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HomeMy WebLinkAboutCC 02-28-1977 . . . . M1NUTES OF REGULAR COUNCIL MEETING Vlllace of Arden Hi I I s Monday. February 28. 1977 - 7:30 p.m. Village Hall Call to Order Pursuant to due call and notice thereof. Mayor Crepeau called the meeting to order at 7:30 p.m. Roll Call Present - Mayor Henry J. Crepeau. Jr., Councilmen James WIngert. Ward Hanson. Charles Crichton. Robert Woodburn. Absent - None. Also Present - Attorney James Lynden. Engineer Donald Christoffersen. Treasurer Donald Lamb. Police Lieutenant Douglas,McCall. Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm. Business from the Floor None. REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN J (~.' " Hunters Park - Approval and Acceptance of Streets Christoffersen referred Council to his letter of 2/28/77. advising that the streets In Hunters Park now meet with Village standards and Council acceptance Is recommended. Woodburn moved. seconded by Hanson, that Council accept the streets In Hunters Park. subject to receipt of a warranty bond for a period of one year from date of acceptance by the City. Motion carried unanimously. Feasibility Report - Sanitary Sewer. Watermaln and Street Extensions for the Karth Lake Area Christoffersen referred Council to report covering sanitary sewer. watermain. street and drainage Improvements In the vicinity of Kerth Lake. for Gouncl 1 's consideration,' Chrl stoffersen noted that the~t dy . vers !):lA' Yd.g~~,I,.,'?9-ed.lands sur- rounding Karth Lake which are no" d by Wiii<~._ T; from plats presented to date. It appears t~at~ ~~s~111 not have to be changed appreciably; proposes that gradlng~.~, .~~ done by the developers; recommends that uti Ilties be connected to existing Arden Hills systems rather than to Shoreview; water system Is proposed to connect to Control Data Corporation's system to provide necessary loop for the north end. ChrlstofflU.s~e!l.....SjlJ9that a north/south street parallel to Lexington Avenue is,7~~"-4anltary sewer development. Christoffersen suggested that Councl I defer Its action on the authorization of the Im- provements until after the pUblic hearing and preliminary plats for pro- posed developments In the area are approved. Christoffersen suggested that If Plans and Specs are ordered In April. May might be considered a reasonable target for the bond issue; should check this with bond counsel. Draina~e - Area of Proposed Plats of Edge~ater South and Heights of Johanna Lake In discussion re solution to drainage problems In the area of proposed plats of Edgewater South and Heights of Johanna Lake, Christoffersen suggested that Council approach New Brighton re an outlet for the pond (east of Cleveland Avenue); Important for developers to submit grading plans for the proposed preliminary plats in this area. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Proposed ZonlnQ Ordina~ce Hanson. in a prepared statement, noted that the 1976 Comprehensive Plan is a complete and satisfactory document which the Council wlli be able to use to guide the orderly future growth and development of Arden Hills; the up-date of the existing Zoning Ordinance. with Its various amend- ments, has become an emotional Issue; proposed ordinance revision pre- sents problems; questioned that revision of the zoning ordinance Is necessary; existing ordinance isa weli-thought-out document that has served the test of time. ' -1- Minutes of Regular Council Meeting Page two February 28, 1977 Hanson moved that the Council continue to abIde by the well-considered zoning ordinance currently in effect, and In doing so, reject the pro- posed zoning ordinance, which would have a divisive effect upon the community, and which Is presently unnecessary. Motion was seconded by Crepeau. Motion did not carry (Hanson, Crepeau voting In favor of the motion; Wingert, Woodburn, Crichton voting in opposition>. Lynden noted that adoption of ~ Zoning Ordinance requires approval of 2/3 of Council, or 4 out of 5. . Wingert expressed surprise and concern; asked Hanson if he can see ever passing a revised zoning ordinance; zoning principles, rather than emo- tion, should be the basis for the up-date of the ordinance. Many of the changes In the proposed revision are needed and apparently not con- troversial; unfortunate to defeat entire ordinance because of emotional controversy; Northwestern College matter can be decided In court. In discussion, It was noted that several items of the proposed ordInance have not been resolved as yet by Council; important to get these accom- plished; many applications are pending and will be affected If proposed ordinance is not adopted; anticipate a great deal of activity In the next three years. Lynden referred Council to memo of 2/24/77 re Proposed Zoning Ordinance Amendments by Attorney Lynden and Planner Fredlund. Crichton moved, seconded by Woodburn, that Council approve the four changes re "public street, as per memo. Motion carried unanimously. Crichton moved, seconded by Wingert, that Councl I approve the change on p. 3-9, 12. Restrictions on Location of Non-residential Uses In Residential Districts as amended (See beiow). MotIon-carried unani- mously. (In the granting of Special Use or Planned Unit Development Permits for non-residential uses, other than home occupa- tions and family day-care homes, to be located in a res!