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HomeMy WebLinkAboutCC 04-14-1975 ~ " .1 MiNUTES OF REGULAR COUNCIL MEETING Vi Ilage of Ard,m Hi lis Monday, Apri I 14, 1975 ..7:30 p.m. V i I I a ge Ha I 1 CALL TO ORDER The meeting was cal led to order by Mayor Crepeau at 7:30 p.m. ROLL CALL Present - Mayor Henry J. Crepeau, Jr., Councilmen Robert Woodburn, Charles Crichton, William Feyereisen, James Wingert. Absent - None. Also Present- Vi Ilage Attorney James Lynden, Pollee Chief Pat Sexton, Human Rights Commission Chairman Richard Ericson, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. . APPROVAL OF MINUTES Woodburn moved, seconded by Feyereisen, that Council approve the Minutes of the Regular Council Meeting of March 31,1975, as amended. Motion carried unanimously. BUSINESS FROM THE FLOOR Mr. Richard O'I:elly Infroduced Mr. Donald R. Lamb, 3964 Dellview Avenue, Assistant Vice President of Burlington Northern Railroad, who may be interested In the Treasurer's position. After a brief description of the Vi Ilage Treasurer's position by Councilman and Acting Treasurer Crichton, Mr. Lamb described his education and work background. REPORT OF POLICE CHIEF PAT SEXTON Industrial Park Clean-up Sexton reported that business places in the industrial areas have been very coopnratlve in responding to his letter, requesting compli- ance with ordinance requirements re screening of outside storage etc. Sexton reported that screening of dumpsters appears to be a problem; some are located on loading docks, some below docks and some areas, If screened, are not accessible for haul ing. After discussion, Councl I concurred that dumpsters should be screened; if there are specific problems re compliance, they should be brought to Counci I 's aTtention. Sexton reported that about 52 residents were also contacted re our- door storage of boats, trailers, miscellaneous pleasure craft etc., not properly screened from view. Sexton said residents are coopera- ting, and resu:ts of these contacts should be noticeable by early May. Burglary Rapor",: Sexton reported 16 house break-Ins in the past month, four of which have been cleared up. Sexton reported recovery of most of stol~n articles from ~hree homes. . Sexton noted that citizens could aid the police department by: I. Closing garage doors when not at home. 2. Leaving lights on when not at home. 3. Watching each other's property. . 4. Cancel ing newspaper delivery when going out of town. 5. Joining Operation Identification. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Case No. 73-28. Hunters Park Fourth Addition Lynden referred Counci I to his letter of 4/11/75. After discussion, Crichton moved, seconded by Feyerelsen, that Council approve the Final Plat of Hunters Park Fourth Addition and the Open Space Easements and Covenants; authorizing the Mayor and Clerk Adminis- trator to execute same after City Attorney has assured the City that Dreyfus has mal'ketabla title, and tha'\' real estate taxes due and payable in 1975 on Out ots I and H have been paid, and the City has received a warranty deed conveying Outlots I and H thereto, which has been approved by thu City Attorney. Motion carried unanimously. -1- Mi~utes of Regular Counc; I Meeting Page two Apri I 14, 1975 Case No. 74-17, McDonald's Corporation - Traffic Study Report Lynden referred Counci I to the report from the Minnesota Highway, Department (4-2-75), noting that, while more traffic will be present, the Highway Department analysis indicates it should not be of a level to create serious problems or require a change In traffic controls, such as installation of a signal. ' Crichton questioned why a similar traffic load (less than 7000!day) warrants a signal at Lexington and 1-694, and not at County Road E and Highway 51 access at Connelly Avenue. Feyereisen indicated that the letter from the Highway Department satisfies his concern, but other aspects of the McDonald's proposal 4It remain unresolved, namely: I. Resolution of parking space for Flaherty's Arden Bowl (por- tion of proposed McDonald's site 15, uti lized presently for Flaherty's Arden Bowl parking). 