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HomeMy WebLinkAboutCC 04-12-1965 -.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 P9.eG Two Minutes of 'Ghe Regula)' Council Meetj_ng Apr ~r~J. 12.fJ If,'65 . Osoar J. Husbys who with Joseph M. Husby now own the property, said he does not believe they have been treated fairly; he heard about the rezoning from another business man in the area and was not aware of the first public hearing. He informed the Council that the area is quite small and nothing could be constructed at this site to oause a traffic hazard; they have no plans at this time, but do have plans for a Falcon Oil Station at Lexington and County Road E in Shoreview. Mr. Husby infomned the Council that the property was pur-Chased as a speculation, and requested that it remain zoned as commer-cial as any development would have to be Council approved anYVlay. Mayor Kennedy said the approved development of the property would depend on theplans. He informed the people that this was zoned COJun~ ercial many years agos probably under Mounds View Townships that the rezoning of this property is part of an overall plan initiated by the Planning Commission and believes the Planning Commission s~ould be sustained in their recommendation. Atty. Courtney informed the Council that a letter. daten December 1, 1904. was sent to Carl Moen, then generally believed to be the owner of the property. informing him of the proposed rezoning; this letter was returned af'ber about a two week period with a nota.tion by Carl Moen stating, that the property had been sold. but did not give the name of the purChaser, Atty, Courtney stated that the D2l1ction of the Council is legislative and theOouncil would be reffi'ss if they did not look to the future. Trustee Crepeau stated that according to the Ramsey County Engineer's office this intersection is the worst in Hamsey Coun'GY and within 24 months the traffic will be as heavy as before the construction of the freewayo There was discussion between members of the gouncil, Oscar J. Husby and his attorneys Laurence M. Nelson, regarding potential use of the property and members of the Council wel'e of the opinion some commel'= cial uses might not be objectionable from the standpoint of public health and welfare. Trustee Nethercut moved, seconded by Trustee Crepeau, that .the recommendation of the Planning Commission be followed and the property legally described as follows: Lot 2, Block 4. Shady Oaks Additions according to the plat thereof on file and of record in the office of the Register of Deeds. Ramsey County, Minnesota. ~ ~ be rezoned from R~1~~A~1al to Ge~~~lal; motion carried. Request for Build1n~ Varianoe TrUstee Nethercut moved, seconded by Trustee Crepeau, that the recommendation of the Boo rd at Appeals be sustained and 'bhe request; be denied to permit A. J. Wilwerding to construot a house on Lot 18, Block 5 in Shorewood Hills whioh would not conform to the set back 4It requirements of the Building 004e; motion carried. The Board of Appeals pointed out that this proposed house would be the first to be CaDS tl'ucted on this block; it recommended 'that it should not be allowed 'to set 8 precedent} therefore, the house should be redesigned to meet the requirements. Land Acquisition Clerk Lurraine Stromquist read 8 memorandum, dated April 12, 1965s from the Board of Appeals wnich requested Council consideration of acquiring '" five lots to the west of the ballfield on County noad F and ~nelling Avenue. The Board felt that since these lots are problem lots for build~ ing purposes, condemnation could be considered and then the property purchased by the Village to supplement the present playground area aDd also .to act. as a buffer zone. _Tn,e matter Was brough'j; to 'their at'bention when a building variance was' referred to thenl xoegarding one of 'j;hese lots. " ~2- }'sgcl TllJ}GC ?,,~:lnutes of 'i:i11.e PSgUJ.8l' Coui,c-il Mc.Gt:i.ng J\I)j:'l~ 12" 1965 Mayo~ Kennedy commented that a group of students majo~ing in phys~cal education at