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HomeMy WebLinkAboutCC 11-14-1977 . - . .. MINUTES OF REGULAR COUNCIL MEETING VIllage of Arden HliHs Monday, November 14, ~977 - 7:30 p.m. Village Hall Ca II to Order Pursuant to due cali and notice thereof, Mayor Crepeau called the meeting to order at 7:30 p.m. Roll Ca II Present: Mayor Henry J. Crepeau, Jr., Counc!lmen Robert Woodburn, Cherijes Crichton, James Wingert, Ward Hanson. Absent - Non-e. Also Present - Attorney Jame~ Lvndao, Engineer Donald Christoffersen, . Planner Orlyn Miller, Treasurer Donald Lamb, Clerk Administrator Char~otte McN!esh A~proval of Minutes that the Minutes of the Regular W ngert moved, seconded by Hanson, Counc II Meeting of October 31, 1977, be approved as amended, and Minutes of the Special Council Meeting of November 7, 1977 be approved as submitted. Motion carried unanimously. Business from the Floor None. REPORT OF VILLAGE ATTORNEY JAMES lYNDEN Industrial Strength Charge Resolution Attorney Lynden reviewed the provisions of the Resolution. Crichton queried whether Reso!utlon provided for certification penalty and whether Village could change the formula or method of computing the strength charge. Lynden advised that Resolution would haVe to be amended should Councl I opt to change formula and that the "Remedies In Event of Non-payment" covered certification of unpaid bills. Councl l-requested Lynden to check this paragraph for possible clarification of addltlonaJ certification penalty references. Woodburn moved adoption of Resolution No. 77-68 A RESOLUTION ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE. Motion seconded by Wingert and carried unanlmous~y. Dedication of Parks Pedestrlanways and Open Space - BanCon, Inc~ Attorney Lynden reviewed his letters of November 3 and November ii, noting that the recorded plat of Chatham First Addition and the Final Plat of Second Addition show the pedEstrian ways and open space (park> ~eas as outlots rather than being desIgnated as pedestrlan- ways and park which was required by Council actron on April 25. Richard Barns and WIlliam Manley advised that BanCon could replat Chatham First Addition as Chatham Second AddItion, merely changing Outlots of first Addition to pedestrlanways, etc. In the Second Addition. What Is now cailed Second Addition wou~d thus become the Third AddItion. Mr. Hagen said he had no objoction to doing this. Case No. 76-41 - Chatham Second Addition Wingert moved approval of the Final Plat currentUy called the Second . Addition, subject to designation of parks and pedestrlanways on the p Uat; seconded by Woodburn. Motion carried unanimously, Wingert reviewed the request for a temporary sign, 4' x 8', depicting lots for sale In the Second Addition; noting the Board of Appeals and Planning Commission recommend approval. 2'tI. ' , j'~ moved, seconded by Hanson, that Council approve the variance. for the temporary sign as requested; sign to be kept ~~~ to be removed w hen lots are so! d or on Dacember 31, I '" 0 on - carried unanimously. it was noted that permIt can be reviewed for a time extension 1f necessary. REPORT OF VILLAGE ENGUNEER DONALD CHRISTOFFERSEN Arden Manor Engineer Christoffersen reviewed his letter of November ~ Ith, noting that Infiltration rate has been reduced below allowable limits specified. He said sewers are usable but recommends Vlliage never accept streets and utllltles Tor maintenance and that owner be re- quired to f~ush sewers semi-annually or oftener If required by Johansen. ___ . ________ ' - MInutes of Regular Council Meeting November V4, 1977 Page two Francis Husnik, 550 Associates, requested that the remaining 105 iots be approved for rente I. He reported they had reached an agreement in October with Adams; Sheriffs Sale took place on October 13th; '11111 not have fee title to the property until at least October 18, 1976. Some work remains to be done on play- ground; swimming pool Is not Installed; fence not In sta i I ed around tennis court and along Highway 96; sodding and