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HomeMy WebLinkAboutCC 05-12-1975 , " ,! MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, May 12, 1975 - 7:30 p.m. VIII age Hall CALL TO ORDER The meeting was called to order by Mayor Crepeau at 7:30 p.m. ROLL CALL Present - Mayor Henry J. Crepeau, Jr., Councilmen Charles Crichton, Robert Woodburn, William Feyerelsen, James Wingert. Absent - None. Also Present - Public Works Supervisor Hans Johansen, Village Attorney James Lynden, Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm. . APPROVAL OF MINUTES Wingert moved, seconded by Feyerelsen, that Counci I approve the Minutes of the Regular Council Meeting of April 26, 1975, as amended. Motion carried unanimously. " BUSINESS FROM THE FLOOR ., I.C. Systems Mr. John Erickson and Mr. Dan Grote, I.C. Systems, Inc, described an alternate proposal to Councl I, In which an escrow account would be established, in lieu of lease Insurance, as proposed In the original resolution. After discussion, Counci I referred the matter to Lynden and Popovich for report and recommendations to Council. REPORT OF PUBLIC WORKS SUPERVISOR HANS JOHANSEN OSHA Equipment for Lift Stations and Water Tower Johansen neferred Counci I to his ~emo of 5/7/75 re Lift Station Safety Devices, recommending Installations at all 11ft stations, ~xcept 66, which Is only 13'6" In depth and has a platform about t way down; also recommending purchase and Installation of safety cable for water tower. Johansen noted that Public Works maintenance can install equipment in the 11ft stations, but requests that water tower Installation be contracte d. Woodburn moved, seconded by Crichton, that Counci I approve the purchases, as documented In memo of May 7, 1975, except for Lift No.6. Motion carried unanimously. (Johansen was requested to obtain costs for installation of water tower cable. Equipment to be charged to Public Works Reserve Fund.) Summer Maintenance Employees Crichton moved, seconded by Wingert, that Counci I authorize the employment of two Summer Maintenance employees as requested - Ron Teory @ $2.50/h~ and Steve Zehm @ $3.75/hr. Motion carried unanimously. . Bethel Master Meter - Status Report Johansen reported that test made last Tuesday failed to meet specifications and referred Council to letter from Lee Reichert (5/8/75) advising meter can be used now and that Reichert will attend May 19th Councl I meeting to discuss the meter Installation with Council. Johansen said he sees no advantage In using meter at this time; proposes no more tests be made unti I after this college session (about 5/30/75). State Ai d Roads Woodburn reported that the appropriate time schedule for State Aid Road repair and construction was discussed by the Public Works Committee. Woodburn noted that both Hamllne Avenue and County Road F had been -I .- ./ ~dnutes of Regular Counc!' Mec;ting Page two May 12, 1975 considered for Immediate repairs (1st and 2nd priorities); Harriet Avenue construction (3rd prlor'lt;-). but after review of proposed construction, with access roaes onto County Road F and Hamllne Avenue (Cardiac Pacemakers), and the .)roposed widening of Lexington Avenue, the appropriateness of repairing these roods ot this time wos questioned. Johansen noted that the VI Ila~e is entitled to an additional .53 of a mile of State Aid ro~ds, which should be designated. Suggested waiting for determination of Highway Department re designation of frontage roads since Highway Department has Indicated they may be turned over to the municipality and they could be added to the Village State Al d system. . REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Case No. 74-17, McDonald's Cor~oration - Sui IdlnQ Permit Lynden referred Council to his letter of May 5, 1975, re Franchise Realty Interstate Corporation vs. City of A:-den Hills, and attached Findings of Fact. Counci I concurred to not move to appeal or amend the Findings of Fact, and to proceed with consideration of the Building Permit application; noting that the 1'01 lowing items must be resolved before a Building Permit can be approved: I. Potential traffic problem at Count! Road E and Connelly Avenue (McDonalds and City to work out an amenable solution). 2. Lot spilt accompl ished. 3. Landscape plan approved. 4. Park Dedication approved. 