the Univernity of Minnesota had constructed a scale model of this playground area and recommended at that time that the Village acquire Lot 18 and others tor buffer and picnic area, t~is was given serious consideration, but ths estimated cost of ~p75 ,ODD was not feasible with a $5,000 budget allotment and the idea WrlS ebondonec1. Trus'Gae Lang stated tha-t these lots are worth six to seven 'i;hollS[lod dollars and does notbalieve it would be practica~ to purchase theM. . Trustee Nethercut thought the plan should be conside~ed by the Welfare Committee. A resident of the area stated that he understood this area was to be developedes recrea'tional and believes it B.hould be co nsidered. lftrs. Harmon said she believ~s one adequate playground is better than a few small ones. Mayor Kennedy agreed with Trustee Nethercut -that the Plenning COlClDlission should recommend sites and the Welfare Committee consider the acquisi= tion. He does not believe in acquiring areas for ploygrounds without developing as he feels this is unjust to present residents. Matter ~eferred to the Welfare Committee. Sign Ordinance Matters ~he Board of Appeals submitted a letter, dated April 8. 1965. which contained its recommendations on sign matters. Trinity Lutheran Church The matter of the second bulletin board at tds church VlSS discussed by the Gounel 1, Mrs. Harmon abd Thos. Harty = a member os the Boor d of Appeals. Trustee Olmen, a member os the congregation, said that he believes botn signs are needed and are neat appearing and not objectionable; the ohurch does not feel it should pay for the second bulletin board. Trustee Crepeau stated that, in his opinion, the Ordinance was adopted to eliminate signs and would rather have the Ordinance amended than grant a variance for the second church sign. Matter referred to Trustee OlD1en to discuss the matter with the Church Board. Northern States Power Co. Trustee Lang moved, seoonded by Trustee Nethercut. that the reco~menda= tion of the Board of Appeals be accepted and this sign located on Highway #10, south of Highway #96. be allowed to remain for the p~esent. However. if this property remains residential they the Board recorr~ends its removal. Motion oarried. . St. Paul Bible GOlle~e Trustee Crepeau move , seconded by Trustee Lang, as recommended by the Board of Appeals, that two of the three future site signs be removed; motion carried. Presbyterian Homes l'rustee !'lethercut moved. seconded by Trustee Crepeau, that the larg.s permanent sign be allowed to remain, but the other two must be removed; motion oarried. Goldie Anderson - Beauty Shop Trustee ~ethercut moved, seconded by Trustee Lang, that a variance be granted to Section 2, Subdivision (d). of the Sign Ordinance and the beauty shop sign be allowed; motion carried. C. G. Rein Cm. Sign Trustee Nethercut moved. seconded by Trustee Crepeau. that the large IIpro}rerty for Salata sign owned by C. G. hein no-~ be allowed. as recommended by the Board of Appeals; motion carried, -3= . . PClge Foul' Minutes of Regulal' COuncil Meeting jl.lj:~"il 12~ It::2:ib Harkins Golf Tees Tl'ustee Nethel'cut moved, seconded by Trustee Olmen, that the Harkins sign on Lexington Avenue, south of County Road E. be removed, as recommended by the Boa~d of Appeals. motion carried. Request for BUi1din~ Variance ' George Salltros. 36 1 N. Hamline Ave., had requested pe~ission to divide his propel"~Y to enable hill) to construct a house north of his present home. Cle~ Lorraine Stromquist showed a map as submitted by him showing the requested division. Trustee Crepeau moved, seoonded by Trustee Nethercut, as recommended by the Board of Appeals, that a division be allowed with the exception to the proposed plan that the division of the proposed lot = 100 ft. x 147 ft. .