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HomeMy WebLinkAboutCC 08-13-1973 .. 'Y>'l'~ .. " or, MINUTES OF REGULAR COUNCIL MEETING VIllage of Arden Hills Monday, August 13, 1973 - 8:00 p.m. V I II age Ha I I Ca II to Order The meeting was called to order by Mayor Crepeau at 8:10 p.m. . Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen John Hollenhorst, Ronald Herrick. Absent - Councilmen Stan Olmen, Charles F. Crichton. Also Present - Village Attorney James Lynden, Village Engineer Donald Lund, Parks and Recreation Director John Buckley (8:45), Public Works Supervisor Bud Johansen (9:15>, Clerk Adminis- trator Charlotte McNlesh and Deputy Clerk Dorothy Zehm. Approval of Minutes The Minutes of the Regular Council Meeting of July 30, 1973, were approved as submitted. , BUSINESS FROM THE FLOOR Mrs'.-Ann Stur!leon, 3769 New Sri ghton Road Mrs. Sturgeon requested that the Council reconsider her request to blacktop the common driveway apron serving her property jointly with that of Mrs. Lind. She stated that they had a presentable driveway apron before the .ewer Improvement and d6 not have one now; other driveway aprons were blacktopped, but not this one; one neighbor's driveway apron was blacktopped which had not had blacktop before the Improvement. The Council agreed that the driveway should be replaced In as good condition as It was before the Improvement, Hollenhorst said that there appears to be some confusion as to the condition of this drive- way before the sewer Improvement. Herrick noted that the driveway was installed about 19 years ago. The Council reviewed Engineer Lund's letter of July 30, 1973, and after discussion later In the meeting ( See Councilman Olmen's report), the matter was tabled until the next Council meetIng. Councilman Herrick Is to examine the driveway and report his findings to the Council. REPORT OF VILLAGE ATTORNEY JAMES S. LYNDEN . Case No. 73-7, Mrs. Farkas - Lot Spilt Attorney Lynden reviewed his letter of August 9, 1973, in which he explained that no part of a tract depicted on a registered land survey may be dedicated to the public for public use; consequently, If the Council opts to allow the lot spilt by a surveyor registered land survey, Section 13 (D) of Ordinance 98 provides that the lot spilt Is exempt f rom a II requ Irements of Ol-d. 98. He fu rther exp I a I ned thet If the Council desires the lot spilt to be subject to some of the Ord. 98 requirements, a subdivision plat should be r~qulred. After discussion, Herrick moved, seconded by Hollenhorst, that the Council rescind Its June II, 1973 action which approved the R.L.S. and required the 30' declaration of roadway to be recorded. Motion carried unanimously. Herrick moved, seconded by Hollenhorst, that a subdivision plat be required. Motion car,l"ied unanimously. (R. Shetler's report re recommended items to be exempt is to be sent to the Council prior to the Special Planning Commission meeting of August 21, 1973.) Hollonhorst moved, seconded by Herrick, that an ordinance amending Section 13 (D), Ordinance No. 98, be introduced by title. Motion carried unanimously. (Attorney Lynden was reqeusted to prepare the ordinance amendment for meeting on August 27, 1973.) -1- " ~ . . MinuTes ot Council Meeting Page two August 13, 1973 food Vending Licensing Attorney Lyndsn reviewed his letter ot August 9, 1973 re food vending II cens I ng. After discussion, the Council determined that the Village continue to license candy, grocery. meat stores, wholeSale food stores. vending machines and Itinerant food vendors. It was further determined by the Council that the Village should re- quire licensing otthese privately owned businesses operating as the Treat Center Company; citations to be issued If vendor falls to eomply. SAC Lawsuit - Status Report Attorney Lynden reviewed his letter of August 9, 1973, with attached pages of the Amended Complaint, which indicated how the various munici- palities have aligned themselves - Arden Hills Joined the lawsuit as an I nter-venor defendant. He adv I sed that no response i"o the amended com- plaint is necessary. Case No. A.ttorney attorney I . 2. 