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HomeMy WebLinkAboutCC 04-11-1977 MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hi lis Monday, Apri ill, 1977 - 7:30 p.m. Village Hall . Ca II to Order Pursuant to due call and notice thereof, Mayor Crepeau called the meeting to order at 7:32 p.m. Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen Charles Crichton, Robert Woodburn, Ward Hanson. Absent - Councilman James Wingert Also Present - Attorney James Lynden, Treasurer Donald Lamb, Planner Ortyn Miller, Public Works Supervisor Hans Johansen, Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm. Approval of Minutes Hanson moved, seconded by Crichton, that Councli approve the Minutes of the Special Councl I Meeting of March 12, 1977 as submitted. Motion carried unanimously. Woodburn moved, seconded by Crichton, Minutes of the Special Council Meeting ted. Motion carried unanimously. that Council approve the of March 22, 1977 as submlt- Crichton moved, seconded by Hanson, that Councl I approve the Minutes of the Regular Council Meeting of March 28, 1977 as submit- ted. Motion carried unanimously. Woodburn moved, seconded by Hanson, that Council approve t~e Minutes of the Special Council Meeting of March 29, 1977 as amended. Motion carried unanimous~y. Business from the Floor None. REPORT OF PUBLIC WORKS SUPERVISOR BUD JOHANSEN Pickup Truck Replacement Johansen referred Council to his memo of 4/6/77, recommending purchase of 318-V-8 Dodge from Minnesota Dodge. Woodburn moved, seconded by Crichton, that Council authorize the purchase of a Dodge 318-V-8 from Minnesota Dodge, low bidder, at $2,662.00, with trade-ln. Motion carried unanimously. 1977 SealcoatlnQ Specifications Johansen displayed a "color keyed" map Indicating the streets proposed to be sealcoated in 1977. . Woodburn moved, seconded by Hanson, that Councl I authorize Engineer Christoffersen to prepare Seaicoating Specifications and Advertise- ment for Bids for the 1977 Sea~coatlng Project, as Indicated on map (Shorewood Hil Is area, Arden View Court, Amble Road, Floral Drive, Gale, Norma and James Circles, ~ndlan Oaks Treil, Bussard Court and Connelly Avenue). Motion carried unanimously. S umme r Emp I oyee s Johansen requested Council approvaij to hire Stephen Zehm, Charles Karth and one additional man for full-time summer employment. After discussion, Crichton moved, seconded by Woodburn, that Council approve the hiring of Stephan Zehm 3 $4.25/hr. and :harlas Karth 8$2.80/hr"LIiI._1 -... f"[rr:I... "1._.. at ,,"u'. ..~~ I till for full-time summer Public Works Department employment, and give tentative approval to hire third man lwage to oe determined). Motion carried unanimously. Additional Gara~e Door - Public Works Bulldln~ Johansen referred Council to Minutes of PublIc Works Committee Meeting of April 6th re Garage Door; additional door will provide easy access to a stall for the new generator. Johansen said -1- Minutes of Regular Council Melltlng Page two Ap r I I II, 1977 this will necessitate the moving of the Parks Department workbench which Is agreeable to Parks D;rector Buckley. Woodburn moved, seconded by Hanson, that the Council approve the Installation of the new garage door, as descrlbed,at the approxi- mate cost of $1,000.00. Motion carried unanimously. Storm Grate Replacement Proiect Johansen reported that replacement of storm grates with bike-safety grates Is almost complete; a few must be fitted before installation. . Public Works BulldlnQ Premises Johansen reported that children have been playing on equipment and on sand and gravel stock piles on the Public Works Building property; concerned re children's safety and City's liability should they get hurt. After discussion, Council authorized Johansen to post "No Trespas- sing" and/or "Danger" signs on the premises, and requested Johansen to notify Pemtom's Townhouse Villages North of the problem and ask that the children not play on the Village property. ' , REPORT OF ViLLAGE ATTORNEY JAMES LYNDEN Diseased Tree Removal Bids Lynden referred Council