HomeMy WebLinkAboutCC 11-13-1978♦
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MiNUTES OF REGULRR COUNC9L
Vfilage of Arden HIIIS
Monday, Plovember B3, l978 --
Viilage Ha81
h1EET1NG
7a30 p.m.
C�EA Yo Order
Pursuant to due call and notfce thereof, Mayor Crepeau called the
meeting fo order at 7:35 p.m.
r ,
Ro01 Call
Present: hiayor Henry J. Crepeau, Jr., Councilmen Ward Hanson,
Robart Woodburn
Absent: Counci6men James Winpert. Charies Crichfion
Also Present: Engineer ponaid Christoffarsen, Treasurer ponald
Lamb, Public Works Supervisor Hans Johansen, Clerk
Admintstrator Chariotte McNiesh, Deputy Clerk Dorothy
Z�hm
Approval of Mtnutes
Woodburn moved, seconded by Hanson, that the minutes ot the Regular
Council Meettng ofi October 30, 1978 be approved as amended..
Motion carried unanimously.
Business from the Floor
None.
REPORT OF VlLLAGE ENGINEER DOIJALO CHRISTOFFERSEN
Final Plans for RCWD Upstream Img,rovements, Lake Johanna Watershed
Christoffersen reported that in his revieN of the Fina6 Plans
for Rlce Cresk �latershed bistrict Up�tream Impravemants, he hag
some concern re fhe design of some of the strucfiures; wlfi outline
his conCerns in a written report to Gorncll.
Chris'Foffersen advlsed that a letter from the RCWD Board of Mana-
gers, addressing qudsfions presented to them tn a letter from
Mayor Crepeau, w6�1 be forfhcomtng; reported that it is his under-
sfianding �hat RC6VD pians to oaen bids on the project on.December
5fih.
Christoffersen brtefly discussed the s�veral structures proposed
in fihe Arden Hlils por4ton of the pro,{ect Nifih Council; reporfed
that he has �lerted RCWD of some of hts concerns, which they indt-
cated they wou6d "look into"; suggested to RCWD that some of the
s#ructures be adJustable; natod thai� certain areas wil! be
"f9ooded" BsBoughsd efic.) when structures are operatinq.
In discussion, CounciP querded whe#her RCWD lnYends to pay acqulst-
� tlon and ma(ntenance costs nfi all neaded easements; sugges�Ped that
a Specia8 Use Permit may be required for construction of the
various s-�rucfuras; expressed concern that RCWD has advertissd for
btds priar to plan approva8 by the municipality.
� Council requested the City A#fiarney°s interpretatton as to
whether the struci-ures propossd are a"pubitc ufiiPity" or "pubtic
� use", and whether a Special Use Permit is required (Ord. 99).
McNiesh was requesi-ed i-o alert RCWD of �he posstble deJay if it
is determined that the Specia� Use Permi7 procedure is required.
Bids for lmorovement No. 78-4. McCluna's First
Christoftarsen refierred Councii to his le�Pter of 11-13-78, and
a'�'�ached bic� tabula4ion, for 5treets and Ut3If'FI85, McCtunq's
F1�5'!' Addltfon; �ct9d i�hat Fc�r�st Lake Confiractiflg,lnc. is the low
bidder afi $53,758.60; recommends Counci! aw�rd i-he 61d ta the low
bldder, subject to approval of �he devetoper.
John ARcCtunQ submifited a Vai•�`er to Counci9, accepting i'he low bid
anci requasting Councll to procaed wlth �he projact.
WooCburn m�ved, seconded by Hanson, the�h Councii award the bid
to� streei�s and utiYities tor McClung's First Addii-ion, Wmprove-
Q�
F'inutos o4 Rogular Counctl h1eeting �ovember 13, 1978
Page 4�0
men'r SS-W-P-ST 78-4, fio Fores� Lake Contracttng, inc. in the amount
oP �5fi,751.50, and aufiho�iztng execuffon of the contract by the
City. Motton carried unanimous9y.
McClung's_ First Addition - Park Dedlcation Request
John McClung referred Council to P�inutes of October 30th Council
Moe�ing r� �cCiung°s First Hdditlon's park dedicatio�; requested
thaf Counci8 change the dste for final paymenf trom November 30,
9980 to Juna 30, 1981. After discusston, in which it was noted
tnat the two-year time poriod has been the poVfcy established fn the
pasi-, McClung wlthdrew his request.
� App&ication for Ffnal Payment - lift Station No. 5
Chr(staffersen referred CounciV to his lotter of 11-13-78 re revi-
stons to Lift Station No. 5; recommanded the acceptance of the
proJect, and payment of the fourth and Final Application for Pay-
ma�t in the amount of $9,810.66, under the condltions Ifsted in
hls fatter.
Ha�son moved, seconded by Woodburn, tha� Councif accept the Revl-
sion to Lift Station No. 5 profect and approve Final Payment in the
aroounf of SI�SItl.66 subject 4o release from American F(deBity and
Fire �nsurance Company, Contractor's surety, and satisfactory
resoRutton ofi Aquatro6 involces of 8459.22. Motion carried unani-
mous9y.
A�petcations for Pavment
Christoffersen recommended that CounciB approve payment of:
A. Hardrdves', Inc. Aep9lcatton �3, in the amount of 313,33i.69
�10 retainagei for ConneBBy Avenue (Improvement P-ST-77-6)
and Valentine Lake View �3 4�mprovement SS-W-P-ST-77-71, and
B. Erwin Mont omer Cortstructfo� Com an A Ilcatfon $3 in
• fihe amount of 523,524.25 (!0 re-tainaqe) tor Janet Estates
(ImQrovemen� 78-]).
Hanson moved, seconded by Woodburn, that Council- approve payment �3
fio HardN ves', �nc, and Montgomery Construction Company as recom-
. mande� by the City Eng�neer. Motion carrted unanlmously.
Chatham DeveBopment - Sfiafius Reporf
Chhris?ofgersen reported �hat he met with the developer, Mr. Hans
Hagen� and the cortrac�or, C. W. Houle, re compietion ot the
Chatham improvement; reported these (tems to be rectifted, whfch
Hagen agreed to complete:
&. CBean the s�orm sewers in the low areas of debris.