73-16. O. H. Gustafson - S2ecialUse Permit Lynden reviewed several points raJsed by Mr. John Healy, for Mr. Partridge: applicability of Ordinance No. 171 to Stonegate. whether the development is subJect not only to the town- house provisions of Ord. 99, but also to provisions con- cerning PUDs and density zoning. whether or not the townhouses could be filed under the Minnesota Condominium Act. 3. Mr. Lynden stated that he feels Ord. No. 171 is applicable and the ,crux ot the entire controversy, as he sees it, appears to be whether the development complies with the density zoning requirements of Ord. No. 99. It was Mr. Lynden's opinion that, because the development comprises both townhouses and single family lots, the density zoning of 14,000 sq. ft./unlt applies. In calculating the density of the proposal, Mr. Lynden deducted from the total project acreage eight (8) acres tor dedicated park land and 9.20 acres for street rlght-ot-way. The remaining 90.66 acres was mul~lplled by the applicable density of 3.11 tor R-I zoning, perml~ting 282 units. If 9 townhouses are removed (re the open space letter of August 9)~ there would be 286 townhouses and 27 single family lots In tho Stonegate proposal. In review of pol~ts raised by the Council at the July 30 Council meet- ing, .Attorney Lynde" stated that he agrees that collector streets, streets of medium to high use, should be dedicated. He said Mr. Gustafson has responded to the 150 foot maximum building length ques- tion in his letter of August &0, 1973. Mayor Crepeau asked If a unanimous vote is required with only three councilmen present. Lynden said that, in his opinion, a majority of the quorum would con- stitute Council action. Herrick raised two questions from the Council meeting of July 30. 1973: I. Deletion of recreation building from the proposal. 2. Trail area proposed for dedication. Mr. Herrick reported that, in review of the Parks and Recreation Committee Minutes, and consultation with committee members, the Parks committee did not intend that the recreation building be deleted from the development. Mr. Herrick reviewed the routing of the proposed trail to be dedicated, asking if, commencing at the northwest corner of the site, the trail Is proposed to extend along County Road E2 to Valentine Hills School, then east from the school to the proposed dedicated park ot 3.4 acres in the northeast corner of the site I the ontir. north boundary of the site). Mr. Gustafson said he had not understood this, but would agree to this rlArlf,...:=.+J........ ~:4. ~ - Minutes of Regular Councl I Meeting Page three August 13, 1973 . Herrick Introduced Mr. Ken Simon and Mr. Larry Holmberg, Ramsey County Open Space, and stated that he agrees with the modification of the open space boundaries as outlined In the letter from Mr. Edmonds to Mr. Dan Gustafson, dated August 8, 1973. Mr. Gustafson said they have no disagreement with the recommendations made by Ramsey County Open Space. Mr. Simon reported that t~e second Independent appraisal has been received and that he will have e report for the Council at the August 27 meeting re the status of land acquisition of the Schmidt Park properties. Herrick stated that, In view of the apparent three variances remaining, and because of the absence of two Councilmen at this meeting, he moves the Council table It's action until August 27, 1973. The motion was seconded by Hollenhorst and carried unanimously. Mr. Gustafson was requested to consider the possible elimination of need for the fa II ow I ng var I aRces: I. excess of units. 2. dedication of all streets with medium to high use. 3. building lengths in excess of 150 feet. Mr. Herrick added that he doubted that the Parks and Recreation Committee ~ould approve the deletion of the recreation building from the develop- ment. Case No. 72-35. Pemtom~ Inc. - Preliminary and Flna~ Plat APsroval Hollenhorst reported that the Planning Commission recommends ouncll approval of preliminary plats of additions 4 and 5 and approval of the final plat of addition 4, Townhouse Vlllagss at Arden Hills, as pre- sented. Attorney lynden reported that the bonds submitted meet with the Village Engineer and Village Attorney's approval. Ho,l lenhorst moved, seconded by Herrick, that the Council approve pre- JJmlnary plats of additions 4 and 5, Townhouse Villages at Arden Hills. Motion carried unanimously. 1-,lolJenhorst moved, seconded by Herrick, that the Council approve the final Plat of Addition 4, Townhouse Villages at Arden Hills. authorizing Its execution by the Mayor and Clerk Administrator, subJect to the Village Attorney's approval of the Registered Property Abstract. Motion ~arrled unanimously. Hollenhorst moved, seconded by Herrick, that the Council approve, and authorize execution by the Mayor and Clerk Administrator, the Develop- ment Agreement and the Open Space Easements and Covenants. Motion carried unanimously. . Mr. Hill reported very good response to the development, stating, of the 56 lots available for sale In additions r, 2 ~nd l. 51 are sold; he already has 12 "holds" on lots in addition 4. In order to allow the project to proceed as quickly as possible, he requested Council to approve issuance of building permits for addition 4, before the plat is recorded. After discussion, in which It was agreed that this req~est would not be made again by