to his letter of Aprl~ 7, 1977 re Tree and Stump Removal Contract, and to Buckley's memo of April 4, 1977. After discussion, Crichton moved that Council award the Tree and Stump Removal Contract for 1977 to Green Cove Land and Development Company. Motion was seconded by Woodburn and carried unanimously. Resolution No. 77-19 Re Petition to Rice Creek Watershed District Lynden referred Counci I to hi s letter of Apri I 7, 1977 re Petition of City of Arden Hills for the Improvement of the Lake Johanna Watershed re suggested substitute for the language In Paragraph No.6 of the Petition. After discussion, Woodburn moved, seconded by Hanson, that Council adopt Resolution No. 77-19, authorizing the Petition to the Board of Managers of the Rice Creek Watershed District to pursue the feasi- bility study re District's Grsnt No. S804~9z9brJ}..~~. the U. S. Environmental Protection Agency, with the~~ragraph recommended In Attorney Lynden's letter of 4/7/77 (In place of paragraph previously proposed for Insertion In paragraph No.6 of the Petition). Motion carried (Woodburn, Hanson, Crepeau voting In favor of the motion: Crichton voting In opposition). . 00 Control Ordinance - Second Readln Lynden referred Councl to draft of proposed Dog Ordinance. In review and discussion, the following changes were made: Section 6. Records. The ~ shali maintain In books pro- vided... (Instead of Clerk Administrator and Po!lce Depart- ment). Section 7. RunnlnQ at LarQe: Contro! - Wording was deferred for Council's consideration. Section 9. Citations: Impoundment. (d) Redemption by Owner: Fees. ... an Impoundment fee as established by Resolution. (Delete Fee Schedule). Section 12. HowilnQ and Barking. Change "Ordlnance~ to "Section" In lines 6 and 8. -2- Minutes of Regular Councl I Meeting Page three i\prl! II, 1977 Section 13. BltlnQ; Quarantine. Dr. John Schlotthauer recommended that the City should require the ten-day quarantine regardless of vaccine which he considers "false security"; recommends that no distinction be made between vaccinated and non-vac- cinated dogs. (A copy of the proposed ordinance was given to Dr. Schlotthauer for his further recommendations to the Counci I.) . Section 18. Violation; Penalties - Add (S25.00/dog) and (S50.00/dog). (lines 6 and 7). Council requested that: I. Lt. Douglas McCall contact New Brighton regarding the proposed change In Section 13. 2. Attorney Lynden advise re effectuation of the life-time I icense;suggestlng a transition period, with I I fetlme license effective January I, 1978. Crichton moved, seconded be the Second Reading of (Ordinance to be read In by Han son, that the Ordinance. Its entl rety at Council consider this to Motion carried unanimously. its Third Reading.) Crichton agre~d to refer a copy of the proposed ordinance to Public Safety Committee Chairman Tagtow for his review and comments. Council further suggested that the next issue of the Town Crier Include a notlfication of the proposed new dog control ordinance. Tramm/O'Meara Easements - Status Report Lynden reported that he has requested City Snglneer Christoffersen to prepare the legal description of the flowage easement for walkway access from both plats to the pedestrlanway; also Is reviewing abstract to assure City that developers are the owners of record of the plats of Edgewater South and Heights of Johanna Lake. Hlqhway 51 Easement Vacation Crichton reported that the 100' wide Highway 51 Easement Is the buffer between L-I and R-I zones; easement Is now being vacated by the Highway Department and available to the adjacent property owners. Attorney Lynden was requested to accompany Crlchto~ at meeting with Highway Department re City's acquisition of portions of the ease- ment. . REPORT OF ViLLAGE P~ANNER ORLYN MILLER Case No. 77-10, Special Use Permit for Home Occupation - Shirley Boyer, 1880 West County Road E. Planner Orlyn MIller explained that Mrs. 80yer requests a Special Use Permit for a home occupation to operate a telephone answering service; cUients wi i i be small businesses for whIch