~9~- tlal district on a site of one (I) acre or more, the Council Shall not permit ~ze~Jr~~J~~~,~lte to a cui-de-sac or loca I street and aTso", nn.fi'UC'"fUr'ii or hard-surface area to be constructed on said site closer than one hundred (100) feet from any adjacent residential lot.)' Crichton moved approval of amended defi.dtlons 139 through #45 as per memo (2/24/77), edding "only" to definition 641 ("... consisting of G~~y one (I)...".). Motion was seconded ~y Wingert and carried unani- mous Iy. Hanson moved that definition #11 i be amended by deleting all lenguage after secondary schools, and that definition #112 be worded to Include professional schools, col leges and universities accredited by the North Central Association. Motion was seconded by Wingert. . In discussion, Crichton noted that, as he understands It, a school has to be on a site for a certain "~mber of years (6 or 7) in order to become accredited. Motion did not carry (Crepeau, Hanson voting in favor; Wingert, Wood- burn, Crichton voting In opposition). Comments from the Floor: Richard Hoffmann suggested that accreditation requirements be checked. Frank Stanton stated that definitions #11 I and #li2 are the crux of the problem and not consistent with Comprehensive Plan. Larry McGouQh said he supports the residents; definition change permits a use which was here-to-for prohibited. -2- Minutes of Regular Council Meeting Page three February 28, 1977 Mr. Koehnke said that Dr. Bernsten originally promised to keep North- western College a smal I rustic atmosphere. Robert Carlson - revision Is a clear attempt to make a non-conforming use conforming. Mr. Shacker said that Council is responsible to the residents. . Robert Nethercut said he doesn't see the rationale for the change; disadvantages are clear. Crichton asked if It Is so clear that colleges are only o.k. In busi- ness districts, why was Bethel College permitted In R-I? Hanson said that Bethel came In before the ordinance was passed; If any fault with prior Councils, It has been to accomodate people developing property; no public opposition to Bethel. Dorothy McCallum read letter from Mr. McCallum, President of Arden Hills 13 Association. John McCarthy - Can't see why change Is proposed; In fayor of Ord. No. 174 as It is. McGouQh - Bethel Is O.K.; Northwestern College Is the controversial Issue. Woodburn noted that definitions were written with both colleges In their present locations; no change was seen up to the time of the 1600 seat auditorium proposal; no change was foreseen or considered In the proposed ordinance; ordinance 699 and 6174 were read Closely and often; now objections are being r~lsed and the present ordinance challenged re Council's action of denial of Special Use Permit, based on resolu- tion of whether or not Northwestern College Is a conforming use In R-I. Woodburn stated that whether this was "right or wrong", Northwestern has some right to expect approval of the proposed ordinance; almost "a taking away of something we have made a pattern of" _ allowed them to make an Investment; encouraging them, In his estImation; control of the situation can be attained without negating the Course completely. Bill KrueQer - expressed concern re the proposed ordinance; changes our way of living In our neighborhood - asked what would prevent North- western College from buying a house and turning it into a use for the school. Crichton saId that a Special Use Permit would be needed to do thIs; if no~ a residential use as permitted, would have to prove ~hat the use would not be detrimental. Norman Bakken - said when Northwestern College came Into area we were happy to have them there; problem is now of densIty, ecology of lake, Intense usage of lake; Initial mistake was to allow Northwestern College In th I s a rea. . Leander Lippert - if Northwestern College was a mistake in the first place, Council did the right thing when it denied the proposal for the Fine Arts Center - a step in the right direction. Mary Mee - would expect that the revised ordinance be "tightened" rather than "lOosened:. McGoUQh - I would stili be in favor of Bethe! development. Hanson noted that the people flving around Northwestern College have been llCcomodat in g. . ~ . : ..L. I ; . =:', - . . -_.~" ~ . .. : ~ ~_._~_1_ . . - - . 1 . : ~ . . ..