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HomeMy WebLinkAboutCC 09-13-1976 , , MiNUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, September 13, 1976 - 7:30 p.m. VI I .age Hall Ca!1 to Order Pursuant to due call end notice thereof, Mayor Crepeau calleQ the meeting to order at 7:33 p.m. . Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen James Wingert, Charles Crichton, Robert Woodburn. Absent - None. Also Present - Engineer Donald Christoffersen, Attorney James Lyndon, Treasurer Donald lamb, Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm. Approval of Minutes Wingert moved, seconded by Woodburn, that Counciji approve the Minutes of the Special Council Meeting of August 23, 1976, as amended. Motion carried unanimously. Crichton moved, seconded by Wingert, that Council approve the Minutes of the Special Council Meeting of August 26, 1916 as amended. Motion carried unanimously. Business from the Floor None. Case No. 76-30 lot Spilt - Irving Rein Wingert described the proposed spilt of a 75' wide x 180' deep lot from the larger unplatted parcel owned by C. G. Rein, noting that the lots along Stowe Avenue (Cleveland to New Brighton Road) are almost ell 75' wide, as are those on the New Brighton side of Stowe Avenue. After discussion and review of Planner's Report and the Planning Commission's recommendations (Minutes of Meeting of 9/7/761, Wingert moved, seconded by Crichton, that the Council approve the lot split as requested, on the basis thet the resultant lot wi II be consistent In size with existing lots on the street and In this area. Motion carried unanimously. REPORT OF VillAGE ENGINEER DONALD CHRISTOFFERSEN ResQlutlon No. 76-45, Ordering Little Crow Addition Improvement After discussion re bltumJnous vs. concrete curb and gutter, Crichton moved, seconded by Woodburn, that Coune i I adopt Reso I ut i on No. 76-45, RESOLUTION ORDERING liTTLE CROW ADDITION IMPROVEMENT PURSUANT TO PETU- TiON BY 100%OF OWNERS OF AFFECTED PROPERTY, pending concurrence of property owners, in writing, that concrete curb and gutter be specified. Motion carried unanimOUSly. Pemtom North, First Addition - Request that Streets be Accepted by City Christoffersen referred Counci I to his letter of 9/13/76, advising of some minor corrective work to curbing. ~ Council concurred with Engineer's recommendation that City not accept thw street until corrective work Is completed. Resolution No. 16-46, Awarding B~d for County Road F Improvement Christoffersen reported that the St6te has approved the specifications end plans for County Road F Improvement, and that he has sent a letter to Shoreview re proposed spilt of storm sewer costs; has not received Shorevlew's decision to date. Council was referred to letter from Lynden (9-13-76) re status of easements, and to Engineer's letter (9-13-76) ra bids received. After discussion, Woodburn moved, seconded by Wingert, that Council adopt Resolution No. 76-46, RESOLUTION AWARDING BiD FOR A PORTiON OF iMPROVEMENT NO. P-SS-W-ST-75-1 (COUNTY ROAD F), awarding bid to C. W. Houle Company, fnc. in the amount of $155,173.30. Motion carried unanimously. -1- . . 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- Minutes of Regular Council Meeting Page th rea September 13, 1976 . Therefore, Crichton said, as he reads the current ordinances, North- western College Is a non-conforming (pre-existing) use in this R-I district, whIch may not be allowed to expand. He said h~ understands that this Counc! I some years ago did approve a building permit to remodel the radio station offices at Northwestern Col lege and has approved a number of enlargements at Bethel College which is also a non-conforming use in an R-i district Cas he understands the ordinance'. He said these are obviously mistakes made by fallable Councilmen, 1ncluding himself. Crichton said he believes that the new zoning ordinance stemming from the 1976 Comprehensive Plan wi II correct the situation to permit priVate colleges in residentl la districts, and thus enable both Northwestern and Bethel to SUbmit a master plan and presumably receive Special Use Permits for planned growth. Crl chton sa I d that he must cons i der th i s app II cat I on on the ord f nances In effect at the time it was submitted and therefore moves that this Counci I deny the Special Use Permit requested by Northwestern College on the basis that private colleges are not a permitted use in residential districts. Crichton said he extends to the College his apologies that our previous mistakes may have led them into believing that we would continue to make the same mistakes. In discussion, Wingert noted that if Council denies the Special Use Permit, ordinance requires that no application shall be re-submltted for six months; suggested that Northwestern College may desire to withd~aw Its application so re-submlttal would not be necessary. Woodburn said he does not consider the College to be a non-conforming use; definition approved by Council specifically Includes colleges and universities; City Attorney has stated the application Is appro- priate as submitted; cannot Interpret the ordinance otherwise. Attorney Thomas Erickson, representing Northwestern College, noted that the 1976 Comprehensive Plan, adopted in February of this year, as well as the 1966 Plan, refers to two major colleges; the map for the 1966 Comprehensive Plan lists colleges under schools:, Erickson further noted that "schools, general educationR, as defined in the pro- posed new zoning ordinance, includes colleges and are shown as Permitted with a Speclel Use Permit In all residential zonas; zoning ordinance must Implement the plan; therefore, col lege Is properly applying for SpecIal Use Permit for. Fine A~ts building on the campus - a permitted use In R-I. Woodburn noted that thera Is a provision In the current Plan that, In It Is opi n I on, wou I d a II ow mod I fl cat Ions thereof to be made by ord I nance changes; although the two should be in concordance; the Plan Is the basic tool to avoid