sha will take messages by phone and then relay the messages to har clIents by phone; no expansion of her business or number of employees Is anticipated; no traffic will be generated; no office functions will be conducted, except billing of her clients; compiles wIth ordinance provisions for a home occupation. Miller reported that the Planning Commission recommends Council approval of issuance of a Special Use Permit for this home occupa- tion. Woodburn moved, seconded by Crichton, that Council approve the Issuance of a Special Use Permit for the operation of a telephone answering service at 1880 West County Road E; operation to be limited to no more than one ful!-time equlvalant, In addition to the manager. Motion carried unanimously. (Mrs. Boyer accepted ~he stipulation as desirable. Case No. 77-5A, Variances for House - Herman FrieSOn Miller referred Council to previous Council action regarding the recent lot split (Case No. 77-5), and to the Planning Commission's recommendations of April 5th re variances for location of a house on the newly created lot (Case No. 77-5Al. -3- Minutes of Regular Council Meeting Page four Miller reviewed his comments in his report of 3/31/77, noting that the rear setback variance would be substantially Increased If house were moved to the north. 'Miller said that Friesen prefers as wide a separation from house on north lot as possible; wants to utilize view of park to the east (Sampson Park) and wants to garden on the north portion of his lot. April II, 1977 After discussion, Crichton moved, seconded by Hanson, that Council approve a front set-back variance of 6' (34' from front property lIne), and a rear set-back variance of 18' (12' from rear property line). Motion carrIed unanimously. '. Mr. FrIesen was advised of the potentIal Increase In use of the pedestrlanway adjacent to hIs rear property line, which he saId would not be objectionable. Case No. 77-12. Variance for Garage - Richard Paulzlne. 1854 Grant Road MTTTer referred Council to a diagram of the existing house, wIth proposed attached two-car garage; noted that lot Is narrow, and a varIance of 5' Is necessary If garage Is to be attached. Miller reported that this variance does not create.a double .problem; garage on next lot is set back 10' from the lIne. MIller reported that the Planning CommIssion recommends Council approval of the 5' variance: polley of the Commission and Council has been to grant variances on substandard width lots. After review of report from Board of Appeals (4/9/77>, and note from adjacent neighbor, Crichton moved, seconded by Hanson, that Council approve a side set-back variance of 5' for a garage at 1854 Grant Road. Motion carried unanimously. (Hanson stated that he prefers to handle each variance request on Its own merit; not establish a policy for variances as suggested In Planner Report of 3/30/77.) Calie No. 77-11. Preliminary Plat - Skyline BuIlders . Miller referred CouncIl to his report of 3130/17, noting that nearly all comments have been corrected In revIsed plat (4/11/77). William Dolan displayed the revIsed plat, noting that the north/ south street has been moved to the East, all wIthIn the boundarIes of the plat: N. S. P. has approved the street locatIon and has advised they wIll have no problems In serving al I lots as proposed. Delan noted that the cul-de-sac has been enlarged to meet the 120' dIameter requirement: 50' wide street Is proposed to better utilize hlph ground for buIlding sites. Dolan advised that Houle (south sIde of cul-de-sac on Valentine Crest Road) has granted Skyline BuIlders an access easement to Lot 8. Mr. Holland (north side of cul-de-sac on ValentIne Crest Road) saId he has not given an ease- ment as of this date. . Crichton noted that Parks Committee wIll consIder the Par.k~Dedlca- tlon at Its meeting on April 12th. Dolan said that the ~.32acres in the Southeast corner of the Plat Is proposed for park dedication; deslrable.that City retain control of this area for drainage. (Woodburn noted that City would have controi whether area