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Home My WebLink AboutCC 04-09-1979► _ • � MBNUTES OF RECaUTAR COUNClL MEETIN6 ViVOage of Arden Hiils Monday, Apri� 9, 0979 - 7:30 p.m. Village Ha1B Ca18 to Order Pursuant to due ceil and notice thereof, Mayor Crepeau calted the meeting to order at 7:30 p.m. Roll Ca19 Pres�~- Mayor Henry J. Crepeau, Jr., Councilmen Charite Crfchton, James M1ingert, Ward Hanson, Robert Woodburn. Absent - None. Also Present - Vlllage Attorney James lyoden� Engineer ponalG Chrts- toffersen, Treasurer ponald Lamb, Planner O�lyn Miiler, C9erk Ad�eOntstrator Charlotte McNiesh, Oeputy Clerk Dorothy Zehm. _A� �rova9 ot Mtnutes n on moved, seconded by Wingert, that the Mfnutes of the Regular Councll Heeting of March 26, �1979 be approved as submitted, aod the Minutss of 4he SpecQal Counci6 Meetings of March 27, 0979 and Aprtl 2, 9979 be approved as corrected. MotEon carrled unanimous�y. BUSINESS FROM THE FLOOR Mr. RoBfe Warden, representdng Wm, Farhet and Philip Resha, rho have recentwy compieted the Esst Side Bevarage factlfty on 6Pey Fox Road 6n Arden HfP9s, explained that, 4n thelr opinton, construc- �tlon ot the East Slde 8everage fac�lfty, on a 5.1 acre site, does not constitute a subdivision, and therefare is not su�ject to park ded}- cattop rithtn the meantng of the Mlnnesota Statute ahich perAits subdlvtlsnon regulat9ons �ho require perk dedication or cash in Bieu of dsdictotion. Marden sald they aro not dlaputing the Slb,l]7.5� computatFon, but do not 4ee� the dedicatlon ts appropwiats unde� the.Baw. Wac�den offered to cert�fy the funds by placQng the monay �n escroa, or give the Clty a ch�ck in payanent thsreof ahBch would not be cashed unti0 a declaratory Judgement ha9 been obtelned. In dlscusston, it Nas noted that park ded6catlon also refers to storm water ho9ding areas or ponds. Mard�n acknox@edged that tha East S6de Beverage ►vould poss6bBy be ob9lgated to dralnage costs. After discuss8on, Councti concurred that fihe requast for escrow of the park dedtcatton funds be dended, end �hat perk dedicattcn funds be paid �Po the Ctty prtor to tssuance of a Certificafie o4 Occupancy, as we!& as sattsfactory resolution of the fo�lowBng additio�aE pend- Ing itams: ^ I. Dedlcatlon ot a 334 atde access easement tor road purposes, and 2. City Engineer's approvaB ot slte drainage and topogr»phy. Councio e�eferred to �aemo from Cr6chton (3/30/79), and after discus- sion, Hanson moved, seconGed by Crichton, that Courtcil approve SI6,177.5@ as the appropriate East STde 8everege deveCopment pa�k dedicatlort. Motion carrBed unanimously. REPORT OF VflLLAGE ATTORNEY JAMES IYN�EN 07. Amondfna Pe 9 of th� Arden HIIBs Crtchton moVed, seconded by Woadburn, thafi Coancil approve Ordinance No. 207, AM ORDINANCE AMENDING CHAPTER 09 OF THE ARDEId HILLS CITY CODE, RELATIN� TO PERSONNEL OF THE CSTY, BY CHAN�ING THE PROViSlONS THEREBN COVERING FREQUENCY OF COMPENSATBON PAYMEPITS, RMOUNT OF OYER- TIME COMPENSATOON. ANO YACAT90N AND HOL@DAY BENEFBTS, as aa�ended. Motion csrried unanimous9y. Lynaen referred Council to op6nAo� IetYer by Margaret Mahoney (4/9/79) of hTs office, advtsing that the mandatory provtsion of matarnity benefOts does appBy to cTties. _�_ i. • L MINUTES OF REGULAR COUNCiL MEET�NG Page tNo ApriB 9, 1979 After dlscussion CouncDt concurred to pro�ide meternity benefTts to City emp@oyees etfective 