landscaping not completed. He would like to sod and p~ant trees after mobile home Is In place. Husnlk estlmated It wou~d cost about $40,000 to complete Items required by the Amended Special Use Permit; could complete everything by next summer. . Tom Rooney, attorney for Husnlk, suggested a separate bond with 550 Associates to guarantee completion of remaining Items. Woodburn moved, seconded by Wingert, that Counc II approve an amend- ment to the Amended Special Use Permit to permit 550 Associates to occupy the remaining 105 sites, subject to a! I items being com- pieted by June 30, 1976;Englneer to determine amount of performance bond; winter rentals to be sodded by June 30, 1976; owner to flush sewers semi-annually, notifying Village Public Works Supervisor when flushing Is being done. Motion carried unanimously. C. W. Houle, Payment No.3 - Chatham Wingert moved, seconded by Hanson, that Council approve payment of $120,148.99 to C. W. Houle Company. Motion carried unanimously. Standby Electric Generatinq Unit Woodburn moved, seconded by Crichton, that unit be accepted and payment of $19,595 be approved. Motion carried unanimOUSly. Woodburn noted that although there were extensive electrical Inspections, no meChanical inspections were made of the unit until It was delivered. et which time defects were discovered causing considerable delay In being able to use unit. lI1't I e Crow Improvement - Morettlnl Wingert moved, seconded by Woodburn, that improvements be accepted and flnal payment of $1,837.93 to Moretlnn! Construction be approved. Motion carried unanimously. No Parklnq Slqns - County Rpad F Engineer Christoffersen explained that the Depa~tment of Transpor- tation '11111 not release the final payment of State Aid funds until "No Parking" signs are In piace. Counc I ! concurred that Johansen should place required signs; costs to be charged~o County Road F Construction Fund. Janet Estates - improvement Plans and Specifications Christoffersen reported that quastlon of Wi,o wlH Instal! storm drainage on County Road F has not been resolved ideveioper or .County); therefore, plans and specifications have not been approved by the engineer. Counc!.! con~~Plat shouijd not be executed until the engineer has approv A pec .lcatlons, . . Wa1'ermain Easements - Control Data Pro.l!.!ll:.ll Hanson moved. seconded by Wingert, that Council authorize the engineer to perform the necessary surveys so easements can be des- cribed. Motion carried unanimously. OralnsQe - Mutual Service Christoffersen reported that drainage for the slt6 has been ~mply taken care of, referring Councl I to a ~etter from Bonestroo cor- roborst I ng th Is. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 77-46, Building PermIt - Minneapolis Hide and Tallow Planner Miller explained that ~ minor expansion or office facility (38' x 37' one story office) Is proposed; would have limited Impact on the total project but there Is a lega! question sInce this rep- resents expansion of a non-conforming use. Pjanning Commission recommended approval subject to provisions 01 landscaping plan and -2- ~ u . Minutes of Regular Council Meeting November 14, i977 Page three and legality of issuing permit. Wingert reviewed Lynden's opinion of November II, 1977; said he feels current status is non-conforming and that the suggested Inter- pretations of the Zoning Ordinance to make this conforming are weak. One alternative to make this use conforming would be to rezone. to Heavy Industry which would require that definitions of heavy industry would have to be provided in Ordinance No. 99. Second alternative would be to amend Ordinance No. 99 to allow a rendering plant as a permitted use with a Special Use Permit In the L-I zone. He noted that Minneapo~ls Hide and Tallow has tried to reduce nuisance objections to a rendering plant by Installing . poi lution control equipment. Lynden concurred that textual amend- ment Initiated by applicant, Village or Planning Commission could list rendering plant as permitted with Special Use