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HomeMy WebLinkAboutCC 10-28-1974 . MINUTES OF REGULAH. COUNCIL MJ;;ETING 0-4 . .. Villag<;. of Arden Hills ~Ionday, October 28, 1974 - 8:00 p.m. Village Hall Call to Order The meeting was called to order by Mayor Henry J. Crepeau, Jr. at 8:00 p.m. Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen William Feyereisen, James Wingert, Charles Crichton, Stan Olmen. Absent - None. . Also Present - Attorney James Lynden, Treasurer Richard O'Kelly, Parks Director John Buckley, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. Approval of Minutes Feyereisen moved, seconded by Wingert, that the Minutes of the Regular Council Meeting of October 14, 1974, be approved as amended. Motion carried unanimously. -. . - . Wingert moved, seconded by Crichton that the Council Meeting on October 14, 1974, was necessary for the welfare of the Village, was a required and legal Council Meeting, and further moved that the actions taken on October 14th are hereby , ratified and re-affirmed. Motion carried unanimously. BUSINESS FROM THE FLOOR Mr. Roger Reilin~,315l Lake Johanna Boulevard Mr. .Reiling requested that the Council. approve the extension of the service station non-conforming use of his property at 3151 Lake Johanna Boulevard; explaining that he was forced to close the service station operation, because of the gas shortage (a situation beyond his control). Reiling stated it has always been his intent ---"'to're-open this station when gas was available. He anticipates operating the .grocery store in conjunction with a "self-service" gas station. Reiling said he intends to continue the same operation.he had prior to his pre-' posed moving of the grocery store portion of the business to the service station . side of the building - operating the service station from the remodelled grocery store. Reiling said he had intended to ipen both grpce!J11if~tation simul- . taneously ~o~n - bout January 1, ~ 4d z:;u..ML~ . ~ '. - '~' ~~ ' crepeau referred the Counei1 t Ordina e No. 132, Section 6.j. (Service Station ' Ordinance) . Lyuden referred the Council to Ord. 99 (Zoning Ordinance) Section II C. Non-conform- ing-Uses, paragraph 3, which states that if the non-conforming use ceases for a continuous period of one year, any subsequent use of said land or building shall be in conformity tQ the use regulations specified by this ordinance for the dis- trictin which such land or building is located. Lynden said he sees a problem for Council to 'affirm' a non-conforming use, after 1 year of closing that use of the property. He questioned how Council can extend the.service station non-conform- ing use, but noted that CounciL could. e~tend time to remove tanks. REPORT 'OF VILLAGE ATTORNEY JAMES LYNDEN Ordinance No. 180, Amending Personnel Ordinance to Conform Holidays to State Law - ~1 Reading . Lynden read Ordinance No. 180 in its entirety, after which Crichton moved, seconded by Feyereisen, that the Council approve Ordinance No. 180, AN ORDINANCE REPEALING ORDINANCE NO. 140 AND AMENDING ORDINANCE NO. 83, THE PERSONNEL ORDINANCE, TO CONFORM THE HOLIDAYS TO STATE LAW, as reed, authorizing its execution by the Mayor and Clerk Administrator. Motion car::ied unan:l:mou~ly. -. Ordinance No. 181, Regulating Surface Water Uses of the Waters of Lake Johanna - Final Reading Lynden read Ordinance No. 181, in its entirety. . After discussion, Feyereisen moved, seconded by Crichton, that Section 1. be amended by deleting: "an overwhe1min~ majority of" citizens of the City of Arden Hills ... Motion carried unanimously. Wingert moved, seconded by Feyereisen, that the CouDcil approve Ordinance No. 181, A}1 ORDINANCE REGULATING THE SURFACE USE OF THE WATERS OF LAKE JOHANNA (62-78), IMPOSING PENALTIES FOR VIOLATIONS THEREOF. AND REPEALING ORDINANCES NOS. 9 AND 33, as amended, authorizing its execution by the Mayor and Clerk Administrator. Motion carried unanimously. -1- , ---..