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HomeMy WebLinkAboutCC 08-11-1975 t,,' MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hi lis Monday, August It, 1975 - 7:30 p.m. Village Hal I CALL TO ORDER The meeting was called to order by Mayor Crepeau at 7:35 p.m. ROll CALL Present - Mayor Henry J. Crepeau, Jr., Councllme,~ James Wingert and Robe rt Woodb u rn. Absent - Councilmen Charles Crichton and William Feyerelsen. Also Present - Attorney James Lynden, Treasurer )onald Lamb, Public Works SupervIsor Hans Johansen, Tree Inspector Mike Sllnde, Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm. . . APPROVAL OF MINUTES Wingert moved, seconded by Woodburn that the Minutes of the Regular Counci I Meeting of July 28, 1975, and the Special Council Meeting of July 30, 1975, be approved as submitted. Motion carried unanimously. BUSINESS FROM THE FLOOR None. REPORT OF PUBLIC WORKS SUPERVISOR HANS JOHANSEN landscapin~ - Public Works BuildinQ . Johansen reported that the Public Works Committee has recommended that a 6' redwood basket weave fence be erected by th'3 Vi Ilage along the south line of the Village property, starting at the southeast corner and extending 250' to the west; fence to be Installed this year. Johansen reported that, subsequent to the Public Works Committee's recommendation, it was noted that Pemtom has also proposed a 6'redwood fence (staggared vertical boards) in this general area, 198' In length. Johansen suggested that, after determining the location of the Pemtom fence, the Village continue the same type of fen.:e to screen a total of 250', as recommended by the Committee. Johansen said he'd like to proceed with this installation this year, but Pemtom wll I have to complete the fl I ling of the ditch and fence construction before Installation can be commenced by his department. After discussion, Council concurred that the fence extension to the 198' Pemtom fence, be Installed by the Village, +0 match the Pemtom fence (total length of combined fence to be 250'); suggested that perhaps a portion, or all, of the east line land!icaping of the Public Works property (including bin storage etc.) could be completed this year, with funds which were allocated for south fence project. (Johansen to check with Pemtom re fence location and construction time and to submit cost estimate to Council of east landscape and storage area project.) Townhouse Vlllage~ North, Second Addition - Preliminary Plat Johansen reported that the Public Works CommitteE' reviewed the Prel im- Inary Plat of the Second Addition of Townhouse Villages North, and recommends Counci I approval, as submitted; subJec:t to approval of c01struction plans by the Village Engineer, as indicated In Eng,lneer's letter of 8/5/75. -. . Bethel Master Meter Johansen referred Council to his memo of August ;', 1975, advising that master meter was put into service on August 7, 1975. After discussion, Counci 1 requested that Christoffersen determine whether Arden Hi lis or Bethel College owns water line under Snelling Avenue. Sealeoat ProJect JOiiansen-rep-orteli that the Seal coat project for 1975 has been completed and, after Inspection of the project, it appears that a good job was done. -1- . Minutes of Regular Council Meeting Page two August II, 1975 Water Tower Johansen reported that the safety equipme.nt.,has ~een Installed on the water tOWer, and recommended that an add I fJ'o'riaI "catch" be Installed on the main hatch to permit It to be held open In a vertical position. Councl I concurred that this additional "catch" be installed, as described. . . Johansen referred Council to report from Banister I.spec~or R. Cnes~er re need fOI' painting and maintenance of water to'>ler; 1976 Proposed Budget provides for this maintenance. Equipment Changeover to '75. GMC Johansen reported that the changeover of equipment from '69 to '75 GMCI s In process; th Is changeover does not I nc I Jde a p low, wh i ch had been proposed for this truck. Johansen said he has located a used plow at Itasca Equipment which appears to be a "1ery good buy" at $400, not Including hitch, hydraulics or trlick-h,!lf of frame. Council concurred that Johansen proceed with purchase of plow and Its Installation as economically as possible. Public Works Employees Joh~nsen reported that he does not anticipate tho need