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HomeMy WebLinkAboutCC 03-14-1977 MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, March 14, 1977 - 7:30 p.m. Village Hall Ca II to Order Pursuant to due call and notice thereof, the meeting was called to order by Mayor Crepeau at 7:30 p.m. Roll Cal i Present - Mayor Henry J. Crepeau, Jr., Councilmen Ward Hanson, James Wingert, Charles Crichton, Robert Woodburn. Absent - None. Also Present - Attorney James lynden, Treasurer Donald Lamb, Parks Director John Buckley, Planner Richard Fredlund, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. . Approval of Minutes Crichton moved, seconded by Wingert, that Council approve the Minutes of Counc! I Meetings of February 14, 1977 as submitted and February 28, 1977 as corrected. Motion carried unanimously. BUS!NESS FROM THE FLOOR None. REPORT OF VILLAGE PLANNER RICHARD FREDLUND Case No. 77-6. Variance for Garage - Kenneth Dahman, 1900 Glenpaul Avenue Fredlund referred Council to Planner Miller's report and site plan submitted by Mr. Dahman, Indicating proposed location of garage 3' from the side property lIne. Fredlund re?orted that the Board of Appeals and Planning Commission recommend approval of the variance as req uested. After discussion, Wingert moved, seconded by Hanson, that Council approve the 7' side yard variance on the basis that lot Is narrow In width. Motion carrIed unanimously. Case No. 77-8. Special Use Permit, Planned Unit Development and/or Rezoning from R-~ to L-B - Bethe! ColleQe Student Housing Fredlund referred Counci I to the Minutes of the Planning Commission Meeting of March I, 1977, reporting that the problem of how to proceed was referred to Council; recommending Council approval of the plan concept and Issuance of building permits for the two student housing bui Idings and lot split. Fredlund noted that the steep grade of 12% has been reduced; plan showing the reduced grade and special treatment to prevent erosion was submitted (dated received 3/14/77). Crichton suggested that In view of no new zoning ordInance to date, existing ordinance does not permit colleges in an R-I lone; consequently, must rezone to L-B before the proposed construction can be considered. Fredlund noted that the Planning Commission does not recommend the rezoning to L-B, If the approval of the proposed construction can be accomplished In some other way; not In favor of rezoning the property. ~ Hanson suggested that the two items are concurrent - rezoning and application for Special Use Permit. Wingert noted that under the current ordinance, the procedure require- ment Is for a Special Use Permit for a PUD; expressed concern re whether Bethel property is suitable to rezone; once thIs Is done all l-8 uses would be permitted on this property; land may not always be in Bethell's ownership; not sure that ail L-B uses are compatible for this area, adjacent to residential; opposed at the moment to the rezoning. Attorney verified the need for a 2/3 vote of entire Council to rezone, Crichton moved, seconded bv Hanson. that Council approve rezoning of the area north of the Soo line railway. between Old Hwy. 10. HIQhwav 51 & 1-694. to L-B (area of Bethel property east of Old Highway 10, as designated'at the Public Hearing). Motion did not carry (Hanson, Crepeau voting In -1- Minute~ of Regular Council Meeting Page two ~~arch 14, 1977 favor of the motion; Crichton, Wingert, Woodburn voting In opposition). Crichton referred Council to broChures of Bethel College which descrlt~ -the Bethel College campus as being a very delightful campus of wooded hi lis which takes advantage of the natura~ beauty of the site _ definitely not a business property In his opinion. Hanson asked whether the rezoning of the Reiling property from R-2 to R-B requires an ordinance amendment? Lynden advised that It does; rather than amend the existing Zoning Ordinance and Map, it was his, and the Clerk Administrator's decision, to Include the two rezonlngs from R-2 to R-8 (Cleveland and County Road D and New Brighton Road and Lake Johanna Boulevard) In the new zoning ordinance and map when adopted. · Hanson said that, based on previous Council action, It appears that the only option left to Bethel Is to apply for rezoning and then for a Special Use Permit for a PUD; can't take the Planning Commission's recommendation as stringent; probably did not understand the legal problem that Council Is under at