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Home My WebLink AboutCC 09-29-1975 .. .} ~~i nutes of Reg~lar Council Meeting Village of Arden Hi lis Monday, September 29, 1975 - 7:30 p.:n . Village Hall Call to Order The meeting was called to order by Mayor Crepeau at 7:32 p.m. Roll Ca II Present - Mayor Henry J. Crepeau, Jr. . Councll:nen Charles Crichton, Robert Woodburn, William Feyereisen, James Wingert. Absent - None. Also Present - Attorney James Lyn den, Engineer Donald Christoffersen, Treasurer Donald Lamb, Parks Director John Buckley, Clerk Administrator Charlotte McNlesh, DepJty Clerk Dorothy Zehm. Approval of MInutes . Wingert moved, seconded by Feye re i sen, that th~ Minutes of the Council Meetings of September 8 and September 22, 1975, be approved as amen ded . Motion carried unanimously. BUSINESS FROM THE FLOOR Case No. 75-20. Cardiac Pacemakers, I r.c. - Grading Plan Variation Mr. Art Schwalm (C .P.I .), Mr. Bob Burrows (architect) and Mr. Larry McGough (McGough Construction) requesied Council approval of a pro- posed grading change for the Cardiac Facemaker~;, Inc. bui ldlng site, which will result In entire site /)elnr raised approximately a foot; retaining the same relative conto~rs. Mr. Burrows said they had formerlv planned to '-emove sol I from sIte; now propose to retaIn th I s sol I and s~read it out over the site; reducing chance of probable ioss of oek trees (IS well as reducing con- struction costs. After discussion, Woodburn moved, seccnded by Feyereisen, that Counc j I approve the approximate one foot change in site elevation from originally approved grading plan dated 7-1-75 (Counci I app roved 7-14-75) . Motion carried unanimously. REPORT OF VILLAGE PARKS DIRECTOR JOHN BUCKLEY Landscaping of Pemtom Pathway Buckley reported that Bethel College has Black Hills Spr uce and sonie soft maple trees available for Village use; would II ke a II trees out of nursery this fa II - Pemtom will be ready to plant this fa II or next spring along the 10'wlde pathway easement (Second Addition North). After discussion, Counc I I requested that Buckley meet with Pemtom representative, Landscape Inspector Schutta ant Parks Committee Chair- man Anderson re appropriate varieties and loccli.lons of trees prior to planting. Park Maintenance Personnel Buckley re fe rred Counc I I to his memo of 9-26-75 re Park Maintenance Pe rson ne I for fall and Winter. Crichton moved, seconded by Wingert, t1at Council authorize Buckley to use Steve Zehm's services In the Parks Department as requested . at $3.75/hour weekends and holidays. "btlon carried unanimously. In discussion, Council expressed conce.n re hiring of part-time person- nel, as It relates to unemployment com.lensatlon II ab I II tv. Council requested Buckley and ~kNlesh ro check laws and to propose plan considered to be most economical and f'3asible for Counci "s cons i deration; Counc i I to be po II ed re plan proposed)s i t relates to proposed hiring of Bruce Nielson. CETA Employee John Kramer - Probatlona-y Period Buckley reported that John Kramer's s I :~-mon th probationary period will be completed on October I, 1975, and rucommended his continued employ- ment as a regular employee under the CETA program (contract expires 6/30/76) . Crichton moved, seconded by Feyerelsen" that Council approve the continued employment of John Krame r as a regular full-time employee for ba I ance of -1- , , 1'4 ! fl ur ~~ :;:i Of R'')~.lJ I ar COUi1C i I ~jeetihg Sep-r'~mb"r 29, 1975 Pagtl two CET" ccntract (6-30..76) at which time employne'1t statu3 will be I-e- viewed again. Motion carrIed unanimously. .sut-p Ius Equipment BucY. I oy reported that the 1966 GMC tank truck ~nd 1967 For-d 3/4 ton four-by-four have been rep I aced, and re comme n d; that both be sold. Buc~.loy reported that Rosevl II e has expressed Interest In purchase of the tank truck at $1500. After discussion, Counc i I request,~d that Buc~.lllY have trucks apprais3d (cost of appraisal, If any, to be paid by Arden Hill s) for Counci lIs consideration In determining sale price of eClch 'Ie hie Ie. . REPORT OF VILLAGE ATTORNEY JAMES L YNDEN Case No. 75-17A, Amended