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HomeMy WebLinkAboutCC 03-08-1965 ".:7'~'" . ~....- .. , "., .' '~~..\Y,7'~::': ""5~~~:~~':"~ ........- /:rlnut;es of Regular Council Meeting Vlllpgc1 of A:rd{ln Hills ',Tonday .' i\!sl'ch 8, .1905 ~ 8.:00 p.m. J','i8e~iilg ';laS called to ()rder .'It 8:00 p.m. by Mayor Kennedy. .-. Hol1 Call: Present - Mayor Kennedy, Trus tees Nethe rcut, CJ~epeau. Olmen and Lang Absent ~ None Also Present.. Administrative Clerk LOI'rai.ne St:coll1quist, Atty. Vincent P. Courtney, Enginee1' Donald Lund and Heating Inspector Virgil Kelle:.:'. The minutes of the Hegular Council Meeting of February 22, 1905, were approved as amended. Continuation of Public Hearing Regarding Petition for VEcation of Property Located near c..'ul-de-sac at Ridgewood Court in AX'den Hills If 1 Mayor Kennedy declared the Public Hearing re-opened. He stated that he WaS unable to attend the special informal meeting held Thursday evening, March 4, 1965. Proposals and recommenda tions W81'e submitted by Cat'l Dale. Villap;e Planning Consultant, and Engineer Donald Lund; these wex'e s'lmdied. Trustee Crepeau had attended the f,!"I'ch 4 meeting and stated that three plans were submitted by Engines!' ri-,",d and a wI'ltten rpoposal 8,]0 plan by Carl Dale; two of the hngi.rHcfor's plans wer'e not considered as they involved obtaining an easement from 1',11'8. Paterson again which her; proved costly. He felt thGt the th:.rd proposed plan appc ared to be "ccepteble to a 11 pre oen t. This plan invol vad vacation of part of a Village easement on Lot 13 for th.e Gul~ de-sac and acquisition without cost of another part of L,,':s 18 ane' 19, not now included in the cul-de-sac; this would permit eu acceptab::.6 expansion of the turn around if it appeared advisable in the f'UtU!'G. 1 . Atty. Courtney reviewed the submitted legal description of the property to be acquired and was not completely satisfied with it. He suggested the the description specifically describe the property fo~ title pur~ poses. Matter referrad to Atty. Courtney and Engr. Don Lund. Atty. Edw. Stringer stated that the plan discussed appBX'ently is B way out, but does add a fifth turn around which wO\J.ld add to the confl1.s:l.on. Discussion was held at the Council table regarding history God possible future problems. Participating in this discussion were the Council. Engr. Donald LUl.d, Attys. Vincent P. Courtney and Edw. S'Gl'inger, Arnold Lindberg. Mr. Mulcahy - earnest money contractor or property involved on Lot 19, Bernard La Vander. Mr. and Mrs. Paul Klaas. W~D. Arthur Tissol and James Kelsey. The Hearing was recessed to allow Atty. Stringer' and Mr. Mulcahy to study the proposed p~an. After about thirty minutes, Mayor Kennedy declared the Hearing on the vaoation of the easement re-openedo Atty. Stringer informed the Council that Mr. Mulcahy has agreed to the proposal if no portion of the easement outside of the 401 radius be paved or improved for road purposes by the Village atld if a definite legal description be obtained. Atty. Courtney stated that this Council could not make cow~itments for future Council, but could carry out the proposal by partialvacB~on and aoceptance of new easements. -1.. l, "], ",i:" "J .::, , :;1' '! i\< " 'J" .j , More discussion between the Council and the property owners. Bernard Le Vander stated that he WaS opposed to any restrictions placed on the - ~il Pagl '!'wo Minutes of RI~lar Coual!l _I. tin. Maroh It. 1'. BUlmlnt bloausl of tu:lIUl'e needs. Atty. Stringer reminded him 'tibafll the Villagl oan always oondemR to ebtaln property when .ee4ed. Trustee Lang Itated that he was not ln favor of restrictlons} hi wORld like to eliminatl fUtUl'e probll.. suoh as this onl. Truste. Lan, rloommended a straight trade without restriotions of Ube shaded area shown on the Banister plan. Trustee Olmen agreed with Trustee Lang; he felt that WI might want to improve the area for parkin,. Ma,.r Klnnedy replied that the owner would not go ahead wlthout the r..t1'lotl.... Trustee Crepeau reoommended that ket one oint more be paid by the Village for any farther nlgotiations involving thlproperty