2. Resolution of park dedication requirement (Ord. 98). ~. Resolution of prior stipulations placed on the Building Permit (screening, hours of operation etc.). . Crichton stated that he is still concerned about the traffic hazard; letter from the Highway Department does not have any material effect on the motion that "when and if a semaphore is installed at County Road E and Connelly Avenue, Counci I will authorize issuance of a Building Permit..."; if not a traffic light, something else must be done to resolve the hazard; dissappointed that traffic analysis did not look into this specific intersection where there are visual barriers and a unique traffic pattern; special hazards are Involved here - not so much the number of cars, but the complexity of this intersection; not sure a signal wi I I resolve the problem, but possibly islands, turn lanes, signs-or limited movement of traffic could be imp I emen-ted . Wingert noted that, in talking with residents and business people in this Immedia~e area, several "near misses" have occurred at this Inter- section; would I ike to see some resolution of this traffic hazard so It is not incl-eased;' perhaps a more detai led traffic study of this intersection should be requested. After discussion, Counci I concurred that there is a traffic hazard at this intersection; McDonald's operations tend to Increase traffic and the traffic hazard potential. Lynden reminded Counci I that there 15,no opportunity to obtain further studies prior to the trial which is scheduled on Apri I 16th re "res- taurant vs. drive-In issue", and asked the Counci I's opinion re rele- vancy of this issue. Feyereisen - not the substance for not granting the Building Permit; traffic hazard is main concern. . Wingert - traffic Is first concern, but sti II feels McOonald's opera- tion is a drive-in, under our ordinance definition - McDonald's, in the past, and at present, delivers pre-packaged food in a manner .hlch does not preclude pu'rchaser from eating it at home, in the car or In the bui Iding; therefore fits Vi Ilage ordinance description of a drive-in. Crepeau - Safety matter Is of uppermost concern; sti I I believe that McDonald's is a drive-In. Crichton - under the terms of our ordinance (Ord. No.99), McDonald's operation is a drive-in; we have worked with the applicant to permit construction, if possible, without the involvement of "restaurant vs. d rive - i nit. Woodburn- We are locally cognizant of the existing traffic situation at this location. McDonald's operations tend to increase traffic and the traffic hazard potential. Crichton noted that the Counci I is charged with rrovldlng safety for its citizens; this is what we are trying to accompl ish. -2- - - ______________ ___ __n_ __ __________ Minutes of Regular Counci I Meeting Page three April 14,1975 Lynden reviewed the stipulations of facts proposed, and expl81ned that McDonald's would be joined as a party plaintiff with Franchise Rea I ty '. Lynden explained that up to July 8, safety was not an issue; there-. fore may not be admissable. Pension Reform Act of 1974 - Guardian Life Polic~ Lynden referred Counci I to his letter of 4/1 1/1~ recommending no action is n3cessary on this matter. HUMAN RIGHTS COMMISSION - Affirmative Action Pol Icy Statement . Mr. Richard Ericson referred Counci I to the Affirmative Action Policy Statement, prepared by the City of Arden Hi lis Human Rights Commission, and requested that Counci 1 authorize the development of an Affirma- tive Action Pol icy Statement for the City of Arden Hi I Is, based on this suggested statement; also to develop a plan to encourage,compliance and interest by all businesses located in Arden Hills. After discussion, Feyereisen moved, seconded by Woodburn, that Council authorIze the development of an Affirmative Action Policy Statement for Arden Hi lis; a committee, to be ~ppoi~ted by the Mayor, to prepare a recommended policy statement for Counci I 's action and reaction in the near future. Motion carried unanimously. Janet Moore, a member of the Human Rights Commission, requested that the VI I lage's policy statement also encourage businesses within the Vi I lage to also have a statement. Crichton suggested that the two should be treated separately. Mayor Crepeau appointed C. McNiesh (chairman), C. Crichton, J. Wingert; W. James, J. Moore and R. Ericson to serve as a committee to prepare an Affirmative Action Policy Statement for Arden Hi lis, for Council's consideration. Feyereisen moved that Counci I ratify the Committee appointments by the Mayor. Motion was seconded by Crichton and carried unanimously. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Reiling Property - 3151 Lake Johanna Boulevard McNiesh referred Counci I to the Board of Appeals report of 3/3/75, and Mr. Reiling explained that he has had gasol ine in the tanks since July of last year, but is not operating the station, pending Council's determi~atlon re.the status of the service station use of the property. In discussion, Woodburn noted that the gasoline shortage could be considered an "act of God"; that the non-conforming service station use of the property which had therefore ceased for over one year (about 3 months over I year) was not Reiling's fault; Council should put him oack in business. . Crichton referred Councl I to the Board of Appeals comment re the non- conforming use clause (Ord. 99) ~ ;ntent is to not allow a non-conform- ing use to continue forever; non-conforming use was violated by not renewing license to operate the service station; suggest possible ordinance ramifications if Counci I extends the non-conforming use. Woodburn noted that a variance could be approved (Ord. 99 VD) because there is a "special condition" involved here - difficulty has arisen because of the difficulty in obtaining the product - not the fault of the property owner. Crichton noted that there are three reasons why thii land use Is non- conforming: I. Commercial use in R-2 zone. 2. Location of service station is closer to a school than ordi- nance permits. 3. Set-back of signs and bullding~ -3- Minutes of Regular Counci I Meeting Page four Api-i I 14, 1975 Wingert said his concern is the traffic generated by service stations, not necessarily the gasoline storage; reluctant to stretch a non- conforming service station use forever; has no concern re the grocery portion of the operation. , Feyereisen felt there was probably as much traffic with the grocery as with the service station. Rei ling said that there has been a gas station on this site since about 1930, anticipates grocery and station would generate about 1000 cars/month. Crichton asked Reiling about his plans, If the permit to operate the service statiorr is re-Instated. . Rei ling described the remode ling of the grocery/gas station operation as follows: I . Move grocery area to service station side of bui Idlng, which would be a more suitable location and better uti lization of the space. Rei ling explained that the grocery store Is over- crowded an9 part of the house is used for storage. Replace gas pumps with more modern equipment. Modernize exterior of the bui Iding by adding rough cedar siding (providing a more residential appearance) - an effort to make corner more aesthet~cally pleasing and provide a more functional operation. (Reiling said he would'no longer sell trai I.rs - this was an interim operation) . 2. 3. Crichton said that, as Woodburn and Feyerelsen pointed out, he agrees there are technicalities, through acts of God and difficulties Involved here, but he also feols that one of the problems has been aesthetics; If plans are submitted that do make this site more properly repre- sentative of Arden Hills, It could be a desirable solution for this difficult corner; maybe not the best solution for everybody, but cer- tainly a balanced conclusion - under those circumstances he said he could agree that the grandfather clause .has not really been violated. Woodburn and Crep03~ agreed they'd be very cognizant of the aesthetics and visual standards of this site in the future - that this has basi- cally been one of the problems. Rei ling said that he Initially expressed his desire to Improve the aesthetlcs,of the property; his proposed plans for the bui Iding wi II 'defi~~tely be an improvement. , It was the Council consensus that Re~rlng present plans for the remodel- ing to the Planning Commission for its recommendations to the Counci I. (Wingert to relay to the Planning C6mmission that It not concern itself with Ordinance details, but to consider the bui Iding plans from an aesthetic viewpoint.) . Resolution No. 75-18, Corporate Authorization Resolution Amendina Resolution No. 75-1 Wingert moved, seconded by Feyereisen, that Counei I adopt Resolution No. 75-18; authorizing its execution by the Mayor and Clerk Administra- tor. Motion carried unan~mously. Suburban Pick-up Service - Rate Change McNiesh referred Counci I to letter from Suburban Pick-up Service, ad- vising of a proposed rate change effective July I, 1975, from $3.50 to $4.00/month. After discussion, McNiesh was requested to ask Suburban Pick-up Ser- vice to substantiate this increase, since it Is the seco'nd rate in- crease within about a year. CErA Adult Work Experience Program McNiesh ,referred Counci I to her memo of 4/11/75. After discussion, Council concurred that the Vi IIage not participate In the Work Experi- enc Program. -4- , , Minutes of Regular Council Meeting, Page five Apri I 14, 1975 Approval of David Blackey and Dave Baden - Gymnastic Aides Crichton mGved, seconded by Woodburn, that Counci I approve the employ- ment of Oavid Blackey and Dave Baden as gymnastic aides at $2.25/hour. Motion carried unanimously. Claims and Payrol I Crichton moved, seconded by and Payrol" as submitted. Woodburn, that Council approve the r.lalms Motion carried unanimously. Signs on County Road E McNiesh explained that some signs along