have always had several game devices, probably have more since our recent re- modeling, but have never had a problem that he's aware of. Flaherty said they always have at least one person on duty at the counter, and at least two persons on duty during busy times. Flaherty said they try to police their operation; after 9 p.m. no minors are allowed. Flaherty described their business as a "family entertainment center"; noted they hold a liquor license which is regulated by the State as well as the City; feels that concern relative to the game devices is an "evil perceived" which has not developed. Flaherty noted his concern relative to the requirements of Ord. 224: a) no liquor consumption on the premises of the amusement arcade b) no persons under 16 years of age permitted unless accompanied by parent or guardian. c) no smoking in the amusement arcade. d) hours of operation Flaherty suggested the Council refer to the St. Psul Ordinance which excludes bowling lanes from the amusement arcade regulations; suggested that if the principle business is an "amusement arcade", which apparently is Council's concern, the regulations may be appropriate, but beer and liquor establishments are already regu- lated by permitting only persons 19 years of age or older; bowl- ing centers do a good job of policing their own establishments (Flaherty's, Hafner's etc.). -4- .. . . . - Minutes of Regular Council Meeting Sept. 13, 1982 Page Five After discussion, Council referred the ordinance to the City Attorney for his input and re-examination of the ordinance; noted that it is not Council's intent to legislate any morals; do not want minors to be in a game arcade when they should be in school. (To be reconsidered at an October Council meeting). Ordinance No. 226, Cable Communications Ordinance - Final Reading Bill Bauer briefly reviewed the amendments incorporated in the final draft of the Cable Communications Ordinance. . Johnson moved, seconded by McAllister, that Council adopt Ordi- nance No. 226 AN ORDINANCE, INCLUDING ADDENDUM WITH EXHIBITS, GRANTING A FRANCHISE TO GROUP W CABLE OF THE NORTH SUBURBS, INC., A MINNESOTA CORPORATION; TO OPERATE AND MAINTAIN A CABLE COMMUNI- CATION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE PROVIDING FOR REGULATION, AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PRO- VISIONS. Motion carried unanimously (4-0). McNiesh reported that a Summary of the Ordinsnce will be submit- ted for publication; reported a request for reimbursement of $10,000 in costs were submitted to Group W. Donation - Bethel College snd Seminary Mayor Woodburn acknowledgm receipt of a $5,000 donation from Bethel College and Seminary, on behalf of the City Council, and expressed Council's grateful appreciation. Council concurred that the money should be utilized in some "special" way; deferred decision on its use to a future meeting. REPORT OF VILLAGE TREASURER DONALD LA~ (absent) McNiesh reported that $208,900.86 was deposited in Northwestern National Bank Savings Account, interest and principal from CD which matured at First National Bank St. Paul on 9-7-82. McAllister moved, seconded by Mulcahy, that Council approve the Treasurer's transaction as reported by McNiesh. Motion carried unanimouSly (4-0). Landscape Inspection Report - Cardiac Pacemakers, Inc. Council was referred to report of Landscape Inspector Ervin Oelke relative to his final landscape inspection at Cardiac Pacemakers. After review of the landscape plan of Phase III Bldg. Complex, and discussion, Council authorized release of the maintenance bond when the replacement plantings have been completed. . Special Event On-Sale Malt Liquor License and Fee - County Road E Celebrstion, Lion's Club After review of Application, Johnson moved, seconded by Mulcahy, that Council approve a Special Event On-Sale Malt Liquor License for the Lions Club permitting sales between 11:00 a.m. and 8:00 p.m. on October 9th at the County Rosd E Celebration. Motion carried unanimously (4-0). Council concurred that no fee be charged for the Special Event On-Sale Malt Liquor License. Approval of O.J.T. Public Works Employee Council was referred to Johansen's memo relative to employment of an OJT student. McAllister moved, seconded by Johnson, that Council authorize the employment of Steve Oen at $3.40/hour as per memo. Motion carried unanimously (4-0). Constitution Week