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HomeMy WebLinkAboutCC 08-09-1976 MINUTES OF REGULAR COUNCIL MEETJNG Village of Arden Hills Monday, August 9, 1976 - 7:30 p.m. V i II age Ha I I Ca II to Order Pursuant to due cal I and notice thereof Mayor Crepeau called the meeting to order at 7:35 p.m. . Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen James Wingert, William Feyerelsen, Robert Woodburn, Charles Crichton. Absent - None,. Also Present - Treasurer Donald Lamb, Police Chief Pat Sexton, Attorney James Lynden, Planner Richard Fredlund, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. Approval of Minutes Feyerelsen moved, seconded by Woodburn, that the Minutes of the Regular Council Meeting of July 19, 1976, be approved as amended. Motion carried unanimously. Crichton moved, seconded by Feyereisen, that the Minutes of the Special Council Meeting of July 26, 1976, be approved as submitted. Motion carried unanimously. BUSINESS FROM THE FLOOR None. REPORT OF POLICE CHIEF PAT SEXTON . Patrolling and Signage - Tony Schmidt Park Counc I I was referred to memo f rom Sexton report I ng th at signs have been ordered and will soon be Installed in Tony Schmidt Park; park is patrolled to enforce the regulations. PUblic Safety Committee Meeting A. Flte Cabinet for Juvenile Records Crichton moved, seconded by Wingert, that Council authorize the purchase of the file cabinet for juvenile records at a cost of approximately $135.00. Motion carried unanimously. B. Police Records School Councl I authorized the attendance of Ida Adair at 5-day Police Records School In March, 1977. C. Police .9'!p~.rtmen! Appointment Sexton referred Council to his memo of 7/29/76, and after discus- sion Feyerelsen moved, seconded by Woodburn, that Council appoint Douglas McCall as Police Lieutenant through December 31, 1976 (All City appointments are made for calendar year). Motion carried (Feyerelsen, Woodburn, Wingert, Crepeau voting In favor of the motion: Crichton voting In opposition, noting that his vote Is not in opposition of the individual; has not had sufficient time to study the matter). Duties of Reserve Officers Council reviewed the memo from Sexton (8/5/76) re the differences between reserve officer duties and those of the sworn officer. In discussion, some concern was expressed re difference In training and experience of the reserve and sworn officers; both apparently doing some of the same police duties. Sexton noted that reserve officers do receive training and are tested and screened prior to appointment. Sexton was requested to keep written records re reserve applicants and appointed reserve officers. Appointment of Reserve Officers Mayor Crepeau appointed Pacl Hustings and Herbert Tatley as Reserve Officers for Arden Hi lis, after which Woodburn moved, seconded by Feyerelsen, that Council ratify the appointments. Motion carried (Crepeau, Woodburn, Feyereisen, Crichton voting In favor of the motion; Wingert voting in opposition). -1- Minutes of Regular Council Meeting Page two August 9, 1976 Letter re Noisy Dog Council discussed Arden Hills' Dog Ordinance regulations and referred the matter to the Public Safety Committee for Its recommendations to the Counci I. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN . Utility Lines Maintenance Lynden referred Councl I to his letter of 8/6/76 re utility Lines Maintenance, advising that Council's concerns, expressed at meeting of 6/21/76. re City's policy and responsibi iity to residents and liability for damages are regulated by Ordinances 49 (Section 10) and No. 103 (Section 1.8); suggested that adoption of further policies is superfluous. County Road F Improvement Lynden reported that he met with George Rei lIng and has reached accord re the water main easement on the Rei ling property; discussed drain- age, but has not reached an agreement on that easement; probably will propose a "hold harmless" agreement and obtain a waiver of trespass and construction easement to enable drainage construction on the property. REPORT OF PLANNER RICHARD FREDLUND Case No. 76-3. Northwestern Col lege - Special Use Permit for Fine Arts Building Fredlund explained that Northwestern College needs a Special Use Permit for the construction and operation of the proposed Fine Arts building for three reasons: I. Addition to a col lege campus. 