2. Grade �he excess maYeria! deposited on the southwest corner
of Caunty P,oad E-2 and OId Hdghaay 90, cr�atinq a roBiing
• berm which atld �at crea�e a#rafific hazard.
3. R�move �hs debris from guttar area along County Road E-2.
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Christnffsrser� reported ihat the constructlon traioer at Cou�ty
� Road E-2 and Old Highaay 10 belongs 4o C. W. Noule and has been
used by Shorf-EI@iatf du;ing cons�ructlon of Chatham and the vari-
ous other projects in Arden Hills; trailer can be removed, or
mnved fo a mo��e suitable Bocatlon, Sf desired; sugpestad that
ir�spectors couid use the City Naii during construc•tion of the norfih-
end water project (fihrough the wfnfer month�).
A�'tee discussion, Counci@ concurred that the trail�r could be left
a�y its presa�f 9ocai�ion "or now.
REPOf2T OF Y2LLRGE PIANNER ORLYN N1lLLER
Caso No. 78-33, �d�or Subdiviston - Dale L. Laudon
M;IIer refe�red the Councll to his report and reported that the
Planning Commission rscommends CounciB denial oP the lot splft be--
cause fhe newGy created dot is not ot adequate area or dimensions
to a0iow a funcfilonaB ap91t.
A`ter revlew oi the survay presenfiod, Woodburn moved, seconAed by
-2-
Minufes of Regular CouncFl Meefiinq
page th ree
NoV�mb�e 13s 1978
Nanson, thafi Councii deny the @ot spGE't as presented. After fur-
ther discussion, fn wh,lch it was reparted that Mr. Laudan had
indicated h9 woald be presenfi at tonight's meeting, Wood6urn
moved to table the motlon until later in th� meeting. Moi�ion to
�'ab4e carried unanimousB��.
nfter a!1 other CounciV Agenda items ware considered, and tt
bacama evid�n� that the apptic�nt �ouid not appear at the meeting,
Nanson moved 4o recansider ihe original motion to deny the lot
sp01t. Motton was seconded by Woodburn, carrted unanimously.
The original mofio� denying the !ot spidt carried unanimously.
� Case No. 78-34 Mtnor 8ubdivistan - 9n'hernationai Paper ComoartY
MilVer revieweG his report of 10-30-78, and raferred Council fio
the a'�tached sketches d�pict�ng the lot spiit proposed, andar�a
p9afi and topographq.
Mi.l@er e�eported that the Planning Commissian recommends Council
approv�9 04 the proposed 9ot split co�t3ngent upon appravaB by the
Fire Chie4.
in dtscuSslon, it Was Counci6's co�sensus.fihat the PVanaing Com-
mi5sion's fire concerns can ba more appropPiately resoBved at`
bul9ding permif time on ParceG A. It w�s noted that there are
numerous hydrants on the Internatfanal Papar Company s6te tParcel
B).
Hanson moved, seconded by Woodburn, t6at Council approve the lot
spBft as proposed. Mo-Yion carried unan8mously.
B Us� €'ermit to Ren
r�ptiEif � r�'}ySFJyid6�lf7❑ �yOli1@S � � � . .
� MiBaer ref�rred Counel! to his report of 10-27-78 and to fhe Pian-
ning Commission's a�ocommendations (minutes of II�I-78); ex�lained
tha� irhe applJcant is proposbng to deve9op the si�e in phases -
the infttaB phase consists of renovation of th� existing scfiooB
. butlding intarior ir�to 99 apartments for the �ldar6y, and a com-
pYeteBy r�mada9ed l�uiBdtnq exterior; the site !s proposed to
ramain en its axis�Fing conditfon exc�pf tor $he construcfiion of an
eotrance driv2 for drap-o4f of resid�nts at ths froni', and minor
modfficatio� af �he D3tumfnlous parking and serviee area. MtVter
repor�t�d �hafi Yhe Plann(ng Commtssion recommends ?fiat an Inferim
Specia! Us� P�rmtt be approved �Po address the building renovation
on9y at this tfine; occupancy permdi� be withheld unti9 approvaB
of an overa08 stte and landsca�e plan o4 the combined s14es.
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Reverend Hagstrom r�gerred Council to p8a�s prepared by Architect
Robert Ack�rmann (bu'slding eGevafdons, fBoor pians and �irst Phase
sit� p9a��; r�ported fihat, s3nce the P6anning Commission Meefiing
_ of Novemb�r 6sf, an amended slte p-0an 4or the First Phase deve0op-
msnt was peepared by Me�, Re�d, whlch altev?ates some of the con-
cerns express�d by the P@anning Commis�ion.
Mr. Reed (Par�c Nurs�ry? presa�ted tho asn�nded sl'�e p9sn proposa9
fdafied !B-BO-78) for 7he FB�st Phes� (Sutton PBace? deveBopment of
a partion of fh� school site; roi-ed that plans for developing the
ramadnder of �the s4�e �ro not y�i- camplefie. Bn review of the
emendad p�an, R�ea sioted thaf the driv�way access from Laka Johanna
BBvd, has b�en deB��ted and the two major e�frances have been
changed tc the aast sid� ai` 4he building wlth access to a cu7-d�-
sac"drfvsx�ay on the east sdde of fhe buiBdfng from County Roac� D.