4/29/79; asked Attnrney Lynden to pursue whether the mandate does, in fact, pertain to Arden Nflls due to the number of employees. Attorne GeneraY 6 inion Re uest - RCWD Lynden was aske about the status of Councii's request for an Attorney 6eneraB's optnion relative to pre-emptlon of COty Ordinance requlremant by Chapte� 112. Lynden reported that he has nof pursued the matter to date; had assumed it to be moot af this polnt since the Ctty determined the structurrss To os a "publie utilTty use", and since the Ctty was a patitlo�er in the preceedings; wTll proceed to wrdte Bt up !f Councli stlll deslres the opinion. Lynden Nas requested to pursue the Attorney General's opinton. Laxln ton Avenue im rovemeat - Status Re ort Wayne Leonard, Ramsey County Engineer's o6 ce, referred Counci) to the detaiBed construction plans of Lexington Avenue; �oted that the State has agreed to fund four Q4) mi9es of the Lexington Avenue improvement tLarpen�teur to County Road E?; County is obligated to put the proJect u�der contract in 1979 in order to acquire the funds. Mr. Leooard reported tAat it is the CountyTs intent to acqutre the 50'x60' pe�operty, at the northwest coroer ot Lexington and County Road D, remove fihe house and grade fhe property for a better line of sight tn that area; have author3ty from the Board to condemn; request CounciB's suggestions re the proposed aCqutsTtion and, if in agreement, hor to proceed. Leonacd advised fihat Ctty's approva9 oi fihe p0ans w811 be requested, after they have beon reviewed; asked for Mayor's signafiure o� the titfe aheet, and askaQ the method ot procedure Councl9 desires,the County to fo99or. In discussion, Council generaify agreed that if aould �e in the pub- 9ic's interest to acqutre the 50�x60' property in oa�der to pro�(de a better 6ine of sight for pubBic safety. Woodburn and Hanson agreed to accoaapany the County Engtneer°s repe�esentattve snd Jointly notify the property orrners ot the City's concerns and proposed property acquisOtOon. " It bas noted that certain other propertyfsD mey be cVoser than anticipated to the improved road; owners shou8d be not6ffed by phone that the construct�on plans are ava11ab0e at the Vtdlage office if they w95h to see them. � leonard brieffy revfewed the pBans; suggested they be revtered by the City Engineer and CounciB; noted fihat the proposed Agreement indica#es Arden HI��sT cost fl 54,706.62; desires epproval by Arden Hflis and Shorevlew by the end of May. Leonard advlsed that the north two-mile segment of fihe improveme�t is scheduled In 1980; tfie south tNo-mile segment tn 9979; Rlce Street • br6dges are tentattvely scheduled In i9BB; Grey Fox Road to Hlghway 96 in 9983; noted that the County would not went Lexington aod Rice Street under construction afi ffie same time; there may be a possdbility of lmproving Lexdngton Avenue 4rom Grey Fox Road to County Roed F In l981. Counct� deferred action on the p@ans fio the Aprie 30th Councl0 meet6ng, pending r�poa�t re plans review by City Eng(nea�; authorized Mayor to sign the Tit9e Sheet approving tha rlght-of-way. REPORT OF VILLAGE PLANNER ORLYM MPLLER 77 Miller referred Counc(B to his report of 4/3/79 a�d ettached sketches indtaaYing three alternativas baing considered for improvOng access to a possibie future tour-Bot sugdiv9sMon ot the AmbBe property (1m- -2 _ . MBNUTES OF RE6UlAR COUNCYI MEET9NG Aprll 9, 