east of the eul-de-a... Residents who Ipoke in opposition to the restriotion were Mr. an. Mrs. Paul Klaas, Mrs. Arthur !issol, Blrnard LeVander and James Kelsey. ltty. Stringer advlsed that property ownerl were agreeable to the proposed eeallments with restriotionl that the improvement shoald Dot take plaoe unless the eatire 45 ft. olrole i. to ba improved. After oonsiderable disouIsion, Trustee Crape au moved, sloonded by Trustee Netherout, that partial vaoation be gra.ted and the easements be acoepte. as per the attached rellolution; Council membsrs voting In favor - Xennedy. Nethercut and Crepeau; oPPosld - Olmen and Lans} motion earried. !!.g,uest of Varianoe of Dolt OrdlJ:luoe . JIi1.vlD Brown, lales representative ror the Spl'irag Realty Co., .,.. and Mrs. Kelvin Eager, 1504 Highway #96, and the prospeotive buyers of the Bagel' home ware prssent. The prospeotive buyer lnformed the Council that he and his wife have a hobby of ralsing poodle and pekingese show dogs. They are interested in the house at 1504 W. Highway #96 as it appears i4eally 100ated. They requested permission to keep more than two dogs if they purohase thill hOllle. They statld that they would have a IIIB.xi._ of welve dogs and usually oOIls1derll.bly .less;. these dogs are kep1l either in the house 01' garage and are let outside in a kennel a few tlmes II. day. He stated that the1 have contacted tne neighbors on either side and tkey do not abject to this hobby. Clerk Lorrll.ine Stromquist read a letter, dated Maroh 4, 1965. frOm the Beard of AppeaLs whioh stll.tea that there 1s II. farm aD the wellt eide of the property aDd the Arms Plant aoross the hlgnway and reoommended aenial of the application. Mayor Kennedy and Trustee Netherout stated that they were in agreement wlth the recommendation of the Board of Appeal.. Trustae Netherout stll.ted that he had reoeived oalls fram neighbors of the Eager rls1dencI and they wel'l oonoerlled and rlquested the matter be investlgate. berere making a deoision. Mayor Kennedy read a letter, dated Maroh 2, 1965, from Melvin Brown to the Board of Appeals whloh stated that there would be no adver~isinl at this location and stated that there is a farm on the we.t aldl of thls property and the Arms Plant across the highway. llr. Eager and Mr. Brown stated that they felt the area to be almost i.dustrial beoause of the mRnufaoturing oarried on in the l'e&lidenoe to the east of the subjeot bouse, the thr.. horse. kept on the proper\y to the west of the house and the raoing oar manuracturing permitted on the property next to the Village HlI.ll; the business at the ho.e east of the subjeot house was established berore the Ordinance was adopted. e ~rustee Lang reoc:mmended that the mstter be re-referrld to the B01l.rd of Appeals to permit the parties involved to II.ppell.r in person. Mrs. Harmon. ChaiJ'm.all of the Board of Appeals, was present and informed the a.u.nell that the next meeting would not be untll the rirst MOndll.Y in April. At this point, Melvln Brown requested an immediate deoilien. Trustee Betherout moved the request for a varlanoe in the Dog Ord1naflel to allow more than two dogs be denied, as reoOlllll18nded by the Board of Appell.ls; seoonded by Mayor Kennedy; motion oarried. REPORT OF ATfi. VINCENT P . COURTNEY :rc Mounds Vlew A~hletic Assoclation Oomtract Atty. Courttl4ly dillltributeci eoplS1!1 or the M.V.A.A. oootrao' for approval -2- , , ...J ~ PeEe Thr ee Minu tes of' Reg\l;lElX' Council Meeting March 8, 1965 There Was some discussion Bnd inquiries on the maximum amount of $500.00 as written in the contract. Atty. Courtney explained that contract amounts are to be determined by the Council, but this figure is for limitation purpose on each contract. . Trustee Lang moved al;prov~l of the contract between the Village end the M.V.A.A. and authoriz~the Mayor and Clerk to sign same; seconded by Trustee Olmeo; motion ca:loried. Request to Park Trailer Charles Cathcart, 1399 Floral Drive, requested permission to permanently park a travel trailer on his property. Clerk Lorraine Stromquist and Atty. Courtney explained that the Village has an ordinance prohibiting this, but the Council has authority to grant pe~ission for up to 90 days. Mayor Kennedy stated that permiSSion has been granted for 90 days' under certain situations as an acoommodation only. The Council decided to deny the request. Sanitart Sewer No. 6 Easement ~he mat er of a deviation in the placement of the Reiling easement in San. Sewer Impr. N0. 