Ra�d noted that Yhe exist[ng 5'ituminous parktng i�t (east of th�
butiding) vri8� be ra�maved €�nd e new bitum3nous parking Bot con-
strucfed <°or 95 cars alarsg �he Ccrunty Road D sfde of the site;
exist?ng front entr3nc� and s•Pairway on the aest stde of the build-
ing wi�ll be retalnmd (entsanca wiE! be ufi9ized for fire exi�
onBy3.
tle� discuss6on, ii� �a5 noted �hat 'Phe bcal9dtog wi I I be highty
sacured and wi&9 have a resdd�nt custos9tan; an identtftcation
stgn is proposed in fhe corner of the site 4Gounty Road D and Lake
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Minutes of P.eqular Caunct9 Me�$ing
Pag� four
November 13, 1978
Johanaa B9vd.); the exisfiing mecha�fcai room (south portion of
buiEdtng) ts adequa7e to house a trash compaci-or - no outdoor
trash recepac@es are proposed; the generaB landscaping was d�scribed
as °'Bow matn�enance", consisftng of pine, sprucep v{rgin @tiac,
etc, to a6leviafio noise from fihe County Road D/Johanna Blvd.
firaFfic, and Yo scr�en the �utldinq and parking Yot #rom the resi-
dential area south o� Couni-y Road D.
Hans�n expresssd coneern re tha intensity oi �fie devetopmenfi of
the baBance of the prope�-ty and ifis Noten•YiaB impact on the comm
munity; wouPd &ike �o see a comptete plan of the entire site as-
suring that fhe development will. be an asset to the elderly and tha
commundty.
Nags�rom expBafned that fhere ts some urgency to renovate tha �x-
isting school butlding; ?h�y do not want the buiiding to remain
vacant and subjected to vandalism; intend to proceed wtth the
balance of developmenf plan wfiile ¢hfs building is being renovated;
intend to propos� on this site oniy that which is permitted by
ordinance; noted that ten units of !ow-profile fownhouse residencas
had been proposed on fihe soufh portion of the Presbyterian Homes
s6f�; fhese wi1.1 need to be re-styled tf they are to be reloaated
�o the school site. Hagstrom said it is the inferes� of Presby-
terian Names #o proNide housing for Couples who want indepen.dent
!lving and the security of 9(ving next to Presbyterian Homas, and
want to be a part af a tota& proqram when and if it becomes neces-
sary. Heqstrom nof�d that fihey propose 4o deieTe the towrthouses
tsom the ortg[nat site and br{ng them to this site; hava taBked
aboui �n "a6�-weafiher walkw�y" from one site to the other, bur not
vehicu9ar access.
4doodburn sai d he
si-ucco or b rt ck
genes-at6onal �ase
children); pbsns
conditioned and
on the roof fif
feels °uneasy" about the indafinite plans -
or botha slte deve9opment was fo incorporate inter-
of the slte (dncorporating a play area for
do noT 6ndica�e whether building wi86 be air
whather-any mechanical equipment wilB be located
so, screan3ng is required). �
Hagstrom sa6d the ir?tsrgenerationaB programs are intended as a
part of ths Phase T�ao dev�lopment, not �his building; had advised
the neiyhbors fh�t thfs butlding woupd not be demolished; want �to
get fihe renovation started while we work on the total plan.
Lamb asked ii� tt�e multEpae-use structure Is intended fo be
seasona9 or year-round. Hags�rom said this fias not been determined
as yet.
Hansors satd fie would BEkm to sea a"tentativa Q9an" fos �he site;
is canfidenfi that Presby•;•orian Homes will compVete the site develop�
menf, 6ut wan�s to be sure it wfll bs compattble to th� neighbor-
hood.
Wood6urn moved �Po d�fer fhe Issuance of a SpeciaY Use Permit tor
"Suttan PRace" uni�il a Preliminary Site D�velopment Plan of the
entire new parcel 1� received vshich ind{cates tocafiion, dimensions
snd height of buildings, 6ocation o4 and dimensioos of drive�vays,
park3ng spaces and service areas, locations of proposed signs,
exterior iighfing, iendscaping (inc9uding piant sizes) a�d possibBe
road easem�nts or access riqhfs ot;way. Plotion was seconded by
Hanson and carrEsd unanic�ous0;�.
an review of iho pr�posod site plan presentad toniqht, i1� was sug�
�asi��d thai the park.ing !�t atong the south portion of the site,
aiony C�unty Road D, be moved northward and eastward to provide a
20' wicJe Eandscaped boulsvard betwe�n the parking lot and th6
sfireet rignt-of-way, Coi-�ncf I direclFed fhat #he required Prelimin-
ary Site D�vslopmenfi Plan b� pr�seri�Fed dErecfily'�o Council, when
pcepared.
6n 6iscussion, Councii suggested that a year-round interqenerationaY
-4-
Minutes at Reqular Counc6l Maettng November 13, 9978
Page five
program taci9ity is preferable to seasonal; st#e development
must ftt �he res(dentfal area in ahich it is located and not a
commercial venture or a high traffic generater. !t was suggested
that the devaloper �ork wt�h Ppanner Miller re Preliminary Site
P6an preparation.
FZ:IIF
Permit for Tenni
MIIiOP reterred Council to his repart of 6-2-78, Survey of Lots
i6 and I7, Karth lake Esta1'es. indicating the proposed spiit and
consolidatfon to provfde for a tennis court on lot I�� and to
p9at maps showing tha subject lots fn relation to surrounding lots.
� Plilier raported that Council action o� the lot split and consoll-
dation was deferred pending fhe Pub&Ic Hearing re the tennis court
ienc�; noted that the iot split and consolidation, as proposed,
wieo not bring either lot info a variance situatlon; reported that
the PBanntng Commission recommends Council approvai of the lot
spl6i� and consoltdatfon and issuanc5 of the Spectal Use Permit for
i-ho tennfs court fience, cont(ngent upon movtng the tennis court
tence 7' east of the r�est property Bine oi lot 17, and requiring
Iandscaping and proper maintenance of the area between the tence
anA �ot 9lne.
Rft�r discussion, Hanson moved, s�conded by Woodburn, that Councii
approve fh� lof spiit and consalTdaYton, as per survey submltted,
and issuance ot a Spectai Use PermPt for construction of a tennis
court erith a BO' high fence on Vot 17, 7' from the west and south
property 9ines; area between fiennis courir fence and property lines
to be 8andscaped and properiy main•taLned. �lotian carried unani-
mously.
flt was noted fihat no Yighting o� tho court is proposed or approved
at fhis tima).