5979 Page three mediate6y south of Karth Lake West), Miiler reported that the Plan- ning Commissfon recommends Alternate fl2, wtth the additlon of a utiiity easement bstween lots 2 and 3 on the Karth �ake West plat to the Amble property (as 9nd6cated on Alternate �i!). Keith Hsrstad suggested that they dedtcate the approprlate uttlity easemont between lots 2 and 3 in the Karth Lake West plat, but defer tnstallatlon of the ut199ties untll Mr. AmDle Is ready to develop h6s property. After discusslon, Hanson moved, seconded by Woodburn, that Council accept the PBanning CommtssEon's recommendattons and ap.prove the Alternate $2 concept wlth the provision of a 30° wlde uttlity � easement betreen lots 2 and 3_ Kaa-th Lake Nest, as Tndiceted in Alternate ,4t tattachments -t:. t'��n��sr�s Rep<>rt ot 4/3/79), fa� potential water and senaer Iines fo the Aanble property. ido'rion carrded unanimously. Wingert and Crichton agreed to reBay Council's action to Mr. Amble and to determtne Mr. Amb9e's prefierence re Pastaliation of sewer and water stubs (now or at the t9me he pBats hts Band). Counc6l dtscussed the tdm➢ng ot fiho street construcfion from Karth Lake West to Amble Road. Woodbur� moved, seconded by Hanson, that Council authortze Attorney Lynde� to proceed xTth condemnatton for the road access. After further d95cuss0on Woodburn moved, to tabBe the motlon to the April 96th CounclB Meeting, penddng report re meettng wlth M�. Amb9e. MotBo� was seconded by Wiogert, and carrTed unanimousBy. Case No, 79_y Zon6n Ordt�ance Amendment re Earth-sheEtered Res!- deoce M�69er reterred ounc9 to h s report re Recommended Amen - ments to O�dinance No. 99 Regarding Earth-Sheltered Structures, for cons6dera�P6on; noted that the Peann%ng Commiss4on appo�nted a Sub- commi#tee to draw up specit6cs for a Zoning Ordtnance anendment to pec�mit earth�she8tered a-esPdences; recommends, tn tha interim, that ^earth-sheOtered resddences" he excBuded from the def4nitton of "ceEOar" and that the section on eoisual standarGs be amended to require PlannOng Commission and CounctB revtew ot "earth-sheltered residences" before Issuartce ot a BuiBd(ng Permlt. In dOscussdon, Mi91er reporteQ that some communtt9es are permitting earth-sheStered homes by grantBng variances from their Zoning codes; suggested phis mtght be constdered for the spec7fic houses proposed by 9ob Todd on certatn Oots 1n Karth Lake Estates; iots could be consfldered for variances because of "difttcuBties of the land". Mt�ler satd that )n talking aOth the BulBding Code psople. they IndPcate that they have aR9 thB too0s rEth Mhich to deal with earth-sheetered homes In the current code; any changes would be very minoe°; noted that "ceBlar" Is a redundant term - 9f a^ceVlar" 0s constructed that.meets ?he code standards, it ds a permTtted resldence. Keith Harstad sa!d they wou8d Otke to bufEd tNo earth-sheEtered homes novr; are anxious to use dlfferer,t techniques; wah�rs �y�wars . raedy for °Parade of Homes" i� August. Woodburn asid he feels the need tor moa�e Enformation re earth- sheStered home constructtq�; does�'t Aave the questions, much Eess the ansNers; fee0s they are too expertmental and the But9ding Code doesrt't rork for this type of housing, CrBphton noted that the var6anc� request rould be from the Zoning Ordtnanco, not the Bul9ding Code; appltcanfis cou9d have Bulidiog Permlt noa to construct the homes, 6ut the homes cannot be used as "restdences" w9lFhout a vartance from the Zo�ing Ordinanee which probibBi•s the use of a"celYar'° as a dwe�ling ("ce98ar" is deflne4 as that portton of a buiiding having more than one-ha9f of the fioor to cei@!ng hebght be6oe+ the average Oand grade"P. -�- . 