= should be 100 ft. x 140 it. giving the 7 ft. x 100 ft. additional to the lot now oontaining the house, thus increasing one lot to 11.700 sq. ft. and making the proposed lot 14,000 sq. ft.; motion carried. REPORT OF RNG lliEER DON LUND Request for Variance to Zoning Ordinance Engr. Don Lund showed a drawing as referred 'co him by Clerk Lorrs1ne StromqUist. ' This map shobled the proper'cy at Coun'by Hoad 11 and NeVI Brighton Road, po!'tions of which have been sold 8ccordlcg 'co metes 2nd bounds legal descriptions. The owner has requested I!l variance to the Ordinance to allow 85 ft. lots. Matter had already been referred to the Board of Appeals by the Clerk. Perl' Plat = A portionment of Assessments Trustee Crepeau intro Uce a resolution, as attached, and moved ibs adoption relating to Sanitary Sewer Improvement No.2. seconded by Trustee Lang; motion carried. Utility Analysis Report In response to an inquiry from Mayor Kennedy, ~ngr. Lund informed the Council that this rep,ort would be ready in a few days. This report had been requested ~ Mrs. ,Tissol, Secretary of the Planning Cormn.>> in a letter, dated April 9, 1965. Sewer Matter = 1609 Johanna Blvd. Engr. Lund reported that plans have been made for the sewer line across Lake Johanna Blvd. to enable a sewer connection to be made for the John Gregorich residence, 1609 Lake Johanna Blvdo ~~ed Nixon informed the Council that an agreement has been made with Sonny's Sewer Service to construct the sewer line across the road as soon as permission is granted from Ramsey Count Yo Cummin s Lane Sewe~ Improvement he matter of oonstructing t e Cummings Lane sewer was ~eferred to the Clerk to check with Atty. Courtney on the procedure mnd to so inform Banister Engineering Co. REPORT OF TRUSTEE NETHERCUT Planning Commission Trustee Nethe~eut read a letter, dated April 9. 1965, from the Planning Commission which inquired whether the Council would like to discuss further with the Commission the proposed ~ ;"~ko;~':~ B~~~.t..(. ..'C' ~ Mayor ~ewn~y'_~id he felt that the reasons given for the rezoning from ~~ to Residential of the Floral Drive area were not adeq).late Hij stated that he had written to the owner of the property informing him of this possible change. Mayor Kennedy again mentioned the differenoe of opinion regarding the acquisition of playground areas. Trustee Nethercut explained that the practice of requiring developers to donate property for playgrounds is permissable. but not mandatory. =4~ Page Fi"Je Minutes of Regula!' Council Meeting ApY'~"l 12. 186.5 T~ustee Nethercut dist~ibuted copies of a rou@. draft af the proposed Zoning Ordinance and requested comments from the Council before the next Planning Co~ission meeting, May 4. 1965. Mayor stated that he did not believe it possible for each member to thoroughly study such a lengthy p!'oposal in so short a time. The Council requested the Cle~ to assist the Planning Cormnission in obtaining subscriptions when necessary. REPORT OF TRUSTEE CREPEAU . Metropolitan Government Meating Trustee Crepeau reported on the Metropolitan Gove~nment meeting held at the Northernaire. He informed the Council that the pt~pose of Metro Govt. i~ to attempt better cooperation between hamsey County and the City of St. Paul. The Metropolitan Sewe~ Bill wes discussed Bnd mO!'e meetings on this subject are to be scheduled as Minneapolis had p~oposed amendments. Trustee Crepeau offered to continUe to ~epresent A~den Hills at these meetings. REPORT OF TRUSTEE LANG Rec~eational Programs T~ustee Lang ini'ormed the C"ouncil that the LUtle LaRes Li"~tle 1eDpYG has submitted the requi~ed information "GO enter into a COtr~rflct wl'[;h the VillAge and this has been given to Atty. Courtney. He strted that ~egistration in each of the Leagues is much less than 2nticipated, so financing will be less. He said that registl'a'Gion for "[;h,7, Mounds Vien., Athletic Ass'n is closed, but the Little Lakes Little Lesgue is going to have one more registration session. Trustee Lang informed the Council that a letter had been received f?om the Lake Region Hockey League exp~essing thei~ gratitude for the use of the Lake Johanna rink this past season. 