• Case No. 73-4, Karth Lake Estates -- Lofi Solit an
� � ue aeToac�c var� ance re �ot 9 lil OCk I
Millac^ rsfarred Counci) i�o his roport (10-30-78) and to the recom-
m�ndations of i•he Planning Commdsslon (Mfnutes of IY-t-78); no'Ped
, fiha'r placing a restrain� on one lot to recttfiy a mistake on an
aeljacorit loi� may e�ofi be feasfble; suggesfed thaf, stnce lots 10,
71, I2 and 13 have no�fi been soid, a covenant be placed on these lots
tc� es'rablish the setbacks.
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Aftar discussion, Woodburn moved, seconded by Hanson, that Couricil
approve a slde setback va�lanc� of 7' an lot 9 eonfiingent upon
�sfiab9lshing approprlate set6acks on lo4s 10, It, 12 and 13, Block
t, Kar4h Lake Estat�s by ?lanner Mi1Ber, and contingent upon prepara-
tion of recorda6l� covena��fis on thes� fofis by the deveioper.
� tCtty kttorney to approvF cover�ants). �
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9t was noYad by Eibensteiner that ors'way to alleviate probiems of
'rhis nature is •ho r�quire� af �time �oundafiEon is poured, that
surv�yer draw the Bocation of fh� house on the pla-t; not required
currentiy in Arden NiYls.
Case No. 78-32a Office Bu39dinq - 3i30 N. Ci�ve!and Avenua
i�i V ier reterr�d Counci 1 i-o, plans submii-ted for �Phe construc�Pion of
a one-story offtce buitding on the northeast corner of County
Road D and ClevaEanii Aver+ue, rsp0acing 1-ho �xis•�ing service st�tion;
r�ferrod Counci B i-o his rt�porfi of, IG�27-78 and -to the Ppanninq
Commission recommendations (Minutes of II-i-78)e
D::vslop9r 4��ke Rsch reviewad the buf6ding elevaaions and site
Ria�t Fco!�os�l; noted tfiat an 19 car parkir,g lofi is proposed on the
�ievr�lan9 A�e�nuo side or �ihe �ite agd an uuxiltary parking lofi snd
s�rvica df-ive, v:tth fenced=�n re4use area, on the southeas? portion
of ti��+ sit�n �hich is acresnetl iram adjacont properttes. Rlch
ind(catad Eoca�'lons ot catch oasins a� the northwesfi and southeast
of ths sifo; n�tod that floor grade v{i!! be estab8ished affier
arading plan is approved. REch said he proposes to preserve as much
o` th� axis�inq bitumtnous �s possibBe; parkTnq and driveway areas
_5_
M3nu�es af Regvlar Cauncll Moeting November 13, P978
P.3ge six
wi46 b� over-9aid and th� baiance of the bituminous area will be
fiurned into gre�3n area.
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A�i`�r review of the proposed sifie pian, revt5ed Oandscape sketch
psepared by PAilOer �nd ff7e PBanntng Commission�s recommendations,
we�odburn moved, secon.ded by Hanson, tha�h Council approve issuance
o� a Butiding Permtt tor an offica buiiding as per p@an lreceTved
lJ-25-78y with fihe #oQlowinq confingencies:
I. Gradfnq pian approErel by City Engineer.
2. ,Landscap� p,ian approval by Ci4y Ppanner.
3• APproval and recei�t of Landsc�pe Performance Bond.
Motion carrted unanimously.
tCoueaciB na�ed tha�t since thds is redeve�opment of a site, it is
��t subJ�ct i-o park ded'acation requiremenss.)
Street N�m� Pt-o�osai
MilBer r�f�rred Councll to s$reet name, propo�d.by the Planning
Ccmmtssion, foP the east 35W frontage road, sa�th of HTghway 96
fa 64th Street N.E.
Affer �Iscussion, Hensan moved, seconded by Woodburn; fihafi.Council
approve "Round Lake Road WestP1 as the natne for the east 35W frontage
soad (Highaay 45 to 14th Si'rgef N.E.?. Mot6on carrted unanimously.
PubVic Works Buildln - P9anfies Plan
&1 41er requssted Cauncii Prspe�t re the proposed IanCscape pPan
fior �he PubBfc Works BuiBdtng eddltion; suggested that the p9sn
prasenfed is possibly foo decora�Pive; suggested i-haY screening
soft�nfreg of the si�a may be more satisfz�ctory and less costiy.
9n dBscussdnn, it was sugges#ed that Miller dave9op an over-a99
Pua91c Works Landscap� Plan (may no� afi be p6anted inttfa0ly);
sh�uld recognize and purs�e posslbi9'sty of plgnting on property
4h� ea��h.
and
to
---._. -�� , v�+," �- a�rnr�a Loi'_Ig �e �C��m_ �u_s�
(Ni I�r �as r�quested to submit h s rt �cc�m�nendatfons, r� tlse Bethel
Ca9lege Campus Sp�ci�B Us� Permifi, fior PBanning Commission and
Councd9 COP85Sd�P8'I'I6f3 p.rior �Fo the end of the year.
OTF�ER SUSPNESS
A rov�p of 9nstructors and R�fer�es f978 Fa16 Pro ram
Ha�r3son r�ov�d, seconded by Wpodburn, i-haf ouncil approve th� hirfng
of i�he 9978 ;s9g Program Vns4ruc�tors and R�ferees at the saparies
s,p�cBfiod tn memo•trom Buckf�y (i�-B�78➢. 9Noi�ion carrTed unani-
mo�is�y.
rra� Yo n
hwestern Nationa6 Bank Landsca 3
u8ar Gounc I Pie�tOnga
Pub 0 ic Ydorks Emn @o�ee Raview
Ydayna Caunder�ii9�, Tim Cannors iLocaO 49) and J�rry Couri�r (7wfn
Tos�n Treafienent C�nterJ �rer� pres�nt.
Caunci� was ref�rred fo E�#ter <eiafied 91-03-78) from 3er�y Courler
(Tt�in 1'own ireatr.;�nt ;�nter) r+hdch M�yor Crepeau read in f#s
erai-i rei'y.
