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HomeMy WebLinkAboutCC 03-31-1975 . MINUTES OF REGULAR COUNCIL MEETING Village of. Arden HI'Is ~Ionday, March 31, 1975 - 7:30 p.m. V i I I age Ha I I 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 William Feyereisen, James Wingert, Charles Crichton. Absent - Councilman Robert Woodburn. Also Present - Attorney James Lynden, Treasurer Richard O'Kelly, Parks Director John Buckley, Building Inspector Larry Squires, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zahm. APPROVAL OF MINUTES Crichton moved, seconded by Wingert, that Counci I approve the Minutes of the Regular Council Meeting of March 10,1975, and Special Counci I Meeting of '.1arch 17, 1975, as amended. Motion carried unani- mously. BUSINESS FROM THE FLOOR None. REPORT OF PARKS DIRECTOR JOHN BUCKLEY 'Approval of Park Maintenance Employee ~ohn Kra~ . Crichton moved, seconded by Feyereisen, that Counci I authorize the hiring of John Kramer as Park Maintenance Employee at $4.25/hour. Motion carried unanimously. Request for Time Extension - Tieso Electric Buckley reported that the Parks Committee discussed the request from Tieso Electric, to extend the compietion date for the Arden Hills Tennis Court Lighting project, and ex~se...(l.4!:th~...!;.~~~2~ i:(lat~ extension requested I/ould not affect ~1!iIIlii" _-=-.4~'c.JV -11. -T-' Crichton noted that ~he Committee expressed concern that work will not be completed on schedule, especially since Councl I already granted an extension of time unti I Apri I I, 1975, which Tieso Electrif: had indi- cated would be adequate, and had agreed that a $IOO/day penalty be added as of April I, 1975, if project \~ere not completed by that date. Wingert expressed concern that the School District tennis program may be interrupted; Tleso had realized that the work would necessarily be done in Inclement weather; area will soon be muddy, and present another construction problem. Feyereisen noted that e:<tenuating circumstances (snow and Ice bulld-:up, difficulty in obtaining materials) should be considered by the Counci I, and allowances should be made for such cirCu~5t~nce5. Lynden referred Counci I to the letter from Tleso Electric, in which the reason for the time extension is stated. He advised that contract .extensions are generally granted when circumstances are beyond the control of the contractor. . After discussion, Wingert moved, seconded by Feyereisen, that Counci I approve e)(tending the completion date to April 15, 1975; penalty of $IOO/day to be appl ied as of that date. Motion carried (Wingert, Feyereisen, Crepeau voting in favor of the motion; Crichton voting in opposition) . Community Gardens Buckley reported that Northern States Power Company and Mr. Joseph Bussard have indicated their V1jlfjn:~ness to provide community garden plots on their properties again this year. He said he will also meet with Mr. Fran Husnik re possibifityof a third garden plot area, in the triangle between Snelling Avenue, Highway 96 and Highway 10. Buckley noted that the Vi Ilage Agreement with NSP is continuous until voide~; agreements with other property'owners will be so-worded. -1- Minutes of Regular Council Meeting Page two March .31, 1975 Camera Purchase Buckley referred Council to his memo of 3/28/75 re camera data and cost comparisons. After discussion, Buckley was requested to list " '- ~ camera features he needs to provide park publicity. Tree Remova I Buckley reported that Johansen has scheduled the removal of the diseased trees from the Booster station property this week. . Shade Tree Short Course Wingert moved, seconded by Crichton, that Counci I authorize the attendance of Buckley at the Shade Tree Short Course, University of Minnesota, on Apri I 4, 1975, at a cost of $10.00. Motion carried unanimously. beafPlck-upProposal Crichton reported that the Parks and Recreation Committee recommends ~4--Mt:-v-tThtge obtain---<l-hilf "llCJ.Wlll_~for fall leaf plck-up.....all.that a mulch pi Ie be maintained for use In the VI I lage parks. Matter was referred to Public Works Committee for recommendations to the Council. REPRESENTATIVE HOWARD NlF5EN Repre-s-entatTve NTs.sen-rep-orted the status of severa I House and Senate Bills. He thanked Councl I for Resolution re Open Meeting Law, and requested support in d~feat of legislation proposed to Increase Metro Counci I mill rate. REPRESENTATI VE STEVE N.QVM Rep-.re.sentatTve..N.o.vak. reported that H F939, re I at I ng to Lake Johanna Voluntee~ Fire Department pension increase, has passed Committee and is scheduled for floor action in the House on Thursday. Novak re- J/2Ued .iMl rece I ved the B i I I 5 day sago, unawa re that It h ad not lleen "'~-"<-by munucipalitles involved (Shorevlew, North Oaks, Arden Hills), and reviewed the data presented for Councl I reaction. After discussion, Councl I agreed to meet with Hedlund, President.of Lake Johanna Volunteer Fire Department Relief Association, in an effort to verify date presented, and to then advise Novak of situation. (Meeting was tentatively scheduled at 7:30 p.m. on Tuesday, Aprl I I, at the Arden H I II s V I II age Ha I I) . REPORT OF VILLAGE ATTORNEY JAMES LYNDEN gase No. 74-36, Oark Dedication Agreement - C. G. Rein Lynden reviewed the Agreement to Convey Land, between C. G. Rein Com- pany and the City of Arden Hi lis, noting an insertion to be made in line 2, page 2, thereof, as follo.iS: "..