County Road E compll~d with set-back requirements at the time of Installation, but because of the widening of the road, are now in violation of the set-back requirements. . After discussion, Council concurred that applications for variance be required for all non-conforming signs, but the fee be waived, If the reason for the variance is because of a property line chan~e, as described (also applies to variances formerly granted, which are altered because of a property line change). Delin uent uti lit Bil Is - Pro osed Le islation After discussion of H. .11 , prohibiting late-payment charge of more than "/month on outstanding and overdue balance of utility blll~ and prohibiting collection of past due bi I Is with taxes, Counci I requested McNiash to advise our representatives that the Arden Hi lis Co~ncll b t.. ~ ' -zl#-L o ec ,Slt._, b~..V-"-.:' fY~.If'ee.II'';IItJ'ir~..L-r~~~ "'Y'~~, OTHER BUS I NE S iT Additional Appraisal - Lift Station Site on Old Highway 10 Woodburn reported that Mr, Bussard h,as requested that another appra i sa I be obtained of the lift station site and agrees to spilt the cost,of this third appraisal. After discussion, Woodburn moved, seconded by Crichton that Council authorize McNiesh to request Mr. Pomerenke and Mr. Elm~uist to name a third appraiser; cost to be split between Mr. Bussard an~ Arden Hills. Motion carried unanimOUSly. (Woodbllrn noted that the result of this appraisal is not binding to either side.) Round lake - Open Space Crichton noted that Ramsey County proposes to acquire acreage around Round Lake for Open Space and reporTed that the Parks and Recreation Committee has proposed a meeting with residents of the area and Ramsey County Open Space re the proposed Round lake Open Space acquisition. ,Resolution r~tra Duties for Employees on Monthly Sala~ Deferred to next Council meeting. Townhouse Villages Fire Feyereisen referred Counct I to memo from Bui Iding Inspector Squires (4/11/75) and reported his concernsre rapid spread of this fire. . After discussion, Feyereisen moved, seconded by Woodburn, that In order to Insure future safety of occupants of multiple housing unit~ under construction, the Counci I request the Sui Idinglnspector to see that; o-t-tt'o .'#'l,.} . I. Sheetroc~i applied to all floor, cel ling and wal I com- ponents as soon as possible during construction period. 2. No unit is occupied until al I units of the same structure have been sheet-rocked or plastered. 3. Building Inspector is notified when owner-buyer' of the first unit in each structure plans to occupy same. 4. A letter from the Bui iding Inspector, approving occupancy of each total structure, is issued before occupancy is allowed. Motion carried unanimOUSly. (Lynden to re-wrlte in final form, if necessary, prior to sending copies to Mr. james Hi II and Bruce Fahr, Pemtom, Inc. and to Mr. Holderness, Dreyfus Interstate Developmen~ Corporation,) -5- > .. Minutes of Regular Counci 1 Meeting Page six Apri I 14, 1975 Tennis Court Lighting - Letter from Tieso Electric After discussion of letter from T1eso Electric re-status of lighting project, Council concurred that contract requires project to be com- plete and operative by April 15th; $IOO/day penalty is to be applied for non-compliance after Apri I 15, 1975. (McNIesh to relay Councl I action to Tleso Electric.) Lake Johanna Fire Department Relief Association _ Proposed Leglslatio~~__. ~~,gd1?i~ sslon, Feyereisen moved, seconded by Wingert, that Councll~ '~e enabling legislation proposed for the Lake Johanna Relief Association. Motion carried unanimously. . Crichton moved, seconded by Wingert, that Council Instruct the Clerk Administrator to request Mr. Hedlund to advise Counci I of rationale for $4000 payment from municipalities In 1975. Motion carried unani- mously. Park Access Proposal - Floral Park Feyereisen reported that a lot split application on Indian Oaks Trai I, to be considered by Counci I on Aprl I 21, may provide an opportunity for Councl I to obtain an access to Floral Park from the north. Resolution No. 75-19 re Metro Councl I Crichton moved, seconded by Woodburn, that Council approve Resolution No. 75-19; authorizing its execution by the Mayor and Clerk Administra- tor. Motion carried unanimouSly. (Copies to be sent to our Representatives and Senators, Committee members, Governor, Chairman of Metro Counci I and Metro Council District Representative (Arden Hills).) Adjournment Woodburn moved, seconded by Crichton, that the meeting adjourn at 12:10 a.m. ~~~ Charlotte Me lesh Clerk Administrator ,Notice of Meeting: The next Council Meeting wi I I be held on Monday, April 21, 1975, at 7:30 p.m. at tile Village Hall. . -6- .