Special Use Permit - I:resbyterl al' Homes Lynden referred Counc I ! to Amended Special Use Permit, noting condi- tions contained therein. After discussion, Crichton moved, seconded by 'Ylngert, the,t Counc il approve the Amended Special Use PermIt, as amended by Lyn <'an on 9-29-75. Motion carried una,1imously. ( I twas noted that Landscape Bond, I n the amount of 125% of esti- mated landscaping costs, be submi .rted at time of application for Bul iding Perml i-; PI an,.le r to detel"ml ne amount of bond; completion of iandscaoing r"eQu I red prior t::l issuance of occujl3ncy permit.) ~ort on Vacation of Porti01s of Connelly AverlJe Lynden reported that Conne fll Avenue, as con s t r: Jcted, i s tpparently not located as lega It y described; resultant fncumbrances should be resolved and d I sCI-epanc I es d,3te rm C ned, prie>r to publication of Notice of Hearing re street vacat on and dedic1ltlon. Mr. Withy (Shaw Lumber Compalyl expressed conCH ron re apparent un- reso! ved title questions advising Council of SIuw Lumb" r 's further concern re f r.on t p rope I-ty 11.113, i': Connelly Ave .,ue is vacated, as proposed. Withy advised that Sha" Lumbe r wou I d pre fer future ex- pansion of its building to he south; side and j.ront property lines would have to be determined, as we II as layout)f Conne I I Y Aven ue . Matter was deferred pending .:Iarl "ication of s!l-vey discrepancies by LyndHn. COUflC' I suggsste,j thai" Withy submit concerns, In wrltlllg for Counci I cor:s I derat i on. (~lr . WI.thy advised he \lould I)" olJi--of-town week of October 26th.) fase No. 74-14 , Pemtom, Inc. - ~nhous~ V i If i!li:'S North Home Owners Association Development Ag reen~'nt - Second Addition Cr! chton move d , seconded by Woodburn, thai. Counci I approve the Horne Owns i-S Association Development Agree",il~t for TO'>lnhouse V I I I ages NorYh, Second Addition; authori zl 1'9 Its ,?xecution by the Mayor and CI ark Adm nlstr"ator a f te r It,; execution by Pemtom I nc. , an d sutject to approval of letter oi c red I t by Att.orney Lynde:l. tvioti on carried unanImously. . Re vis e d Ut II i ty Plans - Third Addition Ch r is tof fe rsen <lescrl be.j-;:evTsed shee1~s I :tnd 3 of Second Add't on North uti II ty p; anS;t wh ch p r.oposa extens i 'In of utllj-;-Ies th rouflh Th i rd Addition. Mr. Burn 5 (Pemtoml advised that req ues t i:: made (orior to appro\al 0"' Preliminary Plat of I\dd i t I on 3) j' n ordE ,. to get lines i n th i! fu \ i .. Chl"i stoffarsen said he has J-e v I ewed revised plans and they appe<,r to be In accord with over-all approved COr1'''lpt of north area; n(tlng that buildings are apparently set back fur..het- from ,.est propar1 y t 1 ne, than originally pr"oposed. After discus~IDn, FeyarE'ls8" moved, seconded by Woodburn, that Councl I app rove the extension of utilities th rough Third Addition North, at Pemtom's risk, subject to receipt of ..t....... of cr.dlt -2- ------ Mi nutes o.f Regular Councii ~;eeti ng Se~.tember 29, 1975 Page three and addendum which includes extension o-rutllitles re revised plans ( date d 9 - I 6 - 7 5) ; approval net to include. approval of PrelIminary Plat of Third Addition North. Mc,t ion carried (Feyerelsen, Woodburn, Crichton, Crepeau, voting In favor of the motion; Wingert votIng in opposition). Request for Reduction j n Letter of Credit - First Addition Crichton moved, seconded by Feyereisen, that Counci I authorl ze reduc - tion in letter of credit (#7018) for Addition One North, by $28,480, to $59,361 as recommended by Engineer Christoffersen. Motion carried unanimously. REPORT OF VILLAGE ENGiNEER CONALD CHRISTOFFERSEN . Lee Richert Plumbing and Heating - Request for Change Order and Fi na I Payment Christoffersen referred Counci I to his letter of 9-29-75 re Bethel Master Meter Station; advising that construction Gomp I I as with plans and specifications and contract documents; recommended. Counc i I approval and acceptance of the project. Feyereisen moved, seconded by Crichton, that Council approve f I na I payment to Lee Richert Plumbing and Heating, Inc.., in the amount of $4,856. Mot i on carried unanimously. Mr. Richert described