6 was referred to Engr. Lund for checking. Council authorized Atty. Courtney to substitute the correct legal description in the easement. Oak Avenue Improvements Council referred to Banister Engineering Co. the matter of determining the amount ~f payments due the sewer contractor and the blacktop con~ tractor for the projects on Oak Avenue; apparently it was necessary for t~e blacktop contractor to complete compaction work which was pert of the sewer contract. Ordinance No. 16 Amendment TrUstee Crepeau moved the rules be waived and the second and final readings be given to DAn Ordinance requiring permits and licenses for installation, alteration or repair of heating systems, gas appliances, gas piping, refrigeration, or~~. conditioning equipment, low and high pressure steam systemS, and related pressure vessels; providing permit fees therefor; amending Ordinance No. 16, the Building Code and other Ordinances where inconsistent he~awith,n and authorized the Clerk to cause its publication; seconded by Trustee Nethercut; moti~n carried. RE.PORT OF ENGINEER DONALD LUND Highwat Plans for 35W Engr. und presented plans, as submitted by the Highway Dept., which showed lighting, signs and semaphores for 35W from Highway 36 to a point beyond the Twin City Arsenal; the rlighwsy Dept. had requested that the Village approve them at this meeting. Mayor Kennedy felt that the plan should be studied in detail; referred to Engr. Lund to appear at the next Council meeting with a recommendation. 4It REPORT OF TRUST~E NETHER CUT Public Meetin~s Trustee Nethercut mentioned the two public meetings to be held at the Village Hall bj the Planning C~ission. The identical meetings are to be held March 9 for residents in Pet. #1 and March 23 for those in Pet. #2. P~anning Report No.3 Trustee Nethercut informed the Council that the Planning Commission has discussed possible trails in the Village and has written letters to various groups in the Village for possible assistance. Highway #51 Construction Trustee Nethercut requested the Clerk to write to the Highway Dept. concerning their plans for th~ extension of proposed Highway #51 from County Road F to Highway #96. -3.. ''; ,. '. . . ......... . . ..... P8.ge Four Minutes of Regular Counc\l Meeting March 8, 1965 Rll:PORT OF TRUSTh:E CREPEAU None REPORT OF TRUSTEE LANG Hockey BOards Storage ~rU8tee Lang informed the COuncil that Fred Nixon has stored the hockey boards at the Village storage building. Little Lakes Little Lea~ue ~rustee Lang reported t at he had received a letter "from Bob Ewy, Pres. of the Little Lakes Little League, thanking the Village for past con- siderations and requesting 1ji250.00 and the use of the playground at County Road F and Snelling Avenue. Trustee Lang requested to submit a copy of the contract to Bob bWy; matter referred to the Puolic Wel- fare COmmittee. Trustee Lang informed the Council that the field at Lake Johanna Elementary School will not be available after school is out as it is going to be re-worked. News Release Cler~ Lorraine Stromquist read a suggested news release from Robt. Bjorndahl, Chairman of the Public Welfare Committee, which informed the public of the contraot between Arden Hills and the Mounds View Athlet:l. c Association. Clerk authorized to submit the release to the press. REPORT OF TRUST1l:E OLMEN Road Restrictions Council authorized the Clerk to write to Deane Anklan. Ramsey County Engineer. and request that they post our roads on March 20, the same day as the County and State restrictions are enforced. REPORT OF MAYOR KENNEDY Reservation cards for the conference to be held in Mpls. regarding junked cars was referred to the PIElnning Commission. REHlliT OF CLE.'RK LOIihAINE STROI\lQlIS'l' Federal Housing Administration Clerk Lorraine Stromquist read a le.,~ter from