2. More than one building per site. 3. Height of building - over 35' maximum. Crichton asked If Special Use Permit requested is for this one build- Ing or for the entire campus? Fredlund said the Special Use Permit Is for the Fine Arts Center; there Is not an existing Special Use Permit for the campus; campus with Its existing buildings are there because they antldate the Zoning Ordinance. Crichton asked if this Is not the time, then, to obtain a Special Use Permit for the entire campus, including this building. If approved by Council? Fredlund explained that this is part of the premise of the recommendations of the Planning Commission. Fredlund reviewed former presentations made by Northwestern College to the Planning Commission; the response that Northwestern Col lege was asked to make re traffic and parking at the March 2nd meeting, when the Planning Commission generally reviewed the plans and sch~duled the Public Hearing; reviewed concerns and recommended changes of the Planning Commission which resulted In amendments to plans by North- western College. . Fredlund displayed the final site and landscape plans pres$nted to the Planning Commission and reported that the Planning Commission recommends Counci I approval of issuance of the ~pecial Use P9rmlt for the construcTion ~nd oper~tlon 01 the Fin~ Arts facility at North- western Col iege s~bJect to the 14 conditions listed In Minutes of the Planning Commission Meeting of 8/'>/76. Fredlund reported that Roseville and Rice Creek Watershed District were requested to make their recommendations re the proposal; a traffic study was done by a cons~ltlng traffic engineer with regard to parking that would be created, traffic that would be generated by the site. whether this site would adequately handle that type of traffic, what modifications might have to be made to handle that type of traffic and to what effect the site would be able to handle any types of emergency vehicles (police or fire) that might be called to the site. In addi- tion. the COI lege was asked to describe how they Intend to handle traffic, how they have handled It In the past and how they police the site. -2- Minutes of Regular Council Meeting Page trhee Fredlund referred Council to the letter report from Robert Roscoe (6/14/76) which he said, In general states that, with certain design modifications, it would appear that traffic will not create a problem of magnitude detrimental to the area or the area road systems. Fred- lund said that the policing Is now being done by the Col lege through the hiring of off-duty policemen; the traffic report recommended that the entranc~ point on Lydia be modified so emergency vehicles could have an easier turn into the site and that police controls be used at the time traffic Is exiting from the site. August 9, 1976 . Letter from Roseville essentially substantiated the traffic needs for the site and recommended further modifications In the road design - that It be widened slightly so there would be no problem for emergency vehicle access to the Arden Hills portion of the campus and that no other access points be created to provide access or egress to the College site either In Roseville or in Arden Hills. Fredlund reported additional concerns re parking on the site Itself, and the impact of this parking on the neighborhood to the east, after which the site and landscape plans were modified severa~ times; the final recommendation with regard to the site was made on July 6th by the Planning Commission, and the Planning Commission, on August 3, 1976 recommended approval of the Special Use Permit subject to 14 conditions (Minutes of August 3, 1976 Planning Commission Meeting) and plan dated 7/23/76. Attorney Lynden referred Councl I to his opinion letter of 7/29/76 re Special Use Permit (page 2) in which he states that It Is his opinion that the College Is properly applying for a Special Use Permit for the construction and operation of a fine arts building on Its campus for the reasons cited in the letter. He stated that even if Northwestern College Is a non-conforming use, as argued by the attorney for the neighbors (Arden Hills #3), the non-conforming use provision of the Zoning Ordinance (Section II C. thereof) in his opinion does not prohibit the expansion, Intensification or enlargement of a non- conforming use. Lynden stated that In answer to Councilman Crichton's previous ques- tion, he would like to see the application be one for not only the Fine Arts center, but also for the College Itself. Lynden stated that one concern he has is the fact that this Is a Special Use as permitted pursuant to a Special Use Permit. It doesn't have a Special Use Permit; technically it is non-conforming; however the non-conforming use provision does not prohibit enlargement of a non-conforming use, which he has pointed out before In opinions to the Counc II . . Attorney Thomas Erickson, attorney representing Northwestern College, stated that a Col lege has been here since 1866, or at least since 1923 when they bul It Nazareth Hall. He said the first zoning ordinance for Arden Hills was adopted in 1953 and Northwestern's predecessor was there at that time; it was an approved operation at that time; North- western has not bui It any new buildings since that time, so a Special Use Permit has not been required. Northwestern has now applied for a Special Use Permit for the construction of a new bui fding, the Fine Arts facility, on the Arden Hi lis portion of the campus. A site plan