~ and convey, at closing by Warranty Deed, a parcel of I and. . ." . After discussion, Wingert moved, seconded by Feyereisen, that. Council approve the Agreement to Convey Land, as presented, with change noted; authorizing Its execution on behalf of the City, by the Mayor and Clerk Administrator. Motion carried unanimously. Contract for Deed - Cummings Property Lynden referred Council to his letter of 3/27/75, re Acquisition of Marion R. Cummings' Property and recommended CouncJ I approval of Con- tract for Deed. Crichton moved, seconded by Wingert, that Council approve the Contract for Deed, authorizing its execution by the Mayor and Clerk Adminis- trator on behalf of the City of Arden Hi lis. Motion carried unanimously. Feyerelsen moved, seconded by Crichton, that Counci I authorize checks in the amount of $9,979.64, in payment of balance of down payment, and $8,151.61, ,In payment of delinquent taxes due ($6,149.25) and real estate taxes due in 1975 ($2,002.36). Motion carried unanimously. -2- Minutes of Regular Counci I Meeting Page three March 31, 1975 Ordinance No. 186, Establishing Shade Tree Disease Prevention and Control Program and Repeal ing Ord. No. 102 - Final Reading Attorney lynden read Ordinance No. 186 in Its entirety. After discussion, Crichton moved, seconded by Wingert, that Council adopt Ordinance No. 186, AN ORDINANCE ESTABLISHING A SHADE TREE DISEASE PREYENTION AND CONTROL PROGRAM, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND REPEALING ORDINANCE NO. 102, as amended. Motion carried unanimously. REPORT OF VILLAGE TREASURER RICHARD O'KELLY . Resignation O'Kelly advised that Railroad Retirement Act prevents him from continuing as Village Treasurer for Arden Hi lis, and there- fore he must submit his resignation effective March 3i, 1975. Crichton moved, seconded by Feyereisen, that the Council adopt a Resolution accepting, with regret, the resignation of Richard O'Kelly .as Village Treasurer, and declaring a vacancy exists for the posi- tion of Treasurer. Motion carried unanimously. After discussion, it was determined that the following actions must be taken Immediately: I. Appoint an Acting Treasurer. 2. Audit be made of Treasurer's records. 3. Banks be notified to up-date their records. 4. Acting Treasurer be bonded. Mayor Crepeau appointed Counci Iman Charles Crichton to serve as Acting Treasurer. Wingert moved, seconded by Feyereisen, that Counci I ment of Charles Crichton as Acting City Treasurer. unanimously. approve the appoint- Motion carried Investments O'Kelly I'eported the following investments: March 18, 1975 - $100,000 at Northwestern National Bank, for 62 days at 6.20%. March 19, 1975 - $40,000 March 31,1975 - Si25,OOO .F~ for 13 days at' . f:~ unti I May I, 1975 at ~ O'Kel Iy s~ggested that if Interest rates are down, smal I sums might be temporarily deposited In a savings account untl I combined with a larger investment. Feyerelsen moved, seconded by Crichton, that Council ratify the Invest- ments. Motion carried unanimously. . , McNlesh was requested to arrange for an audit of the Treasurer's re.cords and to arrange for a bond for Acting Treasurer Charles CrIchton. REPORT OF BUilDING INSPECTOR LARRY SQUIRES Squires referred Counci I to his memo of 3/19/75, and reported that he and Chief Sexton discuss the various orainance violations, as they are noted, and decide the best method to handle in order to rectify same. In discussion re signs, it was noted that there are several signs with- in the arsenal grounds, not included in the Sign Survey. Squires ad- vised that the Vi Ilage does not have jurisdiction to license within the arsenal property, as far as he knows. McNlesh reported that there has been n~ response, to date, from letters sent re non-conforming signs. Buckley and Johansen were requested to relocate any Vi lIage-owned signs whIch are not now in conformance with the Sign Ordinance. -3- Minutes of Regular Counci I Meeting Page four March 31,1975 In review of McNiesh's memo of 3/21/75, re 1975 Sign and Billboard Licenses, Counci I concurred with the following actions suggested: I. If sign was licensed in prior years, give written 30 days notice of violation and charge late payment fee. . 