addl~ional costs entailed by Richer.r PI umb ing and Heating, I nc. to expose lines for testinq, to assure that no leaks were evident. He said when 180 lb. test was applied, I j ne slipped; cons I ders it to be ve rv unusual practice to requIre testing of exis- ting pipe, valves and fittings; should not be held responsible for te s t on old lines - cannot get a 150 lb. test on old lines. Richert stated leak occurred after tiT" slipped. Ch r i stof fersen advised that specifications require a pressure test between valves (referred Counci I to his letter of 5-13-75); -ecom- mending that request for change order Mr. Richert requested In his August 29, 1975 letter to Counci I, not be approved. After discussion, Crichton moved, seconded by Wingert, that Counc II not approve the $1780 change order in as much 3S the tests performed are specified in the contract doCuments. ~~oi' I on carried unanimously. (Richert advised Counci I that they are prepared to go to court to recover these costs.) Request for Release of Bond - Elde Circle Christoffersen reviewed background re Subdivision Bond for- surfacl ng of Eide Circle; advised that bond was reduced to $1000 on 8-1-74. Christoffersen referred Counci I to his letters to Mr. Eide (dated 5-12 and 6-17-75). and to letter to Counci I date d 7-23-75,. ,ro re p air work to be completed before release of bond. Mr. Lyle Eide stated that he released the Dunkley Surfacing bond, on assurance from Engineer Lund that street surfacing work appeured sati sfactory. Dunkley has made certain repair., but "b i rd ba.rhs" are . stili apparent; would cost Eide over $1000 to correct the surfacing - Dunkley feels they've done their job. Ch r i stof fe rsen said he feels it is contractor's responsibi II.I-y to correct the areas where settlement has occurred. Eide said Dunkley's foreman ~ .JUIY~ ~nd said he'd m'31<e y~;;:!-~ '. ~MUd.e~7'7. , After discussion, matter was deferred to next Councl I meeting so Councl f can look at road. Gas Connections - Arden r~anor Christoffersen desc r i bed the inspection of gas installations at Arde, Manor wh i ch consists of a iO-mlnute pressure test on the linD (tests the gas installers connection, as we" as ! i nas installed w.li.hin the t ra I Ie r) and a visual test by the inspector; inspector reads meter before and after visual Inspection; approval notice Is left on the site for gas company; gas company makes connection. -3- Minutes of Reguli:Jr Counci I t:eeting September 29, 1975 Page four -, ..,- ~~ .. Christoff~~~jp.test is L_ . test made for home Instal- lations aOOA-1Sltr afcordance with building code requirements. Christoffersen said if this test is routine, ,-and not merely a "spot check", it would appear to be satisfactory; Inspection fee should be determined by Counci I. Counci I referred inspection fee for mobile home gas instal lations to Finance Committee for recom~endatlon to Councl I, as soon as possible. Control Data - Cool ing Tower Meter (Crichton abstained from discussion and vote) Christoffersen referred Counci I to his letter ~f 9-24-75 re Control . Date Corporation request for approval of substitute cooling water meter.. Feyereisen moved, seconded by Wingert, that Counci I approve ~he sub- stitution of a Brooks Model 10 2-inch meter, 1'1stead of a Brooks Model 666 2-inch meter, as requested in letter from Control Data Cor- poration dated 9-16-75. Motion carried (Feyereisen, Wingert Woodburn, Crepeau voting In favor of the motion; Crichton abstaining.) State HiQhway Department Proposed Changes at Lexington and Highway 96 Christoffersen reviewed the proposed Highway Department changes at Lexington and 96, stating that the cul-de-sac, proposed in the south- west corner of the Intersection, is apparently to control access near this intersection; City comments re the project are apparently In order; main ObJective, it appears, is to give access road to adjacent land in southwest corner. After discussion, Crichton moved, seconded by Woodburn, that Council sees no useful purpose for the proposed cul-de-sac at the southwest corner of Highway 96 and Lexington Avenue; couid, in fact, create a dangerous situation since proposed