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<br />Minutes of Regular Counci I Meeting
<br />Page three
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<br />also interested in acquiring the portions of the Highway 51 easement
<br />which abuts their land parcels. Amble distributed copies of maps which
<br />depicts the various land parcels and the Highway 51 easement passing
<br />through them. Amble suggested that the Village join Woodis, Ashbach
<br />and himself In procuring a "court order" to release this easement to
<br />the adjoining property owners; hopeful Iypreventing a lengthy delay,
<br />since the Highway Department is apparently not clear as to how to
<br />proceed In this matter.
<br />
<br />'August II, 1975
<br />
<br />After dlscusslon,.Councl I concurred that Lynden withhold action on
<br />behalf of the Village, pending receipt of the Marzltelli letter, and
<br />asked that Amble, Woodis and Ashbach delay action to procure a court
<br />order, pending receipt of copy of letter.
<br />
<br />Ordinance No. 191 Re Bui Idlng Code
<br />Lynden referred Council to revisions to Ordinance Adopting the State
<br />Building Code, and his letter of August II, 1975.
<br />
<br />.
<br />.
<br />
<br />After discussion, Woodburn moved, seconded by Wingert that Council
<br />suspend the rules and consider this to be the final reading' of the
<br />ordinance. Motion carried unanimously.
<br />
<br />Woodburn moved, seconded by Wingert, that Council adopt Ordinance No. 191,
<br />AN ORDINANCE ADOPTING BY REFERENCE THE STATE BUILDING CODE; REGULATING
<br />THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING,
<br />REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT,
<br />AREA AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE CiTY OF ARDEN
<br />HILLS; PROVIDING FOR, THE APPOINTMENT AND QUALIFICATIONS OF BUiLDING,
<br />ELECTRICAL, PLUMBING, HEATING AND LANDSCAPING IN,PECTORS, REQUIRING
<br />PERMITS FOR CERTAIN TYPES OF WORK AND ACTIVITIES: ESTABLISHING FEES
<br />FOR SUCH PERMITS: PROVIDING FOR INSPECTIONS: REPEALING ALL ORDINANCES
<br />AND PARTS OF ORDINANCES IN CONFLICT THEREWITH: AND PROVIDING PENALTIES
<br />FOR THE VIOLATION THEREOF, as amended on August II, 1975. Motion
<br />carried unanimouSly.
<br />
<br />Pollee Department Responslbi titles Re MVHS
<br />Lynden reviewed his letter of August 11,1975, and suggested that, If
<br />Arden Hi lis Is Interested In a program similar to Rosevllle's, that
<br />Mr. Fred Corey, Chief Juvenile Officer of the RosevJ I Ie Poi Ice Depart-
<br />ment be contacted.
<br />
<br />Institutional Housln~ vs. Medical Uses
<br />Lynden referred Council to his letter of August II, 1975, re questIon
<br />raised at the Council meeting of July 14, 1975,' ~~ to a possible
<br />discrepancy concerning the defInitions of "institutional housing" and
<br />"medical uses", as contained In th,e Zoning Ordinance.
<br />
<br />Lynden emphasized that It Is a well set~led rule of. law that zoning
<br />ordinances must be strictly construed In favor of the property owner,
<br />and any ambiguity or uncertainty of ordinance application must be In
<br />favor of the least restrictive property usage.
<br />
<br />Lynden advised that It Is his opinion that bdth Twin City Christian
<br />Homes and Presbyterian Homes development proposa's fall within the
<br />"InstitutIonal housing" definition and not the "medical uses" defInition
<br />and are therefore permlssable uses in R-I zoning districts, provided
<br />Council determines the proposed uses meet the criteria and require-
<br />ments for granting a Special Use Permit.
<br />
<br />-,., Lynden said that the existing Presbyterian Homes development Is clearly
<br />a nursing home provIding housing and nursing car~ for the elderly;
<br />. the geriatric center being proposed, in his opinion, provides medical
<br />. clinic, community services program and day-care tacl lities as part
<br />of the center, and Is ancillary to the primary u~e.
<br />
<br />C.G. Rein Park Dedication
<br />Lynden reported that the closing will take place on Tuesday, August
<br />12th.
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