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HomeMy WebLinkAboutCC 12-10-1973 n~ ~ . .. MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hili 5 Monday, Decembe r 10, 1973 - 8:00 p.m. V III age Ha II Call to Order " The meeting was called to order by Acting Mayor John Hollenhorst at 8:00 p.m. Roll Ca II Present - Acting Mayor John Hol lenhorst, Councilmen Charles Crichton, Stan Olmen, Ron Herrick (8: 15 p.m.) Absent - Mayor Henry J. Crepeau, Jr. Also Present - Attorney James Lynden, Engineer Don Lund, Treasurer Richard O'Kelly, Parks Director John Buckley, FIre Chief Harold -. FI scher, Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm. Approval of Minutes The Minutes of the Regular Council Meeting of November 26, 1973, were approved as amended. Business from the Floor None. REPORT OF VILLAGE ATTORNEY JAMES S. LYNDEN LIquor License Applications for 1974 Attorney Lynden reviewed his letter of December 6, 1973, re certain corrections needed on the various app II cations for liquor II censes; recommending Councl I approval of the licenses, subject to compliance with the required changes In his I ette r. Mr. Lynden advised that. none of these requirements is such that the Council should withhold approval of the licenses; stating that all changes have now been made except those required for the Big Ten Supper Club. After discussion of specific changes to be made, Crichton moved, seconded by Olmen, that the Councl I approve the 1974 liquor II censes for: McGulre's--Ramada Arden HI tis BIg Ten Supper Club, Inc. Indoor Tennis, Inc. <The Arden Hili s Club) Flaherty's Arden Bowl G. D. M. , inc. (Undey's Prime Steak House) subject to compliance with remaining required changes as outlined I n Attorney Lynden's letter of December 6, 1973, namely correction of 81g Ten Supper Club bond and a II applications subject to approval of Pollee and Fire Departments. Motion carried unanimously. McDonald and Associates - Payment Request Attorney Lynden reviewed the status of this contract for work done on Floral Drive. After discussion, matter was tabled until next Council meeting. Letter to State Bureau of Mediation Services Attorney Lynden advIsed the Councl I that he has written to. the State Bureau of Mediation ServIces, as authorized at the last Council meetIng. -. Crichton asked If Attorney Lynden indicated that the Director sho..ld advise the Board that the Village stands ready to stipulate to those agreed upon Items, which may be excluded from the arbitration proceed-~ Ings. Attorney Lynden said Sec. 179.72 provides that Arden HlIls~ ~~stiPulate# to those items not subject to the controversy. Bussard Plat Herrick asked Attorney Lynden about status of consultations with tax consultant re Bussard Plat. At"torney Lynden advised of no recent conversations, Herrick said he wi II pursue the matter. -1- . . Minutes of Regular Councl I Meeting Decembe I" 10, 1973 Page two REPORT OF VILLAGE ENGINEER DONALD LUND Arden Manor Mobi Ie Home Park - Status Report Engineer Lund reported that Mr. Adams has agreed to hire Suburban EngIneering Company to make resident Inspections and to submit weekly reports to the VIllage; Banister Engineering will review the reports and advise the Counc I I of any problems which may develop. Don Lund reviewed his letter of December 12, 1973, in which he outlined the status of the Arden Manor utility construction to date, and stated that Mr. Adams has agreed to conduct some density tests on the trenches which were back-fl lied before the Inspection. . Mr. Lund said he felt this to be an agreeable arrangement and Clerk AdmInIstrator McNlesh was requested to send a copy of Engineer Lund's letter to Mr. Adams with a statement that the Village anticipates his compliance with the procedures outlined, Crichton asked about metering of the Arden Manor sewer at points where connected to the Village mains. Mr. Lund sa I d that Mr. Adams has been notified of this requirement. Because of the numerous connection points (approximately 10) , Mr. Lund sugge sted that it may be easier to meter the pumping station on High- way 96 and deduct flows from the Big Ten Supper Club and residences In the area; stating this ~ be less expensive. Lund agreed to have more concrete Information re the metering at the next Counc II meeting. Pemtom - Request for Vi Ilage Acceptance of Sanitary: Sewer and Water Mains, Projects 1-3 and Storm Drainage Pond Englnoer Lund explained that Pemtom Is requesting release of three of Its Performance Bonds, which he sa I d will be replaced with guaranty bonds for a one-year periOd. Lund explained that the Inspections