for the entire Arden HI lis campus has been submitted, showing future tennis courts, future possibl lfty for a gymnasium (as shown) and, as a part of an overall permit we're showing all of the parking that Northwestern would be improvlng and adding to for the Fine Arts center. Northwestern has applied only for the Special Use Permit for the Fine Arts building, because that is what Northwestern intends to build at this time (Ord. limits permit to 6 months); tennis courts and gymna- sium are an~icipated for construction at some future date; therefore, were not included in this application. Erickson said that the plans submitted tonight include the changes recommended by the Planning Commission - moving the tennis courts closer to the building (30' from the property line) .nd Including an addi- tional berm (equal to height of hill to the north). These changes per- mitted the addition of another row of trees at the corner for additional screen for the residential to the oast. -3- Minutes of Regular Council Meeting Page four August 9, 1976 Crichton explained that he did not intend that the Special Use Permit include future proposed construction; feels City should acknowledge the College's existence as it Is and issue a Special Use Permit for the Col lege plus any changes that the Council agrees with. Attorney Lynden agreed that this should be done. Leander LIppert, 1517 Glenhi II Road, attorney representing Arden Hi lis No.3, said that from the report of Mr. Lynden and the response of Mr. Erickson. we have seen that there is a question as to what Is conforming and what is not conforming In the area where Northwestern Col lege is located. Lippert said Northwestern College has not been In Arden Hills since 1953, as stated by Mr. Erickson; Northwestern Col lege was not In this spot unti I 1970. . Lippert said his neighbors are concerned about the non-conforming Issue and prepared a petition which he presented to Mayor Crepeau (copies of which were given to the Councilmen and to attorneys Erickson and Lynden); petition contained signatures of 50 households, Lippert said, In the adjacent neighborhood. Lippert asked that the Counci I do one of two things: I. Deny the Special Use Permit for two (2) reasons: a) Northwestern College has not complied with the pro- cedures under the ordinance Itself for the application of a Special Use Permit. (Lippert contended that If they have not complied with the procedures, It Is not a complete application; there- fore, Council has nothing upon which it can act.) Lippert said specific omissions are pointed out In a letter he Is submitting tonight, one of which Is an "ownership report". Lippert stated that Northwestern College Is not the fee-owner of the property - St. Paul Archdiocese currently owns the property. Lippert noted that the City ordinance requires that a written consent of the owner of the property must be obtained be- fore anything can be bui It. He said there are four omis- sions cited In the letter. b) Even If the application Is complete, there is the ques- tion as to whether a non-conforming use can be expanded. and It Is his opinion It cannot. There is a question of I aw he re . 2. Defer the matter until adoption of the new Zoning Ordinance. Then there will be no question at all whether the College is there on a conforming basis; this Council will have Just passed it and will know what it says. . Lippert reviewed th~ contents of the "packet" he submitted to Council, and explained that there Is a question re conformity which can be de- cided tonight by denying the Special Use Permit. or defer until new Zoning Ordinance is passed - then there would be 5 members of Council aware of the ordinance conditions, rather than one member (Crepeau) who was on th.e Council when current ord I nance was adopted. Lynden stated that a legislative body is never the same; State Legis- lature changes each year. Lippert contended this is not the question, it is Interpretation of the ordinance which can be avoided in a court fight. Lynden said he had a question as to the procedural point Lippert raised (didn't tell us what the others were in his latter) relating to the ownership report; Llpp~!_~~tjoned that the archdiocese Is the fee owner of the property a~~~ Lippert If he has seen the Owner- ship Report we received. Lippert said he had not. -4- ....... '~inutes of Regular Counci I i~eeting "age five August 9, 1976 Lynden asked how he could tell us what the Ownership Report is like if he has not seen it, and offered to show It to him. Lippert said it was not shown to him when he attended the public Hearing. He hasn't seen these things. Lynden asked if Lippert denies that property owners within 350' of the sUbJect property were notified? Lippert answered, "No, they were notified." . Lynden asked Lippert If he told Lippert that the Ownership Report shows the apparent record holder of the property is Northwostern College, would