for additional help In the Public Works Department, at present, but the need may arise in a few weeks when summer help leaves, if the department is not up to ful I staff at that time. REPORT OF TREE INSPECTOR MICHAEL SllNDE Sllnde referred Council to his memo of 8/11/75 ru Update on Tree Olsease Program. S11nde reported that Dutch Elm has been his grea~est concern this year; concentration Is most prevelant In the southern '/3 of the Vi Ilage (south of Soo line tracks), Slinde reported he has used 35 gallons of vapam to date and has Isolated all Elms (except one) which are In danger of spreading the disease. Sllnde said his job this year Is to minimize the spread of disease next year. After discussion, Council concurred that Siinde !.hould send a "second letter" to property owners of diseased trees, enclosing a copy of the ordinance, and requestIng immediate compliance. Sllnde said that the one infected Elm tree, not treated with vapam, I~ scheduled to be trenched, according to the property owner, to pravent the spread of the disease to nearby Elms. Sl'inde reported that the greatest concentration of Oak Wilt is on the Bethel College Campus. SIInde said that he is mvrking the trees to be removed and placing vapam barriers - College Is doing a good Job of removing trees promptly to prevent the spread of Oak Wilt. REPORT OF VilLAGE ATTORNEY JAMES LYNDEN Petition for HI~hway Easement lynden refel:"red CounCil to his letter of August 11,1975; advising that he discussed the Highway 51 Easement with Mr. John Sandahl, Assistant District Engineer, District 9, Minnesota Department of Highways, who advised that his office had prepared a letter, for signature by Commissioner Marzltelll, directed to the Metropolitan -- Transit Commission, the State Planning Agency anc the Metropolitan Council, advising these agencies of Arden Hills' Interest In acquiring -,., a portion of the corridor for pathway purposes a~d Inquiring as to . whether any other publ ic interest has been shown tllerein. lynden reported that a copy of this letter wi I I be sent to Arden Hi lis this week. lynden said that the Highway Departlllll'nt Is attempting to determine public interest and wi II then determine procedure - one possibility mentioned by Sandahl was special legislation authorizing the Highway Department to relinquish the easement to Arden HI lis. lynden advised that, In his opinion, preparation of a petition at this time Is premature. Mr. C.O. Amble advised the Council that he and Mr. Woodis and Robert Ashbach are property owners north of the Village-Cummings property, +2+ Minutes of Regular Counci I Meeting Page three also interested in acquiring the portions of the Highway 51 easement which abuts their land parcels. Amble distributed copies of maps which depicts the various land parcels and the Highway 51 easement passing through them. Amble suggested that the Village join Woodis, Ashbach and himself In procuring a "court order" to release this easement to the adjoining property owners; hopeful Iypreventing a lengthy delay, since the Highway Department is apparently not clear as to how to proceed In this matter. 'August II, 1975 After dlscusslon,.Councl I concurred that Lynden withhold action on behalf of the Village, pending receipt of the Marzltelli letter, and asked that Amble, Woodis and Ashbach delay action to procure a court order, pending receipt of copy of letter. Ordinance No. 191 Re Bui Idlng Code Lynden referred Council to revisions to Ordinance Adopting the State Building Code, and his letter of August II, 1975. . . After discussion, Woodburn moved, seconded by Wingert that Council suspend the rules and consider this to be the final reading' of the ordinance. Motion carried unanimously. Woodburn moved, seconded by Wingert, that Council adopt Ordinance No. 191, AN ORDINANCE ADOPTING BY REFERENCE THE STATE BUILDING CODE; REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE CiTY OF ARDEN HILLS; PROVIDING FOR, THE APPOINTMENT AND QUALIFICATIONS OF BUiLDING, ELECTRICAL, PLUMBING, HEATING AND LANDSCAPING IN,PECTORS, REQUIRING PERMITS FOR CERTAIN TYPES OF WORK AND ACTIVITIES: ESTABLISHING FEES FOR SUCH PERMITS: PROVIDING FOR INSPECTIONS: REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH: AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, as amended on August II, 