Pemtom. Herrick moved, seconded by Hollenhorst, that the Council approve the Issuance of Building Permits for Addition 4, Town- house Villages at Arden Hills. Case No. 73-3. C. G. Rein - Bulldin~ and Site Work Permits Mr. Cecil Tammen presented a letter to the Council, dated August 13, 1973, which he said was Identical to the letter of August 3, 1973, to the Planning Commission. Hollenhorst reported that the Planning Commission, after review of Mr. Tammen's letter of August 3, and plans submitted, recommend Council approval of the building permit for the office building and site work, as requested. Hollenhorst moved that the Council approve the Building Permit for the office building and approve the site work permit, as requested in Mr. -3- ~ . Minutes of Regular Council Meeting August 13, 1973 Page four Tammen's letter of August 3, 1973. Herrick seconded the motion, and the motion carried unanimously. Herrick asked for clarification of the proposed storm drainage pond. Mr. Tammen said that the technical calculations have been made and approved by the Engineer for C. G. Rein, the Village Engineer and Rice Creek Watershed District, and he feals the pond, as proposed, will ade- quately do the job. Attorney Lynden reviewed recommended performance bond amounts from Engineer Lund (8/13/73) and Planner Shetler (8/10/73): . Fi II Excavating Landscaping $37,500.00 7,250.00 8,455.94 Hollenhorst moved, seconded by Herrick, that the Council' require thet performance bondS, In the amounts recommended by the Engineer and Planner~ be s~bmltted by C. G. Rein; site and landscapE work to be completed within one year. The motion carried unanlmou!;ly. Mr. Tammen was advised that If one performance bond Is submitted, cover- ing all three bond requirements, the bond should be Itemized. REPORT OF VILLAGE ENGINEER DONALD LUND A..essment Rolls - Water 1m rovement 72-1 Bnd Street 1m rovement 72-3 Engineer Lund distributed recap Sheets or Council considera Ion for assessment of Water Improvement 72-1 and Street Improvement 72-3.(attached) , After review of the improvement costs and assessment rates proposed to be charged, discussion of methods of determining assessments on certain; properties, some of whiCh were partially assessed under previous lm- ' provements. Herrick moved, seconded by Hollanhorst, that tha Council adopt Resolution No. 73-28, RESOLUTION PROVIDING FOR HEARING ON THE PRO~ POSED ASSESSMENT FOR STREET IMPROVEMENT NO. 72-3, and Resolution No. 73-27, .RESOLlfilONPRQV IDIIW f"!)R HI;.'lRING ON THE PROPO&EO ,p.,SSeSSMENT FOR ':iATER IMPROVEMENT NO. 72-1; data for Pubdlc Hearlngr,tc I:.t< S,ep'l'ember 6, 1973, &t 7:00 p.m. at the Village Hall. Motion carried unanImously. founty Road E Repairs Engineer Lund reported no response to date from contractors contacted by letter re the County Road E repairs. He said he will have quotes for Council consideration at the next Council meeting on August 27. ~erlaB Photos - Status Report Engineer Lund repor-red that ground work. has been completed; drawings with contours will be received In about one month. He said it certain areas are requested to be completed lietore;;Nlttr' a1""e&5, thu c~mpany I:Ii" accomodate the VII~age by preparing the desired areas first. Don Lund was asked to request the preparation of the Dreyfus and Stone- gate areas first. . REPORT OF VILLAGE TREASURER RICHARD O'KELLY (absent} REPORT OF COUNCilMAN JOHN HOLLENHORST - Planning and Zoning, Human Rights Case No. 73-36, John Drews - Curb cut varjel~ HolBenhorst referred the Council to the Planning Commission Minutes of August 7, 1973, recommending Council approval of the second curb cut, as requested. ' Herrick moved, seconded by Hollenhorst, tha? the Council concur with the Planning Commission's recommendation, and approve the second curb cut as requested. Motion carried unanimOUSly. Case No. 72-35, Pemtom Sea Attorney's Report -4- / . Minutes of Regular Council Meeting August 13, 1973 . fase No. 73-3, C. G. Rein See Attorney's Report Case No. 73-27, SI~n Ordinance Amendments Hollenhorst reported that the Planning COMmission recommends Council referral of the proposed sign ordinance amendments to the Ordinance ,Review CommIttee for recommendations to the Councilor draft of an amended sign ordinance. The Council concurred with the recommendation. Human Rights Commission Appointment Upon motion by Hollenhorst and second by Herrick, Mayor Crepeau appointed Mr. Russell Christianson to the Human Rights Commission. Motion carried unanimously. Herrick asked for clarification of the proposed L.C.A. funding, which Hollenhorst said he would discuss with the Human Rights Commission. REPORT OF COUNCILMAN CHARLES F. CRICHTON - Finance, Ordinance Review (absent) REPORT OF COUNCilMAN STAN