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HomeMy WebLinkAboutCC 09-10-1973 ~~ . Minutes of Renular Council ~eetino Village of Arden Hills . Monday, September 10, 1973, 8:00 p.m. VIII age Ha II Ca II to Order The meeting was called to order by Mayor Crepeau at 8:00 p.m. Roll Call Present: Mayor Henry J. Crepeau, Jr., Cou~cilmen John Hollenhorst, Charles Crichton, Ron Herrick and Stan Olmen. -- Absent: None Also Present: Attorney James Lynden, Engineer Don Lund (8:30 p.m.>, Park Director John Buckley (9:00 p.m.>, Clerk Admini- strator Charlotte ~cNlesh and Deputy Clerk Dorothy Zehm. Approval of ~Inutes The minutes of the regular Council meeting of August 27, 1973, were approved as amended. Business from the Floor None. REPORT OF VILLAGE ATTORNEY JAMES S. LYNDEN Case No. 73-28. Ordinance Rezonl~ll-1~22 Ac~ir2m R-I to R-B Attorney Lynden explained that the ordinance is an Implementation of action taken by the Council at the last meetlno to rezone 2.62 acres from R-I to R-B, and suggested that, unless there Is some controversy, the rules be suspended and the ordinance adopted. Crichton moved that the Council waive the rules In order to adopt AN ORDINANCE AMENnIN~ OROINANCE NO. 99, THE ZONIN~ ORDINANCE, RY REZONING CERTAIN PROPERTY SITUATED WEST OF lEXIN~TON AVENUE NORTH, NORTH OF THE RESIDENCES ON TILLER LANE AND SOUTH OF COUNTY ROAD E. The motion was seconded by Herrick and carried unanimOUSly. Attorney Lynden read the Ordinance In Its entirety. Crichton moved, seconded by Olmen, that the Council approve the passage of the Ordi- nance as read; motlon'carrled unanimOUSly. Case No. 72-48, Amendment of O.!:ti~!!ELNo. 99, the ~n I no Ord I nance Herrick moved, seconded by Hollenhorst, that AN ORDINANCE A~ENDIN~ ORDINANCE NO. 99, THE ZONIN~ ORDINANCE BY CHANr-ING THE PROVISIONS RE SPECIAL USE PERMITS, ADDING A PROVISION PRESCRIBIN~ PERFOR~ANCE STANDARDS FOR DRIVE-IN BUSINESSES AND AUTO~08ILE SERVICE STATIONS AND AMENDIN~ THE PROVISION RE ENFORCIN~ OFFICER AND PENALTY; AND REPEALING ORDINANCES NO. 152, 130, AND SECTIONS I (c) AND (d) OF ~ ORDINANCE NO. 138, be Introduced by title. ~otlon carried unanimously. CrIchton posed the following questions for Council consideration: I. Automatic expiration (P. 4) - Is It the Intent that If a "start" Is made, that Is all that Is necessary to prevent explratlon of the special use permit? 2. Electronic devices (P. 7) - Should this read electronic "amplificatIon" devices? 3. Action by the Counci I (P. 12) - A majority of the "full" Council shall be required to grant a special use permit, or a majority of the "Quorum" present at the meeting? (Attorney Lynden will research this point for the Council.) Counci I Minutes -2- Sept. 10, 1973 Case No. 73-3, C. G. Rein Perform~nf!~E~ Atty. Lynden reported that the bond has not been received to date. Mr. Cecil Tammen advised that the bond will be delivered to the Vil- lage office on Thursday of this week. Atty. lynden asked ~r. Tamm3n to deliver a copy of the bond to his office as well. . Case No. 73-28, Special Use Permit - Dreyfus Interstate Developement Company lynden reviewed his draft of the Special Use Permit for Case No. 73-28. In discussion, some wording changes were suggested: I. Add "Initially" renting for ...... (Par. 2). 2. Questioned the likening of housing types to types so Ide I sewhe re. 3. Costs given were considered to be arbitrary costs - perhaps should retain base figures for each type of housing, leaving "open end" at the top. It was determined that the Council members review the Special Use Permit and advise Atty. lynden of amendments. Case No.13-16, D. H. Gustafson - Letter of September 7, 1973 Atty.Lynden read a letter from D. H. Gustafson, dated September 7, 1973, advising the Council that they have terminated their contract with Par- tridge Construction Company and that they have no Interest In pursuing their application. (A copy of the letter to be given to ~r. Partridge.) REPORT OF VilLAGE ENGINEER DONALD LUND Dunkley Surfaclno - Final Payment, Water Improvement No. 72-1 After review of the application for final payment from Dunkley Surfac- Ing, and upon recommendation by Engineer Lund, Olmen moved, seconded by Crichton, that the Council approve the final payment