Proclamation Constitution Week Proclamation was read aloud by Mayor Woodburn, proclaiming the week of Sept. 17 through 23, 1982 as Constitution Week in the City of Arden Hills. -5- Minutes of Regular Council Meeting Sept. 13, 1982 Page Six REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MC NIESH Approval of Additional Election Jud~~ Council was referred to list of additional Election Judges sub- mitted for Council approval. Mulcahy moved, seconded by McAllister, that Council approve the additional Election Judges as listed. Motion carried unanimously (4-0). Finance Committee Meeting of September 9th McNiesh reported that the Public Hearing on Revenue Sharing on September 9th was inadvertantly omitted from the Minutes of the Finance Committee meeting; will be forthcoming for attachment thereto. McNiesh referred Council to Analysis of 1981 Fund Balance levels; based on 1981 data, the required 1/1/82 General Fund Balance is $541,610. McNiesh reported that the Proposed 1983 Budget for the General Fund, and listing of proposed uses of Revenue Sharing monies, will be published this week in the New Brighton Bulletin. Application for Payment No.2 and Final - County Road E Concrete Bikeway/Sidewalk Council was referred to Christoffersen's letter of 9-13-82 recom- mending Council acceptance of the improvement and approval of the final payment. Johnson moved"", seconde d by McAllis ter , that Council app rove Improvement !l-l, Project C (County Road E Concrete Bikeway/Side- walk) and ap~rove Payment No.2 and Final in the amount of $3,305.75. Motion carried unanimously (4-0). COUNCIL LIAISON REPORTS Human Ri~hts Commission Mulcahy reported that the Arden Hills Human Rights Commission was awarded the State of Minnesota Certificate of Commendation in recognition of its commitment and efforts to further the public policy of Minnesota to secure freedom from discrimination for all persons in the State and in appreciation for participation in the "no fault grievance process. Human Ri~hts Resignation Mayor Woodburn accepted the resignation of Gladys Jones from the Human Rights Commission, with regrets, and extended Council's appreciation for her services to the City. Coin-operated Newspaper Boxes Matter was referred to Lynden for his input re "freedom of press" etc. Fire Board Meeting Johnson reported the following: 1. Two new grass rigs were put in operation on July 1st. 2. Dept. proposes to replace the 1963 Pumper in 1983 with a 1250 gallon/min. Pumper. 3. Dept. proposes to convert the 1963 Pumper to a Rescue Truck. Johnson reported that the Fire Dept. wants to know when Arden Hills will adopt the Uniform Fire Code. MSI Fire Lane Johnson asked about fire lane plan at the south of the MSI build- ing; plan to be referred to Johnson for review. -6- - . . . . . - Minutes of Regular Council Meeting Sept. 13, 1982 Page Seven Adjournment Johnson moved, at 11: 30 p. m. seconded by McAllister, that the meeting adjourn Motion carried unanimously (4-0). C2/~~r?LL Charlotte McNiesh Clerk Administrator tP ~~~~____ Robert L. Woodburn Mayor Notice of MeetinR The next Regular Council Meeting will be held on Monday, September 27th at 7:30 p.m. at the Village Hall. -7- CONSTITUTION WEEK PROCLAMATION WHEREAS, The Constitution of the United States of America 4It gives us the foundation for a free, prosperous and independent life for every citizen, but each gen- eration, in turn, must work for and claim it; otherwise, through carelessness or indifference, the rights and liberties we have enjoyed may vanish; and WHEREAS, The people of the United States should be deeply grateful to their Founding Fathers for the wisdom and foresight they displayed in writing and adopt- ing the Constitution; and WHEREAS, It is the privilege and duty of the American people to commemorate the one hundred ninety-fifth anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and ac ti vi ties; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation by the President of the United States of America, designating September 17 through 23 of each year as Constitution Week, . NOW, THEREFORE, I, Robert L. Woodburn, as the Mayor of the City of Arden Hills do hereby proclaim the week of September 17 through 23,1982, as CONSTITUTION WEEK in the City of Arden Hills. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 13th day of September, 1982. f(~~ Robert L. Woodburn