1975. Motion carried unanimouSly. Pollee Department Responslbi titles Re MVHS Lynden reviewed his letter of August 11,1975, and suggested that, If Arden Hi lis Is Interested In a program similar to Rosevllle's, that Mr. Fred Corey, Chief Juvenile Officer of the RosevJ I Ie Poi Ice Depart- ment be contacted. Institutional Housln~ vs. Medical Uses Lynden referred Council to his letter of August II, 1975, re questIon raised at the Council meeting of July 14, 1975,' ~~ to a possible discrepancy concerning the defInitions of "institutional housing" and "medical uses", as contained In th,e Zoning Ordinance. Lynden emphasized that It Is a well set~led rule of. law that zoning ordinances must be strictly construed In favor of the property owner, and any ambiguity or uncertainty of ordinance application must be In favor of the least restrictive property usage. Lynden advised that It Is his opinion that bdth Twin City Christian Homes and Presbyterian Homes development proposa's fall within the "InstitutIonal housing" definition and not the "medical uses" defInition and are therefore permlssable uses in R-I zoning districts, provided Council determines the proposed uses meet the criteria and require- ments for granting a Special Use Permit. -,., Lynden said that the existing Presbyterian Homes development Is clearly a nursing home provIding housing and nursing car~ for the elderly; . the geriatric center being proposed, in his opinion, provides medical . clinic, community services program and day-care tacl lities as part of the center, and Is ancillary to the primary u~e. C.G. Rein Park Dedication Lynden reported that the closing will take place on Tuesday, August 12th. -3- . Minutes of Regular Counel I Meeting Page four August II, 1975 REPORT OF VILLAGE PLANNER RICHARD FREDLUND (absent - report by Councilman Wingert) Case No. 75-29, Variance - Michael Holland Wingert referred Counel I to Board of Appeals Report (8/5/75) and Planning Commission recommendations (8/5/75). . . After review of documentation presented, Wingert moved, seconded by Wood- burn, that Council approve the 15' front set-back requested for construc- tion of a house on Lot 7, Houle Addition, as depleted on plan dated 8-5-75. Motion carried unanimOUSly. Case No. 75-19, Variance - Donald Kostohryz Wingert referred Council to the Board of Appeals Report of 7-1-75 and to the Minutes of the Planning Commission MeetIng of August 5, 1975, reporting that the requested second curb cut to the property Is primarily for winter parking of cars, when existing driveway from Snelling Avenue Is Inaccessible due to Its steep grade. After discussion, and review of documentation presented (Case 75-19), Wingert moved, seconded by Woodburn, that Council approve the second curb cut to the residence at 3530 Rldgewood Road, from Rldgewood Road. Motion carried unanimously. Case No. 74-14, Townhouse Vi Ilages North A. Preliminary Plat - Second Addition Wingert reported that the Planning Commission recommends Council approval of the Preliminary Plat of Townhouse Villages North, Second Addition, subject to review and recommendatIons by the Public Works Committee and Vii lage Engineer, and subject to satis- factory resolution of apparent Grudnoske property line ditching and tree remova I . 3! 'i" J. Hili reported that Pemtom has met with Grudnoske re ditching and tree removal complaint. Mr. Grudnoske advised that Pemtom has agreed to fill ditch with suItable fill to Its former level, and to compensate Grurlnoska for trees removerl: this Is agreeable _ asked date ~hat work will be completed, preferably this fall. Mr. Hili agreed to have ditch filled prior to November 1,1975. :'? Hili advised that Village Engineer has asked for additional drainage Information, which he received today, but not In time for Engineer to complete his report to Council. Hill requested that Council, therefore, defer Its action unti i Council Meeting on August 25, 1975. o..j \1 :1 " B. MOdel Change - Addition One Wingert referred Council to Planning Commission Minutes of August 5, 1975, and moved that Counci I approve the model change requested, changing four "C" units to four "H" units on Blocks 5 and 6, Addi- tion One. Motion was seconded by Crepeau and carried unanimously. - Case No. 75-30, Building PermIts - Bethel Coll~~ Wingert referred Council to letter from Glen Hnyne, Superintendent of Buildings and Grounds, Bethel College (8-4-75), and attached sketches, depleting a portable storage bui Iding for canoo equipment (to be located at waterfront in summer and stored elsewhere during winter months), which would not be connected to uti lities, and a guard house (also portable) which will be heated and connected to electricity. -. . Wingert Indicated the proposed locations of tho buildings on the Bethel sIte plan and identified the location of thepnrklng lot requested to be surfaced with rock (upper portion of parkin!l lot shown on site plan, but not constructed to date). 