OLMEN - Public Works (absent - report given by Bud Johansen) Watermaln Trench Settlement Johansen requested guidance from the Council re complaints received of boulevard and driveway sinkage. After conslderertlon of the Lemberg complaint and further considera- tion of the Sturgeon complaint, Herrick roquested that the Council table action on both matters until he can see the problem areas'and report his findings to tho Council. The Council agreed to table the matter untl I the Councl I Meeting of August 27. Water Meters Johansen estimated that about 1000 water meters will be needed in the next five years and suggested that bids be taken, not necessary that meters be Badger, as far as he is concerned. Johansen said he has about 30 5/8" meters on hand, and he will probably have to purchase some meters now to meet present nGeds, even If bids are taken. Johansen said that the Village would realize a cost advantage If It contracts to purchase a fixed number, at a fixed price, over a 3 to 5 year period - dalivery to be adjusted as meters are needed. (He would not want large quantities of meters delivered at one time to be stored.) .Herrlck felt that a better price would be given If there Is a guaranteed delivery date and quantity. Bo'llEmhorst suggested that joint purchasing wii'h St. Paul be considered. Joh~nsen ~aid he would ~heck this possibility. After discussion, Johansen was authorized to have specs drawn for advertfsement for ,bids, after checking joInt purchasing and firm order c:Os.ts. Johansen was ,-equested to buy separate I y for I ai-go deve lopments, such as Pamtom, asking that they give 90 days notice of mster needs. . Month Extens ion 'for Summer EmPloyee Johansen requested an extension of employment of one month for Bi II Karth, until October i, 1973. Hollenhorst moved, seconded by Herrick, that the Council approve the time extension, as requested. Motion carried unanimously. REPORT OF COUNCILMAN RON HERRICK - Parks and Recreation Oak Wilt Survey Herrick moved, seconded by Hollenhorst, that the Council authorize an Oak Wilt and Dutch Elm survey by Dr. French; survey to be made In August, 1973. Motion carried unanimously. Mr. Buckley requested that Dr. French be asked to particularly nota any trees which were marked In last year's survey for removal, and not removed. -5- ../--. .. Minutes of Regular Counci I Meeting Page six August 13, 1973 REPORT OF MAYOR HENRY J. CREPEAU, JR. - General Government, Public Safety Charles McCann Letter Mayor Crepeau read a lettsr of resignatIon from Mr. Charles MeGann as Chairman of the Public Works Committee. Clerk Administrator was requested to write to Mr. McCann, advising him that the Council accepts his resignation as Chairman, and requests that he continue as a member of the Public Works Committee. . Audit of 1972 Accounts and Proposed 1974 BUdget The Council referred the Audit of 1972 Accounts, John Matlila's letter of July 16, 1973, and the proposed 1974 Budget to the Finance Committee for Its recommendations to the Council. Sewer Hookup Extension After review of Owen L. Rasmussen's letter to the Council, dated August 10. 1973. Hollenhorst moved, seconded by Herrick, that the Council approve the sewer hookup extension, as requested, for the Rosa Mae Tamsen property at 2026 Thom Drive. Motion carried unani- mously. Pu~lic Safety Committee Memo of August 10, 1973 Tabled for full Council consideration. Clerk Administrator Salary HerrIck moved. seconded by Hollenhorst, i"hat Clerk Administrator Charlotte McNlesh's salary be approved by the Councl I at $I,OOO/month, effective July I, 1973. Motion carried unanimously. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Rubbish Hauler License Applications Tabled pending recommendations from Public Health Officer. Card and Gift Shop and Cigarette Licenses Hollenhorst moved, seconded by Herrick, that the CouncIl approve Card and Gift Shop and Cigarette licenses for Hort Enterprises, 4233 No. Lexington Avenue. Motion carried unanimously. Resolutions Accepting Assessment Rolls for Water Impr..72-1 and Street Impr. 72-3 and Scheduling Public Hearing. See Report of Village Engineer Claims Hollanhorst moved, seconded by Herrick, that the Council approve the claims as submitted. Motion carried unanimously. Seminars Clerk Administrator Charlotte McNlesh was requested to send a memo to the PublIc Safety Committee advising that, even though budgeted, Council approval of all meeting and seminars Involving out-ot-town or over-night stays, Is required, In advance of meetings. . A~journmant The meeting adjourned at 11:47 p.m. ~?ffA~ Charlotte MeN/ash Clerk Administrator ~otlce of Meeting The next regular Council meeting wll' be held on Monday, August 27, 1973. at the Village Hall at 8:00 p.m. -6-