'l:rust;ee Lang info:rmed the Council that the president"s ofGhe iIl.V.A.A. ~nd the L.L.L.L. have agreed on days for using the playground at County Road F and Snelling Avenue. Welfare Committee ~he Council agreed with Trustee Lang that IIWelfare Commit'Gee" is no';; an approp~iate name for this Conmittee. Consideration is to be given to a new nama. " REPORT OF" TRUSTEE STAN OLMEN Trustee Olmen informed the Council that he intends to request street signs for the Village where needed and requested Fred Nixon to check the Village 601' necessary new signs end replacements. The Council discussed the possibility of starting a program of reflective street signs. possibly in a different color than surrounding villages to distinguish between villages. Matter referred to Fred Nixon. . REPORT OF MAYOR KENNEDY Fire School A letter from the University of Minnesota regerding a scheduled Fire School to be held at the St. Paul Campus from April 26 ~ 29 was refel'red to Trus tee C~epeau. Minn. Liquor LaW Proposed Resolution Mayo~ Kennedy informed the Council that the Hennepin County League has requested support of File No. 1003 which would change the State liquor laws to allow municipalities to have off=sale liquor establish= ments. but private on~sale; a proposed ~eso1ution was submitted by the League. Mayor Kennedy suggested and the Couneil agreed to int1'o= duce the resolution to the Ramsey County League for passage as a League rather than individual villageso =5= -. Pege Six Minutes of hegula~ Council Meeting AP1'U 12. 1965 REPORT OF CLERK LJRRADm STROMQUIST BUdp;e'l:; Reports Clerk Lo1'raine Stromquis'G distl:'ibuted copies of 'i;he bUdget l:'epol:'t through the end of March. ~qulpment Rental ir~s~~ Olmen movedp seconded by Trustee Lang. that 8 l:'ental chal:'ge ~~$6.~0 per hour be paid for the grader and tractor owned by Fl:'ed Nixon; motion carried. . Appro 81 of Seasonal Emplo ee Trustee Olicien moved, secon ed by Trustee, Nethercut. thn't John E. Sadlowski>> 5072 Brighton Lane, New Brighton, be employed as a sea~onBl employee at the rate of $3,00 per hour; motion ca1'1'ied. DiVision of Prope:rty Request Clerk Lorraine Stromquist presented a request from Ml:'s. Jane nnnk. 3210 Hamline Avenue, to divide her property into two lots to create a residential bUilding site. Clel'k displayed a survey of the prOpel"Gy as submitted by Mrs. Rank which showed the pl'oposed division; the property is adequate to meet the Ordinance reouiremen'Gs . The Council ag:r.eed that the Clerk is authorized to make such decisions when ths1'e is no conflict with the Ordinance. AdjoU!'nment Meeting adjourned at 11:10 p.mo ~ . -'. ,. Extract of Minutes of Meeting of the Village Council Village of Arden Hills County of Ramsey State of Minnesota Pursuant to due call and notice thereof, a regular meeting ... of the Village Council ~f the Village of Arden Hills, Ramsey County, Minnesota, was duly held in the Village Hall at 1450 West Highway 96, St. Paul, Minnesota, on Monday, the of Aor~1 , 1965, at 8:00 o'clock p.m. The following members were present: Mayor Kennedy, Trustees Nether cut , crepeau. OJmen and).",l'lg 12 day and the following were absent: Nene Trustee Crepeau introduced the following resolution and moved its adoption: RESOLUTION RELATING TO APPORTIONMENT OF ASSESSMENTS RELATING TO SANITARY SEWER IMPROVEMENT NO. 2 BE IT RESOLVED by the Village Council of the Village of Arden Hills, Minnesota, as follows: WHEREAS, the assessment roll for Sanitary Sewer Improvement No. 2 as last finally amended and adopted on October 12, 1961, was filed and certified to the County Auditor of Ramsey County on November 8, 1961, for the purpose of including installments thereof to be collected along with real estate taxes commenGing in 1962; and ... WHEREAS, a hearing on supplemental assessments, reassessments, and apportionment of previous assessments in respect to Sanitary Sewer Improvement No. 2 was held on 3uly 16, 1962, at which time assessments for Sanitary Sewer Improvement No. 2 were amended as provided by said resolution of said date and certified and filed in the office of the County Auditor of Ramsey County on October 3, 1962; and . , WHEREAS, since that date a