egress Is approximately 150' from intersection; requests reconsideration by the Highway Department. Motion carried unanimously. Surveying and Mapping Park on New Brighton Road Christoffersen estimated cost of staking park at about $1000, mapping (no stakes) at$IOO, and if platted, cost would be an additional $500t. Councl I deferred mapping and surveying of park unltl site improvement of park Is anticipated. Request to Defer Special ASS9$Sments - Justine O'Connor McNiesh referred Councl I to 1er memo of 8-22-75, and advised that original Special Assessments involved In this application are: Sewer 12-13 - $987.00 @ 7% Interest (1971-90) Water 71-1 - 678.07 @ 8% interest (1972-.91) Street 72-3 - 1424.72 @ 8% interest (1974-83) After discussion, Woodburn moved, seconded by Feyereisen, that Counci I approve appl icatlon by Justine O'Connor for deferral of special assess- ments payable In 1975, and thereafter for five years, at which time . application will be reviewed again by the Council. Motion carried unan i rr,ous I y. (It was noted that deferral ceases when title changes or homestead ceases.) Naegele Outdoor Advertising - Non-conforming Siqns Mr. Jim Sbaw, Director of Community Relations, explained history of the property on which the six non-conforming signs are located: I. Originally had a lease agreement to erect si~ns and made application for permits for signs In,New Brighton. 2. Purchased property in 1969-1970. 3. Received letter from Arden Hi lis date, 9-16-71 re non-conform- ing signs; first they new that property was in Arden Hills, not New Brighton. 4. Property was re-zoned from Heavy Industry (New Brighton) ~o Limited Industry (Arden Hi 115) - a depreciation IIt.property, value. -4- . r..1: nutes or Reg'.i!ar Cou:lci 1 ~eetlng September 29, 1975 Page five 5. Me t wit h Vi lIage Beard of Appeals and with Planning Commis- sion and received copy of the i r recommendations to Council. Shaw explained that. Naege I e is not a sign company, but an "advertising firm" - se II our products on a competitive voi1, competing for the advertising dollar by sell ing and re-seiling snlce. Feyereisen asked i f these six signs ar.e In violation of any State or Federal regulations. Ans. No. When asked about ownership of the land on which the signs are located, MI-. Shaw said that Naegele owns the land and pays taxes on . + Just ,_, as other businesses do. After discussion, Wlngert.moved, seconded I)y F'3ye re i sen, thai- Counci I . grant temporary licenses for the six non-conforming signs for a slx- lIlonth pe r I od ; permitting Village time to revie... Its ordinance regul a- tions and to establish controls which are reasonable to both City and advertiser, and to make determination as to whether advertising, as described, i s , In fact, a business operati ng in a business (I ndustrl al .or Commercial) zone as a permitted use. Motion carried (Wingert, Feyereisen, Woodburn voting In favor of the motion; Crichton, Crepeau voting In oppos I t i on) . Counc i I refe'"red sign ordinance to Vi I lage Committees for recommen da- tions; Counci I deferred action to a December 1975 Counci I meeting. Mr. Shaw requested that Naegele be given the opportunity to take part In preliminary discussions relative to proposed regu I atory re v I s I on s . REPORT OF VILLAGE TREASURER DONALD LAMB Investment September II, 1975 - $130,000 inv'3sted for I year at 8% interest at First National Bank of St. Pau I. Crichton moved, seconded by Wi nge'-t. that Council rat i fy the 'nvest- ment. Motion carried unanimously. Case No. 75-40, Aggregate Sideyard Setback Var"'ance - Dr. Dub Sukum Wingert moved, seconded by Crichton, tha t COline i I concur with the recommendatIons of the Board of Appeals and Planning Commission to approve the 2t' aggregate sldeyard set-back variance for construction of an addition to house at 3294 Lake Johanna Boulevard, as requested, because the odd-shaped lot, "~I th irregular terrain presents a hardship for reasonable construction on this lot. Motion carried unanimously. Case No. 75-38, Bennett Gold~erg - Lot Spilt and Consolidation, Fill Permit and Parking Lot Expan~lon Applications - Counc i 1 deferred action on t1ese applications pending tha following: I. Application from property owner for lot sp lit. 2. Landscape Plan of entire Roberts Industrial Park (If owner- ship of p a rce I is i'1 namo of Roberts Construction I nc.) . REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MCNIESH . 