Lippert say there has been a procedural error? Lippert said that If that evidence is here It should be presented to the Planning Commission. Lynden said this is part of the public record (City and Planning Commission). If Lippert had taken.time to look at the repor~. he would have determined that the ownership report shows Northwestern College as the apparent record owner. Lippert said he Is trying to protect the residents of Arden Hills No.3 from adverse effects on their residential neighborhood by the enlargo- ment of a non-conforming use. Mayor Crepeau advised that the Councl I is here to protect the rights of the neighborhood, as wel I as those of Northwestern Col lege. Mr. Erickson stated that Northwestern College Is the fee-owner; bought the property in 1970 from the Nazareth Hall College and Seminary. Northwestern has subm I tted its app II cat I on and support I '~e documents; applied as the fee owner. The Ordinance reads that the Planning Commission shall review the application and documentation in support thereof, all of which has been done, and the Public Hearing held. The question of whether we are conforming or non-conformln~ was raised. I have not seen Mr. Lynden's opinion, but I understand It said essentially that Northwestern College Is properly acting in applying for a Special Use Permit. This permit Is for a college building. We (Northwestern) are In an R-I area which allows colleges as a special permitted use. We are applying for that Special Use Permit for the college building use. Erickson said that deferment of the matter could, as It often does. mean "death" for their permit; College has to bid on the open market like everyone else and cos~are rising. He said that the proposed new ordinance, as he understands It, has been approved by the Planning Commission and reviewed and amended by the Council. and colleges are stl II recognized as a permitted use in the R-J zone, the same as now. Erickson said that the proposed Zoning Ordinance permits schools. general education, in residential zones and defines general education to include nursery, primary, elementary, secondary schools, vocational, colleges. Junior colleges. universities having an accredited program, as defined by the State of Minnesota. Erickson referred Council to a report from Planner Fredlund which states that the Zoning Ordinance shal I reflect the Comprehensive Plan; the 1976 Comprehensive Plan recognizes the college In Its present location. . Crepeau suggested that Counci I will probably need some time to review the data submitted at tonight's meeting, as well as the recommendations of the Planning Commission which they received over the weekend. Lynden said he would also want some time to see the arguments from both counsels as to the question of deferment of the application pending the passage of the new zoning code; believes there Is some Gase law on that. Lynden suggested deferring the matter to some specific date (not pending adoption of the new Zoning Ordinance), and during the Interim requested that each of the attorneys send him a memo re the validity or Invalidity of the deferment of the application for a Special Use Permit. Lynden said he has some concern as to whether or not that is not denial of due process to the applicant; not in a position to tell you this tonight. Legal points aside, Crichton asked that the merits be reviewed for Council's benefit, Wingert summarized the Issue (as taken from Plan- ner Fredlund's report): I. Traffic, existing and anticipated. (Fine Arts center does -5- Minutes of Regular Council Meeting Page six August 9. 1976 . represent a traffic generator - There has been the fear of the residents that traffic will eventually come in from the east In order to loop the streets and provide for a rear ac- cess). There was some concern re traffic on Lydia also, from a Rosevllle resident. Wingert said a statement was received that the State Fire Marshal could not require an access to the east, but no reference was made re a local Fire Marshal - should find out about this posslbi Ilty. Wingert felt the proposed modifications to the existing ac~ess and egress and widening of the road would take care of emergency vehicle movements. Lynden said If plan Is considered hazardous to occupants of a particular building or fire equipment cannot maneuver prop- erly, he would assume that some modification could be effec- tuated by a local fire marshal at some time. 2. General activity associated with use of the site, especially Its evening use as an auditorium, such as traffic movements, glare, vibrations, air pollution, etc. 3. Parking provisions - expansion of current parking lot, espe- cially adjacent to the neighborhood (Arden Hills No.3). Plan tonight reduces lot to 77 cars (lot of chief contention) approximately as It was prior to 1970; reduces lighting also and adds buffering. This Is one of the strongest obJec- tions from the neighborhood. 