number of parcels of property contained within said assessment roll as amended have been divided and conveyed by previous property owners; and WHEREAS, the County Auditor of Ramsey County requires that apportionment of the original assessment against each original tract where it has later been divided, sold or conveyed, be made by the Village Council of the Village of Arden Hills, in order ... that the proper assessment can be extended by the County Auditor against each parcel of property thereafter, commencing with an a~sessment to be collected in the year 1963 and thereafter. NOW, THEREFORE, the Village Council of the Village of Arden Hills does hereby make the following apportionment of original assessments as contained in said assessment roll of October 12, 1961, and as amended as of July 16, 1962, against the following described properties: Original Assessment: The N 422 feet of Lot 32, Auditor's Subdivision No. 80 lying W of the fol. des. line: Beg at a pt on the N line of sd lot 32, 656.82 ft W of the ~ Sec. cor. in the center of Sec. 33, T 30 N, R 23 W; thence S 422 ft to a pt. 657.31 ft W of the N and S ~ See line in sd Sec. 33, subj to roads and power line R.O.W. $7200.00 Apportionment: Lot 1, Bl. 1, Perry Addn. Lot 2, Bl. I, Perry Addn. Lot 3, Bl. 1, Perry Addn. Lot 4, Bl. 1, Perry Addn. Lot 5, Bl. I, Perry Addn. Lot 6, Bl. 1, Perry Addn. Lot 7, Bl. I, Perry Addn. Lot 8, Bl. 1, Perry Addn. lUlL GO un .116 n~~ PEl a6~.DO 95: . me 9~"'.ie U: _ :11 ALi.DO 'l.:zs; dtJ '1 ;lS; ;(J fl1~ I/"i fU:"'II 1U:'" t1S:n ~ns; d'd q ;)s: fI1 ... The Village Clerk of the Village of Arden Hills is hereby authori~ed to prepare a certified copy of this resolution and to certify the same to the County Auditor of Ramsey County, Mannesota. The motion for the adoption of the foregoing resolution was duly seconded by2rustee Lang , and upon vote being taken thereon, the following voted in favor thereof: . , and the following voted against the same: whereupon said resolution was declared duly passed and adopted. . STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS VILLAGE OF ARDEN HILLS ) I. the undersigned, being the duly qualified and acting Clerk of the Village of Arden Hills, Ramsey County, Minnesota. do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of said Village Council held on the J.2 day of Aprl1 . 1965. with the original thereof on file in my office and the same is a full, true and complete transcript therefrom. insofar as the same relates to apportionment of assessments. WITNESS MY HAND Officially as such Clerk this of April. , 1965. J.2 day ~ J~F- Lorraine Stromquist Villa Clerk (SEAL) . Property Description '___mu_ -. ~8'. La terall i Trunk o.l-~;:t - ~- - -- - -- T Serv- Front Side IFront Area Front AraB. ice Total '1$9.40 $9.401$2.50 $nl.(lJ $0.60 $1\).' Conn. A8seSrme~ pt. 1ft. i 1ft. /Acre 1ft. /A~i'e " I - _n_ t- ---, --- j r ------ 'J I I' i 700.0~ I 1,700.01 200.0 I, . , , i I I i I! i I . I I . , , I' I I I : , ... ORIGINAL D~ll.mED PaOl'BRTY The N 422 feet of Lot 32, Auditor's Subdivision No. 80 lying W of the fol. des. line: Beg at a pt on the N line of sd Lot 32, 656.82 ft. W of the ~ Sec. cor. in the center of Sec. 33, 430 N, R 23 W; thence S 422 ft to pt. 657.31 ft W of the N and S See line in sd Sec. 33, subj to roads and power line R.O.W. 7200.00 .. , TOTAL '700.0. · 700.00 . : . I - -_-_cc.-=_,"'-___ -'~-'-- ,coo. --l-.-c--.=. --l-'"o.~"-T --=4=-------1=-- i ' · I i I I i '1 I · 87.5~ I I ! 87.5 50. --~----------- --,--~--.." t - --~ -.-----+- ----j--- ---f'---- -- -~ . I , I Lot 2, Block 1, Perry Addition 87.51 I ! '87.51 50. -~-~~--;,--~~~_~~~~~...y~~~~~t~:n_-__~__'- ,~~7"5r - ~~-:--'-:J-_~l!~~5j ___ ___ ~ -~:~-:: :~~: i:--;-:: -:::::~:----~-::~:t-- - r-- i I ::j----- ml-* ----------------------------- -- ------l------l----, ; -r-- ' __ Lo~!, B1~~~, _pe!~~di!~on._____.87.:~u--~------~---t_-~7.5 ____ .-:::-:::~;::.;;;;;;~~:t_ t' I' .~::; -- ,:; ~.~~~.OO . I 200.0 -----.----..----- -----._--- -. APPORTIONMENT OF ASSESSMENT Lot 1, Block 1, Perry Addition i I J