Aftar hearEng th� spec(fbc ch�rges and rebutt�@ (see attacfiecj�D��
Woodburn maved, sQcon�ed by Hanson, that W�yfl� Lauetde�ville be
4erm3naied froen viBdage �am�poymen' as of November p4, 9978 because
of misconduct; City Attor�nvy to es4absish m�thod for City Yo pay
for heaEth and acCld�sit in;urance covesag� for two months beyond
tha end of Rovsmbar, and fer Laundervi9le to contlnue the coverage
at nis �xp�nse 6eyond that da�Pe as Bang as poBicy wt19 permit.
PAo�ion carr6ed unanimc�us8y,
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�inui�es o�` Regudar Counc's 9 F4Qe�?�ing
Page� �even
iJovember 13, 1478
Public Safe�V Commftfee Recommendaf6orts:
A. 5�tr�:e�h Li qhfi 7q
Wood�urn r�ferred Counci� �ho MEnut�s of the Public Safe4y
Comniii�t�s M�efiing tla-6-787; moved that Council concur v�i4h
the Commii•fee's recommendations: (�) fo approve the Cardiac
Pacomakar Iighfi at Counfy Road Fa afi the CPO exit drfve
(9fqhi• fo be ins4a91ed ae�d maint�ined st CP�'s expense), and
a si�re�t iight on High�vay'9b af Sn�iOinq Avenue for sa#ety
reasons. f2? To dany Yhe requests for lights at mid-bfock
on GEenpaui Avenue aesd a� Yh� intersec�Ion of �ramsie Road
and Da99view, because a safety fiazard bs not apparent.
Mo4ion was seconded by Hanson and carried unanlmousiy.
CounclO discu;sed the posstb0e need for a street Iight at
Ard�n P9ace and 5n�lling Av�nue. HlatPer evas referred to the
Publtc Saf�ty Comreitfiee for its r�coenmendation.
�
i
B. Siqn Requ�,st
woodburn movedp s�cond�d by Haesson, tfiat CaunciB concur wiih
th� Pu60ic Sat�ty Commiti-ee°s recommendation to Geny ?he
"Ca+�fion - Ci�ildr�n PBay£ng" sign af Chatham Avanue and
�IeCracEcen Lan�. P9otion sarrled unanimously.
mgf�t6an of Prob$tdonary P�riod and Salary R�commanda�don - Tr�e
PoicMEash r�ferred Cos�nclB 4o mamo from BucKley t91-9-78); reported
that Coue�cl@man Croch$on called reBa#!ve fio this ma#ter, r�eom-
r,�e�ding Cosanci9 approval oi Yne salary inca-�ase now and review a4
fi� farsfi of fhe y�ae'.
Hanson nov�sd, s�carrd�d by Waod4urn, that Councid appreve a s�&ary
r�isa 4or DavDd Wlnke6 of GOd par hour commenefng an Monday,
h�verabor 93, q978, with ihe uesd�rs•?anding #hat .his sa6ary wB 99 be
r�vi�wed agatn ?hg #irsfi of 4he year. Motion carried unanlmousBy.
Rppolni-m�nts- t� Plan�inq Core�mds�lon
Nareson moved, s�eo��od b� bJoodbvr�p �n�4 Councd9 accept the resi�_
?sa�tnn of Tr�r�nc� fficClosk�y frasn �he P6anning Commissfortg and
a;apotes-t Rob�rt� ;.uz�-�'s, a� a R�gular Plassning Car�misston member,
�nd .�nhn HolBonhors-�• �s 9s� Alt�rnat� to �he PBanning Commisston �or
���a ba0ance c,f 197a3, F1o#Bora e�rr[ad us�animously.
R�POi2Z" pF ViLL�GE CLERK �DP41FJtlSTRr�iOR CH,4RLOTTE,MCNIESH
Aflprova6 of_R��4ai P SaO�s �.6CBCi56 " tACdBtI Piaza Pharmacv
H�nson r,auved, �acon€i�d tay l�acdbura�; thaf C�unci i approve dssuanc�
c# � 89�8 and 1979.°fRoi-ai I S���r ��C4�CIS�91 fOi� ArBen Plaza Pharmacy,
3�33 Ncsr•i�h L�acingtos�. PA�fion carrie�l �ananimousBy.
. CAatms snd Pz,���9 6 '
t-l�nso'rn moved, sQcor,c9ed by Wopdbe2rn. '!•h�t' Gou�c'a ; approve �he Clalms
aE�d ?aywoGB a� suSr�i���d, �io•'ric�n c�rried ur�anir�ousPy.
� Didt�e;n�
P:<aNl�sh re�o�v�� �h�a a�:9ivids3nd o� 9�55.00 has 6�en re'Purned to
-�lis i,i•t}< oa i-Ys t�or�;r,z�s+.�s Gon�es�sa�ivn ?�6icy.
A�ijc�ar�rs�nt
6v��odif�3rn n�ovs�de ;,eecsndeS by Nan�ar.k o-hai 7`he maeting adjour.n af
'�:i5 �.�,, �re;-Yaan carri�;i u�ar�i�aousJ�!•
G � �� ����a/��-s�
Cha1-'l�$i'ia h1CiSo�Sh
C'ssrEc Admir€i,•tr,3iur Maycar G�
i
�iE�tie::. of_C�unci 6 �a€:�� in,�
The �l.�xf RegaaBar C3�.�nci i^��et4ng �,r9 U a
2'?, i97LD afi 7<s0 �.m. a-i- fh� VilBag�
b� he9d or, lAondsy, Novemb�r
Ha!!.