hap-hazard declslo~s; the Zoning Ordinance up-dates the Co.prehenslve Plan. . Attorney lippert said he does not agree. He stated that schools and colleges are not the same; does not feel colleges should be permitted in residential zones, only In L-B. He said the ordinance was revIsed In 1973 to be more restrictive to only permit uses as listed. Lippert said a college is not a school in -~his ordinance. Residents speaking In opposition to the Special Use Permit were Rlcha~d Hoffmann and Ward Hanson. Attorney Lynden referred Council to Ordinance No. 99, Section II! F. 7. x., noting that armories, convention hal Is and slmi lar uses are permIt- ted In all districts with a Special Use Permit. T. Erickson stated that this provides an alternate means on which to grant the permit at this time; conforms with the Plan and is allowed as a permitted use in the present zoning ordinance; Fine Arts build- Ing Is weil within Interpretation of the ordinance; decision should be made on these facts. Senator R. Ashbach stated hA feels that the arguments appear to be sound and present. a "tough decision" for the Council; suggested that -3- Minutes of Regular Council Meeting Page four September 13. 1976 if the proposal Is not determined to be in the best interest of the neighborhood It need not be approved as requested; perhaps a modi- fied version possibly more in-keeping with the size of the college would be more ecceptable. Mr. Erickson asked when the new ordinance will be approved. Wingert said he could not accurately predict, but It is contemplated for adoption In 1976. Councl I concurred with Wingert that Councl I Intends to adopt the new ordinance as soon as possible. T. Erickson saId the present Plan (1976) as adopted by Council shows college property (North~estern and Bethel) and acknowledges college use of these areas; zoning ordinance must follow the Comprehensive Plan; there fore. can see no point In withdrawing the application. . Motion was seconded by Wingert, and carried (Crichton, Wingert, Crepeau voting In favor of the motion; Woodburn voting In opposition). REPORT OF VILLAGE TREASURER DONALD LAMB Investments Invested $111.511.00 on 9-1-76 8 6.16% for one year. Invested $115,000 for 5 months 8 5.45~ Invested $100.000 for 6'months 8 5.65~ Invested 150.000 for I year 8 6.05%. Crichton moved. seconded by Wingert. that the Council ratify the In- vestments as reported by Treasurer lamb. Motion carried unanimously. OTHER BUSINESS Purchase of Rotary Cutter, Mower and Weed Cutter Council was referred to memo from Buckley (9-3-76) re Purchase of Equipment. After discussion. Crichton moved. seconded by Wingert, that Council authorize the purchase of the equipment as outlined in memo of 9/3/76. Motion carried unanimously. Human Rights Commission Request to Attend Two-day Conference In October Council was referred to Minutes of Regular Meeting of Human Rights Com- mission (9-9-76) re Spring Hili Conference. Wingert moved. seconded by Crichton. that Council authorize the atten- dance of two Human Rights Commission members at the two-day conference . $35.00/person. Motion carried unanimously. REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MCNIESH . Arden Hills Club - Request for Release of Landscape Bond McNlesh reported that Landscape Inspector Bert Schutta. In his report of 7/27/76, advises that poplar and II lacs have been planted according to plan at the Arden Hills Club. Wingert moved, seconded by Crichton. that the Council authorize release of the landscape bond for the Arden Hills Club. Motion carried unani- mously. Old Highway 10 - Approval of 40 MPH Speed Limit McNiesh reported that the Highway Department will act on the City's request for change of speed limit on Old Highway 10. approving the 40 mph speed lImit from about 2000 ft. north of the 1-694 bridge to High- way 96; south of this point they are recommending 45 mph limIt. Claims and Payrol I McNlesh requested approval of an addItional claIm In the amount of $9.197.00 to WhItesell Tree Service. reporting,that the tree removal Is close to completion; claim will appear on:n~xt month's list of Claims. Crichton moved, seconded by Wingert. that Councl I authorize payment of the Claims and payrolls as listed, IncludIng the Whitesell Tree Ser- vice claim. Motion carried unanimously. -4- ~i~utes of Regular Council Meeting Page five September 13, 1976 invitation to Join Association of Matropolitan Municipalities Wingert referred Counci I to letter of 8-23-76 inviting Arden Hi lis to join the Association of Metropolitan Municipalities; membership fee of $670!yaar. After dIscussion, Council requested McNiesh to decline membership at this time. . Metropoi itan Land Planning Act Mayor Crepeau appointed Councilman Wingert as Arden HI lis' liaison to the Metropolitan Council Land Use Advisory Committee which will Imple- ment the Metropolitan land Planning Act. Woodburn moved, seconded by Crichton, that Council ratify the appoint- ment. Motion carried unanimously. Request to Borrow Bleachers - Northwestern Coileg~ Crichton reported that the Mounds View School District's previous request to borrow bleachers for three months from the Arden Hills parks was denied because of the length of time Involved. City now has II request from Northwestern College to borrow bleachers on five specific dates; bleachers will be returned the next day after each event. After discussion, Wingert moved, seconded by Crichton, that Council authorize the loan of bleachers to Northwestern College for the five events requested on September 18th and 25th, October 16th and 30th and November 6th, 1976. MotiDn carried unanimously. Adjournment Wingert moved, seconded by Woodburn, That the meeting adjourn at 10:46 p.m. Motion carried unanimously. ~@1U Charlotte McNlesh Clerk AdmInistrator NOTICE OF MEETINGS The next Special Council Meeting will be held at 7:30 p.m. on Thursday, September 23, 1976 at the Village Hall. The next Rsgular Council Meeting will be held at 7:30 p.m. on Monday, September 27, 1976 at the Village Hall. . -5-