of the utilIties have been completed; the bituminous spillway has not been constructed, and It may not be necessary to complete the flume, He said that a letter of explanation re non-compliance should be submitted. Mr. Lund said that Bond S-1297, I n the amount of $93,493.12 covers the f.ollowl ng Improvements; storm sewer, road surfacing, storm water pond construction and Snel ling Avenue culvert In phase I (pond, spillway and some roadway in-complete). HerrIck moved that tho Councl I release Bond 5-1296 and 201438 In fu II, grantIng final approval of I tems cove red by these bonds; Bond 5-1297 be ,u..duced to $30,000 to cover uncompleted Items. Seconded by Olmen. Motion carried unanimously. t~r. Lund was requested to I tem I ze those items which are acceptable and whIch ~re not acceptable In a letter to Perntom, to be forwarded to Attorney Lynden for his review re the Development Agreement before sending to Pemtom. Lambros Ditch - Status R~?ort . .... to his letter of December 10, 1973; . Engineer Lund referred the Counol I explaining that Mr. Lambros prefers the tlmb~r-Ilned ditch and he,. there- fore w I II proceed to prepare plans and specs for the timber ditch, I f authorized to do so. Mr. Lund said the County prefers to pay Its share from the 1973 budget; therefore requesting that Arden Hills take the bids and let the contracts, and collect from the other participating villages (Rosevllle and Shore- vi aw). Mr. Lund recommended that the Village take over the project. He 1"1" I ck moved, secondfJd by Crichton, that the Council approve entering Into a Joint-powers Agreement with Ramsey County re the Lambros Ditch p roposa I . Motion was seconded by Crichton and carried unanImously. Mr. Lund said that the County has offered to prepare the Joint-powers Agreement. Mr. Lynden agreed to work out detal Is for the Village, In- cluding Snorevlew and Rosevllla. -2- - . , Minutes of Regular Cc,uncll Meeting December 10, 1913 Page three Crichton moved, seconded by Herrick, that the CouncIl authorize Engineer Lund to prepare plans and specs for the ditch (Method I). Motion carried unanimously. Hollenhorst suggested that costs Incurred on this ditch in past years also be included In the totel costs to be collected. REPORT OF V I LLAGE TREASURER R I CHARD 0 I Ke II y Treasurer O'Kelly reported the following investments: $125,000 for 3 months at 9.2% (First National) 115,000 for 90 days at 9.2 . (FIrst National) 20,000 for 90 days at 1.29 S disc. (Rosevllle) ~ REPORT OF COUNCILMAN JOHN HOLLENHORST - Planning and Zoning, Human Rights Planner Proposals Clerk Administrator McNlesh advised ~t~n Planner Proposals have been received to date. Hollenhorst ~ ed the following sub- committee to review the proposals: J. Wingert, Chairman C. Crichton R. Woodburn L. McGough R. Ande rson Clerk Administrator McNlesh was requested to contact the sub-committee and set as early a date as possible for review of the proposals. December 4. 1914 Planning Commission Meeting: (Report by James Wingert) Case No. 13-39, I. C. Systems Wingert advised that no action was taken by the Planning Commission, pending review of amended plans. He explained that building, site and landscape plans were revised to provide two access drives to Harriet Avenue <extended) 'nstead of the direct access onto Lexington Avenue. It was noted that the name of the street, which had formerly been called Harriet Avenue (extended), Is referred to as "Benton Drive" on the ;;;;~~;a~~:~~';'I~~~'~ ~.. Case No. 13-28. Drevfus - Preliminary Plat Deferred to January 3, 1974 Planning Commission Meeting. Case No. 13-48, Amber Construction Compan~ - Nursery Hill Plat Planning Commission feels an over-all plan of area abutting proposed Nursery HII I Is needed and recommends Planner contact property owners re development of potential plan for area. Council deferred action on this recommendation pending Council's decision on the Planner Contract for 1914; planner, when authorized to proceed with this project, is to be directed to consult with Parks and Recreation Committee prior to making any contacts with property owners. : ~ Annual Review of Special Use Pel'mlts: Case No, 69-32, 3300 Lake Johanna Blvd. Case No. 68-13, 1668 Noble Road Council requested that Building Inspector Squires Inspect these proper- ties re compliance with Special Use Permits Issued, and report to Plan- ning Commission and Counei I. ~se No. 13-49. Bennett GoldberQ - Bar and Resta4rant Proposal WI ngert reported that Mr. TIetz, lesee of the Sk.lly station which Mr. Goldberg proposes to convert Into a bar and restaurant, has re- quested