5. AdeqUate!.!:i:~ fo:- Ffaher'rY'~~~fA~~~. (It was noted that the lot spli+ and parklng modification applications submitted by Flaherty's, wi II be considered by the Planning Commission on June3rd and subsequently by the eounc! I on June 9th.) Randy Berg stated that It was his underst&~jlng that traffic Is not something on which the Bui Iding Pe,-mlt can be delayad, and that the lot split can be accompll!ihed after Issuance of the Building Permit - not a prerequisite to Issuance of yhe Building Permit. Lynden referred to Ordinance No. 98, Soc. 13(Dlrequlrement 4. which must be resolved before issuance of a Building Permit to McDonald's, because "minor subdivision" will result in a reduction of Flaherty's off-street parking, placing Flaherty's In violation of one of the performance standards of Section IV, Ord. 99. Lynden stated that he has explained to the attorneys for McDonalds the Items which must be resolved prior to issuance of a Building Permit. . Crichton noted that it is not his intention, as a member of the Council, to delay McDonalds; -!-he City is no';' requesting the lot spIlt - this is requested by Flaherty's, and must be resolved before McDonald's has a site on which a bul fdlng permit can be Issued; there Is a traffic problem which must be resolved; off- street parking for Flahertys which must be resolved, park d~dlcatlon which must be resolved - all prier to issuance of the Building Permit for McDonalds. Mr. Max Goracke advised that McDonald's desires to start construction as soon as possible; hopefully all can be resolved at Council meeting on June 9th. Counci I advised that Flaherty ~ho~ld consult with Planner Fredlund te site plans for parking modifications. Ordinance No. IB7, Amendlnq Personnel Ordlnence.AddlnQ Tenth Holiday and Funeral Leave Lynden read Ordinance No. 187 in Its entirety. Crichton moved, seconded by Wingert, that. Council approve Ordinance No. 187, AN ORDINANCE-AMENDING ORDINANCE NO. 83, AS AMENDED, THE PERSONNEL ORDINANCE, BY ADDING PROVISIONS REGARDING FUNERAL LEAVE AND FLOATING HOLIDAY, as amended. Motion cerrled unanimoUSly. -2- Minutes of Regular Couni I Meeting Pag" th res May 12, 1975 .Y.l.lJ~Hall Property Crichton referred Councl I to pending VI I lage Hall property purchased from to Lynden to resolve. clarIfication of title re Grudnoske. Matter was referred Proposed Newsletter Crichton suggested the possible use of New Brighton BulletIn as a means to inform Arden Hills cItizens of Village Councl.l and Committee matters under consideration; suggesting a partial subscription subsidy by the Village for Interested citizens. Matter was referred to Lynden <)r legal opinion. . Contract Employees Crichton reported that Village Inspectors are currently considered to be contractors with the Village, but I tappears that PERA may Interpret that these people are controlled by the munIcipality and are therefore employees. Matter was referred to Lynden re resolution to maintain these persons on a contract basis. Zonl~Ordlnance Amendment Re Restaurants . Woodburn suggested that an amendment to the Zoning Ord. re restaur8nt~ be implemented as soon as possible, prior to' the proposed revision of the entire ordinance. Counci I requested Lynden to prepare a draft of the provisions for 3 restaurant types. A Publlc,Hearing will be required on the proposed Zoning Ordinance Amendment. Trai lar Park Occupancy Permit Feyereisen suggested that an Occupancy Permit be required prior to occupancy of. a mobil~ home at the mobile home r,ark. Lynden indicated that this provision can be included In the Special Use Permii" and r~ferred Council to Ordinance No. 147, Section 6.4, which restricts occupancy of mobile homes to the owners of such mobile homes, on the basis that owner-occupancy is more likely to result In a well-maintained mobile home... Adams and Van Putten saId they had no objection to this requirement. Rezon i n~ Request Mr. Leonard Grudnoske said that his father was not aware that his property, at Highway 96 and Hamline Avenue, had been. rezoned by the Vi I lage from Commercial to R-I residential, and asked the Councl i If it did not have to describe property that is to be rezoned and advise the owner, prior to rezoning. . Lynden advised that a notice had been published, and written notices mai led to all Arden Hi lis property owners, regarding the proposed zoning changes and notifying them of a Public HearIng on December 13, i966; this Is considered to be adequate notice. He said no complaints re the re-zoning have been received since the re-zonlng was effected. . Grudnoske asked If the VI I lage