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HomeMy WebLinkAboutCC 09-28-1959 (2)� IvIIN[T`PES OF REGULAR MF:ETTNG COliNCIZ.OF VIZIAGE..OF ARDEN HILLS MOND,AY, SEPTEMEER 28i 1959.., The meeting was callad to order at 8:00 p.m. bg Mayor Ashbach. Roll call; Present; Ashbach, Crepeau, Del,ange, Kapnedy • Ai�sen�; Stromquist Deputy Clerk �largarat Steinkraus was present to record the minutes of the meeting. The minutes of the September 11, September 14 and 3eptember 22, 1959 meetinga were read and approved. A public hearing on rezoning from residential to commercial property owned by John Grudnoske located near the Southwest corner of Hsmline and Highway 96 xes held. Trie legal description o£ this property is: The �Iorth 351 feet of the East 833 ieet of the NW�, Section 22, Township 30, Range 23, subject to Cou�tg Road G(T.H. 98) and Harnline Avenue, all in Ramsey County, Minnesota. .Re2oning of property owned by John Neske had also been deferred until this time so tnat tne Council could consider the matters together. mr. Kennedy reported that tne Public Weliare Committes had a meeting to discuss rezoning in ganeral and this particalar rezoning. It was tha unanimous opinion of the committee that Ardan Hi11s did not have too much land zoned commerci�l and axa not in agreament with Mr. Jones, Village Flanner, on this point, The committea also felt that.the Nesky and Grudnoske rezoning should be approved and if anp other land owners between these two pieces of propertg brought in petitions relative to rezot�in� their land from reaidential to commercial, the matter ehould be considered favorably. The Public Welfare Committee recommended that no other changes be made in the zoning ordinance unless a�gecific, highly desixable type of businese such as lar�e department stores or insurance companies wanted a particular piece of land that was not zoned properly for their activities •�ir. Kennedy moved that the rules be suapended and this be considered as the second, third and final reading oP the ordinance amending the zoning ordinance to rezone to commercial the portion of the ,1E� of the NE� of Section 21, Township 30, range 23 and that the ordinance be adopted upon publication in the Roae Tribune. Motion seconded by Crepeau. Motiop carried. .Mr. Grudnoske statad that he really was onlq askin� to have an area 300 feat and 833 feet along Highwaq 96 rezoned to eommarcial. 1; Minutes of Regular Council Meetin�, September 28, 1959 2 • Mr. Kennedy moved that this be conaidered the first reading of an ordin- ance to rezone this Grudnoske property from rasidential to commerciel, that amount not to excaed amount requested in petition. The exact amount to be determined before ordinance is drafted. Mr. Crepeau seconded motion. Motion passed. Mr. �ennedg suggested that the Council should iqsist that a survey of land to be rezoned be furnished witn petition requesting rezoning so that � the exact parcel in question can be easily determined. Mr, S. J. Kranak appeared before the Council, at Council request. The Council requested Mr. Kranak to surface Gramsie Road to Rolling Hills ftoad. Mr, hranak stated that he will have it done before cold weather sets in. Dr. Edward Walsh, 1401 Forest Lane, asked the Council ii they had re- ceived a report from their attorney on the legality of building a ewim- ming pool on Forest Lane. The proposed pool is to be built bg not more than 10 familLes on a lot not yet purchased by the families. pttorney Courtney stated that he had found nothing in our buildin� code or ordinance specifically referring to swirruning pools. If a pool is to be an accessory building to a home, it would require a permit and any problems concerning it would be referred to the Board of Appeals. If the proposed pool construction is not a privata pool, the Council has the •power to pass an ordinance permittin� construction and regulation. He recommended that the Coupcil amend the zoning ordinance to �efine awimming poole or else pass a separate ordipapce dealing with pools, describing procedure and specifications. Dr. C. E. `Natz, 1415 Skiles Lane and P. B. iisl�, 1401 Skiles Lane, adjacent property owners to the proposed.pool brought up several points they woald like the Council to consider before they passed such sn ordin- ance. They did not feel that it