TESTIMONY AT HEARING RE PUBLIC WORKS EMPLOYEE REVIEW
(attachment to Cierk's copy of Council Meeting Minutes of II/13/78)
Tim Connors, Local 49, said tt was his understanding, from the last
meeting we had with the Council, that any action on thfs hearing
would be postponed until tonight, and at this time we'd like to
say we reallze there have bee� some specific charges brought against
Mr. Launderville in this situation; Wayne rea�6zes that the�e have
been some problems invoived, and under his oan volition has antered
a treatment center to help him tn hfs situatton. (Connor.s handed
a brochure to Councii describing the St. Paul Building Trades Em-
ployee Assistance Program, and referred Councit to a letter from
Twin Town Treatme�t Center (II/�3/78), which he said should have
been addressed to Council (was addressed to Bud Johansen). Mayor
Crepeau read the letter aloud In fts entirety,
Connors said that they would Iike to have Mr. Launderville continue
this program; tn order to do this, it would be a great beneftt if
� he couid be assured of an income and insurance coverage during
his treatment, and know that when he completes the program he can
return to work here and resume his citizenship in the community;
requested that the Counci�. re-instate Mr, launderville with the
understanding that he will compiete the program at the treatment
center.
Mayor Crepeau stated that this Is Mr, Launderville's second sus-
pension; in between the two suspensions he was charged with "tam-
pering with an auto" on the job, using equipment belonging to the
City of Arden Hils to transport 'vehtcle,with out permission from
Mr. Johansen, the Public �orks Superintendent, and other charges
of which you are aware. Launderville has been charged now, for
the third time, with misconduct; it's commendable that Mr. Launderville
has taken steps to correct a problem that he has, but I don't know
how it relates to the three previous charges that have been brought
agai�st Launderville. •
Launderville said that, si�ce hts suspension, he has had a chance
to look at his life; didn't know where to turn, so he started
maki�g phone calls and contacted Mr, Jerry Courier, a Counselor
. at St. Paul Building Trades Assistance Program; was interviewed by
Mr, Courier and took a test; said he had no idea he had a problem,
but after talking wtth Don Johnson, in out-patient (TTTC), and tak(ng
another test, reatized that he is an alcoholic. Launderville said
� he has been there as a� in-patient six days now and realizes that
the Job dtdn't change, but that he did; said his attitude has bsen
terrible; has to admit that Bud had every right in the world to 6e
mad; said he has come to realize a few things durtng the past six
days there; reatlzes that Wayne has changed, not everybody around
him; had blamed everyone around him for his problems and went to
drinking tor security; thought his problems would dtssappear - has
Ceen "dry" for two weeks; would itke to continue the treatment.
Wayne said he supposes it looks like a"cop out" but he wants to find
a way to conttnue the treatment, if he does lose his job; wants
. to find out who he is and where he is going; said that right now
he's completely lost; there must be a signiticant reason why he
does such radical things; sa(d that xhen he drank he didn't use his
head.
� Launderville said his counselor had asked if his supervisor would
be interested in an •employer conterence", and 1 said I didn't know,
but he could ask htm. Wayne said he admtts that he's an alcoholic,
and wants to correct that; it's caused all my trouble, probably
caused my divorce, caused him to steal a car fl was not convicted
of that) caused me to be suspended; caused a lot ot problems; wants
a chance to correct them and wants to prove that he can; wants to
prove to himself, t�e commu�ity, the Councii that he can do it;
said he isn't going to drink anymo B- has had it.
TESTIMONY (continued)
Page two
Woodburn asked tor guidance in procedure; understands that a sus-
penston/reinstatement is a semt-judicial exercise of the Council
and as such feeis that Counctl shouid hear the problems or charges
as observed by any witnesses that may be here; should then Iisten
to a rebuttal or explanatton and then co�sider, if we can, what the
eventual effect on the Village will be re what is happening, as
we Judge his attitude; feels we have to hear the charges and evi-
dence and rebuttal. .
Hanson said that it was his understanding that the City wouid see
it there was specific information that could be given to Launderville
as to what the charges were. Connors sald they have the letter
notifyfng Launderville of the suspension, but nothing substantiat(ng
what the charges are.
� Public Works Superintendent Johansen was asked to Iimtt his comments
to what he has observed himself and to what he can report that he
was told ithings Johansen has observed himself, wbrk problems as
reported to him, attitudes in the department).
•
.
Johanse� said the latest tnstance was the taking ofi fire brick, that
showed up in a City truck at quittfng time a coupie days before the
suspension. Johansen described the incident as follows:
There was a fire call just as the men were returrting to
the garage at the end ot the work day; Launderville and McKinnay
answeced the fire call and Johansen said he walked inta3
a conversation; Brunette was say�f�g?�"C „ maybe i should tell
Bud". Johansen said he totd 8runette that, tf he had some-
thing to say and wants to get it out of his system, he should
tell him, Brunatte said he doesn't want to work with Wayne
Laundervilie anymore; said (t seems when working with Launder-
ville ihat he feels as responsible for what Laundervi�le
does as he aould if he dld the stealtng himself; feeis he's
as guilty as Launderville ts for taking things, Johansen
asked Wayne Brunette what he meant, and he said to look in
the truck. Johansen said he went out and looked and found
seven fire brick. Wayne B, told Johansen that Launderville
took them from a construction site on Indtan Oaks Court.
Johansen satd he took the fire brlcks out of the truck and
was taking them to his office when Launderville returned from
the fire call and asked him what he was doing with "his fire
brick". Johansen said he told Launderville that he wasn't
sure they were Launderville's bricks; said he intended to
find out where they came from so he could return them.
Johansen said that the following morning, Laundervflie told
him that he had taiked to the contractor about the bricks
and was told that he could have them, Johansen said he had
tried to reach the contractor that eventng and during the
followtng day, but did not reach htm until the following
• morning at about 7:30; reported that Launderville had
talked to him last night (may have been some time discrepancy,
but Jahansen said he asked the contractor taice about when
Launderville taiked to him.)
Johansen said that, prevtous to this situation, one of the employees
reported that Wayne Launderville took a lawn cart that was on
Thom Drive that dfdn't belong to him; it was being used by some
kids buildtng a fort or tree house.
Johansen reported that two days after the car inctdent, Launderviile
brought the van back to the shop partialiy loaded with roofing
materials tak�n from a construction stte. Two days prior to the
suspension, Johansen said, one of the employees reported that he
TESTIMONY (continued)
Page three
�
and Launderville spent considerable time that afternoon driving
around the Ctty looking for a 4x4 that Wayne Launderbiile wanted
to set a mail box, and that they also spent considerable time at
the water tower dismantling aluminum signs. When the other employee
asked him Nhat he wanted the signs for, Launderville said his son
collects aluminum for scrap.
