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HomeMy WebLinkAboutCC 07-08-1974 , ' Minutes of Regular Councl I Meeting Village of Arden Hills Monday, July 6, 1974, 8:00 p.m. V I I I age Ha I I Ca II to Order The meeting was called to order by Mayor Crepeau at 8:00 p.m. Roll Call ---. Present: Mayor Henry J. Crepeau, Jr., Councilmen William Feyerelsen, James Wingert, Charles Crichton Absent: Cou'ncll man Stan 0 I men Also Present: Attorney James Lynden, Treasurer Richard O'Kelly, Park Director John Buckley, Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm Approval of Minutes The minutes of the Regular Councl I meeting of June 24, 1974, were approved as amended. BUSINESS FROM THE FLOOR None. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Case No. 74-17, McDonald's Corporation - Bul ldlng Permit and Sign Height Variance lynden Referred the Council to his letter of July 3, 1974, attached to which was a copy of a letter to him from Attorney Thomas J. Sexton ( 7/2/7 4) . \ Lynden reviewed the Planning Commission's recommendations to deny the Building Permit and to require McDonalds to make application for a Specl al Use Perml t;, recommendation was based upon procedural grounds, the merits of the McDonald proposal not having been considered. Attorney Sexton, representing .McOonalds, dlscu~sed his letter of 7/2/74, and req,uested that the Council adopt the procedure outlined P" Pages 2 and 3 of that I ette r' ;'Attornay Sexton stated that he fee I s the P I an- nlog Commission acted In error In recommending denial of the application on procedural grounds and that the application should be considered on Its merits. He said that McDonalds wll I agree to adhere .to the documentation, performance and review requirements of Ordinance No. 174 In addition to Ordinance No. 99 requl~ements for a Building Permit, and requested that the matter be referred to the Planning Commission for Its consideration on the merits at as E!arly a date as possible. . ,- Audience reaction was noted as follows: I. The proposed development would be undesirable, because It wll I cause large traffic Increase, large amount of trash and litter and a great deal of pollee supervision. ~' 2. Whether a "fast food" franchise or "drive-In" restaurant, It should be given special treatment because of the In~ creased traffic and extra pollee supervision an establish- ment of this type will generate. 3. The establishment Is a "drive-In" within the spirit and Intent of Ordinance No. 99, and amendments, because It requires special treatment, and the question of whether It Is a "restaurant" or "drive-In" should be dependent on this factor rather than whether or not food Is consumed In cars. Vi Ilage Council Minutes -3- July 8, 1974 Feyerelsen stated that McDonalds has requested the "delay", not the Village. Councl I has no deslre to delay anyone. Wingert said he feels there Is sufficient reason to require that McDonalds apply under the "drl~e-in" provisions of Ordinance No. 99, and moved, seconded by Feyerelsen, that McDonalds be requested to submit an application for a Special Use Permit. . Wingert clarified the Intent of the motion by stating that Its pur- pose was not to deny the application, but Instead, to deny the appro- priateness of the procedure being employed by McDonalds. The motion, as clarified, and seconded by Feyerelsen, was carried unani- mous Iy. Ordinance re Adoption of 1973 Building Code and Ordinance Creating and Establishing Fire Zones. Lynden referred the Council to his letter of 7/8/74, re Ordinance Amending Building Code, and discussed consideration of the Ordinance Adopting 1973 Uniform Building Code and Establishing of Fire Zones with ordinance relating to appointment and qualifications of' Inspectors, requirement of permtts, fees, etc., which will be typed this week for CouncIl review. After discussion, the Council referred the ordinances to the Ordinance Review Committee for review and recommendations, prior to Introducing by title. It was noted that Inspection of landscaping should be Included, If possible. Ordinance re Biennial Elections - First Reading Crichton moved, seconded by Wingert, that the rules be waived and the Ordinance relating to Biennial Elections be passed In Its entirety; motion carried unanimously. Crichton moved, seconded