Is dedi- cated or not.) Highway noise was discussed. Dolan suggested that bermlng would probably be the only solution. In revIew of plat, Woodburn noted that a 30' front setback Is In- dicated (Ord. requires 40'). Dolan requested approval of the 30' front setbeck on the cul-de-sac street; 40' from County Road F can be provided. Dolan reported that RIce Creek Watershed District will consider the plat at Its meeting this week. -4- Minutes ot Regular Council Meeting Page five April II, 1971 Crepeau asked tor any additional comments from neighbors concerning the proposed plat. None were expressed. Dolan said that Skyline Builders has requested that the City con- struct the road and Install the utilities. . Mike Hollend, 4112 Valentine Crest Road, requested a copy of the proposed plat. (Dolan gave him a copy.) Crichton moved, seconded by Woodburn, that Council approve the Preliminary Plat (Skyline Builders Arden Hills Site), dated rev. 4-11-77. with the following conditions: I. Approval of drainage etc. by Rice Creek Watershed District and the City Engineer. 2. Proot of easement agreement or purchase ot access for Lot 8 from Valentine Crest Road. 3. Resolution of Park Dedication by the Council. 4. Approval to Include front setback variances of 10' (30' from front property line) on new road (not for lots on County Road F). 5. City Attorney's approval of appropriate measures to assure buyers of potential noise on lots along Freeway. (Refer- red to developer and Attorney Lynden to resolve.) Motion carried unanimously. Case No. 77-13, BulldlnQ Permit for Tennis Court and Air-Support Bubble over Four Courts Miller referred Council to the Planning Commission Minutes, recom- mending approval of Issuance of the Building Permit; noted that the Commission has concern re structure meeting codes. Mr. Jim Bourquin referred Council to documentation he has gathered re temporary air-support structures (Ashrae Standards, Air-Tech Industries brochure, etc.) and explained the economic need to In- crease the use of the tennis courts at the Arden Hills Club. Bourquin said the bubble would be In place for seven (7) months and removed from May through September. Bourquin said the court area Is screened by woods and buildings on the south and west; can be seen from area to the northwest. Bourquin said that vines on the existing 10' fence would provide some screen- Ing and pine trees could be planted; berm on the north could be In- creased; could use soil from excavation of fourth court to create a berm at the northwest corner, on adjacent property. Bourquin described the proposed bubble as similar to those near Parade Stadium, Wayzata and Mlnnetonka; would be a double envelope; structure would be 200' x 120' In size and Internal to existing fence; maintained at 600 or below temperature; courts will be lighted. Miller suggested that parking and lighting plans should be reviewed as well as landscaping; building Is Imposing In scale - does require some specific screening, especially along north side and northwest corner; parking needs will Increase, especially In winter months, by approximately 16 people. After discussion, CriChton moved that Council approve the concept of the air-support structure for recreation purposes and authorized Issuance of a Building Permit for the-fourth-coart.aRd'alr-support structure over thecfour courts, provided structure Is determined to meet code. dependant upon: . I. Planner's approval of screening along the north side of the courts, and 2. Building Perm~t to be for the life of the bubble, or 10 years, whichever Is shortor. (Re-appllcatlon for Building Permit required prior to replacement.) Motion was seconded by Hanson and carried unanimously. -5- ~ Minutes of Regular Council Meeting Page six Case No. 76-41, Final Plat - Chatham First Addition Miller reported that the Final Plat baslcsl Iy conforms to the Pre- liminary Plat; Planning Commission noted the follo~dng concerns: I,prll II, 1977 I. Verification that <!III interior lots consist of 11,000 sq. ft. 2. Verification that all lots are a minimum of 75' wide at the bui Idlng line. 3. Verification that the number of 85'wide lots was not re- duced when 11,000 sq. ft. interior lots were created. 