------- Minutes of Regular Council Heetil1g October 28, 1974 . . p",,~ two 0 In discussion re imp1roentation of ordinance. Section 6. the Council concurred that Public Works Supervisor be dtilsiltllaud to 1.mItall the ueeelflW:Y lmllya. aDd Police Chief Sexton to work with Ramsey County Sheriff to notify public of ordinance. Park Dedication - Townhouse Villages North Lynden referred Council to his letter of October 2l, 1974, re Townhouse Villages North cash contribution in lieu of park dedication. . After discussion, Crichton moved, seconded by Wingert, that the Council accept the recommended cash contribution by Pemtom, Inc., in the amount of $16,184.68, to the City's parks, open space and recreation fund, in lieu of dedication of land, as outlined in Attorney's letter (10-21-74). Motion carried unanimously. It was noted that ordinance requirements for park dedication, as densities in- crease, are net cunsistent with park plan and should probably be revised. . REPORT OF VIlJ..AGE ENGINEER DONALD LUND (absent - report by McNiesh) Glenhill Road and Highway 51 - Highway De~t. Request After discussion, McNiesh referred Council to Engineer Lund s letter of 10-28-74. Wingert moved, seconded by Feyereisen, that Council concur with the Highway Dept. and Engineer 'Lund's 'recommepdation to close this acceSS to Highway 51, Motion carried (Wingert, Olmen, Feyereisen, Crepeau voting in favor of the motion; . Crichton abstaining). McNiesh was requested to notify affected residents of the Council's action. ReCOllllllendations re Heimbach Fill McNiesh referred Council to Engineer Lund's letter of October 23, 1974, re Heimbach property fill material. Hr. Heimbach, and his attorney, Hr. Ernie Kutzik, reviewed Heimbach's application for fill permit and Mr. Heimbach showed a color elevation drawing of proposed . housing (apartment building) for this land, after filling property to street grade. Council referred Heimbach to contour maps of the property~ indicating elevation . of Heimbach property at 880.5 and that of Lake Josephine at 883.7 (Heimbach property below water surface elevation of Lake Josephine). Several residents of the area re-affirmed comments made at the Public Hearing, and again described the Heimbach property as very wet with standing water every year. Mr. Von Bargen expressed concern re changing the water level in the area; has a dry basement now. He said that at the public hearing, Heimbach stated he proposes Single-family homes on this property, after filling; tonight he proposes an apart- ment building. Mr. AI Olen, said there has been water in this area every year. He said area is zoned for residential, and conventional homes, with basements, were proposed; now 4-story apartment is proposed which looks the same as the condominium fOJ:1l\erly proposed on this property, and denied. Mr. Lubin stated there is six feet of peat in this area which presents a problem for construction of conventional homes. . Mrs. Stephen Prager, 3320 Dunlap, said she is opposed to the fill and to this proposal for apartments and requested that the fill be removed in its entirety. Crichton moved, seconded by Wingert, that Heimbach be requested to remove all fill placed on this property, within 30 days. Motion carried (Crichton, Wingert, . Feyereisen, Crepeau voting in favor of the motion; Olmen voting in opposition.) (It was noted by Attorney Lynden that, in effect, Council is granting a 30-day grace period for removal of the fill.) Bethel Master Meter Bids McNiesh referred Council to the four bids received and to Engineer Lund's letter of October 28, 1974, indicating that the tabulation shauB the low bid at $13,460, submitted by Lee Richert Plumbing and Heating Company. -2- . ~- l'1inutes of Regular Council Meeting October 28, 1974 . ... Page three . Crichton reviewed the proposed cost split with Bethel College and after discussion the matter was referred to E. G. Henderson to discuas with Bethel College re their response, and to the Public Works Committee for its recommendations to Council. Council deferred action, pending both recommendations. 1974 Seal Coating Project - Estimate No. 1 McNiesh referred Council to Lund's letter of October 28, 1974, re 1974 Bituminous Sealcoat Project, recommending Council approval of payment of $13,410.63 as . payment in full for the 1974 bituminous sealcoating project. After discussion, matter was deferred to next Council meeting. McNiesh was asked to forward contract to Attorney Lynden for his opinion re unit vs. lump sum contract price for the project. . Arden Manor Status Report McNiesh referred Council to Lund's letter of 10-28-74, and attached map, indicating , . area of 51 lots which he recommended for occupancy, from the standpoint of providing sanitary sewer service and water service. McNiesh was requesteClto refer matter to Fire Chief Fischer for his report to Council re fire protection of this area. Council noted that payment of Village Engineering and inspection