by Wingert, that Ordinance No. 179, An Ordinance Repealing Ordinance No. 84, The Election Ordinance, Fixing the Date of the Regular City Election, Shortening the Term of One Councilman and Extending the Term of the Mayor, and ProvIding for the Year when Certain Councilmen are to be Elected, be adopted; motion carried unanimously. Water Service Contract between Rosevlile and Arden HI lis Lynden referre,d to his letter of July 8, 1974, noting the only substant- Ial contract change affecting Arden Hi lis Is the reductIon In the rate provided In Paragraph 7, relating to the sale of water to Arden Hills by Rosevllle. . After discussion re possible effects extepslon of the contract will have on Arden HI lis, the contract was referred to the Council, Attorney and Engineer to consider. Council action was deferred to the next Councl I meeting. REPORT OF VILLAGE ENGINEER DONALD LUND .. . (Absent - no report) REPORT OF VILLAGE TREASURER RICHARD O'KELLY Treasurer O'Kelly reported an Investment on June 27, 1974, of $110,000 at 11.4% for 90 days. -3- . Village Council ~lInutes -4- July 8, 1974 REPORT OF COUNCILMAN JAMES WINGERT - Planning and Zoning Board of Appeals Case No. 74-22, Special Use Permit for FI II - Elmer Cmlel Wingert described the filling of two lots (Lots 6 and 7l for residential building sites by Elmer Cmlel, owner of Lot 6. . After review of sketch and contour drawings of properties to be filled, and review of reports from Rice Creek Watershed District and Village Engineer and recommendations from the Planning Commission, Wingert moved, seconded by Feyerelsen, that the Councl I approve the Special Use Perml t to fill the two lots, as requested, subject to: ' I. No fill shal I be placed below elevation 890.0 MSL. 2. No fill shall be placed In such a manner as .to block the natural dralnageway on Lot 6. 3. Appropriate measures shall be taken to prevent erosion materials from entering Round Lake as a result of ~he construction work. 4. Supervision of the fill and compaction process by the VIII~ge_ Engineer. 5. All fill should be covered with soil and seeded within 60 days of start of fl II. Motion carried unanimously. Case No. 73-28, Dreyfus Hunter's Park - Preliminary Plat Approval of Third Addition Wingert reviewed Engineer Lund's report of May 28 and July 2, 1974, and the Planning CommIssion's recommendations of July 2, 1974, re the Thlr~ Addition Preliminary Plat. Concern was expressed re "assurance" that Lot 6, Block /, Thl rd Addition, and adjacent lots abutting TI liar Lane, wi II not flood. Matter was deferred to July 22 Council meeting, pending asSurance from Dreyfus and Lund that flooding wi /1 not occur In this area. Clerk to. notl fy Dreyfus of Council's action. Case No. 74-14, Pemtom, Inc. Amended Special Use Permit for North Area PUD At request of applicant, matter was deferred to Council meeting of July 22, pending reports from Parks and Recreation Department, Fire Chief Fischer and Village Engineer. . Case No. 74-23, Truman Royce - Variance Deferred to Councl I meeting of July 22, 1974, pending report from Building Inspector. Case No. 74-24. Leo J. An[ler - Variance for Gara[le After review of sketch presented with application, report of Boar-d of Appa~ls (7/1/74), .reeommendatlons of Planning Commission (7/24/74), and discussion, Wingert moved, seconded by Feyerelsen, that the Council approve the 6' sldeyard variance, as requested. Motion carried unanimously. . -4- Vi Ilage Counci I Minutes -5- Ju Iy 8, 1974 Case No. 74-25, Marlyn Tramm - Lot Spilt and Consolidation After review of sketch, indicating lot spilt and consolidation, adding 50 ft to Mr. Tramm's lot width (resultant lot - 125 ft wide), and splitting 50 ft from width of Mr. Ehler's lot (resultant lot - 100 ft wldel, Wingert moved, seconded by Crichton, that the Counc.ll approve the lot spilt and consolidation as requested. Motion carried unanimously. . Case No. 74-26, Building Permit - Mounds View School District 6621 Wingert referred the Councl I to the Planning Commission's recommendations re the two steel classroom bui ldings proposed at Mounds View High School. After review of the sketchy plans presented, and, discussion, Crichton moved, seconded by Wingert, that the Council request that Mounds View School District submit appropriate documents