When asked ff he saw any aluminum signs around, Johansen satd there
were some aluminum brackets in a box in the van that night tthe
van that Launderville was assigned to that day).
Johansen said that, at vartous times, all of the employees have
come to me and said they didn't want to work with Wayne Launder-
ville; when we do, we don't get anything done. He's disrupting
the whole Public Works Department. We don't get any productlon
from the other employees when they work with him, and we don't get
any production from Launderville most of the time.
Johansen was asked if he has noticed any decrease in the productlon
of the unit that went out? Yes, 1 can send one man out to sefi��
water meters and he may set 2 or 3, possfbly 4 that day; I can
send two men (one beTng Laund�cville) and they don't get any more
done.
Johansen said there have been various times he knows of that
Laundervilte left the City - one time he went to get his television
tubes tested. Johansen said he sent one ot the part-time summer
help out w)th Launderville this summar to clean catch basins after
the heavy rains; part-time man reported they did not finish the
job - we have about i} hours left - would have finished if I'd had
some help, but I had to drive the tr,uck and clean the catch basins
myseif; Laundervllle sat in the truck all day long and never got out
of the truck and he also took a nap.
When asked if catch baslns work could have bee� more difficult
than Johansen anticipated, Johansen said "It was after a heavy rain,
. yes" Johansen said he was told by one employees that a door latch on
one�tnuek a;$9 brpk8q; Laundervi.11e kicked it and broke it. Wayne
Launderville dtd replace the latch on his own time, which I told
him to do after hours one night.
• Johansen referred to the suspension of Launderville a year ago �ast
September -�ater tower incident - which demonstrated his irresponsi-
biifty at that time (W�odburn noted thatthis incident could be refer-
enced, since it is in the Minutes).
Johansen reported another incident of some time ago when an employee
said Launderville dropped him otf at the Ilft station to work and
then took ofif. I don't know .r.here he went. Johansen said he just
can't tolerate this behaalor any more.
� Woodburn summarized that, in addition to the reports that Johansen
had received, he has personal knowledge of a misappropriation of a
Model T, finding of aluminum signs and brackets, fire brick and
rooftng construction material in the Village truck (corroborating
� what Johansen was told) and as a matter of fact, personal observa-
tion of a door latch problem; these are aIl things that Johansen
" has noticed. Woodburn asked Johansen if he. at any time, noticed
anythi�g that might indicate a medical problem2
Johansen said "No, that surprises me. A few years back, I'd say,
'yes'; withtn the last 6 months or year, it never entered my mind
that Wayne had a drinking probiem. I know that at times he drinks
a considerable amount (or did) but it appeared to me lately that
he doesn't drink as much as he used to."
TESTIMONY tcontinued)
Page four
�
Johansen said that when he asked the Pubiic Works empioyees if they
wanted to make any statements at tonight's hearing, they said they
would rather not, unless they were requested #o do so. Johansen
said he belleves that every one of the employees would probabiy
tell you that he doesn't like working aith Mr. Launderville; seem*to
b� misiead or lead astray when they work wtth him. Johansen satd
that two of the employees have known Launderville for years, and
both said they "can't quite buy this, because he hasn't 6een
drinking that much this past six months to a year". Johansen said
tt surprises him that he has a"drinking problem".
Woodburn notad that one can be surprised, yet it can be the truth.
Joha�sen satd "That's true, but it surprises me."
Hanson asked Johansen tf he discussed the several described incidents,
as they took place, with Mr. Launderville, and if he indicated hts
displeasure and dissapproval fn each instanceY Johansen said, "No,
not each ot the incidents, some of them," Hanson asked Johansen if,
in more than one tnstance, he indicated his r.:tl:tsapproval of Launder-
vil�e of his behavior, and that he was not going to aliow it to
contlnue2 Johansen said he had.
Hanson asked Johanse� if he wanted to make a dtrect recommendation
to the Cou�cfl as to what he'd like Council to do; noted that
Johansen need not do thts if he preferred not to. Hanson advised
Johansen that Launderville has asked to be retnstated, and the other
alternative ts not to reinstate him.
Johanse� said he thinks Council has his recommendation on his memo
to Council.
Hanson said, in other words, you are saying that is current today,
as far as you are-concerned. Johansen said "Yes."
• Hanson asked how long Mr. Laundervtlie has worked for the City?
Johansen said "in the neighhorhood of 10 years". (McNiesh advised
that Laundervilie started on September I, 1968.) Johansen said
his attendance probably varies very little from that of the other
empioyees; his tardiness was quite a problem for a time, but after
• talking to him that improved; he wasn't the only one tardy.` Hanson;
asked 3f Launderviite has a history of "Monday morning absence",
which sometimes characterizes people who have to hav0 additi.onai
time to recover from a weekend2 Johansen said he does not; atten-
dance is not the problem, it has been his poor attitude toward tha
Job.
Rebuttaf by Mr. Laundervtlle:
Launderviife said that there must have been a ttme descrepancy re
• the fire brick inctdent; safd he reaity did talk to the contractor
on Wednesday night at about t0:30 p.m. (apparently contractor told
Bud it was on Thursday). In regards to the street signs, he said
that, i� all honesty, Bud will remenber that about a year ago, 1
talked to him about the signs and he said "Go ahead and take them".
� I didn't thi�k I spent that much time. We were go(ng to Control
Data; I stopped and threw them in the truck; they were already
_ dismantled; suggested it might have taken } hour. The cart I did
take; that was by the ratlroad tracks on Thom Drive. The shtngles
and roofing were given to me by a roofer; they were excess, and I
asked the roofer if 1 could have them; wanted to use them on a barn;
didn't cara what color.they were. I know my attitude hasn't been
worth a"damn", I wouid like to change that.