---- , . . . .. Hanson read an "open letter" to Dr. Be rn tsen re his personal expe r i ences . Mr. Stanton said he feels the community has suffered; seems, In vIew of feelings of the community, Council has the legal right to ask for rezoning to L-B; also Is logical for Bethel; If a legal point is to be resolved, It should be done by the court. -3- Minutes of Regular Counci I Meeting Page four February 28, 1977 Mark Peterson - Council should think of the young people in the Arden #3 area as well as the adults; ideal place to bring up kids -- set off from the busy wbrld; College Is Ignoring the feelings of the adults and kids In the neighborhood. Ken Lukaska reported that the College tennis courts (parking lot) were loaded with cars last Saturday; traffic wll I be bad on Lydia. Crichton noted that Northwestern and Bethel Col leges have equal pro- tection under the law; tonight we are not talking about Northwestern Col lege's application for an auditorium, we are attempting to control non-residential uses in a residential district. Bethel College and Northwestern College are In the same category, as far as zoning Is concerned. . Mr. Kahnke noted that Northwestern, he believes, operates a radio station from the grounds - a commercial use. Crichton said this can be checked, and Northwestern advised that commercial use is not per- mitted in R-I. Density maximums were discussed; ordinance limits number of units/acre; possibility of limiting number of people/acre was considered; If appropriate, limits could be Incorporated In proposed zoning ordinance. Attorney Lynden was requested by Council to pursue legality of control- ling the usual number of persons/acre at anyone time. The proposed Zoning Map, as amended to date, was reviewed and the following,addltlonal changes were approved:. I. 8-1 designation at NE corner of Old Highway 10 and County Road E (Llndey's), be changed to B-2. 2. 8-1 designation at N.E. of Cleveland and Co. Rd. D (Gonnella), be changed to B-2. Crichton moved, seconded by Hanson, that map as drawn be part of the proposed ordinance when passed. Motion carried unanimously. Woodburn stated that the area east of the Village Hail to Hamllne Avenue, In his opinion, is a logical area for a B-1 situation; set-back from Highway 96 Is Inadequate for residential development; depth of this property Is adaptable for "low key" office use; difficult to have numer- ous IndivIdual access points onto Highway 96, unless an access road Is provided parallel to Highway 96. Wingert moved, seconded by Woodburn, that the Proposed Ordinance be approved and adopted. Motion did not carry (WIngert, WOOdburn, Crichton voting In fav~r of the motion; ~anson and Crepeau voting In opposltlon- requires 4 votes out of 5 to approve the Zoning Ordinance). PLANNING COMMISSiON RECOMMENDATiONS: . Case No. 77-7, Variance - Au~ust Construction Company Wingert referred Council to site and house plans for proposed construc- tion on southeast corner of Cleveland and Stowe Avenues; question to be resolved Is whether proposed house, as positioned, can be determined to front on Stowe Avenue. Wingert noted that Board of Appeals and Planning Commission recommend that Stowe be considered the front; therefore, no variances are required. Wingert moved, seconded by Crichton, that Council approve the designa- tion of Stowe as the front of the house. Motion carried unanimously. Case No. 77-2, EdQewater South Addition - Preliminary Plat Wingert referred Council to proposed Preliminary Plat of Edgewater South, noting that all lots meet or exceed lot size requirements; Rice Creek Watershed District approves the concept; sewer and water are available; drainage plan has not been prepared to date. in discussion, Crichton expressed concern of more streets crossing the City-owned trail (under the high lines); suggested that Edgewater not cross, but turn and parallel the power lines to the northeast and connect with Jerrold,'or cul-de-sac at the power lines. -4- Minutes of Regular Counci I Meeting Page five February 28. 1977 Barry O'Meara referred Council to his proposed plat of Heights of Johanna Lake. north of. and adjacent to. Edgewater South; also to a sketch of a possible revision which he suggested might be a comparable solution for both plats. by connecting the two plats with a loop street. Wingert noted that the Planning Commission suggested that Council con- sider the acquisition of the pond area east of Cleveland'aa:~~rt ~f the park/trail system. After discussion. Crichton moved, seconded by Hanson, that Council defer its action unti I the matter can be pursued by the developers and an altern,atlve plat proposal submitted. Motion carried unanimously. . Case No. 76-41, Special Use Permit for Planned Unit Development - BanCon, I nc. Mr. Bob Sundquist and Mr. Hans Hagen, BanCon, Inc., were present, Council was referred to Minutes of the Planning Commission Meeting of February 15, 1977, recommending Council's approval of the Preliminary Plat of Chatham, subject to conditIons listed. Hagen Indicated the site plan changes that have been made, to comply with the conditions recommended by the Commission; noted that considera- tion No.7 (relocation of easement cut between Blocks 3 and 4, to be- tween lots 4 and 5, Block 4) was not done because, as shown, It follows the