this time; If concern is about future use re compatibility, Council should probably consider a Special Use Permit and rezoning with restrictive covenants. Attorney nDted that conditIons on rezoning are unlawful; could require developer to apply restrictive use of the property. Crichton noted that, based on Council's previous determination that, as worded in the current Zoning Ordinance, colleges are not a per- mitted use In an R-I district, it was his hope that the new ordinance would clarify this point; not accomplished to date; other commercial uses are not consistent to this area. Hanson noted that no one has appeared Opposing the proposed Bethel College applications; should accomodate the College In their request. Woodburn suggested that perhaps Council should consider the proposed 2f acre site on which the dormitories are proposed, rather than the entire campus; parcel Is requested to be spilt for financIng purposes, creating a separate parcel. Hanson referred Council to Ordinance No. 99 provision that "no applica- tion for rezoning which has been denied wholly or In part shal I be re- submitted for a period of six months from the date of said order of denial"; asked how College can apply, If rezoning Is denied? Woodburn said, If property is sectioned, Bethel could then apply for a BuIlding Permit for Institutional housing which is a permitted use In the R-I zone; requesting a Special Use Permit for a PUD for the two buildings on a single parcel. After considerable discussion, Woodburn said he desires that justice be done to enable Bethel to do what they have requested to do; have denied the rezoning - have two other applications before the Councl I. R. Hoffmann expressed a need to separat~ the problems of Northwestern and Bether colleges; suggested consider the problems one at a time; . limited business should be considered - not business In general; asked Councii to reconsider what it has done; a matter of Interpretation. Mr. Dave Lissner said that another possibility Is ~o consIder the smaller parcel (2f acre tract) to permit student institutional housing. He noted that setback for Zoning boundaries may not be-met, but other- wise would meet requirements - Instlt~tional housing Is permitted In an R-I District. Wingert considered this to be a "pIece meal" procedure _ better to take the Special Use Permit for a PUD procedure. Woodburn moved to proceed with consideration of the Special Use Permit for PUD procedure. Motion was seconded by Wingert and carried 3 to 2 (Woodburn, Wingert, Crepeau voting In favor; Hanson, Crichton voting In opposition. -2- . . Min~tes of Regular Council Meeting Page three The mast6r plen for Bethel Campus was presented by Lissner which he d~scribed as very similar.to master plan presented In 1972; substantively no change proposed. llssner reviewed proposed construction _ additions to buildings E and F and libraries, plus three additional dormitories; explal~ed that they are experiencing a higher percentage of commuters; therefore, need larger on-campus facll ities I.e. lounges, I ibrarles, etc. Lissn~r described the campus as about 214 acres; 220 acres Including the lake; the lake Is meandered and controlled by DNR and the State of Minnesota. lissner said 1800 FTE Is considered to be the 5-year goal for campus; governed by the Board of Regents. (Does not Include. 310 FTE Seminary Students). March 14,1977 Co~ncil reviewed the grading plan, parking provisions; noted need for prov!slon of a walking path connection from dormitories to parking lot, routIng of which Lissner said has not been decided. In review of the grading pian, Cottle explained that 12% slope has been reduced to 6%, and retaining walls are provIded to prevent erosion. Cottle noted that access drive distances were discussed with the Fire Marshal. Lissner noted that five hydrants will be required for the two buildings. After discussion re drainage, Woodburn moved that Councl I approve Case No. 77-8 as a PUD, granting a Special Use Permit for Institutional housing on the 2i acre parcel for two dormitories, with the following provisos: . I. Approval of drainage by Rice Creek Watershed District. 