4. Platting of walkway areas between lots as part of outlots, rather than easements. . After discussion, Woodburn moved, seconded by Hanson, that Council approve the Final Plat of Chatham FIrst Addition, subject to reso- lution of outlots vs. easement matter at next Council Meeting based on Attorney Lynden's advice. Motion carried unanimously. (Hagen agreed to submit a statement from the surveyor to the City, verifying that ~I Interior lots are a mlnumum Of. 11,000 sq. ft. 'r;i. and that ~101S a minumum of 75' in wldt_h atthl} bul'j..!!'.i 11!'~1.1"'J-- :>z'.d>~ "'0$ ~ "'~ 'n"~. Case No; 77-4. Preliminary Plat - Karth Lake Estates Mr. Keith Harstad reported that he has been unable to finalize an agreement with Pilgrim House to date re the 208' portion of road across the south 30' of the Pilgrim House property; from a planning standpoint, carrying the road straight through is the best. Attorney Nordling said that Pilgrim House does not wish to be arbi- trary, but the developer will not compensate the church for its property; referred Council to his letter of 4/7/77. Nordling said that Pilgrim House cannot sell for a reduced value of Its property; will negotiate for full market value of the land taken. Harstad suggested that the City proceed with eminent domain. Hanson and Crichton expressed reluctance to the taking of land, unless no alternative can be found. Harstad offered the following temporary alternative, for Council's consideration, which he said would continue as long as necessary In order to proceed with the plat: Place a holding order on Lot 31 (possibly affecting a portion of Lots 39 and I also) and relocate road In this area 30' to the south, by-passing the Pilgrim House property. Nordling expressed concern that this temporary easement would be putting Pllgrl~ House In the situation of having to donate the 30' wide portion of Its property at some future time for the road; Church would be donating the land and paying for the road which is not In the best Interest of the church. Woodburn cited. several instances where land h.a.s been given fOI" roads and the properties also assessed; not an unusua~ practioe nor consid- ered to be unfair. . After discussion, Crichton moved, seconded by Hanson, that Councl I approve the Preliminary Plat of Karth Lake Estates contingent upon: I. Preparation, by the City Attorney, of an agreement which provides for a temporary easement for the road across the north 30' of Lot 31 (possibly also affecting adJacent.lots (Lots I and 39, Block 3) until such time that a decision Is made regarding the Pilgrim House property, and Approval by the City Engineer of the temporary road reloca- tion re utilities and road portion involved. 2. Motion carried unanimously. (Harstad agreed to work with Attorney Lynden re preparation of the agreement.) It was noted that the Park Dedication has not been reso:v~d fa Karth Lake Estates to date. -6- , , Minutes of Regular Councl I Meeting Page seven April II, 1977 Resolution No. 77-20 Re Improvement No. W-P-SS-76-1 - K~rth Lake Area WOOdburn moved, seconded by Crichton, that Counci I adopt Resolution No. 77-20, RESOLUTION RECEIVING REPORT AND PROVIDiNG FOR PUBLIC HEARING ON IMPROVEMENT NO. W-P-SS-76-1. Motion carried unanimously. Public Hearing is SCheduled for May 2, 1977, at the Village Hall at 7:30 p.m. REPORT OF V~LLAGE TREASURER DONALD LAMB . Investments Lamb reported that he has placed $156,581.25 into Savings Accounts 8 5% dally Interest for two months. Woodburn moved, seconded by Hanson, that Counci I approve the report and transactions by Treasurer Lamb. Motion carrIed unanimously. Request for Roadside Stand Permit - William Flicek McNlash reported that applicant has requested that the matter be deferred until the April 25th Council meeting. Fire Protection Status Report Woodburn reported that the firemen's proposal has t'een received; asked Council's suggestions regarding counter prop~sal; discussed potential costs In first year, mileage charges, ho~rs spent for other than fire fighting, compensation schedules, etc. Metrofolltan Waste Control Commission - Additional Charges for Cer- tain ndustrlal Users Woodburn reported that certain Industries In Arden Hills wi II be subject to a Streng.