9utlar� No. 79- M3NUTES OF REGULAR COUNC�L tdEETING Page four AprlB 9, 1979 Harstad said that application wip8 be made for fwo varienCes to permit construction and occupancy of t�o earth-sheltered homes on lots 47 and 48, Kar�h Lake Esfafes. CounclB referred the App9Tca- tions, aheri recetved, to the Board of Appea6s for recommendetlons to Couocl� at the Aprt9 96th mee�Fng. Wingert agreed to meet with the Boartl ot Appeals to expBain the reasons for the variance appl6catlons. MutuaB Service Com an - Revised Si n Sizes M3 er re�erred ounc to revised p ans tor the two MutuaR ServTce signs pravfous@y approved �t A'4"x!1'4"; explained that MutuaO Service wanfis to increese the Pine Tree Drlve slgn to 5'S"x03'4", and the Highway 59 sign to 7'4"x83'4^ (�oth under 100 sq. ft.) so fihey xb88 be vistbla in case of heavy snow cover. M198er noted Yhat vartances had been granted for the tro Kground signs"; they are fio be Boca�ed fihe requtred 25 ft. 4rom Qroperty Bines. Wtng�rt moved, seconded by Hanson, that Counci9 approve the tro sdgns as lndicated on p&an dated 4/5/79. Motlon carrled u�antmously. REPORT QF YOLLA�E TREASURER DONALD LAMB 28 at NoPthrestern Nattona9 Bank, St. Pau9 for matnr(ng b/27/79, � 60,10� tnterest. 9nvestments 3 29 4 - �Oi,655 90 days, 3/29/79 - f000,000 af Oak Park Heighfis Bank for 90 days 9 90.30$ interest. Hanson �aoved, seconded 6y Crich4on, that Councl0 ratifiy the invest- ments as report�d by Treasurer Lamb. Motton carried unantmousiy, OTHER BUSBNESS Park Dedication Pro osaBs: A. East S de Beverage dSee Busbness trom tha FBoor - these Mtnutes.) B. Wynridge Crichton raferred CounctB to his memo o# 4/2i79. After discussion of the aB-�ernattves descrtbed, Council deferred � 8C'FIOfl pending Ctty Engineer's estimate of cost of con- sfiruc�king tfie cul-de-sac tn Cammings Park Qeast of the Wynrldge PBat3. S�bsidv Criterta for Grlchton refarred CounciB to draft of ResoBufion No. 79-63. After dtseusstoro, Counc66 de4erred acfi�on, pendtng 9nformation on status of BiBA re Stafe funding for d6seased tree removaB. Nersls4ter Pub9lcation Committee Mee-tin of �darch 04th • Counc was referred fo letter firom Neas9e ter ublication Commtttee Chairman Dava Locey (3127/79) and to aut0ine of The Ardei� Hi18s News@efifier Pub86catlon CommiY�ee as to: Purpose, Respvn�TDi01t(es, Du�Ies of Chatrma� and Re�atiaoship aith the Councid of the Ci#y of A�den Hfips. � After discusston, Councll genereBBy concurred wBth $he memo as out6lned; rsquested fihat a ResoBution be dratted for CounciE`s consideratlon at its hext Regular M�eting. Woodburn and Wf�gert �gr�ed to ca&laborate in tha preparafion of the ResoVut�on. Purchase ot Picku Truck Cou�ci d scussed the Clty°s needs for vehicles by tAe Parks Dept., Tree Bnspector and CSO during th� summ�r months; defi�rmined tha4 schedules couBd probabBy b� re-arra�ged so thai the Parks Director and CSO could share a vehtcie, Tree BnspecYor atl6 need one and an- oi•her will be n�eAed ior the se�mmer CETA dmpioyees. _q e MeNUTES OF REGULAR COUNCIL MEET@NG Page five ApriO 9, .1979 After