Permit. Wellington Tully, attorney for applicant, said he feels that since the present ordinance permits office buildings In L-I zone, a build- Ing perml~ for the office building could be Issued; would like to start cOnstruction as soon as possible and time Involved In amend- ment to Ordinance and Special Use Permit procedure would delay start of construction until neXT spri r.g. Wingert said he felt it was an expansion of the rendering plant; are not tearing down old building; office faciiltles are part of administration of rendering plant. Crichton asked If current build- Ing Is separate parcel. Miller said, Yes; noted also that some renderIng plant bulldlngoveriaps property I fnes. Discussion foiiowed concerning hearings held at the time property was annexed from New Brighton; New Brighton zoning was Heavy Industry and Roberg did not object to Arden HI! is rezoning to L-I. Roberg said his remarks In i97i may have been m!slnterpreted; weren't using al I the property and didn't object to unused portion beIng l-I. It was further noted that long range plans for business may call for new rendering plant; preferable to solve conformity problem now. Hanson moved, seconded by Woodburn, that action on the building . permit be tabled TO the next meeting pending decision of applicant tv request textual amendment to Zoning Ordinance and application for 8 Speclai Use Permit. Motion carried unanimously. Case No. 77-51, Parkln~ Lot Expansion - I.C. Systems Planner Miller noted that requested expansion does not represent excessive site coverage; dra~nage pattern will not be altered; Planning Commission recommends approval, subject to two conditions. Crichton asked If this would Inhibit the VilCage pathway plan In the area. Mllier said It would not. Wingert moved, seconded by Woodburn, that Council approve the parking lot expansion and re- vised site pian, subject to: I. RQundlng of the access drive corner curb and extension of the curb to the west to abut the timber curb, which bor- ders the entire parking lot. . 2. Landscaping as per p~an submitted (il-I-77). 3. No Interference ~!th the east-west pathway connection. Motion carried unanimously. Case No. 71-41. Special U~e Permit and Variance for Duplex - Marlyn Tramm Planner Miller reviewed his memos of October 4th and November 1st, noting that lot Is In R-2 zone and Is of adequate size, located on Cleveland Avenue; is a reasonable iocation for a duplex; as sited wouid require a 10 fT. rear yard variance. Counc II reviewed eleva- tions, noted that City owns a 50 ft. strip of land at the rear of property; Planning Commission recommends approval, subject to drive- way changes.and landscapIng. Woodburn moved, seconded by Wingert, that Counci~ approve the Special Use Permit for the duplex, a 10 ft. rear yard variance, d rlve- way to be 20 ft. wide at the lot line, plantlngs commensurate with single faml "I landscaping in area to be admln1stratlv!9ijy rG'vl&~'9ot by Planner. Moti'>l1carde..; ufllHlimously, -,- Minutes of Regular Council ~lee,'1 og Novembe r 14, !977 Page four Case No. 77-27, Grading and Building Permit for Phase I - Mutual Service Insurance Planner ~oted Village has no permit requirements for grading; have issued phased building permits in the past; Planning Commission has not reviewed exterior of building; have administrative approval from Rice Creek Watershed District. Plan~lng Commission noted that peripheral emergency roadway would require a very deep cut on west side of building, destroying trees, appears excessive for sprlnklered building. Lynch ravlewed models of site, ponds mayor may not be fl I led at all times, water will not be pumped Into pools. He reported that . Fire Chief Koch has agreed to a road with a turn-around, 80 ft. cu!