the Pedersl Housing Admini~ stration stated that effective .Jant ~'ry I, 1966. no plat developments will be accepted without sewer and water utilities; referred to the Planning Commission. Sign Licenses 'l'rustee Crepeau moved, subject to app;'oval of Atty. Courtney, that the two signs advertising Schutta's Nl..rse1.'Y be licensed on a special use permit for a five year term as recommended by the Board of Appeals; aeconded by Trustee Lang; motion carri~d. The Board of Appeals recommeoded that the sign on Hemline and #96 be replaced with one sh.i1ar to the one on his property. I'he matter of enforcing the Ordinanoewh3n contracts are involved was referred to Atty. Courtney. Budget Report Clerk Lorraine Stromquist submitted copies of the budr,et report through February, 1905. P.E.h.A. Clerk Lorraine StromqUist distributed inrormational booklets on P.E.R.A. to members, of the Couneil. -4... J . I\~ . . Page Flve Minu tes of ltegulllJ.' Coune 11 Meet:tng Mal'ch 8, 1965 Sewer Rate Study 01erk Lorraine Stromquist informed the Council that she had met with Roger Short and Don Lund from Banister Engineering Co. to review the Ordinance on sewer rates. A recommendation on the subject may be ready from them fo~ the Regular Council Meeting of March 29, 1965. . Adjolll'nment Meeting adjourned at 12:15 p.m. -5- ~ , COpy COPY STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF ARDEN HILLS RESOLUTION VACATING PORTION OF' STREET CGF:{ WHEREAS, a petition WeB duly filed with this Council by Arnold Lo Lindberg snd Mary A. Lindberg in accordance with the provisions of SecGion 412.851 of Minnesota Statutes Annotated. requesting the vaCation .or a portion or a street acquired by the Village of' Arden Hills for use as a cul=de-sac in Block One (I), Arden Hills. and \~EREAS. said petition Was subsequently amended, the Second Amended Petition Was found to be legally sUffiCient. and duly published and posted notice Was thereupon given of a public hearing to be held thereon on the 22nd day of February. 1905. at 80'clock P.M.. at a regUlar Council meeting, said notice being given in accordance with the provisions of said Section 412.851. snd WHEREAS, said public hearing Was duly held and all statements for and egainst said vacation were heard and considered by the Gour'cil. and WHEREAS. the matter Was then laid over to the regular Council meeting held on March 8. 1905. at which time the matter WaS heard again and all statements for and against said vacation were again considered by the CounCil, NOW THEREFORE, upon motion by Trustee Henry Cr~eau. seconded by Trustee Robert Nethercut. and being approved with three vot~s in favor D.nd two against. it WaS RESOLVED. that it appears in the interest of the public to improve the right of way known as the Ridgewood Court cul-de-sac by vacating a certain portion of said cul-de-sac, aocGptinga publiC easement f'or right of way over a portion of suoh ~acated property, and accepting a public easement for right-of-way over oertain property not presently included . in the cul-de=sac. BE IT FURTHER RESOLVED. that. in accordance with the foregoing. and in the interest of the pUbllc~ the following described portion of the street known as the Ridgewood Court cul-de-sac is hereby vacated: All that Part of' Lot seventeen (17), all that ,part of the vacated east-west alley lying adjacent to and between lots seventeen (17) and eighteen (18). and all that part of Lot eighteen (18). io Block One (1). Arden Hills Addition. .OOW dedicated as street right of way. except that part of said Lot -1.. eighteen (18) lying within a~circle havinf a rao')s of 40 feet whose center poln~ is loc&taC au tlld centerline of the nOl.'th-soutn. alley abuttilng the easterly line of said Lot oighteen (18), said cCdi:81' point being 21.5 feet south of the north line of said Lot eighteen (18), all within Block One (1). Jl.l"~cn Hills, according to the plat thereof on file and of record in the office of the liegister of Deeds of hamsey County. BE 1'1' FliR'l.';,BR RESOLVED, that no award of damages in ti',vor of the Village shall be. made upon said vacation. in view of previous dedications for cul-de-sac