costs must be made prior to granting approval of additional occupancy of the park. (McNiesh was requested to inform developer of this contingency.) REPORT OF VILLAGE TREASURER RICHARD O'KELLY Resolution No. 74-32, re Additional Banks Authorized for Investment Purposes Treasurer O'Kelly read Resolution No. 74-32 in its entirety. After discussion of the Resolution and review of Attorney Lynden's letter of 10-23-74, Crichton moved, seconded by 01men, that the Council adopt Resolution . No. 74-32, DESIGNATION OF ADDITIONAL DEPOSITORIES FOR INVESTMENT PURPOSES, as amended (to provide required collateral security); authorizing its execution by Mayor and Clerk Administrator. Motion carried unanimously. . Investments O'Kelly reported an investment of $188,000.00 on October 17th at 8.55% for 120 days. Feyereisen moved, seconded by Crichton, that Council ratify the investments made by Treasurer O'Kelly since the last Council meeting. Motion carried unanimously. REPORT OF COUNCILMAN JAMES~WINGERT - Planning and Zoning, Board of Appeals Drainage Wingert referred the Council to his draft of a proposed letter to Mr. Goyer, Presi- dent of Rice Creek Watershed District Board of 11anagers, re drainage into County Ditch No.4, requesting re-consideration of permit granted Har }~r, Inc. After discussion, Council concurred that letter be sent, as discussed, and Mayor Crepeau agreed to sign'amended letter on behalf of the Council. (Wingert agreed to ra-draft letter, to include additional comments noted in discussion. ) . REPORT OF COUNCILMAN STAN OLMEN - Finance Insurance 01men referred Council to memo from McNiesh noting that auto liability is included . in Village Umbrella Policy, REPORT OF COUNCILMAN CHARLES CRICHTON - Public Works, Ordinance Review Request to Hook Cooling Tower to Sanitary Sewer Crichton referred Council to a memo from Henderson re a request for approval to discharge cooling tower water into the Village sanitary sewer, as required by the State of Minnesota Pollution Control Agency. Matter was referred to Attorney Lynden for opinion at next Council meeting re Village ordinance va. }!etro Sewer Board rules, noting that Village ordinance prohibits cooling water discharge into the sanitary sewer system. -3- - - . ... Minutes of Regular Council Meeting October 28, 1974 Page four, Plastic Pipe Water Service Requests Crichton referred the Council to two requests for permission to install plastic instead hf copper pipe for water services at 1585 Lake Johanna Boulevard (approxi- ! mate 400'ser1,ice) and 3427 North Snelling Avenue (approximate 320' service). After discussion, Crichton moved, seconded by Feyereisen, that the Council approve . the use of plastic pipe, as requested by Ashb"ch and Marquard, subject to speci- fiCations of Engineer and Building Code. Motion carried unanimously. Matter of water ordinance changes was referred to Public Works Committee and Engi- neer Lund for recommendations to the Council; rucommendations to include sewer ordinance proposed changes. (Recommendations rE these ordinance were also requested . from Building and Plumbing Inspectors). ,R.EPORT OF COUMCILMAN WILLIAM FEYEREISEN - Parks and Recreation, Hwnan Rights Shade Tree Disease Program Feyereisen referred Council to ordinance changes =ecommended by Buckley and to tbe following items whicb Council has agreed are l'eeded: 1. Up-dated ordinance. 2. Dr. French to inspect and determine dseased trees. 3. Treatment by Village at Village cost. 4. Tree removal within certain time by p.'Operty owner, or Village will remove tree and bill property owner. After discussion, Council concurred that above items be referred to Attorney Lynden for incorporation in the. ordinance. (It was wted that Attorney will probably ueed additional information from Dr. French ,Ind John Buckley for prepara- tion of ordinance draft; ordinance to be adopted and in effect by April, 1975.) . Landscape Plan - Public Works Building T~bled to next Council Meeting. . (If plans are ready by Wednesday, November 6th, Buckley \'as re<:/uested to submit them for Public Works Committee review at its meeting tn~t nig'lt.) REPORT OF MAYOR HENRY J. CREPEAU, JR. - General Government, Publi~ Safety City Prosecutor: Robert Faricy Crepeau referred the Council to a letter from Prosecuting Attorne, Robert Faricy. Mr. Faricy briefly discussed County Court Syst',mandhis DroDosal f~~ balance of this year and for 1975. After diSCUSSion, Feyereisen moved, seconded by Olmen, th~t the CO~lcil approve a rate of $30.00 per hour, effective October 1, 1~'.'4. MoUe" carried unanimously. Lynden Letter of October 25. 