1 j ~ l, 11 Mr. Hayne advised that lot, as proposed, would not be excavated - would be leveled and surfaced with rock this year (also taking bids for pos- sible blacktop surfacing, which they Intend to use If budget permits). After discussion, Wingert moved, seconded by Woodburn, approve the Issuance of Building Permits for the guard building, as per sketches submitted (Case No. 75-30). unanimously. that Council house and storage Motion carried -4- , ~ .':" t ~, .. Jll. . . - -. . ~inutes of Regular Council Meeting Page five Ilugust II, 1975 Wingert moved, seconded by Woodburn, that Councl I cation of the parking lot, with gravel surfacing, Case No. 75-30. Motion carried unanimously. Hayne noted that the FIre Department and Pollee Department have approved the night-time closing of the Old Highway 10 entrance to Bethel College by a "break-away" gate as described In letter. approve the modlfl- as proposed with Case No. 75-23, Flaherty's Arden Bowl Parking lot and Connelly Avenue Modifications Mr. Pat Flaherty presented a drawing of the proposed Flaherty's park- Ing lot.s and Connelly Avenue for Council consideration. Wingert reviewed concerns and suggestions expressed by Planner Fredlund (telephone call of 8-11-75) as follows: I. Backing of cars from parking areas directly onto roadway on East, North and West sides of Flaherty's Arden Bowl; suggests possibilIty of narrowing street (22'-24') and/or re- aligning street to provide for separation between parking area and road right-of-way. 2. Shaw lumber access appears to be only through a parking area; suggests a defined roadway entrance for car and truck access. In discussion, Council noted, In addition, that the catch basin Is pro- posed to be changed; expressed concern re limited retention of surface run-off on the site. Screening of the western boundary was also dis- cussed - plan does not Indicate what Is propoS3d. Flaherty stated that It is their Intention t03ccommodate Shaw lumber, and will work out a suitable arrangement with them; proposes to lower catch basin on the parking lot site about It f~et - had proposed to work this out with Village Engineer - didn't realize that It Is Council's Intent that run-off be retained on the site. Flaherty said west boundary line landscaping Is proposed to be done with evergreen plantlngs (not a fence). Flaherty advised that It appears that McDonald's wll I commence construc- tion In llfew days and that Flahertys had anticipated the construction of thelr parking lot In con~unctlon with McDonald's parking lot construc- t I on.. After discussion, Flaherty agreed to convey Councl I 's concerns re the following to his architect, and to request tha'r he work with Planner Fredlund to prepare an amended plan for Co~ncl I consideration on August 18, 1975: I. Define entrance to Shaw lumber Company and obtain Shaw's approval of proposed plan. 2. Eliminate the hazard of cars backing directly onto road rlght- of-way (possibly narrowing and/or re-nlign roadway to define It from parking areas). 3. Provide for surface water retainage on the Flaherty site. 4. Indicate landscaping proposed (size and location of species to ~e planted). ~ Case No. 75-27, Front Set-back Variance for Ramada Inn/McGulres Sign Wingert referred Council to the Board of Appeals report of August 5, 1975, and the Planning Commission Minutes of August 5, 1975, and to colored photos of the existing sign, which Is located approximately 10 feet from the front property line at 1201 West County Road E. ~ '\ ", After discussion, Wingert moved, seconded by Woodburn, approve the approximate 15' variance for the sign with ing that the fabric "banner" portion Is to be removed. unanimously. that Counc j I the