2. Approval of plans by the Fire Chief. Motion was seconded by Wingert. in discussion, the following Impact of utilities to serve the proposed dormitories was discussed. Lissner said that water system has been designed to be looped; wi I I be completed when next two buildings are built; sanitary sewer Is now spilt - half to Grey Fox Road and half to Old Highway 10. Park dedication was discussed. Lissner reported that he had discussed possible park dedication with the Administration; will be pleased to work with the City; no money Is budgeted this year, could possibly be defe'rred for a yea r. Li ssner sa I d that Co II ege students do use the Village parks, and City residents use the College tennis an~ handball courts and the pathway system through the campus; Bethel did not oppose the County acquisition of lands now in open space, which Bethel paid taxes on for many years - will be wil ling to make up any differences which are lacking; would be extremely reluctant to convey land, but amenable to off~set with something. suggested that the motion be amended to add the following pro- Crichton vlsos: 3. 4. Satisfactory resolutIon of park dedication. Adequate parking lot be provided on adjacent parcel, as per drawing submitted. Amendments to motion were accepted by Woodburn and Wingert. Motion did not carry (Woodburn voting In favor of the motion; Wingert, Crichton, Hanson, Crepeau voting In opposition). . Wingert moved that a PUD for the entire. site, as per plan submitted, recognizing at I as-bui Its, plus the two dormitories. Motion was seconded by Woodburn. Mo~lon did not carry (Wingert voting in favor; Woodburn, Crichton, Crepeau, Hanson voting In opposition). Crichton moved to reconsider the proposed Zoning Ordinance at the next Council Meeting, as amended to date. Motion was seconded by Wingert. Hanson noted that an amendment to a Zoning Ordinance, not initiated by the Planning Agency, may not be acted on ~ithout the recommendation of the Planning Agency; must, therefore, refer the amended Zoning Ordinance to the Planning Agency before taking action. (Attorney Lynden advised that Council can move to reconsider the new Zoning Ordinance; should be placed on the Agenda of a future Council meeting.) Motion did not carry (Crichton, Wingert, Woodburn the motion; Crepeau, Hanson voting In opposition. required for passage.) voting In favor of (2/3 of majority -3- Minutes of Regular Council Meeting Page four March 14, 1977 Park Dedication Recommendations Re Karth Lake Estates and Karth Lake Hil '5 Proposed Plats - Parks and Recreation Committee Crichton reported that the Parks Committee recommends that since addi- tional park land is not required in this area of the Village plats provide a monetary ,~O!1"!",.n\J:;'I:'l:' "niJ l"llat accllss to Cummings "ark via pedestrian way easements from areas on both sides of Karth lake to the City's park area be provided. Matter was referred to the Planning Commission for its consideration in review of the Preliminary Plats. REPORT OF ViLLAGE ATTORNEY JAMES lYNDEN . Case No. 76-41, Special Use Permit for Planned Unit Development _ BanCon, inc. Lynden referred Council to a draft of the Special Use Permit _ Case No. 76-41, which Council reviewed in accordance with the revised Preliminary Plat (dated 3/9/77) received 3/14/77. Crichton moved, seconded by Hanson, that Council approve the Special Use Permit-Case No. 76-41, as amended, and authorized Its execution by the Clerk Administrator. Motion carried unanimously. Attorney Lynde~ suggested that, In the future, when a Special Use Permit is pending before the Council, that Council authorize the City Attorney and Planner to prepare a Resolution and Special Use Permit containing the certain points, for consideration at a later meeting by the Council, for adoption I.e. a preliminary motion embracing the following c~ndltlons, among others, for Council's consideration; Attorney should also have the final plan to work with In preparation of the Special Use Permit. Procedure re Sale of Hunters Park Pedestrian Way Parcels to Adjacent Land Owners Crichton asked what the procedure would be If the Individual parcels of the abandoned pedestrian way were sold to the adjacent land owners. Lynden saId Engineer would prepare legal descriptions of land to be re-conveyed; parcels can be sold by metes and bounds descriptions; conveyances can be drawn by the City Attorney. Crichton will pursue the matter with the property owners and obtain a subjective appraisal of the parcels to be conveyed as a basis for charges. REPORT OF CiTY TREASURER DONALD LAMB Investments March 7, 1977 - $100,000 at the First National Bank of St. Paul at 5.75% Interest for one year. Woodburn moved, seconded