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HomeMy WebLinkAboutCC 12-09-1974 ~ MINUTES OF REGULAR COUNCIL MEETING Vi Ilage of Arden Hi lis Monday, December 9, 1974 - 8:00 p.m. Village Hall . Ca II to Order The meeting was called to order by Acting Mayor Charles Crichton at 8:00 p.m. Roll Ca II Present - Acting Mayor Charles Crichton, Councilmen James Wingert, Stan Olmen. Absent - Mayor Henry J. Crepeau, Jr., Counci Iman Will iam Feyerelsen. Also Present - Attorney James Lynden, Engineer Donald Lund, Treasurer Richard O'Kelly. Parks Director John Buckley, Clerk Adminis- trator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. -e App rova I of Minutes Wingert moved, seconded by Olmen, that the Minutes of the Regular Counci I Meeting of November 25, 1974, be approved as amended. Motion carried unanimously. Wingert moved, seconded by Olmen, that the Minutes of the Special Counc il Meeting of November 27, 1974, be approved as amended. Motion carried unanimously. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN t Amendment to Ordinance No. 49 - Final Reading Lynden read Ordinance No. 182 i n its entirety, after which Olmen moved, _seconded by Wingert, that Council adopt Ordinance No. 182, AN ORDINANCE AMENDING ORDINANCE NO. 49, WHICH REGULATES THE CITY'S MUNI- CIPAL SANITARY SEWER SYSTEM, BY INCORPORATING BY REFERENCE PERTINENT PROVISIONS OF THE MINNESOTA PLUMBING CODE AND THE SEWAGE AND WASTE CONTROLS AND REGULATIONS FOR THE METROPOLITAN DISPOSAL SYSTEM, as read; authorizing Its execution by the Mayor and Clerk Administrator, and publication. Motion carried unanimously. Amendment to Ordinance No. 67 re Annual Dog Registration F~ Lynden referred Councl I to his letter of December 5, 1974, and attached ord i nance draft. Wingert moved, seconded by Olmen, that the Counc I I introduce by title AN ORDINANCE AMENDING ORDINANCE NO. I I , RELATING TO THE REGISTRATION, IDENTIFICATION AND KEEPING OF DOGS, AS PREVIOUSLY AMENDED, BY CHANG- ING THE REGISTRATION FEE REQUIRED THEREIN, REMOVING THE REQUIREMENT OF VETERINARIAN'S CERTI-FICATE FOR SPAYED DOGS, SUBSTITUTING "CITY" FOR "VILLAGE" THROUGHOUT, AND INCREASING PENALTIES PROVIDED THEREIN. Motion carried unanimously. Amendment to Ordinance No. i32 re Service Station Undergroung Tan~ Lynden referred Counc i I to his letter of December 6, 1974, and attached ordinance draft. Wingert moved, seconded by Olmen, that the Counci I introduce b~title AN ORDINANCE AMENDING ORDINANCE NO. 132, RELATING TO THE LICENSING OF AUTOMOBILE SERVICE STATIONS, BY CHANGING THE MANNER IN WHICH UNDER- GROUND STORAGE TANKS OF VACANT SERVICE STATiONS MAY BE SAFEGUARDED -e OR DISPOSED OF, SUBSTITUTING "CITY" FOR "VILLAGE" THROUGHOUT, AND CLARIFYING THE PENALTY PROVISION CONTAINED THEREIN. Motion carried unanimously Hunter's Park Fourth Addition - Final Plat Approval and Harriet Avenue Specifications. Lynden referred Counci I to his letter of December 9, 1974, In which he indicates to Counci I that the Hunter's Park Fourth Addition Final Plat meets statutory and ordinance platting requirements, and advises that Dreyfus Open Space Easements and Covenants, covering the common areas of the 4th Addition, have been reviewed and meets his approval. Lynden reported that a deed from Dreyfus to the City of Outlots I and H is pending, conveying these Outlots to the City without restric- tions of any kind, in satisfaction of the City's park dedication re- quirements. Lynden recommended Counci I approve the Final Plat of Hunter's Park Fourth Ad~ition and authorize the Mayor and Clerk Administrator to -1- -------------- -~ - -- -~- --------..