purposes by the owners of L0t eighte1en (18) and in vIew of the ...dedications for cul-de-sac purposes hereinafter recited, BE IT FURTHER RESOLVBD, that the Council does hereby accept from Arr,old L, Lindberg and Mary A. I.indberg, husband and Wife, being the owners of Lots seventeen (17), eighteen (18) and nineteen (19), Block One (1). Arden Hilla, a pUblic easement for right of way purposes over and across the fOLlowing property, to-wit: All that part of Iota aeventeen(17) and eighteen (18) and the vaCated east-west alley lying adjacer,t to and between Lots seventeen (17) and eighteen (18). Block One (1), Arden Hills Addition, lyBng within a circle having a radius of 45 feet whose center point is located on the centerline of the north-south alley abutting the easterly line of said Lot eighteen (18), saId center point being 50 feet north of the scu.th line of the aforesaid vacated east-west alley, but excapting therefrom the following-descrIbed property, to-wit: That part of Lot eighteen (18) lying within a circle having a radius of 40 feet whose center point is located on the centerline of the north-south alley abutting the easterly line of said Lot eighteen (18). said center point being 21.5 feet south of the north line of said Lot eighteen (18), all within Block One (1), Arden Hills Addition. according to the plat thereof on file and of record in the office of the Register of Deeds of Ramsey County. BE IT FURTHER RESOLVED, that the Council has duly noted and accepts the restriction contained in the aforesaid easement to the effect that said right-of-w~y shall not be imprcoved by the V1l1llge for vehicular traffic by grading, graveling, blacktopping. paving or in any other manner ur.til such time as the Village acquires and impnoves for ... vehicular traffic the entire area included within the perimeter of the oircle with the aforedescribed 45 foot radius; provided however, said restriction does not limit ~rovement of said area by the Village for the purpose of pedestrian traffio.. In the event of suoh .acquisition and improvement by the Village of the said entire circle, the property which is the subject of said easement may be similarly improved. BE IT FURTHER RESOLVED, that the Council does hereby accept a pUblic easement for right-of-Way purposes from Arnold L. Lindberg and Mary Ao Lindberg, husband and wife, being the owners of Lots seventoen (17), ..2... . . / :. , , . eighteen (18) and nineteen (19). Block One (1). Arden Hills, over and aoross the fo110wingodescribed property, toow1t: Thmse parts of Lots eighteen (18) and nineteen (19) lying within a circle having a radius of 40 feet whose center point is located on the centerline of the North-South alley abutting the eQsterly line of said Lot eighteen (18), said center point being 21.5 feet south of the north line of said Lot eighteen (18); and also that part of said Lot nineteen (19) lying southeasterly of a line commencing at a point on the east line of said Lot nineteen (19), which point is 25 feet north of the southeast corner of said Lot nineteen (19), thence running southwesterly and tangent to the aforedeacribed 40 foot rAdius circle and there terminating at its point of tangency, all within Block One (ll, Arden Hills. according to the plat thereof on file and of record in the office of the Register of Deeds of Ramsey County. BE IT FURTHER RESOLVED, that the acceptance of the aforesaid eaaements by the Village is subject to proper title examination of the subject property by the Village Attorney, and joinder in said easements by all persons or parties found by the Village Attorney to have property interest therein, including mortgagees. Upon notice from the Village Attorney that said easements are in proper legal form and effectively pass the title to the Village as provided herein, the Clerk Shall prepare and present to the proper county officers a notice of completion of these proceedings in accordance with Section 117.19 of Minnesota Statutes Annotated. Dated at the Village of Arden Hills, Ramsey County, Minnesota this 8th day of March. 1905. il. F. Kennedy, Mayor Attest: . Lorraine E. Stromquist, Clerk,. 003- ~