by Hanson, that Council ratify the Investment by Treasurer Lamb. Motion carried unanimously. OTHER BUSiNESS Case ho. 17-2, Preliminary Plat - Edgewater South and Case NO: ''1-9 Prel iminar Plat"' Hel hts of Johanna Lake Wingert referred Council to the proposed revised pia s of Heights of Johanna Lake and Edgewater South and reviewed the drainage proposals for the two plats. . After discussion re the merits of cul-de-sacs vs. loop street (Jerrold to Edgewater) and probable costs for each, and review of letter from Mrs. Luehrs, Crichton moved, seconded by Hanson, that Council approve the Preliminary Plat of Heights of Johanna Lake, as submitted, contin- gent on Rice Creek Watershed District's and City Engineer's approval of grading and drainage. Motion carried unanimously. Wingert moved, seconded by Woodburn, that Council approve the Preliminary Plat of Edgewater South (received 3/14/77), contingent on City Engineer's and ~Ice Creek\;1I1ershed District's lIpproval of the grllding 'lnd <j!"lIlnage, and subject to City Attorney's approval of the easements as Indicated. Motion carried unanimOUSly. -4- Minutes of Regular Counci I Meeting Page five March 14, 1977 REPORT Of PARKS DIRECTOR JOHN BUCKLEY Shade Tree Short Course - Mark Peterson Crichton moved, seconded by Wingert, that Council authorize Mark Peterson's attendance at the March 23rd Shade Tree Short Course. Motion carried unanimously. Approval of Instructors for Winter and Spring ProQrams Crichton moved that Counci I approve the hiring of the Winter Program Instructors as listed In Buckley's mamo of March 8, 1977. Motion was seconded by Wingert and carried unanimously. Crichton moved that Council approve the hiring of the Spring Program Instructors as listed in Buckley's memo of March 8, 1977. Motion . was seconded by Hanson and carried unanimously. Dlseesed Tree Removal Bid Tabulation Buckley referred Council to the tabulation of bids received (6 bidders), reporting that the apparent low bidds.rs eore GrEJE:Y, Ccv... Lllr,.j l.IlId Develop- ~~~t and Whitesell Tree Service. Buckley reported that new circum- stances, such as burning sites, State and Federal Aid, etc. are pending resolution. After discussion, Buckley was requested to obtain refer- ences re Green Cove Land and Development for Council's consideration, and to discuss with the Citv Attorn~y how City can accept a bid end stili be able to react to the new clrcustances. Public Service Employment (Title VI) - Project Proposals Council was referred to Buckley's memo of March II, 1977, re possible ways the available monies may benefit Arden Hills. After discussion, Wingert moved that Councl I 1977 PSE Special Project Proposal, Title 6. Hanson and carried unanimouSly. not make application for Motion was seconded by REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MCNIESH Public Safety Committee Recommendation for Street Sign - Bussard Court Woodburn moved, seconded by Crichton, that Council approve the Instal- lation of a "Dead End" sign at Bussard Court, as recommended by the Public Safety Committee. Motion carried unanimously. . Water Connection - 3731 New Brighton Road After review of memo from McNiesh (3/11/71) and discussion, Wingert moved, seconded by Hanson, that Clerk advise Mr. Milton by letter that It appears there have been ordinance violations and Council offers settlement on following basis: that Milton apply for a water connection permit; that he be charged the regular fee of $95.50 for Inspections, meter and meter installation, plus $35.00 double Inspection fee; that he be back-charged for water usage, based on average residential charge; that he be charged an 8% penalty fee and that he be required to excavate at the curb box for City Inspection of the connection to the City water system. Motion carried unanimously. Claims and Pavrol I Wingert moved, seconded by Hanson, that Council approve the Claims and Payroll as submitted. Motion carried unanimously. Approval of Employment - Jane Lund McNlesh referred Councl I to her memo of 3/14/77. After discussion, Woodburn,moved, seconded by Hanson, that Council approve the hiring of Jane Lund at $3.50/hour, effective April 4, 1977. Motion carried unanimously. Adjournment Wingert moved, seconded by Hanson, that the meeting adjourn at 1:07 a.m. Motion carried unanimouSly. ~CfJJ~ Charlotte McNiesh Clerk Administrator Next ReQular Council MeetinQ - March 28, 1977 at 7:30 p.m., Village Hall. -5-