as recommended by the Plannfng Commission (7/24/74). Motion carried unanimously. Case No. 74-15, Steak Inn Restaurant - Frontage Road Easement Release Wingert referred the Counci I .ro letter of 6125174, from Dennis A. Bowman, attorney, requesti ng re lease o-f the frontage road and utili ty easements adjacent to County Road E on the south, and east of Hlway 51. Wingert stated that with the widening of County Road E, this request appears to be reasonable and moved, seconded by Feyereisen, that the Council approve the vacation of the easements, as requested. After discussion re the presently undetermined access location of the proposed state-aid road from Hal-rlei" AVGnue to County Road E, and concurrence from Mr. Hage that a short delay (one or two moti'ths)'ln cO"unclluD.s:~' re this matter would not pose problems for "the appli- cants, ~ withdrew his motion, and Feyereisen his second. Park Dedication Wingert reported that the park dedication offer t:>f $2,500 is within the ordinance reoulrements; amounts to approximately 10% of the original purchas~ price; property also pl"ovldes ,8 ponding arease-rvlclng the Vi Ilage. After discussion, Wln(Jert moved, s'~conded by Fe'ysrelsen, that the Counci I accept the $2.500 park dedIcation for the Steak Inn Restaurant. Motion carried (Wingert, Feyerelsen, Crepeau voting In favor of the motion; Crichton voting In opposl~lon). Access Road from Harriet Av~ to County Road E - Stal~s Report Wingert 'presented hlo proposals obtalne~ for feaslbl !lty study re Harriet Avenue access, indicating scope of proposal ana estimated cost. After dIscussion, Crichton moved, seconded by 1'!lngeri', that ,the matter be refq;,rred to Councilman IHngeri' to obtain fixed price contract proposals for Council consideration on July 22, 1974. Motion carried unanimouSly. ' . REPORT OF COUNCILMAN STAN OLMEN - Finance (Absent - no repor'r) REPORT OF COUNCILMAN CHARLES CRICHTON - Public Works Glenpaul Dralnaqe Project Specifications Crichton repori'ed that the specifications for the Glenpaul Drainage Project. have no1" been comp Ie-red, bu-r \'1111, be ready for revl ew by the Public Works Committee on 7/10/74. _'1_ ______ V III age Council MI nutes -6- Ju Iy 8, 1974 Crichton showed photos of the area and explained scope of the project. REPORT OF COUNCILMAN WILLIAM FEYEREISEN - Parks and Recreation Human Rights Ingerson Par~ Access R. Anderson, Chairman of the Parks and Recreation Committee, reported that the Committee strongly recommends Counci I approval of the Moss property for access to Ingerson Park; stating that this access pur- chase Is considered to be a high priority acquisition by the Committee, and referred the Council to the Comprehensive Park Plan. . Mr. Anderson said the Committee has looked at other possibilities and feels that all alternatives have been exhausted. Mrs. Stedman stated that they were contacted re the sale of a portion of their property for access to the park, but they have an apple orchard and ga~den and do not have excess property they wish to sell. She explained that Vagstad's (next door) were also contacted, but they also have a garden and are not Interested In sel ling. Parks Director Buckley and Parks Committee members Lindquist and Blom- quist also stressed the need for the Moss property access. Discussion fol lowed re proposed plans for access to other parks (Floral, ValentJne, Mounds View High School athletic fields, etc.l; size of access needed to walk or bike to parks; possible provision of protected walkway along Lexington Avenue to Ingerson Park, eliminating need for access at west side of park; and/or other alternate solutions to the Ingerson Park access problem. Wingert moved that Councl I reconsider the Ingerson Park access Issue at th I s tl me. Motion was not seconded. Mr. Moss stated that his property Is currently used as an access to Ingerson Park. If the Village Is not willing to pay for It, then he does not want his property used for this purpose and he will call In a complaint each time It Is used as an access route. Mayor Crepeau assured Mr. Moss that use of his property as an access route wll I be stopped; VI)lage certainly does not expect property owners. to provide access to public parks. Human Rights - Temporary Secretary. Feyerelsen reported that the Human