---- . Minutes of Counc i I Meeting December 9, 1974 Page two execute same, subject to approval of a deed from Dreyfus conveying Outlots I and H to the City and registration thereof contemporaneously with the Final Plat or before the first sale of lot in the Fourth Addition, He further reported that Dreyfus has indicated that deed I ng of the park area to the City may be economically unfeaslbie at this time, and suggested that alternate methods, assuring the City that the conveyance will take place at a later date, could be arranged. Lynden i~dicated that the Final Plat of Fourth Addition indicates a 60' Harriet Avenue right-of-way; If this width does not meet State Aid specifications, then the Final Plat should not be approved unt i I the right-of-way for Harriet Avenue has been delineated at State-Aid . specified width. Lynden referred Council to chronology of events from Minutes, corres- pondence and notes re Harriet Avenue construction. In discussion, Lund said that State Aid road width is discretionary with the community; based on whether parking is restricted on one side or not - if restricted on one side, City can approve a 60' r i ght-of-wa y ; otherwise, an 80 ' right-of-way would be requ ired. Lund stated that the original construction plans he received did not show street sections of any of the roads; plans he now has show 7-ton roads, Including Harriet Avenue. E. Holderness (Dreyfus) said that their bonding is based on 7-ton roads; he had no Indication that Dreyfus was ex pected to construct Harriet Avenue to specifications of a 9-ton State-A I d road. He said he was under the impression that eventually a State-aid road would be desirable, .and Harriet Avenue would be up-graded to State-aid spec i - ficatlons; consequently, road bu I It by Dreyfus should be wide enough to accommodate a State-a I d road, and Village would have this f I ex i b II i ty. Holderness said the adde~ cost of construction for his contractor to construct this road at 9-ton specifications, would be about $5,000; cost of which he does not feel should be pa i d solely by Dreyfus. Holderness aSked if ~~I icy for assessing "collector" street con~ction, u fties assess only equivalent of Village street cos belenee4f s ,.1 d by genera I taxes or State-a i.d fundsk.."'. collector s'reets benefit entire area, not just abutting properties. Crichton noted that delay of this road construction, and the access to County Road E, also delays construction of the Dreyfus apartments, which approval was granted subject to Dreyfus providing a solution to t~e traf- fic generated by this development by means of a road providing additional access to County Road E. Holderness Indicated Dreyfus' willi ngness to fln';'.J Ish the road at 9 ton capacity and its feeling that this should be done , now at costs provided In its paving contract, but queried as to who shou!'d , pay costs. He said that It appears that both Dreyfus and the City have "erred", and suggested that, If Dreyfus constructs the road to 9-ton State- ,aid specifications, the City could perhaps give Dreyfus Corp. creclit ill some other area. After discussion, Council requssted Attorney Lynden end Eng1 neer LUllcI . to resolve the Fourth Addition park dedication conveyance matter with Dreyfus, and Wingert moved, seconded by Olmen, that Counc i I approve the request of Dreyfus lnterstate Development Corporation for a 60-day extension of time for approval of the Final Plat of Hunters Park Fourth Addition. Motion carried unanimously. REPORT OF VILLAGE ENGINEER DONALD LUND Tleso Electric Com~any, Estimate #1 - Tennis Court Project Lu nd p resen ted Estimate No. I, Tieso Electric Company, for the Tennis Court Project, recommending that Councl I authorize payment for this portion of the work, which has been completed; balance to be done this spring. Dlmen moved, seconded by Wingert, that Counc i I authorize payment of Tleso Electric Company Estimate No. r, in the amount of $4,140.00. . -2- Minutes of Council Meeting December 9, 1974 Page three After discussion, In which It was noted that the delay in construc- tion, previously approved, was at the convenience of Tieso Electric, the motion did not carry (Olmen voting in favor of the motion; Crichton and Wingert voting In opposition). REPORT OF VILLAGE TREASURER RICHARD O'KELLY Treasurer O'Kelly reported that he has made no investments since his last report to Council on November 25, 1974. REPORT OF COUNCILMAN JAMES WINGERT - Planning and Zoning, Board of Appeals Case No. 74-34, Special Use Permit - Verlle Nelson . Wingert reviewed the application for Special UsePe rm I t for a home occupation by Mrs. Veri ie Nelson, and referred Council to Minutes of the Planning Commission Meeting of November 26, 1974. Wingert complimented Mrs. Nelson for her efforts in effectively con- tro I I I ng truck traffic In the Arden HII Is #3 area, during this Interim period pend I og Counc II action re her application for Special Use Permit for home occupation. Wingert said that, unti I today, there have been no complaints, but evidently there was a truck there today, because he received a "rash of ca II s". Wingert described the operation briefly as follows: The Les Ritter Ditching Company perJorms work for N.S .P.and North- western Be I I Telephone Company, by sub-contracting to other contrac- tors; truckers come to Mrs. Ne I son for certain paper work operations _ invoices; paychecks, etc., and this Is what a preponderence of the neighbors <at the Public Hearing) objected to. He said they also objected to a bell In her yard, which evidently rings at unusual h ou r s , causing a nu j sance. Mr. Wingert briefly reviewed the Minutes of the Planning Commission Meeting and noted the Commission's recommendations to the Counci I to approve the Issuance of the Special Use Permit for this home occupation, subject to several conditions, which he read aloud. Mr. Brian Leonard, representing Mrs. Nelson, advised that the bel I ha s been disconnected, and will no longer be used. He said Mrs. Nelson agrees to comply with all the stipulations the Planning Commis- s ion has recommended as conditions of the Special Use Permit. Donna Johnson, attorney retained to represent neighbors opposing the home occupation, presented Counc i I with a petition, signed by approxi- mately 83 persons opposing the granting of a Special Use Permit to Ms. Veri ie Nelson at 1564 Edgewater Avenue. A chart was shown Indicating property locations of residents who signed the petition opposing the home occupation. ' DOhna Johnso'l stated the following: I. Sometimes as many as 8 trucks at one . time; parking in the driveway and 2. Edgewater Avenu~,is an extr . 3. There has been frouble wit 4 a morning hours, around 7:00 a.m. 4. Truck speed has been excessive sl,nce this dispatching operation ha s been in existence. 5. There are no sidewalks In the area. 6. Mr. Las Ri tter i s I I sted In the phone book at this address with a differen~ phone number from that of Mrs. Nelson. 7 . Mr. Ritter Is also II sted in the phone book at 2800 North Haml ine Avenue; evidently running his business from the 1564 Edgewater Avenue address. 8. L. Squires wrote to Ms. Ne I son re zoning ordinance viOlations, but Mr. Ritter was the only one who discussed the matter with Mr. Squires. 9. Residents of this neighborhood have purchased residential property and they have a right to expect it will remain residential. 10. In her own testimony, Ms. Nelson states It would be almost impossible to conduct the business without trucks. -3- ~linutes of Council Heeting Decemoe r 9, 1974 Page five Q. How did Mi". Ritter operate before? A. From his home at 2800 Haml ine Avenue. Q. What is your dally routine? A. About 90% of my time is taking messages from accounts ( I.e. N.S.P. ) giving locations, etc. Q. Are you an officer of the Ritter Company? A. No. I'm an Independent contractor. Q. How are drivers paid? You said you make up the payroll. A. They are self-employed - paid on commission - no withholding etc. Accounts pay Ritter Ditching Co, and he, In turn, pays the drivers; commission is based on their investment In their units. Q. Why Is the commission based on the trucks? A. Sollie own 100%; some 1/3 ; each driver has a certain percent investment In his truck. . Q. Who owns the other percent? A. Mr. R i tte r . Wingert moved that based on testimony heard tonight and at the Publ ic Hearing, the Counc II deny the applicatLon by Ver II e Ne I son for a Special Use Permit to operate a home occupation, because It does not meet "home occupation" as defined by Ordinance No. 99, In that this occupation