In the amount of $9,626.72. Motion carried unanimously. Street Improvement No. 72-3 Gale Circle Eng1neer Lund reported that he met with residents In the Street Improve- ment 72-3 area regarding complaints which were voiced at the assessment hearing on September 6, reporting that he feels these problems can be resolved rather easily. Engineer Lund said the matter wi II be pursued until the property owners are satisfied; advising there will be additional costs for survey crew, time. etc. . James Circle. In discussion of the James Johnson matter, Merrick referred to ~rs. ~cNlesh's memo regardln~ credit to Johnson for wurk he contracted for on James Circle. He said the $2,003 contracted by Mr. Johnson was for storm sewer and grading, which was done after the sewer ln~tallatlon; the Village asked him to "hold off" on this pend- Ing the water Improvement, which he did. Herrick said Johnson, as the developer, was obligated to build the road, and he feels the Vil- lage may have saved him money In Interest and in constructions costs by building the road at the same time Gale and Norma Circles were constructed. Crichton expressed concern In addlnq costs after the assessment roll was adopted; feels the costs should' have been Included In the original assessment. -2- Council Minutes -3- Sept. 10,1973 Lund said he brought this matter to the Council's attention a month prior to the assessment hearing. Crepeau stated he wanted to be sure Mr. Johnson would be compensated If the Village has a moral or financial obligation. REPORT OF VILLAGE TREASURER RICHARD O'KELLY Investments Treasurer O'Kelly reported a $175,000 Investment fo 90 days at 10.50~. . Cash Ba lances Treasurer O'Kelly reported low cash balances as of this date, but reported that sufficient revenue Is expected within a few days to cover $.p~ember expenditures. O'Kelly advised that he discussed anticipated Interest rates for 1974 with several bankers and, on their recommendations, has suggested that the Finance Subcommittee base the 1974 budget on a probable 8% Interest rate. REPORT OF COUNCIL~AN JOHN HOLLENHORST - Planning and Zoning, Human Rights Case No. 73-3. C. G. Rein - BulldlnQ Permit for Shoppina Center Hollenhorst referred the Council to the Planning Commission minutes of September 4, 1973. Hollenhorst moved, seconded by Herrlek, that the Council eoncur with the Planning Commission's recommendations to approve the Issuanee of the building permit for the shopping center In accordance with plans and written documentation submitted with Case No. 73-3, subject to Atty. Lynden's approval of the performanee bond. Motion carried unan- Imously. Case No. 73-40. ~ounds View School Dlstrie1-621 - Building Permit Hollenhorst reported that the Planning Commission recommends denial of the building permit; requiring that a complete set of building plans be submitted. . A letter and attached bulldlno design sketch, dated September 6, 1973, delivered to the Village office on September 10th, was reviewed. Mr. Chatfield explained that It was not the Intention of the School District to elrcumvent the proper procedures, but they had proeeeded with the construction of the building on a verbal approval received from the building Inspector, who later called and requested that an application for building permit be completed. After dlscusslo~ of the proposed use of the tN>story building as a storage building, concession and announcing stand, the Counel-I re- quested that building plans be submitted to the Planning Commission, and that the building not be occupied until plans are approved. (Building Inspector Soulres to be requested to "red tag" the building and to not issue a building permit until the Council Is assured the building Is safe for oecupancy.) REPORT OF COUNCILMAN CHARLES CRICHTON - Finance, Ordinance Review Permit for Soliciting Crichton reported that an application for permit has been received from Unification Church In Minneapolis to sell cut flowers or candles (or possibly ask for eash donations) aoot.to door In Arden Hills, requesting waiver of the $15.00 permit fee. -3- . Council Minutes -4- Sept. 10, 1973 The Council lill'lln'~"~" +~- ,,~""""'. hilt did not feel, on the basis of Information available, that there was