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. . Minutes of Regulsl- Counci I Meeting Page two September 13, 1976 REPORT OF VILLAGE ATTORNEY JAMES LYNDEN . Status of County Road F Easements (See Engineer's Report) Report re lawsuits - North Star Concrete Company vs. Pemtom et al and City of Arden Hills Lynden refer~ed Council to his letter of 9-13-76 in which he notes that Mr. James l. Wahlfors is undertaing the defense, representing INA on behalf of Pemtom and the City of Arden Hills; advised that Wahlfors' legal services in defending the City will cost the City nothing. lyndsn also noted that City has also been named in a Notice of Claim fi led by Ziegler, inc.; City '11111 be protected from such suit by the hold harmless provision in the Development Agreement in connection with the North Second AdditIon. Resolution No. 76-47, Authorizing Execution of Joint Powers Agreement re Joint Fire Protection Board and Cost Al location for Fire Protection Council was referred to letter from Lynden (9-IO-76j re Proposed Joint Powers Agreement, Fire Protection Services. After discussion, Crichton moved, seconded by Wingert, that Council adopt Resolution No. 76-47, authorizing execution of Joint Powers Agreement attached thereto by the Mayor and Clerk Administrator, and approving appointment of Charles Crichton as Arden Hi l!s representa- tive on the Joint Fire Protection Board unti I December 31, 1916. Motion carried unanimously. -"- Codification of Ordinances Lynden referred Counci I to his letter of 9-13-76 re Codification of Ordinances, noting his questions and the changes he has made; re- quested that Counci I and staff review code so proofs can be returned to Municipal Code Corporation by the end of next week (September 24th). Case No. 76-3, Northwestern Col lege - Special Use Permit lynden referred Council to his letter of September 10, 1976 re Case No. 76-3, Northwestern College - Application for Special Use Permit to Construct and Operate Fine Arts Faci lity, noting his conclusions with respect to: I. Non-conforming Use, and 2. Deferment of Action. Crichton made the fol lowing statement: The Council Is being asked to approve a Spacial Use Permit for a Fine Arts Center to be erected on 'the campus o'f Northwestern College. As we all know, the existing buildings in Arden Hills housing the College were there before our first zoning ordjnances were enacted. 4l There has, of course, been considerable discussion on the status of the Col lege with regard to our zoning ordinances. ;1' has been sugges- ted that since there appears to be a question of whether or not a col- lege Is a permitted use in a residential district, we should defer a decision until our new zoning ordinance, which presumably will remove any question, is enacted. I cannot agree with this approach, unless the Col lege itself cares to withdraw Its request, because! feel that the application must be considered on the ordinances in effect at the time it was submitted. Crichton said that as he ~eads Ord. 174, It clearly dl ffarentiates be- tween "churches, prlvate schools, public schools and parochial schools" which are permitted by Special Use Permit in a residential zone and 'private col leges and institutions" which are not. Thl$ current ordi- nance stems logically from the 1966 Comprehensive Plan, and therefore represents the ordinance in effect at the time the application was sub- mitted. He said that although it is true that the 1976 Comprehensive Plan appears to remove the distinction, he pointed out to ail concerned that the ordinance stemming from its concepts is not yet enacted and is therefore not relevant to this issue today. -2-