involves many of the operations of the Ritter Ditching busi- ness which has a potential of generating truck traffic too excessive for a residential area. Motion was seconded by Crichton. Motion did I not carry (Wingert voting I n favor; Olmen voting In opposition). Motion requires maJority of fu I i Counc II to pass. Council referred matter to Publ ic Safety Committee for recommendations to the Counc i I . Counc i I continued further action to the next Council meeting when entire Council Is expected to be present. I t was noted by Wingert that this operation has already had a noticeable affect on the neighborhood and asked for a show of hands of those present who oppose the Issuance of the Permit <about 20 hands were counted), Lynden requested that those present, interested In this case, sign a paper Indicating whethe r t hey are In favor of, or opposed to, the issuance of the Special Use Permit. (A paper was circulated for this pu rpose. About 26 persons signed in opposition; none I n favor.) (Ten minute recess) Case No. 74-37 S ecial Use Permit - John McClun Wingert referred Council to the lanning Commission Minutes of Decem- ber 3, 1974, reporting that the Planning Commission considers this occupation as one customarily considered appropriate for a home, occu- pation as defined by Ord. 99, and moved, seconded by Olmen, that the Counc i I approve Issuance of the Special Use Permit to operate a law off I ce at 4326 Nort h Sne I Ii ng Avenue. Motion carried unanimous.ly. Annual Buildlnq Officials' Seminar Wingert moved, seconded by Olmen, that the Council approve Larry Squ I res' attendance at a cost of $190.00 ($40.00 - seminar, plus $50.00 per da y for three days), at the Annual Bu i I ding Of f i cia I s I Seminar at Radisson South on January 6, 7 and 8, 1975. Motion carried unanimously. . Ca se No. 73 -4 9 , Blue Fo:, Inn - Request for Release of LandscaRe Bond Wingert referred Council to Squ ires' memo of December 5, 1974, and after rev lew of the severa I pend i ng Items, Wingert moved, seconded by Olmen, that the Counci I deny rea I ea se of the landscape bond at th is time. Motion carried unan imous I y. Wingert noted that the bu I I ding, as constructed, does not conform to the approved plans - windows have not been incorporated across front of bui'dlng, ctS indicated. Cr i c hton ask,ed if Certificate of Occupancy has been Issued; if not, should occupancy be allowed at this point of construction? After discussion, MrNlesh was requested to ask Mr. Goldberg to come to an early Council meeting to explain the deviations from plans which were the basi s for the Bu II ding Pe rm It. McNlesh was also requested to -5- ~~inutes of Counc i I Meeting December 9, 1974 Page six , notify the Building I n spector of the deviation, and to ask him to advise Mr. Goldberg not to engage in business until he has a Certifi- cate of Occupancy. Anderson Letter of Inquiry re Procedure to Purchase Certain Parcel of Land to be Attached to his Lot. After disCussion, McNiesh was requested to apprise Mr. Anderson re procedure require& by Ordinance No. 98, on behalf of Mayor Crepeau. Case No. 74 -2 9 , A. J . Heimbach - Fi II Removal Counc i I requested that Code Enforcement Officer Squires inspect the site and to submit his written report to Council on December 13, 1974, re status of the f II I removal operation. . Case No. 74-31, Schwab~Vol Ihaber BUildina Addition driveway After discussion of pending items re Ian scaping, drainage, width and location, curbing, etc ., McNiesh was requested to compile a list of the outstanding contingencies for Counc I I . Wingert agreed to dlscuss matters with Mr. Schwab and report status to Council oln Deco"'ber 23rc. REPORT OF COUNCILMAN STAN OLMAN - Finance Requests for Waiver of Vending Machine License Fe~~ II cense Olmen presented three requests for waiver of vending machine fees; advising that these machines are al I non-profit, and are renewa IS .of machine I icenses which Counci I has waived fees on In the past. Olmen moved, seconded by Wingert, that Counci i approve waiver of vending