Justification for waiving the permit fee of $15.00. Mrs. McNiesh was requested to Inform the applicant of the Council's action. . Outstandlnq Delinquent Utility Accounts - Letter from Property Owner Crichton reviewed a request from a new resident to collect, by civil action, delinquent utility accounts for the property he recently pur- cb~sod rather than to certify the amount to the County for collection with taxes, which he would have to pay. The amount Involved Is $28.77. Mr. Apull, 1833 Lake Lane, explained that he has paid the portion of the last quarter billing for which he was liable, but he does not consider It to be fair that he also pay for the preceding Quarter, plus the penalty, plus the portion of this last quarter whfch the former owner should have paid. The Council determined that It has never deviated from the procedure of certification of utility bills to the County; conslderlnp this method to be In the best Interest of the Village. After discussion, the matter was referred to Crichton to research the alternatives the Council has; the Council determined that the penalty should be waived If a way to do so Is found. LeaQue Membership - 1973 Crichton moved, seconded by Herrick, that the Council approve member- ship In the League of Minnesota Municipalities and the Ramsey County League of Municipalities In 1973. Motion carried unanImously. Due to the high cost of dues, Council decided not to Join the Metro- politan League or Suburban league this year. Union Contract Crichton reported that a meeting was held with the representatives of the Union and two union members; the new Union proposals were not ready. They have requested another meeting, causing further delay; proposals were to be received by tonight's meeting, but have not been received. Mr. Crichton reported that consequently no headway has been made. REPORT OF COUNCILMAN STAN OLMEN - Public Works Arden Manor Sewer Lines . Olmen reviewed a report prepared by Maintenance Supervisor Bud Johansen regarding Arden Manor sewer lines, requestln~ that the Village Engineer check the lines before allowing Arden Manor to tap the Village mains to assure the Vlllape against surface Infiltration. Hollenhorst commended Mr. Johansen for alerting the Councl I to the problem and asked how the Village Is normally protected against this Infiltration. Lund advised that line tests are required routinely to give this protection to the Vllla~e. (A copy of Mr. Johansen's report was given to Mr. Lund.> REPORT OF COUNCILMAN RONALD HERRICK - Parks and Recreation Proposed Recreatio~ Programmlnq - John Buckley Herrick referred the Council to the proposed potential programming memo from Mr. Buckley and said input from the Council would be appreciated. No report. REPORT OF MAYOR HENRY J. CREPEAU, JR. - General Government Public Safety -4- . .. Councl I Minutes -5- September 10, 1973 REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH . Resolution Apportioning Assessments - Sewer Improvement No. 12-13 Herrick moved, seconded by Hollenhorst, that Resolution No. 73-31, RESOLUTI ON RELATI NG TO APPORT! ONMENT OF ^SSESSI~ENTS RELAT I NG TO CONSOLIDATED SANITARY SEWER IMPROVEMENTS NOS. 12 AND 13, be adopted. Motion carried unanimous IV. Proposed CertificatIon of Accounts h!.:t.!~ After review of the proposed letter to residents regarding certifi- cation of delinquent accounts. the letter was approved subject to rewording and clarification of the last two paragraphs regarding penalty dates. Qfflce Emplovee Appointment HerriCk moved, seconded by Crichton, that the Council approve the appointment of Mrs. Betty Sorenson, 1722 Gramsle Road, as an office employee at $2.70/hr, effective October 4, 1973. Motion cerrled unanimously. (Clerk Administrator was authorized to retain Mrs. Honan on the payroll for an additional 7-10 days, It deemed necessary.) Claims Atter review of the claims, Herrick moved, seconded by Crichton, that the claims be paId as amended; motion carried unanimously. Adlournment The meetIng adjourned at 9:30 p.m. (UvddL~ Charlotte McNiesh Clerk Administrator NOTltE OF NEXT COUNCIL MEETING The next regular scheduled Council meeting will be held on Monday, September 24,1973, at the Arden Hills Village Hall, at 8:00 p.m. .