permission to construct a three-bay service station on the northwest corner of Red Fox Road and Lexington Avenue. Wingert explained that the Goldberg proposal, with mor0 detal led plans, will be presented to the Planning Commission again in January, before a Public Hearing Is scheduled; the request for another sarvlce station at this intersection was deferred untl I the status of the existing station Is known. -3- ~- . Minutes of Regul~r CouncIl Meeting December 10, 1973 Page four Council requested Attorney Lynden to ctarl fy liquor license prerogatives for the Counc I I prior to the Counci I meeting of December 27, 1973. Case No, 72-50, Comprehensive Plan WIngert ~eported that the Planning Commission estimates another two study meetings to complete Its review of the Preliminary Draft of the Comprehensive Plan, and recommends that Councl I retain the present Planning Commission membership u ntf I the plan can be Implemented. No Councl I action was taken; app~)ntments to 1974 Planning Commission are to be made by 1974 Council.' REPORT OF COUNCILMAN CHARLES CRICHTON - Finance, Ordinance Review . Vendln~ MaChine License - Waiver of Fee Requests Councilman Crichton presented four requests for waiver of license fee for vending machines, explainIng that three of the requests (I n- volvlng a total of 4 machlnesl are non-p rof It, dispensing to personnel only: Valentine Hi I Is Elementary School (teachers' 10ungel_1 machine Lake Johanna Elenentary School (teachers' Iou nge ) -I machine Presbyterl an Homes (residents and personnel onl y) -2 mach I nes and movl)d these fees be waived. Motion was seconded by Herrick and carried unanImously. Crlchton described the fourth request, Involving 2 machines located at Minnesota State Agency for Surplus Property, ope rated by Services fOT the Blind, and moved approval of waiver of license fees, seconded by Olmen. In discussion It was noted that these machines are a business venture, In competition with others. Motion did not carry (Crichton, Hollen- horst, Olmen, and Herrick voting In opposition to the motlonl. ~FJ re Sub-committe Meetln~, December: 6. 1973 Crichton reported that the Lake Johanna Volunteer Fire Department has requested Arden Hills, Shorevlew and North Oaks to approve 'he purchase ofa 100' aer la I I adder truck from American Fire Apparatus Company at a bid of approximately $134,000; bId of fer good unt II December 16, 1973. Crichton reported that one bid was received. He said Mr, Buresch, ~con- sultant, had Indicated that a 100' ladder truck is desirable and had estimated Its cost at $75,000. Cr I chton sal d the sub-commltteo Indicated Its desire to participate I n the purchase of a truck, but fe j t I f the Vi Ilages participate they should be In actual ownersh i p . Crichton described ladder truck purchases I n severa I communities (Golden Va Iley, Edina, Stillwater etc.) all costing under $100,000. He suggested that perhaps the specifications were too unusual for other companies to bid. Fire Chief Fischer stilted that he, and three others on his committee, traveled to several communities, and they do not feel that the trucks . purchased by Edina, Golden Valley, etc. aloe sat I s factory for our depart- ment. He said the specifications were written for the communities the truck will be serving. After considerable discussion, Crichton moved, seconded by Olmen, that the Ccunc II approve of the concept of need for 'I 100 foot aerial ladder truck for the Lake Johanna Fire Department SUbject to at least three bids being received on general area-wide specifications for a 100 foot aerial ladder truck and designating someone as Arden Hills' management rep r'esentat I ve for design speel,' I cations Input. Motion carried (Crichton, Olmen voting In favor of the motion; Hollenhorst voting In opposition; Herrick abstaining). Fischer said he understands the motion to mean a denial of the purchase of this ladder truck, and he desires the record to show, If this Is true, that the Lake Johanna Volunteer Fire Department will not be responsible for Injuries to Arden HII Is people. -4- " 1 , ! . Minutes of Regular Ccuncil Meeting Decembe r 10, 1913 I Page f I va Schutta Nurserv - ReQuest for license Delay or Refund Crichton presented a request from ~lr. Schutte:, Schutta Nursery, to delay licensing of his sign and business II eense (without penalty), until It Is known If hi s nursery will be operated I n 1974(pendlng outcome of Nur- se ry H I I I Plat proposal), or Coune II approval of license refund, I f busl ness ! s not operated. - . Herrl ck moved, seconded by Crichton, that request to refund or