TESTIMONY (continued)
Page five
Mr. Connors said we are not, at this time, ftghting the facts ot
this situation; Wayne has admitted he has a problem; he's willing
to sit down and try to do something to solve the probiem which he
tee�s has been brought on by alcohol; would Iike to continue in
the program mtth the realization and pride that he'II have a job
to come back to, and he will be able to do somethfng with his �ife.
It was explained that the treatment program tries to save the person
and still have the right to work; if Mr. Launderville continues
thfs program, and makes something of his Iife, he'II come back to
work, and Pt is certaln his attitude will be improved; it wiil im-
prove the whole sttuation. It was explained that the in-patient
treatment involves counseling wfth family and employee.
Mayor Crepeau asked Laundervllle k,� he dentes, over the past terr
� years, these petit thefts?
Answer. No.
Crepeau - I have personally talked to a Pubiic Warks empioyee:,
and he expressed his opinion. He said he'd come, if we asked him
to. I see no reason to ask your colleagues to come up here and
testify against you as lo�g as you're admt�tting these petit thefts,
but he said he didn't care to work with Wayne Launderuitte as a
partner. I don't want to violate a confidence, but this was first-
hand information 1 received. It was unsolicited. It seems the
situation has become untenabte because of your conduct over this
period of time, especially with your co-workers.
Launderville - I also realize tha�, and I can't blame them.
Crepeau - Your Council has taken an oath.of office to up�hold the
law, and I'm hesitant to say this, but you are standing here, under
your second suspensfon, and nearly your third; had it been handled
in any other fashion you would probably have been suspended for
the third time earlier this summer, but the courts worked it out
for you, artd i didn't intertere, nor did the Council. 1"m frightened
of what's happening when you're o� the job going through the
• residences, when you are installing meters, and this Council is
responsible for your actions fn those homes. Wq'd be more than
remiss if we did not see to (t that they are protected from you.
Thts is very very se�ious.
• Launderville - I've never taken anything out of an occupied
home; only oft of construction sites. 1've never done that.
Council was asked by Connors if there could be some sort of a
probationery period tied in with this, after whlch Council cou�,d
then make its decision, after the treatment program is completed.
Woodburn - It�s-very conceivable that in the program Wayne is in,
he'tl get to know himself, which is usua�ly, for any of us a
shatterPng experience.ito know yourself). We all hope Wayne will
• get Yo know himselt, and come out of this. I think we are a Itttie
remiss ourselves perhaps in not picking this up a little sooner;
perhaps we were just too "easy going";, perhaps we_�weren't smart
enough. 1'm afraid that at this point, after working with Wayne
� betore on things a�d hoptng he would straighten out, I(ust don't
think I have the trust, in a public capacity, to keep g0ing. I've
_ kind of reached the end ot my rope and am torn terrfbly, not knowing
whether thi�gs will change but recognizing tt took.us quite a while
to find out where we were, as it was; am wondering if perchance,
we find out we were wrong again, how long would this take? When
would we know it? looking at our responsibility to the Vlllage,
vrhfch is a very publlt responsibility, � can hardly take it privately;
� represent the Village as a whole (If I could take tt privately, I
would). ! just don't think I can recommend continued employment
because of these aspects. I think there is a good chance that
Wayne can straighten out, and I think this is not a good psychologi-
cal thing to do at thTs time, but i don't think I have a choice,
TESTIMONY (continued)
Page six
I woutd certainly propose +hat Wayne's employment be terminated
at this ttmQ but� none the less, I would hope that for a mo�th or
two-, at Ie�st, we couid, under some of the options available , keep
the insura�ce going, ih case Wayne couldn't, and then, after a
month or two, I think it wouid be up to him to ke'ep it going;
assumtng the treatment is Iargely done at that point. The treatment
is AxpenS.ive� it's sometime effective and certai�ly a good chance
of hope. Because maybe we didn't realize this early enough, per-
haps we can at least keep that in mind.
Hanson - A thought occurs to me, if he is discharged, if he would
have any severence pay availabie?
McNiesh - He does have;120 hours of vacatton.time; we don't have
severance pay per se. These is some comp ttme that was earned
� (approximately 25-30 hours) which 1 assume could be paid.
Hanson - I don't want to divulge who the people are, but I've had
some very close contacts with people who have fallen much further
than you have, and have gone through some of these constructive
programs, and am very proud of their present Iives. I know they
can be sucaessful. I doubt very seriously that continuing your
rehabilita#ion in this-atmosphere of antagonism that you have
created for yourself wiil be constructive at ali. In m/ past ex-
perience with t�o cases, the��parties were completely severed from
thetr previous probiems - not thePr triends and community, but the
people they hurt the worst; they didn't go back and associafie
intimately with; Iives and interests Cecame enfirely differ.ent;
job opportunities became entirely different. Even though a discharge
wouid appear to be addTng insult to injury, 1 thfnk, from my associ-
ation, it would not be so. In fact, ft's the loss of the job, ai
a rule, that precipitates a man to reaily face up to his problem,
I�m glad to see that you are doing something abou� your problems.
1 tee{ you��are probably above average in prospects for complete
recovery. 1 wouldn!#;fee) comfortable with a probationary period
• atter you complet6 your treatment, since we are such a small em-
ployment group; if we were many times larger, we couid move you
to another part of the City employment; perhaps you are not aware of
thfs, but we ha�e even considered combining the supervision of the
S parks department and the publTc works; so putting you tn Parks
would�'t solve anything; consequently, I can only see that kind of
opportuntty as being disruptive to the rest ot the people and prob-
ably wouldn't enhance your recovery either. i'd be more inclined
not to reinstate you and offer that we pay you part, or all, of this
approxtmate 150 hours you might have coming.
After heari�g the specific charges and rebuttal, Woodburn moved,
seconded by Hanson, that Wayne Launderville be termf�ated from Viltage
employment as of November !4, 1978 because of misconduct; Ctty
Attorney to establtsh method for City to pay for health and acci-
� dent insurance coverage for two months beyond the end of November,
and for Launderville to continue the coverage at his expense beyond
that date as long as policy wi11 permit, Motion carried unanimously.