2. If no permit or license, give written notice and 30 days for comp I i ance. 3. I f non -con form i ng signs have been prope rl y . licensed, and been granted a variance, they may remain; If no variance has been granted, they should be given the option to apply tor a variance or to change sign so it will conform. Councl I determined that the size of For Sale and For Rent signs, in Commercial and Industrial zones, not be Increased In size, as proposed. Council concurred that Squires be authorized to use a "commo~ sense" approach re the licensing of "Insignificant" signs (I.e. directional and informational signs). COMMERCIAL REVENUE BOND REQUEST - CARDIAC PACEMAKERS Mr. ueotfrey Rogers, Miller and Schroeder, Introduced Mr. Arthur W. Schwalm, Chief Executive Officer, Cardiac Pacemakers, Inc., Mr. Don Dietz - finance, Mr. Lloyd Bergquist - architect and Mr. Larry McGough _ general contractor. The site of the proposed construction was described as 10 acres in size at the northeast corner of Hamline Avenue and Cou~ty Road F; site coverage by building is to be approximately 3 acres of the 10 acres. Mr. Schwalm explained that the $3 mi Ilion bond Is for construction on the 10 acre site; also have a 5 year option, with additional 5 year option renewal, on the balance of the site (total site Is 22.4 acres). In review of the site, it was noted that accesses are proposed at Hamline Avenue and County Road F. Crichton stated that the Vi II~ge is concerned that developments not increase surface water run-off, and noted low areas on the total acreage which could be uti I ized as ponding areas. The building was described as being a 2-story structure, with I story exposed to the northwest, covering about 3 acres of the 10-acre site. Preliminary drawings of elevations and grade changes were shown, to Indicate the scope and aesthetics of the project. The bui Iding was described as employee-oriented, an "exciting image" for the City and designed for energy efficiency. A proposed construction schedule was anticipated 8S follows: Start construction Occupy Complete occupancy June I, 1975 June, 1976 mid 1977 . Maximum employmen1. in this faci Ilty was estimated at 400; anticipate maintaining both tacll itles (1140 Red Fox Road and Haml ine/County Road F). Mr. Schwalm advised that Cardiac Pacemakers, Inc. Is an "affirmative action" employer. In discussion of why they are requesting this type of financing, Mr. Schwalm said, It will provide 100% financing and interest will be lower than the commercial rate. . After review of the Resolution, Crichton moved, seconded by Wingert, that Counci l adopt Resolution No. 75-17, RESOLUTION RECITING A PRO- POSAL FOR AN INDUSTRIAL DEVELOPMENT PROJECT GiVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOP- MENT ACT AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT. Motion carried (Crichton, Crepeau, Feyoreisen voting In favor of the motion. Wingert abstaining). -4- ~Iinutes of- Regular Counci I Meeting Page fiv9 March 31, 1975 nllu CITY CHRISTIAN HOMES - REVEREND LARRY PETERSEN Reverend Larry Petersen and Mr. Jerry Saterbak presented revised plans and a summary sheet for Council's review. Saterbak explained that the project has not been changed In scope; schematics have been changed. Saterbak noted some of the changes as follows: . I. Nursing unit is shown on site plan. 2. Access is now only on Old Snelling Avenue. 3. Core bui lding and its three wings are served by a circular drive, which changes elevations somewhat in area of core building. 4. Park area is shown on west portion of site (4.82 acres), with access to park area from County Road E. It was noted by C06nci I that an "emergency exit" (second access road) is not included on the amended plan. Saterbak said that an emergency access could be developed from County Road E, as part of the park development, If a second road access is needed. In discussion, Petersen said a walkway to Bethel Col lege Is not antici- pated at this time, but there is a posslbl I Ity for a "culvert walkway" under the rai Iroad tracks, at one point; did not anticipate an over the tracks access to Bethel Col lege - mobile transportation Is proposed. Saterbak said that the number of units remains at 150; revised plan includes more I-bedroom units and cuts down on number of studio units; anticipating 14% couples (a design decision). Saterbak stated there are ramps and elevators provided through the complex, as well as steps. Counci I noted that the revised plan appears to meet the general plan recommended by the Parks and Recreation Committee, and eliminates the access to County Road E; an attempt to reduce density is Indicated, and the concerns re traffic, headlights, noise, etc., expressed by residents, have apparently been resolved. It was noted that the tax status is an issue which apparently remains unresolved. Mr. Petersen explained that the type of financing obtained wi I I dictate the tax status. After discussion) Crichton moved, seconded by Feyerelsen, that Council refer the amended plans to the Planning Commission for Its recommenda- tions to theCounci I. Motion carried unanimously. (Oetersen said he'd have something "firmed up" re the tax status of the project for that meeting.) Wingert advised he would schedule the meeting with the Planning Commis- sion as soon as possible; can possibly schedule at Aprl I 15th Special meeting. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH . April Council MeetinS-2chedule Crichton moved, seconded by Wingert, t1at Co~nci! meetings be scheduled at 7:30 p.m. on Apri I 14th and Apri I 28th, and a Special Counci I meeting be held on Apri I 21st 3t 7:30 p.m. Motion carried unanimously. Sign Ordinance Enforcement (See Report of Building Inspector Larry Squires) ~yroll Wingert moved, seconded Payroll, as submitted. by Feyereisen, that the Council approve the Motion,carried unanimously. Crichton agreed to prepare a resolution stating that It Is not the intent of the Councl I to reimburse employees paid on a monthly salary basis for overtime or extra duties. -5- Minutes of Regular Counci I Meeting Page six March 31, 1975 OTHER BUSINESS . Arden Manor - Temporary Extension of Special Use Permit Wingert reviewe4 the status of the Planning Commission's deliberations re Arden Manor's application for an Amended Special Use Permit, re- porting the following: I. Public Hearing has been hel4. 2. Several issues remain to be resolved: a) Storm shelter' - adequacy .of' space provided in amended community bui Iding plans. b) Landscape Plan - re-review of plans by Planner. c) Attorney's report re whether State Codes supercede Village Ordinances. 3. Anticipates recommendations to Council ",III be composed by the Planning Commission at its April 1st meeting. Wingert explained that since the original Special Use Permlt,has ex- pired, current construction on the site is at the developer's risk. Several residents of Arden Manor were present, and expressed the following concerns: I. Landscaping is not completed in the area where mobile homes are located and occupied. 2. No garbage disposal system Is provided - garbage has to be hauled to old portion of park by resi~ents (exit onto Highway 96 and drive to Highway 10 and then north to old portion of park) . 3. Snow removal has been poor - at best, only one lane of travel in the park. 4. Only wood-sided homes were to be p~rmitted in the park; appar- ently metal-sided homes are now to be included. Want only wood -s I de as prom i sed - unde rstand a meta I home w I II be moved Into park on Aprl list. 5. Trai lers are parked on the roads, In the park, leaving only I lane open for traffic - no access for an emergency vehicle if one were needed (5 trai lers on the roads tonight). 6. Storage sheds are not completed - do not feel that residents should have to finish the fronts of the sheds, which are permanent bui Idings, and part of the park. After discussion, Feyereisen moved that Councl I cause al I Bui Idlng Permits to be suspended (Community Building and lots); park be checked to see that no metal-sided homes are In new portion of the park; trailers parked on access roads, where homes are occupied, are removed. Motion was seconded by Crichton and carried unanimously. Building Inspector Squires and Police Chief Sexton to Inform Adams of above action. Local Aids Proposal - Letter from Senator John Milton ii"fter review 6f the letter, and attach'3d local aids proposal, Council indicated that the proposal "looks good", especially if distribution is in addition to government aid now received. . (t~cNlesh was requested to relay Council's reaction to the proposal. to Senator Milton, and to thank him for the information.) Comprehensive Development Plan - Metro Council Hearina Letter from Metro Councl I and comments re proposed Arden Hi lis Compre- hensive Development Plan, were discussed. After discussion, Councl I concurred that Village should be represented a't Metrol Council Hearinq on Apri I lOth and written statement be pre- pared and submitted wIth $ppearanco at the meeting. (Crichton, Wingert and Feyereisen Indicated they would be interested in attending, depending upon time of meeting. McNiesh reported that Wood- burn also indicated he w6uld like to attend). Bussard Addition Improvements Feyereisen referred to McNiesh's memo re request from Bussard that further consideration be given to ~Iacing utilities in Bussard Addition on the tax rolls. -6- , , MInutes of Regular Council Meeting Page seven March 31, 1975 After discussion, Council concurred that assessment of the project now, Is not considered to be feasible. Lift Station Property NegotIatIons Woodburn was requested to negotiate matter with Mr. Bussard _ hope- fully resolving matter within 60 days. Request for Curb Cut - Donald Kostohr~z McNlesh was requested to notify Mr. Kostohryz that he should make application for Variance, for the curb cut requested. . ~prlng Happenings Wingert reported that State Law prohIbits programs which do not Include both boys and girls, up to grade 6 and/or age eleven. He noted that the Arden Hil Is Parks and Recreation >>Spring Happenings>> has a "Girls' Gymnastic>> program. Adjournment Feyere.lsen moved, seconded by Crichton, that the meeting adjourn at I: 18 a.m. ~~. Clerk Administrator NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, April 14, 1975, at 7:30 p.m. at the Vill<Jga Hall. . -7-