Intends to enlarge It's property holdings along Highway 96; if not, asked that Councl Ire-consider the residential zoning of the Grudnoske property, adjacent to the Vi I lage property on Highway 96 to Commercial. Crichton advised that Counci I will discuss Mr. Grudnoske's request when the Counci I considers the adoption of the Comprehensive Development Plan. Arden Manor Landscape Pian Van Putten presented copies of the amended Landscape Plan which includes fencing along Highway 96, sign sizes and locations, lighting, tot lots, roads, parking area. It was noted that the proposed storage area is not entirely within the area described In the legal description of the property, a tot lot on the northeast side of the park has been omitted, lights are not on legend, tne publ ic access road and parking lot are not designated as public, drain at 5,outheast corner of recreatibnal park Is not designated. Plan was referred to Planner Fredlund for his report to the Councl I at the May 19th Counci I Meeting. -3- ~linutes of Re9ular Counci I ~1eeting Page four May 12, 1975 Van Putten requested that Counci I permi t Mr. Adams to comp lete the soddl n9 of the 51 lots I n phase one of the deve lopment and to sod the next 49 lots; also to permit occupancy in the second phase (next 49 lots) prior to completion of the Community Building, because the first 51 lots are almost entirely sold and there will be an approximate two month period between complete occupancy of 1st 51 lots and the completion of the Community Bui Iding. (21 homes are now occupied In the 51 lot first phase - anticipate all lots wi II be sold and occupied by June 1st..> Mr. Corky Fisher stated that a "real hardship" has been placed on home owners not permitted to occupy their homes in the park - not only on those In occupancy. After discussion, Feyerelsen moved, seconded by woodburn, that Counci I allow Arden Manor to sod the fl rst 51 lots, at I tIs own risk. Motion carried unanimously. (Crichton noted this action does not jeopardize Counci I action on the Amended Special Use Permi 1'). Van Putten asked Council if Adams can resume work on the Community Building at his own rIsk; fears losing his workmen If work Is delayed. Counci I concurred that Adams should complete all loose ends .and did not grant permission to continue work on the Community Bui Iding prior to Counci I consideration of the Amended Special Use Permit on May 19th. Counci I concurred that an addi ti ona I vari ance from Ordi nance No. 147 be approved - that tie-down of mobiie homes be optional. Feyereisen reminded Adams that additional occupancy of the park, beyond 21 homes now occupied, prior to approval of the Amended Special Use Permit, wi II subject Adams to a $300/day fine. REPOST OF ACTING VILLAGE TREASURER CHARLES CRiCHTON Investments Crlch~on reported that $55,001.00 has been deposited in the savings account (First National Bank of St. Paull pending its Investment, with additional funds, on May 19th. Vi I lage Treasurer Appointment Crepeau reported that Mr. Donald Lamb has expressed an interest In the appointment as Village Treasurer and, after discussion, Crepeau appointed Donald Lamb as Village Treasurer for the balance of 1975. . Feyereisen moved, seconded by Crichton, that Counci I approve the Mayor's appointment of Donald Lamb as Vi Ilage Treasurer for the balance of 1975, at $90.00/month, effecti ve June I, 1975. Motion carried unanimously. Com~hensive Development Plan Wingert referred Councl I to the comments of the Metro Counci I re the Comprehensive Development Plan (3/25/75), and suggested that Counci I comment on each of the Metro Counci I recommendations fi rst, and thin comment on proposed changes to the Plan. I. On p.4 of Plan Review by Metro Counci I re census figures, Fredlund was requested to insert correct 1970 census figures and to add projected 1980 and 1990 estimates (not necessarily the Metro Council's projections) it was suggested that the Comprehensive Uevelopment Plan Map be used to ascertain projected census at highest density possible when Village is completely developed. -4- . M;ntd"us 0'[ Hegu I ar~ Counci l Meati ng Pose '[!ve ) , ~.lay 12, 1975 2. Need of Standards was disC'ussed. Counci I generally concurred to skip over the standards at this time. It was noted that we do have Parks and Open Space Standards,- might be more logical to take some of the park standards oUT (so Plan will nOT be so "binding".) 