- de-sac rather than hammerhead, feels this Is needed even though building Is ,<u.lly sprinklerad - will be tal test building In area. Lynch said there will also be a heavy duty 12 ft. wide sidewalk to west entrance door so fire truck can be backed right up to build- Ing. Lynch estimated grading would be finished In about 25 days, are presently building a haul road to tho site, expect to have footings In by late December, wll I be reedy for building permit for struc- ture In Aprl I. Mr. Hauck stated that documents for conveyance of park site are In process, Mutual Service wIll pay 1978 taxes on the parcel since deed could not be filed before October 15th. Lynch sai~ the request tonight Is for grading and partial buildIng permit to cover foundation work. LightIng and landscaping are not finalized as yet, will have drawings for footings etc. within th ree weeks, location of building is delineeted on drawings. Wlngart moved approval of the grading plans with an 80 ft. cul-de- sac, approval of the drainage (plans dated IJ-14-771 and authorize issuance of a partial building permit through footing stage of development; motion seconded by Hansoll. Crichton expressed concern that this approval precludes changing building siting in the future when final st ructu ra! plans come In. Motion carried unanimously. Cue No. 77-46. Variance and Building Permit - Flaherty's Arden Bow! Planner Miller reviewed Minutes of th~ P~ann!ng Commission meetings of October 4th and November 1st, noting that the Planning Commission recommends Plan A wl'rh looped street 36 ft. wIde with one or two- way traffic, drainage Is not resolved. Site consists of three parcels, major site wIth bowling alley, ijarge parking lot to the north and smaller parking lot to west. Proposed plan eilmlnates parking in front of building except for 4 handicapped parking spaces, bar/lounge area Is being expanded adding 75 spaces, 12 bowling lanes added. Some angle parking Is provided to west of bu II ding. A total of 295 parking spaces are provided as required by code. Pian requires 10 ft. front yard variance; looped street around building Is unique requiring determination of side and rear . yard setbacks (20 ft. or 5 ft.?l. Road easements are ready to be ftmpiemented, oniy Issue not compieteiy resoivsd 15 Shaw Lumber access. Jerry Anderson reviewed elevations, noted dumpsters wouid be stored indoors; buildIng material is Dry~lt !p~aster-~Ike coating on foam); roof equipment wll I be screened by a parapet about 4 ft. high, bull d- Ing height about 16 ft. Extorlor of building is white with en~rance canopies color accented with either b~ue or orange, windows end doors are oark tinted g!sss. Parking lots can be designed to serve as holding ponds, posslb~y 2 catch basins In north parking lot. Streets, parking lots and other facilities drain Into this area; d6:veloper would ijook to City for some hefip in drainage costs. Ander- son suggested that If holding capacity isn't sufficient, Councl I could consider some variance to parking spac5 requirements. -4- . Minutes of Regu~ar Council ~leet I n9 November 14, 1977 Page flv3 Counc I j concurred that some ~ontlngencies shoutd be resolved before building permit and variances are approved. W~ngert moved that Attorney lynden be advised of discussion and Is directed to proceed with necessary land transfers to provide looped street iP~an Al and Engineer Christoffersen cooperate with the app~lcant and Rice Creek Watershed District to solve drainage. Motion was seconded by Hanson and carried unanimously. It was noted that park dedica- tion would be an added contingency. Case No. 76-41. BanCon i nc. (See Attorney's Reportl . Preliminary Report - Vlila~e Haii/Public Works Site Copies were distributed to Council for consIderation at future meeting. County Road E Business Area Wingert reported that Mi lier proposes to prepare a base map of County Road E from Highway 51 to lexington, up-date photo survey and develop concept plan for lIghting and slgnage; cost estimated at about $1,000. Council concurred thatMI lieI' should proceed with the project. Planning Grant Planner Miller reported that the VII~age has secured a time exten- sion to submit program. Wingert agreed to work with Ml I ler. REPORT Of ViLLAGE TREASUREI, DONALD lAMB Treasurer lamb reported th.t he had made the following Investments: $275,000 C.D. @ 6.2.5%, maturing 12/16117 180,000 C.D. @ 6.65%, mahr I ng 2/! 