understand- Motion carried Case No. 75-5, Variances for Two Non-conformlnq Billboards - National Advertising Compan~ Wingert referred Council to the Board of Appe~ls Report (7-1-75) and Planning Commission Minutes (August 5, 1975) re two billboards located at the northeast Intersection of 1-694 and 35W, advertIsing "Shell" and "Ramada Inn/McGuires". -s- 1 Minutes of Regular Counci I Meeting Page six August II, 1975 After discussion, Wingert moved, seconded by Woodburn, that Councl I deny the variances requested by National Advertising Company for the two billboards at 1-694 and 35W; billboards do not advertise or relate to property on which they are located, and should be removed within 60 days. Motion carried unanimously. Newsletter Proposal - Dave Locey Locey referred Council to proposal of Arden Association that Council appoint a Committee to prepare newsletter for distribution to Arden Hills residents. After discussion, Mayor Crepeau appointed the following residents as members of the Newsletter Publication Commlttes: . . Dave Locey, Chairman Katherine Crichton Liz Bleger Carmen Koshlol Trudy Harmon Karen Burke, and Co-Council Liaison: Robert Woodburn and James Wingert Wingert moved, seconded by Woodburn, that Council approve the News- letter Publication Committee appointments, as made by Mayor Crepeau, and that Janet Hollenhorst be pard $2.75/hour, as Secretary/Editor of the newsletter. Motion carried unanimously. (It was noted that If expenditures exceed $300/lssue, they must be Counci I approved; Committee Chairmen should bu advised that they should contact Janet Hollenhorst (and/or that she wil! be contacting the Committees) re news Items. I.O.O.F. St. Paul Lod e No.2 - Drlvewa Access Wingert reviewed Council's action 0 June 9, I !i75 , which approved the removing of the requirement of a paved parking lot from the I.O.O.F. lodge No.2 Special Use Permit, but which did not include approval of the changes In the landscape plan discussed. Wingert moved, seconded by Woodburn, that Council approve further modification of the landscape plan, dated 10/16/70, approving two access drives from the parking lot onto Edgewater Avenue, and deleting the two access drives to the east side of the parking lot; easterly access onto Edgewater Avenue to be closed with a chain device or gate, and used only at times of high usage of the parking lot. Motion carried unanimOUSly. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Apportionment of Assessments Resolutions Woodburn moved, seconded by Wingert, that Council approve the adoption of Resolutions Nos. 75-29 through 75-35, as submitted. Motion carried unanimously. .... . Claims ~cNI~sh noted a correction on page 2 of lIst of Claims, charging check No. 7732 to Nursery Hi II Improvement, and requested approval for three additional claims: I. Irvin Montgomer~ In the amount of $4,939.75. 2. Rosedale Chevrole~ in the amount of $308.62. 3. Scott Moore (Golf Instructor) In the amount of $64.00. , , I - Wingert moved, seconded by Woodburn, that Council approve the disburse- ments as amended. Motion carried unanimously. Payro I I Woodburn moved, seconded by Wingert, that Council approve the Payrol I as submitted. Motion carried unanimously. ) Informal Tree Removal Bids McNlesh reported that two Informal bids have been received to date: J. and B. Tree Cutting Whitesell Tree Service, Inc. v. -6- ) . Minutes of Regular Counci I Meeting Page seven August II, 1975 Woodburn moved. seconded by Wingert. that Cou~cll accept the apparent low bid of Whitesell Tree Service. Inc. for Village tree removal for the balance of 1975; If bids are received on August 12th. which appear to be lower. McNiesh to poll the Council. Motion carried unanimously. Other Business Wingert reported that Mr. Howard Moechnlg. Sol Is Conservation Service. Ramsey County Soil Conservation District, presented slides at the Planning Commission meeting, depicting services provided by his depart- ment at apparently no cost; strictly an advlsery service. with no regulatory powers. . Adjournment Wingert moved. seconded by Woodburn. that the meeting adjourn at 11:40 p.m. Motion carried unanimously. . · ~1!!1~ Clerk Administrator NOTICE OF MEETING The next Regular Councl I Meeting will be held on Monday. August 25. 1975. at the Village Hall at 7:30 p.m. - , ) ): -. . -7- J.' " , .