sanitary sewer easement from the school - also confronted with a grade problem between lots 4 and 5, Block 4. Hagen said Outlot D will be dedicated to the school. as recommended. Hagen noted that total number of lots is now 150; all lots In the area of back-to-back lots now contaIn 11.000 sq. ft. as recommended. Hagen noted that a road easement has been provided across fronts of lots 1.2 and 3, Block I, with one access to County Road E2; also will widen lot I and reduce width of lot 3 to provide for gradual grade of lot I, rather than terracing between lot I and property abutting It to the west. Council suggested that access to County Road E2 might be better from lot 3 than as Indicated; suggested that, because hili provides poor visibility to the west on County Road E2, access be as far east from New Brighton Road as possible. Hagen noted that satisfactory open space has been provided from almost every lot to the trail; will attempt to obtain easement~ from Soo LIne and Bethel College, In problem areas, to provide for a minimum 25' wide pathway. . In dIscussion of park dedication. It was noted that the Parks CommIttee recommends a 25'-50' wide pathway dedication, plus the pond area Ir the northeast corner of the property (southwest corner of County Ro~a E2 and Old Highway 10); additional required dedication to be in cash In lieu of land (additional park land Is not needed!. Wingert moved, seconded by Hanson, that CouncIl direct the City Attorney to prepare the Special Use Permit for Chatham, based on the site plan presented on 2/28/77 (Case No. 76-41), with the following conditions: I. ProYlsion of pathway system. 2. Submission of separate landscape plan for approvai, determin- ing the placement of one it caliper Maple tree per lot. 3, Exclusion of slgnage treatment at entrances as submitted; 4. Dedication of trail and outlots to the City. 5. Trallway between Outlots C and F to be at least 10' wide at all points. 7 6. Portions of lots 7,8,9 and 10, Block. to be attached to Outlot F as part of the trail dedication. Motion carried (Wingert. Crichton, Crepea~ Hanson voting In favor; Woodburn voting in opposition). -:5.. . ' Minutes of Regular Council Meeting Page six February 28, 1977 Hagen requested that the City install the streets and utilities in Chatham; entire costs of the improvements to be assessed against the lots within the development. Hagen advised that the First National Bank of St. PlIul will issue a letter of credit to assure City that assessments will be paid. After discussion, Wingert moved, seconded by Hanson, that Council authorize the feasibility study for utilities and roads for Chatham, subject to receipt of an indemnifying document from BanCon, to under- write the engineering expenses incurred, Should a Special Use Permit not be executed. Motion carried unanimously. (See Resolution No. 11-12.) . REPORT OF LI EUTENANT MCCALL Squad Car Bids McCall referred Council to his memo of February 28, 1977 re tabulation of squad car bids received. After discussion, Crichton moved, seconded by Hanson, that Council authorize the purchase of a Dodge Royal Monaco, from White Bear Dodge, in the amount of $4,150.00. Motion carried unanimously. Squad Car Repairs Wingert moved, seconded by Woodburn, that.Council authorize the repair of squad car #690 at lowest cost possible. Motion carried unanimously. Part-time Pollee Officers McCall referred Counci I to his memo of 2/28/77. reporting that Ramsey County Is not able to furnish extra-hour manpower for patrolling; only emergency ca II s. After discussion re qualifications of applicants, and McCall's expres- sion of confidence, Crichton moved that Council authorize the hiring of Steven Goerltz as a temporary part-time pollee officer @ $5.60/hr., subject to results of psychological test; authorize the purchase of a complete uniform for the department. Motion carried unanimously. (Not necessary that psychological test be completed prior to Goer1tZ starting work, provided he Is accompanied by another officer.) REPORT OF TREASURER DONALD LAMB Lamb reported that correspondence from John P. Brady (2/22/77) advises of lost coupons on Village of Arden Hills Improvement Bonds, Series I, in the amount of $570.00. Resolution No. 77~13 Woodburn moved, seconded by Crichton, that Council adopt Resolution No. 77-13 re lost coupon numbers 118,119,120 and 121, Arden Hills Impr01lement Bonds, SerIes I. Mo1"ion carried unanimously. REPORT OF VILLAGE CLERK ADMlNISTRATOR CHARLOTTE MCNIESH . Schedule of March Council MeetlnQs Crichton moved, seconded by Hanson, that Council Meetings be scheduled on Monday, March 14th and March 28th at 7:30 p.m. at the Vii lage Hal I. Motion carried un8nlmousiy. Adjournment Wingert moved, seconded bv Woodburn, that the meeting adjourn at 1:15 a.m. Motion carried unanimously. O#'A~..2b ~~,'~Z ~tte McNiesh Clerk Administrator () / Jr. Notice of MeetlnQ The next Regular Council Meeting wi II be held on 'Monday, March 14, 1977 at 7:30 p.m. at the Village Hall. -6-