would be possible for the Council to enact an oTdinance that would make this project nuisance-free to ths adjacent property owners. Mr. Kennedy stated that the Rzblic Welfare Committee had also considered this matter at their comznittee meeting. The committee did not oppose the idea of pools but could see many pro�lems.arisipg with them. If an ordinance was passed anabling.this pool to be built, they felt.that all surrounding property ownars should hava access to the pool. The committee also felt that a chain-link fence of suPficient height would be necesssry • to keep small children out of the pool area at upsupernisad times. The mayor recommended that the swimming pool matter be laid over until the next regular Council meeting. The Council concarred and felt that the matter will need to be considered carefully and there will probabl� have to be an amendment to the zoning ordinance before the pool can be built. • Engineer Carley was alsked when the 12 Village street maps requested by the Council would be ready. Iie stated that he expected to have them the next day. �inutes of Regular Council Meeting, September 28,. 1959 3 • pttorney&s Report; Mr. Courtney stated that he had spent considerable time with Mrs. Pattarson 3n re�ard to the Patterson matter, as she feels the turnaround easement will upduly penalize her propertg. He suggested that Mr. Carley have a talk with her and try to come to some soTt of equitable agreement with her concerning the easement as condemnation proceedings are possible but expansive and necessarily involved. Mr. Carley to check with her. •Mr. Courtneq stated that on the Kranak bond there are no specifications attached to the bond and no time.of completion has ever been set for finishing the roads in Shorewood Hills #6. Mayor stated that wa Ho have in the oificisl minutes of the villa�a a request thmt he furnish us with a bond and completa the roads upon Council request and that the specifica- tions are in the ordinance. No action was taken on matter. Attorney Courtnay presented the Clerk's office with s letter regarding the purchase of the Village Hall from the_Village of Mounds view, dated Sept. 25, 1959. The Hall now belongs to Arden Hills with all papers in order. Nir. Cou�tney said that the Joseph Besch matter poses a serious questio�as to who has responsibility for covering him ss he was an uncompensated �inil Defense worker. It could be Ramsey County, Ramsey County Civil Defense or the V�llage of Arden Hills. The attorney adv3sed that the Village handle the matter under the provisions of 5ection 176.191 of the iviinm�eota Statutes. He felt that the Village should not accept reaponsi- •bility as if we do, our workmen's compensation premiums will go up because the rate will reflact al1 Arden Hilla Civil Defense volunteere. He feels that the Village should 1et the Industrial Commission decide responsibility. He suggested that the village deny the claim and let our insurance company undertake the defense. The Industr$al Commission is willing to handle Besch�s defense in order.to avoid a charge to anyone for attorney�s fees. The Council felt that compensation beneYits should be made ava2lable to Mr. Besch as soon as possible, The Council recommended that Village attorney notify our insurance companp and Ramsey County of their position on the mstter according to attorney recommepd€�tions. Mr.TNeber seported that Mrs. Seseh has been in need of ready cash and two Civil Defense members have advanced her �300.00. The Arden Hills Police Departmept and Civil De�ensa Unit are sponsorin� a drawing on a TV set which they hope will raise �1,000.00, the proceeds to be turned over to he r . Dr. Watz suggested that if the Vi17.age is to cover their Civil Defense •Unit under their own insurance policy that a specific district or area be set up where this unit will be covered. Mr. Courtney presented an ordinance accepting the provisions, terms and conditions contained in Ordinance No. 10725 of the City of St. Paul, ss amended, and Ordinance No. �_�3 of the Village of Roseville, which ordinance was passed September 22, 19�u�,-a11 relating to the co�anection b,p the Village •of Arden Hills to the public sanitary sewer system of the Village of R�ee- ville. Rosevilla has requestefl that a copy of Arden Hills ordinance accepting their