~ Charge in addition to the chlrge based upon volume of discharge (Control Data, Apache Container and Royal Machine Industries); charge to ~~ Imposed by the MetropolItan Waste Control Commission to recover operation and maintenance costs of treatment works attributable to the strength of discharge. Woodburn referred Council to the four alternative Implementation plans, recommending No.4 - Commission handles the program with the consent of the City, which requires adoption of an ordinance and entering a Joint powers agreement with the CommIssion allowing the Commission to handle the program. After discussion, Woodburn moved that the Counci I introduce by title ORDINANCE ESTABLISHiNG AN ~NDUSTRIAL USER STRENGTH CHARGE iN ADDiTION TO THE CHARGE BASED UPON THE VOLUME OF DiSCHARGE BY AN iNDUSTRiAL USER AND ESTABLISHING AN INOUSTR~AL USER STRENGTH CHARGE FORMULA FOR THE COMPUTATiON THEREOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT SERVICES ATTRiBUTABLE TO THE STRENGTH OF THE DiS- CHARGE OF iNDUSTRiAL WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAiNST PROPERTY SERVED IN CONNECTION WiTH SUCH STRENGTH CHARGE. Motion was seconded by Hanson and carried unanimously. (McNlesh was requested to send copies of the Model Ordinance to the Council members.) . REPORT OF VlLLAGE CLERK ADMINiSTRATOR CHARLOTTE MCN!ESH Claims and Payroll Crichton moved, seconded by Woodburn, that Council approve the Claims and Payroll, except Check No. 9817, in the amount of $408.00. Motion carried unanimously. (McNlesh was requested to refer matter of legality of municipality's financial support of charitable Institutions to Attorney for his opinion to Council.) Police Department: A. Police Chief Review Board Crichton reported that all persons invited to sarve on the Review Board have accepted, except Roseville Chief Goneau who has been III. Crichton suggested that Captain Spencer, Remsey County Sheriff's -7- . Minutes of Regular Council Meeting Page eight OffIce be asked to substitute for Chief Goneau. Crichton reported that the following persons were also suggested by members of the Public Safety Committee: Jerry Singer, Floyd Roman (BCA) and Ron Nicholas (Chief In Lexington end Circle Pines) Jlprll II, 1977 Crepeau nominated Captain Spencer (Ramsey County) as the substitute appointed member. Crichton moved, seconded by Hanson, that Mayor's appointment to the Review Board. mously. Counc;1 approve the Motion carried unanl- . B. Job Descrl tlon for Pollee Chief Crichton referred to Job esc:rp on for PolicE Chief sub- mitted by Frank Stanton, suggesting the following changes: I. Chief to be accountable to the Council. 2. Delete reference to Pol Ice 009, and give dog to Chief Sexton If he would like to have the dog. 3. Add the provision that Chief make recommendations to Council re new ordinances which will enable Police Department In law enforcement. C. Salar Ran e for Police Chlaf Crlc on suggeste tha a sa ary range ~e established, suggest- Ing a range of $18,000 to $22,200, based on the 1976 Stanton Report ($1500 to SI800!month). Council concurred that this range Is acceptable; salary range to be Included In advertisement of the position opening; suggested that ad be p I aced In LMC magaz I ne, MI flnesota Peace and Poi Ice Officers magazine, Minnesota Sheriff's magazine. o. Insurance Llablll~uad Car ~:~~~~~/~l;.;M1.~~a pO!l.l!~_~o~ . 4 to ride with officers in tho..squad cars. Adjournment Crichton moved, seconded by Hanson, that the meeting adjourn at 12:37 a.m. Motion carried unanimously. perltilt~ "L -<7 ~~> nar OTTe McNlesh Clerk Administrator . Notice of MeetlnQ The next Regular Council Meeting wlli be held on Monday, April 25, 1977 at 7:30 p.m. at the Village Hall. -8-