1974 Crepeau referred Council to letter from Lynden requesting ,~onsideratio\\ by . the Council of appointment of Mr. Owen Sorenson, from the arm of Strinfer, Donnelly, Courtney, Cowie and Rohleder, as Arden Hills Pros,,,cuting Atton\ey for 1975. . Council requested McNiesh to invite Mr. Sorenson to meet witl the Council at 7:30 p.m. on November 7th or November 25th to 'discuss this proposal. Dog Licensing . Memo from McNiesh was reviewed, noting that present dog ordinance does ro.t include requirement for rabies shots. License fees and enforcement procedures were dis- cussed and McNiesh was requested to determine cost of enforcement of pres,'nt ordinance, for Council consideration in determining future dog license feel. Matter was deferred to next Council meeting. Squad Car SpeCifications - 1975 Squsd Car After review and discussion, Wingert moved, seconded by Olmen, that the Coune\l approve the specifications and authorize acceptance of informal bids, to be opened on November 6,1975. Motion carried unanimously. -4- --- --_...~ ~ ~ HL1,;:..i:-:::S c{ H<;:::'i;;.ul8.:;: ';X';~l1:::Li dec ::i'J,g October 28, 1974 Page five . '" . L.M.M., Letter of October 18, 1974 Feyereisen referred Council to L.M.M. letter of 10-18-74 re Federal Fair Labor Standards Act legislation. No action was. taken by the Council. I.O.O.F. - Letter re Parking Lot Blacktopping After discussion, Council concurred that I.O.O.F. be advised they have not met requirements of their Special Use Pel~it; blacktopping requirements must be com- pleted by June 1, 1975, or Special Use Permit will be revoked. . MeNiesh to inform I.O.O.F. of Council's action. C. G. Rein Office Complex and Shopping Center Apparent construction deviations were noted at the office .complex and shopping center development on Lexington Avenue and. County Road E. Inspection procedures presently employed were discussed. . After discussion, Council concurred that, if sufficient violations are apparent, when matter is considered by the Planning Commission on 10-29, project should be stopped until matter can be resolved. (Council suggested that Building Inspector Squires meet with Council on Novem- ber 7th, if not available to meet with Planning Commission at October 29th meeting.) REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Arden Hills Club - Restaurant License Olmen moved, seconded by Feyereisen, that Council approve the restaurant license for the balance of 1974. Motion carried unanimously. Apportionment of Assessment Resolutions: Resolution No. 74-33, RESOLUTION RELATING TO APPORTIONMENT OF ASSESSMENTS RELATING TO WATER IMPROVEMENT NO. 72-1. . Resolution No. 74-34, APPORTIONMENT OF ASSESSMENTS RELATING TO CONSOLIDATED WATER IMPROVEMENTS NOS. 68-2 AND 68-3. . Resolution No. 74-35, RESOLUTION RELATING TO APPORTIONMENT OF ASSESSMENTS RELATING TO CONSOLIDATED WATER IMPROVEMENTS NUMBERED 67-1 AND 67-2. Resolution No. 74-36, RESOLUTION RE:ATING TO APPORTIONMENT OF ASSESSMENTS RELATING TO SANITARY SEWER IMPROVEMENT NO.1. .Res(llu~ion No. 74-37, RESOl.llT!ON P.EU,TT.NG .TCI APPORTIOIIlMENT OF ASSESSMENTS RELATING TO CONSOLIDATED SANITARY SEWER IMPROVEMENT NO.3. Resolution No. 74-38, RESOLUTION RELATING TO APPORTIONMENT OF ASSESSMENTS RELATING TO CONSOLIDATED SANITARY SEWER IMPROVEMENTS NOS. 12 AND 13. Wingert moved, seconded by Crichton, that the Council adopt Resolutions 74-33 through 74-38, as submitted. Motion c!lrried unanimously. . November Conncil Meetings Crichton moved, seconded by Wingert, that the first Council meeting in November be scheduled on Thursday, November 7th at 7:30 p.m. (instead of November 11th, a State Holiday). Motion carried unanimously. . Second November Council Meeting will be, as scheduled, at 8:00 p.m. on Monday, November 25th. Arden Association Town Crier Council concurred with McNiesh's suggested notices for publication in the "Town . Crier": , 1. Council requests names of persons interested in Committee appoint- I ment on 1975 Village committees. 2. Opening for full-time employee to assist in Administration office. Payroll Crichton moved, seconded by Olmen, that the Council approve the Payroll, as sub- mit ted. Motion carried unanimously. Adjournment - Meeting adjourned at 12:20 a.m. Next Council Mee~ November 7, 1974 at 7:30 p.m. ~-'/A~ 7!~ ar otte Me ies1i, Clerk Administrator