machine license fees for soft drinks at Lake Johanna Elementary and Valentln,~ Hills Elementary Schools, and for candy at Presbyterian Homes. Motion carried unanimously. REPORT OF COUNCILMAN CHARLES CRICHTON - Public Works Fire Department Contract _ 1975 Crichton referred Council to McNiesh's memo advising of a Special Joint Meeting re the 1975 Fire Contract, Inviting representatives from the three Vi Ilages to attend. Wingert agreed to represent Arden Hills at this meeting. Lake Johanna Outlet Crichton expressed conc~rn r~ the h I g he r level for Lake Johahna, pro- posed by Ramsey County, and Counc i I concurred that Rice Creek Watershed be advised of this concern, requesting Rice Creek Watershed District to discuss this matter with the Arden HII Is Counci I before designs are final ized. REPORT OF COUNCILMAN WILLIAM FEYEREISEN - Parks and Recre~tjon, Human Rights (<lb sent - report by Buckley) Park Acquisition Status Report he met with the property Buckl ey reported that Councilman Feye re I sen and . owner and discussed possible purchase of the property - appraisal estimate in hand. Property owner reaction was non-committal at the time; response will be forthcoming. Warming House -Mounds View High School Buckl ey reported he ha s a letter from Principal Kunze, granting per- mission to locate the warming house at Mounds View High Schoo I. Wingert said that a Joint use of facilities needs School Board approva ,; therefore, a Joint Powers Agreement between the two ent i t I ,~.s Is neces- sary. Buckley said he ha s a joint powers agreement he can use for this purpose, and agreed to get the agreement executed before hooking up electricity or heat, also to keep the bu i I ding locked. -6- --..---- MinuTes of Counci I ~jeet I ng December 9, 1974 . Page seven Skating Ri~ Buckley reported that he intends to open skat! ng rinks on Decem- ber 20th, and requested approval of II st of Rink Attendants. Wingert moved, seconded by Olmen, that the Council approve the hiring of the rink attendants, as listed, for the 1974-75 skat i ng season, at the hourly rates Indicated. Motion carried unanimouSly. Human Rights Commission Meeting McNlesh referred Councl I to Minutes of the Human Rights Commission Meeting of December 4, 1974, and reported that the Commission I s currently working on an Affirmative Action Statement which is antici- pated to be ready for presentation shortly. . REPORT OF MAYOR HENRY J. CREPEAU, JR. - General Government, Publl c Safety (absent) Crichton referred Counci I to a notice received re Federal Housing and Community Development Act of 1974 re avallabie funding. Counc I I referred the matter to the Finance Committee for Its recom- mendations to the Councl I. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH , Special Counc I I Meeting - December 23, 1974 Winge rt moved, seconded by Olmen, that Counc II schedule a Special Counc I I Meeting on Monday, December 23, 1974, at 8:00 p "m. at the V i II age Ha I I . Motion carried unanimously. Claims and Payroll After review of the Claims and Payroll, Olmen moved that Counci I approve payment of the Claims and Payrol" as submitted. Motion was seconded by Wingert and carried unanimOUSly. Adlournment Wingert moved, seconded by Olmen, that the meeting adJourn at 12:00 midnight. Motion carried unanimously. ~I!ilb~ Charlotte McNiesh Cierk Administrator Notice of Meetings: Special Counc J I Meeting on Dedembar 23, 1974, at 8:00 p.m. at the Village Hall. Regular Council Meeting on December 30, 1974, at 8:00 p.m. at the V ill age Ha II . . !It -7- . . December. 9, 1974 To: Arden HII Is Mayor and Council F."om: John T. Buckley Subj: Rink Supervisors I would like permission to hire the followjn~ individuals to serve as Rink Attendants for the 1974-75 skating . season. Kevin Koshiol $2.00 per hour Scott Mllbroth 2.00 Steve Nixon 2.00 Chip Plumb 2.00 Ch rls Be II 2.00 Herb Mcintosh, Jr. 2.00 Paul Schmaedoke 2.00 Susan Pardo 2.00 Sylvia Bruns 2.00 Frank Marson 2.00 Randy Brodeau 2.25 Don Amun ds on 2.00 Rebecca Zop f i 2.25 Dan Wessel 2.00 ,of p a j . ~ ----------