1976 Budget and Tax Levy McNlesh referred Council to her memo of 9-26-75, noting that if codi- fication of ordinances Is In,:luded, th e tax lel"Y requ ired for the Gene ra I Fund would be 5160,326 and total tax I EiVY wou I d oe $229,426, resulting In a 6.6% estlmate.j reduct I on in mi II rate over 1975. The Counc i 1 concurred that codification should be Included, and Crichton moved, seconded bv Woodburn, that Counc II app rc,ve Resolution No. 75 -40, RESOLUTION APPROVING SUMS OF MONEY TO BE LEVIED FOR LEVY YEAR 1975, PAYABLE IN 1976, AND AMENDING THE LEVY ON 1972 IMPROVEMENT BONDS, SERIES ., AND 1960 AND 1961 :,ANITARY SEWER IMPROVEMENT BONDS, SERIES - , B, C AND D. Motion carried unanimously. Woodburn moved, seconded by Ilinger't, that Council approve Resolution No. 75-41, RESOLUTION CERTIF~ING DELINQUENT UTILITY ACCOUNTS TO RAMSEY COUNTY FOR COLLECTION WITH TAXES; authorizing deletion of paid accounts by Clerk AdminIstrator up to October 10. 1975. Motion ca:-ried unanimously. ..- Temporary Lighted Siy" -' St'. Paul Book and Statlonerv After revIew of appl ca1'Ion, and a1'1'ached sketCh, of temporary sign, -5- , Minutes of Regu I ar Coone i I Meeting September 29, 1975 Page six Feyereisen moved, seconded by Crepeau, that CO'Jnc i I ap p rove the temporary sign, as r"equested on days of sale during hours of business operation. Motion carried (Feyeraisen, Crepeau, Woodburn voting In favor of the motion; Wingert voting in oppositIon; Crichton abstaining) . Apportionment Resolution No. 75 -4 2 , Water Improvement 72-1 - Flelschhaker/ Ha rtma rk Wingert moved, se~onded by Feyere I sen, thai" Council approve Resolu- tion No. 75-42, RESOLUTION RELATING TO APPORTIONMENT OF ASSESSMENTS RELATING TO WATER IMPROVEMENT NO. 72-1. Motion carried unanimously. Appllc:atlon to Control Erosl:>n of Prop~ on Lake Joseph'l ne - Dr. Roberi. Woodburn After review of appl ication and attached documentation, Feyereisen . moved, seconded by Crichton, that Council approve the erosion control, as described, contingent upon Clerk Administrator receiving notifica- tion cf approval of the projact by adjacent property owners. Mot I on carried (Feyere I sen, Crichton, Cropeau voting I n favor of the motion; Wingert voting in opposition; Woodburn abstaining) . (Matte r was referred to Board of Appea Is to contact adjacent property owners re proposed erosion control proJect. ) Octobe r Counc i I Meet I ~ Wingert moved, seconded by Foyereisen, that Coune i I schedule October Counc II meetings on October 14th (Tuesday), 20th<Monday) , and 27th (Monday) at 7:30 p.m. Motion carried unanimouSly. Payroll Wingert moved, seconded by Feyereisen, that Counci I approve the Payroll as submitted. Mofion carried unanimously. Request for Planting Substitutions - Hunters Park Crichton moved, seconded by Feye re i sen, that Council approve the planting substitutions as requested by Bather-Ringrose-Wolsfeld In letter of 9-25-75. Motion carried unanimously. Letter to Councl I from Representative Neisen Council agreed to forward i te:ms to McNiesh which Counci I would like to discuss with Nelsen at COl!nci I meetl ng on October 27th. Bussard LI ft Stat j on McNiesh referred Counci I to her memo of 9-17-75 re Bussard Lift Station. After discussion, Crichton moved, seconded by Feye re I sen, that Counc i I rase! n d its action of June 9, 1975, and authorize payment of $8775, instead of $8250, to Bussard provided that Bussard pays all outstand- Ing assessments on the lift station parce I . Motion carried U:lan imous Iy. Adjournment Crichton moved, seconded by Feyere i sen, that meeting adjourn ;3t 12:40 a.m. r.lotlon carried unanimouSly. ~YlP~ Charlotte McNlesh . Clerk Administrator Notice of Counci I Meeting The next Regular Council Meet in g will be held on Tuesd8Y, October 14, 1975, at 7: 30 p.m. at the V i I I age Ha I I . -6- - - - ----~