delay payment of license fee be denied. Motion carried unanimously. REPORT OF COUNCilMAN STAN OlMEN - Public Works No report . REPORT OF COUNCilMAN RON HERRICK - Parks and Recreation Payment Approval - Margaret Bailey Herrlok moved, seconded by Crichton, that the Council approve payment of $48.00 to Margaret Bailey for services rendered as volleyball Instruc- tor. Motion carried unanimously. Rink Attendants HerriCk reported that rinks are expected to be ready before Christmas vacation, and selection of warming house attendants wi II be made prior to opening rinks; applications are currently being accepted for warming house attendants; applicants must be 16 years or older. Oak WI It/Dutch Elm Ordinance Herrick reported that Dr. French Is currently preparing a model ordi- nance, to be ready In spring of 1974. Parks Director Buck1ey advised that Dr. French will survey the Village In early 1974, checking on diseased trees marked I n fall of 1913 survey. He said he anticipates no problem re Dutch Elm control because of delay In preparation of Dutch Elm ordinance until spring of 1974. Crichton asked If consideration has been given to the Village "medically treating" the diseased trees. He said his main concern Is that the trees are treated properly. Hollenhorst said he feels this Is the home owner's responslNlityand, I f Village takes on the treatment of the diseased trees, costs should be bll led to the property owners. Parks and Recreation Meetlnq of December II. 1973 Buckley reported a change In meeting place for the Parks and Recreation meeting on December II, 1973. This meeting will be held at the home of Ph I I I ppa Ll ndqu i st, I II I Ingerson Road. REPORT OF MAYOR HENRY J. CREPEAU, JR. - General Government, Public Safety (Absent) Public Safetv Committee Meeting of December 3. 1973 Street llqhtlng Crichton reported that the Public Safety Committee will prepare guide- lines over the next faw months, re their recommendations for street . light requests. DOQS The Public Safety Committee strongly recommends to the Counci I that dogs be requ I red to have rabies shots before licensing each year. Matter referred to Public Health Officer for recommendations to the Council. Patrolmen SiIIlary Schedule The Public Safety Committee recommends Council approval of the revised Patrolmen Salary Schedu I e (attached) . Counc II action was deferred to next Counc II meeting. Pollee Chief Crichton reported that the Public Safety CommIttee recommends that the title of Acting Police Chief Sexton be changed to Police Chief Sexton, as of January I , 1974. -5- -.--- - . MInutes of Regular Councl I MeetIng December 10, 1973 Page six Council action was deferred to next CouncIl meeting. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Help Put a Burglar Out of Business C. McNlesh reported that the Police Department has requested to Include a pamphlet, "Help Put a Burgiar Out of Business" with the January ut I II ty b I I Is. Herrick moved, seconded by Olmen, that Council approves the enclosure requested. Motion carried unanimously. Claims . Herrick moved, seconded by Olmen, that the Claims be approved as amended. Clerk was requested to furnish Council additional Information re rep~lrs to unmarked car (Check No.s 5887, 5891, 5907) and in the future submit reports to Councl Ion accidents Involving Village-owned or leased vehicles. Land Use Request - Ro~er Rei Ilnq Roger Reiling, 3151 Johanna Boulevard, requested Council direction re the possible temporary use of his service station for trailer rental and possibly bicycle repair shop. The Counci I suggested that Mr. Rei ling make the Planning Commission aware of his proposed use of the station; advising that the Commission Is currently working on a proposed amended Comprehensive Plan, and request that consideration be given to rezoning this station to fit the pro- posed use of the property; It Is operated on a non-conforming use basis at present. Aerial Survev Engineer Lund was requested to give a status report of the aerial survey maps for the December 27th Councl I meeting. Building Officials Seminar Herrick moved, seconded by Crichton, that the Council authorize the attendance of Building Inspector L. Squires at the Building Officials Seminar for three days; costs to Include $40.00 registration and $50~OO per day in lieu of wages and transportation. Motion carried unani- mously. Adlournment Meeting adjourned at 10:50 p.m. Cl/~ ~~ Charlotte McNlesh Clerk Administrator . Next Council Meatln~ The next Regular Council Meeting wIll be held on Thursday, December 27, 1973 at 8:00 p.m. at the Village Hall~ -6-