ordinance, duly autriorized and certified, be on £ile in the office of Clerk befora Detober 6 so that they may accept the St. Paul ordinance before October 11. Minixtes of Aegular Council �eeting, September 28, 1959 4 this . NLr. Crepeau recommended that the Couneil waie'e the rules, consider/the lst, 2nd, and third readin$ of Che ordinance and moved that the Council paes the ordinance, seconded by De�nge. Motion oarried. Publicatioq can be delayed until October 8 as Roseville does not require that it be published before October 6. The sewer contract documents betwsen I�amettl & Sons, Inc. and the Village of Arden Hills for Project Nos. 1& 2, of Sanitary Sewer Improvement No. 1, •found to be in order by attorney, were presented to Council, approned by Council and properly signed by the ��yor and Deputy Clerk. The attorne9 presented the Village Council with a oontract letter from Hanister Engineering Company, dated September 14, 1959. Up to this time, there has been no formal agreement between them and the Counc3l. Lettar referred to Fittance Committee. Council noted that stakin� and field inspectiope were not included except at aq extra fee. Before a contraet is entered into with Banister Eng. Co., the Council felt that the matter should be investigated thorou�hly. Tha attorqey staied that the property damage provis3on in tha i�surance aection of the buildin� code dePinitelg referred to �25,0OO.OD for each accident end racorrunendad thet bhe Clerk�s office reject all certificatea of insurance that do not comply with this provision. •PIIBLIC WET,FARE: xennedy regorted that he had attended � Rural Municipal- ities meeting on county planning. Ae feit that the purpose of the �roup was �o �et a degree of planning for all of Ramsey County. The group would like a representative from each village to attend meetings and help make up a� overall map of existin� zon3n� apd bring back suggestions to local village. It is actually reactivgting the Ramsey County Planning Comtniss3on that held its last meeting in 1952. DeLange moved that tne msyor appoint a representative to attepd theae meetings. Mr. Crepeau seconded motion. �otion carried. The incinerator proposition was also revived at this meeting. Warren Brenna� would like a representative from each village to attend a meeting to keep i❑ touch and gather facts. ffihe Counb�l su�gested that the group determine whether there is a problem before trying to solve it. �r. Ken�edy was appointed to attend these meetings. The Clerk 3s to inform 1�r. Brennan. •Mr. A�hbach was unable to attend the Governor�s Conference on Vlater Pollu- tion but sent two representatives, Dr. Sekhor�, Hee.lth Offiaer, and a represeatative from Banieter E�gineering. The report was made. Dr. Sekhon felt that water pollution was no problem itt the Village arax. The Council recommended that there be spot checking 6g individuals if they had a problem. No official action at this time. � Minutes of Regular Council Meeting, September 28, 1959 5 • PUBLIC SAF`ETY: Crepeau attended a meeting called by the Re.msey Cou�ty sheriff for villages interested in buying poliea protection from the county. The Council sug�ested that aomeone from the Sheriff�s office he inv�ted to come to a council meeting to diseuss the ma�ter with the Council, Crepeau also attended a ftamsey County Officials meeting. The9 are attempt- ing to adopt a uniform ordinance oq burning apd fire control throughout the countg, Theq are recommending seven apeaific chan�es in ths fire ordinanee •Nlatter referred to the Fire Chief and then to the Villa�e Attorney for recommendation. The New Brighton Fire Department stated that they euould like to be paid �75.00 for each call they answer in the Village of Arden Hills. It was �ecommended that the Ramsey County Sheriff�s Office dispataher be et�coura�ec to send the proper fire depas�tment to the proper village. October 12 there will be a hearing on the Village Budget for 1960. Mapor's Repoxts A letter received from the Walter Aztler Compapy interestei in preparin�_complete plana and specificatios�s for awarding sewer con�racte was put on file with the Clerk. pshbach reported that he and Mr. Stanslaskg, Naw il�ighton mayor, discuased the possibilitg of asking the county to take over 5towe Avenue. The Counci; reierred the matter to the mayor who is to write a letter to the County Commissionere requesting them to take over �nd maintain this street. IVIr. •Ed Salverda was present at the Council meeting and the Council requested his help in the matter. PUBLIC ROADS: Mr. DeLange reportad that he had received a complaint from Mrs. Richard Carlson,.1159 Carlton Drive, concerning a drainage problem on Tiller imne. ppparently, a houae is being built on a lot by a bir. Andersora which is tha natural drainage for that area. The 1ot has been tiled and ioright green water is com3pg out of the pipe most of the ti.