Rights Commission requests-1b~~_ hiring of Commission member J. Feyerelsen; on a temporary basr~~-. -,- write minutes of the Human Rights Commission meetings. . After discussion, Councl I determined that Committee members should not be Involved In the writing of minutes and referred the matter to C. McNlesh and Human Rights Commission Chairman to resolve. C. McNlesh stated that she does not believe that present office staff can handle another night meeting. (Councl I suggested that a COllege student or resident may be Interested In this asslgnmentl. Joint Powers Agreement Feyerelsen reported that the Mounds View School Board Is considering the Joint Powers Agreement re use of Mounds View tennis courts at Its meeting tonight. Crichton requested that costs and plans be submitted for Council con- sideration, prior to execution of the Agreement by Arden HII Is, (It was noted that resident complaints were received after Installation ~'f night light at Valentine Park). -6- Village Councl I Minutes -7- July 8, 19744 Landscape Inspection Feyerelsen reported that he had discussed the matter of landscape Inspection with resident Bert Schutte, and advised that Mr. Schutta expressed his wi I Ilngness to accept this appointment on a part-time basis. Comprehensive Development Plan A proposed change In the Comprehensive Development Plan recommended by the Human Rights Commission was noted. Matter was referred to the Planning Commission and Council for consideration. . REPORT OF MAYOR HENRY J. CREPEAU, JR. MR-7, Radar Unit Crepeau reported that the Pollee Department has requested extension of the MR-7. Radar lease to January I, 1975, noting that It has pro- duced approximately $2,000 todate. Crepeau reported that a new model may be available about that time and he understands that rental fees (not IncludIng Interest) may be applied to the purchase price of the unit. Crepeau noted that Federal Funding Is not yet available and Is not anticipated. Council generally concurred that the lease be extended. Sprinkling Ban Crepeau reported thit Rosevll Ie has requested that Arden Hills Join In a "sprinkling ban" from noon to 9:00 p.m. to alleviate the tremendous overload on the pumps In Rosevllle and Arden Hills and to conserve ene rgy. Council concurred and requested C. McNlesh to give notice to WCCO radio and to the newspapers, advising residents of the "sprinkling ban" and requesting their cooperation untl I further notice. REPORT OF CLERK AOMINISTRATOR CHARLOTTE MC NIESH Sexton's Antiques - License Renewal McNlesh reported that Council had deferred action on the Sexton Antiques license renewal untl I Special Use Permit compliance could be verified. Crl,chton noted that according to a statement by Mrs. Sexton at the public hearing, there would only be a sign displayed "on occasion"; there appears to be a permanent sign plus a temporary sign. After discussion, Crichton moved that the Cou~cl L approve the license to operate the antique shop for 1974, seconded by Wlnger:t; motion carrted . unanimously. '\f'~tt<.J-~ 14~""~'" r' ,~~ fJ'" -a,...t....d? Door to Door Sales Permit - Bruce Hahn . Mr. Hah~ requested permit approval to sel I railroad "damaged f~elght" door to door In Arden Hills on a year round basis. He said he would have varying products to sell, at present shampoo and suitcases. Council explained that door to door selling Is not "well received" by res I dents of the V I II age and the Counc I I wou I d not II ke. to en courage any long term sales program of door to door selling. After discussion, Crichton moved, seconded by Wingert, that the Council not approve the permit as requested. Motion carried unanimously. -7- . . . . . Village Council Minutes -8- July 8, 1974 Claims CrIchton moved, seconded by Feyerelsen, that the claims be approved as listed; motIon carried unanImously. Payroll CrIchton moved, seconded by Feyerelsen, that the Councl I approve the payrol I as submitted; motion carried unanimously. Po II ce Rad 10 ChIef Sexton wIt I meet with the Councl I to explaIn requIred changes Is radIos, use of present equipment, etc. Adj ournment The meeting adJourned at I :07 ~.m. ~~~ Charlotte McNles Clerk Administrator NOTICE OF MEETING The next Regular Council MeetIng wll I be held on Monday, July 22~ 1974, at 8:00 p.m. at the Village Hal,.