3. Transportation. Counci I noted that the Village has several bus routes currently in operation; has requested other routes, which have not been installed. It was noted that Counci I wi II continue TO review possibilities for transportati on '-outes. Coul1ci I noted that a paragraph be inserted referring to general polley No. 24 on page 8 re performance standard controls. . "4. Sanitary Sewers. It was noted that the Village Is currently monitoring Its sewer collection system; a sentence should be inserted which states this fact. 5. I~atural Resources. Counci I noted that the Vi Ilage wi I I ~ork wlth the State regarding shoreline management. 6. Recreation Open Space. Counci I decided to leave that section as it Is. 7. Housing. After discussion of the existing balance of housing in the Vi Ilage (single-fami Iy detached, single- 'family attached, apartments, mobile homes), Council requested Fredlund to Insert a paragraph noting the various housing types; possibly el imlnatlng the "10% optimum for apartments" statement, but describing and defining a moderately reasonable balance to be effected between single-fami ly de"tached and other types of residential housing. . Plan Review Ccune: I 'noted the following proposed changes on pages I thru 15: p. 3, No.7 - Flagged as a question. p. :i, No.2 - ... will be checked for conformity... (Question: By whom?) Wingert suggested this would be a proper function of the Planning Consultant. p. 5, No.3 - reworded: The City Plan shall be amended to reflert any change in zoning, subdivision practice or other development approved by the governing body. D. 6, No.9 - Omit last sente'1-:e in Its entirety. p. 8 - Add: No. 26. Land wi II not be developed in such a way as to Increase either the speed or quantity of wGter run-off. - Re apartment pol icies - Fredlund to give Counci some suggestions at the next meeting - Instead of iO% figure. - I. was discussed and flagged for later re- consideration. p. 14 No.ll- <Transportation Pol.ieies) - Addec:: Wherever possi b Ie these wi I! 011 "through" streets rather than "dead end" streets. No. 4- Delete "Darks and recreation facilities" and substitute "land for public use" - (;ricnton agreed to propose re-wordlng this to make It more definitive (not limited to parks and recreation). p, 15, No.5 <Top of page) Word omissions were School facl I itles should be mora by re que s tin g th a t b u i I din gs - an d avai lable ... No.5 and. (Subdivision ~ollcles~ after discussion, Feyereisen a9r~~ci iu rb~~rJ to clarify intended meaning. p. 9 p. 10 Inserted: fully ut'i1ized land ~ !'Iecle REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCN1ESH Claim~ and Payroll Crichj'on moved, seconded by wingert, that Counci I approve the Claims -5- : " . . t~in"t..s of Regular Council Meeting Pa ge six May 12, 1975 and Payroll as submitted plus payment to Steve Flogg ($24.00) and Apri I Lonergan ($66.50). Motion carried unanimously. OTHER BUSINESS Penny's Si~n - Arden Plaza After review of drawings submitted, Wingert moved, seconded by Feyerelsen, ~hat Councl I approve the variance from the slon criteria fo~ Penny's grocery In Arden Plaza. as per dfa~lngs da~ed 4/21/75~ Motlo~ carried unanimously. . Department of Natural Resources Meetin~ Woodburn reported that the regulations wil I probably not be ready unti I about July - proposes large lots around lakes, which will be in conflict with Metro Council's proposed "smaller lot" require- ment. ~uburban Rate Authority Meetin~ Feyerelsen reported that George Hess has been hi red to study rates- proposal that all "usersfl pay same rate is being considered. Feyereisen said that St. Paul and Minneapolis are no longer a part of the Suburban Rate Authority. Midwest Ambulance Crepeau reported that Midwest Ambulance has requested the use of the Vi Ilage storage bui Iding on New Brighton Road to garage their medi-cab ambulance. Counei I noted that bui Iding is currently usad by the Publ ic Works and Parks Departments for storage; therefore, this bui Iding is not ava! lable at this tIme. Underground Tanks - 1273 West County Road E Crichton moved, seconded by Woodburn that the time for l!9!!!ld~~!&lg TanKS be extended to June 9, 1975. Motion carried unanimously. Adjournment Crichton moved, seconded by Wingert, that the meeting adjourn at 12:45 a.m. 0~~ Charlotte McNlesh Clerk Administrator Notice of Meeting The next Special Council Meeting wi II be held on Monday, May 19, 1975, at 7:30 p.m. at the Village Hall. . -6-