4/78 420,000 C.D. @ 7.06%. matur I ng 5/15/78 200,000 C.D. @ 7.1 i%" nratua-lng 8/1 U78 iOO,OOO C.D. @ 7.16%, maturing 10/30/78 325,000 Repo @ 6.15%, maturIng 1!/!6/77. Hanson moved, seconded by Wingert, that Counc~ i accept report and ratify Treasurer's I nvestmc."ts. Motion carried unanimously. OTHER BUSINESS Park Dedication - Janet Estates Wingert reported he had met-;1th Skyline BuIlders and I s recom- mending a dedication of $3,966 based on $6,534/acre. Net acreage is 6.08 acres. Wingert m6ved, seconded by Hanson that a Park Dedication Agreement be prepared for execution by the City of Arden Hills and by Skyline Builders Inc., with the fol lowing terms: I. The amount of the contribution to be the sum of $3966.00 which sum Is based on an undeveloped ~and value of $6534.00 per acre. . 2. The above contribution shail be paId to tho City by the Developers at the rate of $300.00 per I,ot at the time of and ~s a condition for the Issuillnce of the Building Permit for each ~ot; provided that the unpaid balance is ped d In fu 1 I by Decemblil I' 31, 1979. Motion carried unanimously. Park Dedication - Northwestern National Bank of St. Paul Crichton reported he has had a preliminary discussion on the dedication. An Ima I Control Wingert moved, seconded by Hanson, that Robert Perry be employed as a part-time Community Service Officer at $4.00/hr. effective 1111177 to 12/31/77.'~~~. Crichton moved, seconded by Woodburn, that Counc II approve Reso- lution No. 77-69 ESTABLISHING FEES fOR ANIMAL CONTROL. Motion carried unanimously. -5- . . , 'Minutes of Rsgular Council ~~ee';-! n g November 14, 1977 Page six Purchase of Trees Crichton-;::;Vfewed Buckley's memo of Il/4/77 noting that trees wil~ be ordered now for spring planting. Crichton moved, seconded by Woodburn, that CouncIl approve expenditure of $2,000 from the Park Fund for purchase of trees as outlined In memo. Motion carried unanimously. Pedestrian Ways Crichton moved, seconded by Hanson, that Council approve the expenditure of $150 for design treatment work on pathways at Chat- ham and at pathway running from Cieve~and Avenue to Tony Schmidt Park. Motion carried unanimously. . Snowmobile Ordinance Tabled to November 28th meeting. Fire lanes - Arden Hills North Association Crichton moved, seconded by Wingert, that Council declare the Fire lanes as marked on map submitted by the North Association, subject -to approval of Fire Chief Koch; .Ianes to be marked by the Association. Motion carried unanimously. REPORT OF CLERK AONINISTRATOR OHARLOTTE MCNIESK Election Judqes - Special legislative Primary and General Elections Hanson moved, seconded by Crichton, that Counc II approve election judges for Precinct 5 as attached; Chairwoman to be paid S2.65/hr., judges $2.35thr. Motion carried unanlmous~y. Claims and Payroll as sub- Crichton moved seconded by Hanson that claims and payrol! mitted and additional checks No. 2268 and !0537-10540 be approved. Motion carried unanlmousJy. Water Rates McNiesh was requested to check with RosevlU~e on possible rate Increase by St. PauU. Human Rights Seminar Hanson moved, seconded by Wingert, that Village pay $5.00 luncheon fee for those Commission members attending seminar. Motion carried unanlmous!y. Adjournment Wingert moved, seconded by Hanson, that meeting adjourn at 1:40 a.m. Motion carried unanimously. ~~ - ~~?~ C~erk Administrator Mayo/) ~ . Notice of Meetln~ The next Regular Councl I 1~6etlflg wl.11 be held on Monday, November 28, 1917 at 7:30 p.m. at the. VUllage HalL -6- ------ , . Special Primary ElectIon Board Saturday, November 19, 1977 Special General Election Board Saturday, December 3, 1977 Precinct 5 . Election Board. Voter ReQistration and CountinQ Board Caron Truss (:1 R) Chairman (r, !i'D ~ 7';') 1653 Todd Drive 633-3351 t;t) cf,6~ Gee Jarvis (D) (Hl 636-0095 (j ~.~$" (r.,..~ ~ 7-0 1651 Todd Dt'lve (0) 536-5363 Janice Thlltgen ( I Rl 1852 Todd Drive 631-0181 ~ .