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-.1" 7 ~. c. Minutes of Regula~ Council Meeting Village of A~den Hills April 12, 1965 Meeting was called to order at 8:00 pom. by Mayor Kennedy. Roll Call: Present ~ Mayor Kennedy, Tl'ustees\Nethercut, Crepeau, Olmen and Laing. Absent = None Also Present = Adminis'Gra'hive Clerk LOl'raioG Stromqllist. Village Atty. Vincent P. Courtney, Engine~ Donald Lund, Building Insp, Clay Kelley was present at the beginning of the meeting. The minutes of the Regular Council meeting of March 29, 1965, were approved as amended. Continued Public Hearing - Rezonong of Northwest Corner of County Road E and ~ne llinp; Avenue from Commercial to Residential Mayor Kennedy declared open the continuance of the publiC hearing re= garding ~he rezoning of the northwest corner of County Road E and Snelling Avenue from Commercial to Residential. He stoted the reason for this continuation was that the Husbys, new owners of the property, could not have representation at the scheduled hearing and requested the continuance. May r Kennedy read a letter. dated April 7. 1965. from Laurence M. Nelson, Atty. for the Husbys, stating his clien'Gs' opposition to the rezoning; he stated the value of the land ciassifiod as commercial is substantially mare than its value as residential property. Mr. Nelson stated that rezoning of the property cannot be justified under the police power relative to health. sa~6ty and public welfare, nor can action be tm~en based on aesthetic reasons only with= out just compensation. Said letter also cited the decisions of the Supreme Court in four cases regarding municipal rezoning actions in which the Court ruled action inValid. Mayor Kennedy said that action for this rezoning was initiated by recommendation of the Arden Hills Planning Commission. which submitted a list of reasons for this rezoning submitted by Carl Dale, Village Planning Consultant. Copies of this memorandum were sent to all parties conceX'ned. Mayor Kennedy X'6Quested tna opinion of Village Atty, Courtney on the cases cited in Atty. Nelson's letter. Atty. Courtney stcted that in the cited Golden vs. City of St. Louis Park, the case did not parallel the Arden ~lls situation; he also pointed out other differences in the other oases cited. Mayor Kennedy stated that he wished to establish the two sides of the oases. Atty. Nelson said that Item f on the list submitted by Carl Dale wae the only reason listed that was not concerned with aesthetic matters; this item stated that commercial use_oof the proper'hy "would probably introduce a <<afety haza.rd to an already dangerous s1 tuationu. He stated that Snelling Avenue at this location is no longer a State Highway and would have only 5% of the previous traffio and that Carl Dale told h1m he did not know the traffic count. Atty. Nelson said this property had been used as commercial in the past and his client bought it as commeroial; the value of the property would be destroyed if rezoned to residential. He informed the Council that he would rather not disclose any plans for the site. but stated that many businesses could be planned for the area, such as a medical building. He stated that he had checked with Clerk Lorraine 3tromquist and was assured that the area waS zoned commercial. He informed the Council that the earnest money contract was mde on November 11, 1904, and the purchase was completed within a few days after this date. He stated tha"h the property has been appraised a'h $35,000 as commerci.al and $6.000 as residential; he stated that this is not ans,'htrac'hive s:l'Ge for a home. Clerk Lorraine Stromquist informed the Council that as soon as she was aware of the contemplated rezoning, inquirers were told of this possibility. 1'>>1.0