-ne. She feels that it is a health hazard to children playing in the area. Mr. Dei�ange suggested to her that the area could be fenced or boarded over the top. The matter was referred to Mr. ?,shbsch and �r. Del�nge for further action. Mr. DeLe.nga ha� recently inspected all village streets and he is recommend- ing that some of them be oiled. Mr. Kennedy moved that the proposed budget for 1960 �s presented bgy accepted by the Council for the public hearing, October 12. Motion seconded bq C�epeau. Motion carried. It was observed by the Counoil •that tha mill rate will atay appro�[imately the same for the coming yeap if the proposed budget is adopted. A letter from �nister En�ineerin� Company concerning the Preliminary Report on Sanitary Sewer Improvement for the southwest portion of the Village, dated August 10,.1959 be placad on file with the clerk. •A letter, dated September 23, irom the Village insuranae agent, Wm. H. Hite wae placed on file with the Clerk, recommending that the Village Hall be appraised by McGregor-Deyo Appraisal Company to deternine the correct amount of insurance that should be carried on the building, cost of appra3s not to exceed �25.00. There is a bindar eovering �15,000.00 of fire, extended coverage and vandalism insurance on the hall at the present time. Minutes of Regul.ar Council Meeting, 5eptember 28, 1959 6 • Mr. Kennedy moved that the Council request Villa�e Clerk to order the Village Nall appraiaed through Wm. Hite, insurance agent, cost not to exceed �25.00. 3econded by DeLange, motion carried. A letter from the Minnesota Water Pollution Control Commissioq approving the plaqs submitted for sewerage faoilities in the Village was read. They requested that ths enolosed form be mailed to their office when the project is completed. Letter referred to Clerk. • An invitation from i�orth St. �aul invitin� the Council to attend the Fall Regional meetipg of the Isague of Minnesota Municipalities in the Village on actober 7 was read. Three Council members, Ashbaah, Crepeau and xennedy, indicated that they planned to attend. A letter from Thomas, Sradford, King & Collatz, attorneys for the Village o£ Shoreview was read in which they stated that some of their residents were disturbed by an asphalt plant operating ip the north end of the villa� at the Twin City Ordinance Plant. The matter was referred to the mayor. Robert W. Nixon's epplication for a rubbish and garbage hauling license was again submitted for �ouncil approval. He included a complete schedule of rates with application. Mr. Kennedy moved thst the Council grant him a license subjact to Lhe Health Officer's approval. T�otion seconded by DeIange. �otion carried. •Claims #1900 through #1926 wera presanted for payment. �r. Cpepeau moved �hat these claims be paid. DeIange seconded motion. �otion carried. Mr. Ashbach moved that all meetings held in the Village Hall be scheduled through the Clerkts Office so as to avoid con£licts. Motion seconded bg Kennedy. Motion passed. The Hsayor brought up the matter of publishing Village Council meeting minutes in the legal aewspaper. The matter was referred to the Clerk to check cost of this and the pumber of people living in Ardep Hills that actually take the Rose Tribunel Clag Kelley, Building Ipspector, stated that he has had a request for a permlt to attach a basement garage to a basement house at 4235 North Ham- line Avenue. He felt that this would actually be upgrading the property as the basement house was built before Arden Hills incorporated and new owner plans to build on the entire area next gear. The Council agreed to leave the matter to the judgment of Kennedy and Kelley as to �uhether oT not • to grant this permit. 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