discussion, Woodburn moved, seconded by Wingert, that Council authorfze seQuring informai bids for one new B/7, ton pickup truck, based on spacifications to be determined by Public Works Supervtsor Johansen, and no trade-in. Motion carried unantmous9y. LTcensl� of Renderin Plant Counci@ was referred ta Attorney Lyndsn's tetter of 12 26 78 aheretn he advises that the approach torard rendering plants whlch the Cifiy of Nea Brighton has estaGlished, seems a more effecttve ray to handie the nuksance �ature of render- ing pBant uses than the one currentBy emptoyed by Arden Htlls. � . After discussfon, Councll generally concurred wtth the steps taken by New Brighton to i�prove fihe rendering pBant sltuation; referred the copies ofi Ne� Brighton°s Agreements and ReaoBution to Attorney tynden to prepars a Resolution for Arden Ntlls (not enumereting the deficiencies, sTnce the "use" Is non-conforming in Arden Ni98s), and an Agreement to imp9e�e�t the Resolut(on, for Councit's consldera- t(on. Council concurred that it prefe�s to continue to fssue a Permit, rather than to License rendering plants. McNlesh was requested to contact New Brighton re rhether thelr City Sanitarian rtl➢ inspect the plant tn Arden HTBIs; if so, estlmated cost to Arden HI90s. �CSO �E �ut ment Re uest ooK aburn repor ed that C50 Perry has requested a fire ext3ngulsbe� and Flrst A0d kit for the CSO truck. CouncTt concurred that the City furnlsh these items. F(�aace CommEttee Resiqnatlon Hanson repo�ted that Ji� AfdaB has because he ts moving to Shorevi�w. the Planning Commissfon and Parks members, that the ^Town Crier" be next issue asking for vo9unteers. restgned froro the Flnance Committee It was suggestad that, sfnce and Recreation CommTttee aiso need asked to pubBtsh a notice tn the REPORT OF CLERK ADM6NBSTRATOR CHARLOTTE MCNIESH C_laims and Pavro9i McNtesh �sked Counci6 approva@ of one Claim, In addltion to those listed, to Hea#ing �nspsctor Eugene Pakoy, in the amount of f853.�0. Crlchton moved, seconded by WJnger�, that CounciB approve the Claims and Payro8l, incBudtng the Pakoy COaTm, as submitted. Motioo carried unaotmously. b@i - Land cricnton repo�ted that heryB and Le� Grudnoske, oane�s of the property anst of the PubBic Works buG&ding, ar� agreeabBe to the City's plaot- ing of 25 BPack Hd9B Spruce on thefr property, as shoan on the Land- scape Pian dated 3/89/79. Crichton expladned that the Grudnoskes are contempBating deve9opment ot this property which would probab8y invoBve so�e gradtng; asked if fihe City wou9d be interested in acquir�- ing sane of the parce0 as parfi of the(r park dedication. Crlchton suggested that the City deGay the pfanting on the Grudnoske property pendtng furthe� in4ormatlon from the property owners re 9and vaBae, extent of grading etc,; not�d that the pBan indtcates about 20' of ptanting from the Ct�y�s property 9ine. Woodburn moved, seconded by Wingert, that Councis approve tAe Land- scape Plan ldafieE 3/19/79), fncluding ttem 5; ttem 5 to be hsld Tn abeyance unt10 City hears further trom the property owaers. Motion carried unanimously. CounciB authorized the preparation o� spectficatdons and advertise- ment for btCs, based on the Landscape PBan dated 3/19/79; item 5 to be btd as an optton. Rdjournment •t mo�ed, secon ed by Hanson, Char otta McN esh Clerk Administrator -5 - that t m g ad, urn at 92:06 aem, e ry J eau, r. May r