4. increased use of the campus and Its Impact on the neighborhood land values - with additional young people, In addition to the Fine Arts center, there will be a generally higher activIty level (anticipate about 1000 students; now have about 700). 5. Is the college fitting In a residential area: There has been a school, or college, here for a good many years, but a quIet one, which has been an asset to the neighborhood. Campus Is becoming more active and Is starting to talk about expansion. Instead of the small campus; residants are now becoming con- cerned re noise etc. which may develop. Gene Vorpahl, Ward Hanson and Gary Thorne spoke re concerns for pro- posed size and magnitude of the proposal and the changed character of the campus and Its effect on the neighborhood. . Dr. Berntsen said that previous to the presentation before the Planning Commission, the College reviewed the proposal for the resi- dents of Arden Hills #3, and there was agreement on this plan; we felt this was a good plan. When the College came before the Plan- ling Commission with this plan, the Planning Commission questioned the number of parking spaces and requested they be Increased con- siderably. which was done, and sevoral modifications have been made subsequently. Berntsen said there has been a question about the size of the Fine Arts building. At no time ever, was a 600 seating capacity proposed. Previous to the purchase of the campus. a facilities report was prepared which Indicated the campus would suffice for a student body of 800-1000 students after the fifth year, with the provision that the gymnasium be extended and that a fine arts/~hapel be built exceeding 1400 people; report Is a matter of record and has always been this number. Next year the col lege expects between 700-800 students, plus faculty. radio personnel, maintenance personnel which will Increase this number - all are re- quired to attend dally chapel; . inconceivable that a chapel to seat 600 would be proposed - present chapel seats 325 (have exceeded this);V so, have two chapel experiences each day until new facility Is constructed. Berntsen described the Inadequacies of the present campus facilities, and saId the college desperately needs this center on a dai Iy basis for Its fine arts classes, chapel and lecture rooms. -6- Minutes of Regul~r Council Meeting Page seven August 9, 1976 Crichton asked for some guidelines as to how Councl I can obJec- tively determine what the appropriate size of the fine art3 facility should be - has no guidelines to make this determination. . After discussion, the matter was deferred to the Council meeting of August 23. 1976. ~!!.!!L"i~..2~i"!!_fl~._9.,ase No...l~-2L- L2.! Spll!....!!!..!! Consolidation, for Kennedy and Garley Fredlund described the two splits from the east (40') and the west <15') sides of Garley's portion of lot21, Josephine Hills; both to be consolidated with the lots adJacent to the Garley lot (Kennedy on the west and Krivlt on the east), resultant Garley lot (portion of lot 21) will exceed the 14,000 square foo minimum requirement in this R-I zone. After review of the surveys submitted, and the recommendations from the Planning Commission (Minutes of August 3. 1976 Meeting), Wingert moved. seconded by Woodburn, that Council approve the 15' and 40' splits as shown on surveys submitted with cases 76-25 and 76-27; both parcels to be consolidated with the adJacent lots to the east and west of the Garley lot. Motion carried unanimously. Case No. 76-26, Variance - Mertis St. Aoro Fredlund described the terrain of the st. Aoro lot which drops extensIvely, Immediately west of the existing garage; existing garage Is located on, or very near, the side property line. Fredlund reported that the Board of Appeais recommends that a 20' x 20' garage be constructed 3' from the side property line (instead of 24' x 20' garage orIginally requested); the Planning Commission concurred with the Board of Appeals recommendation, After discussion and revIew of the contour and section maps of the property, Wingert moved, seconded by Feyerelsen, that Council approve the 7' sldeyard variance for constructIon of a garage at 3783 New Brighton Road. based on the steep terrain and narrowness of the lot. Motion carrIed unanimously. REPORT OF TREASURER OONALD LAMB Investments On August 9. 1976, Invested $140,000 at 6.30% for one year. Feyerelsen moved, seconded by Crichton. that Councl I ratify the action of the City Treasurer as reported. Motion carried unani- mously. OTHER BUSINESS Re uest for Reduction in S eclal Assessments - Alex Chvestuik Mr. Chves ulk explained that N.S.P. easement for hlghline has ren- dered two of his lots useless as bui'dlng sites and requested abate- ment of assessments on these lots. . Council reviewed the sketch of the lots (numbers 42 and 43 Rohleders Home and Garden Acres) depleting the N.S.P. easement. After dis- cussion. Council suggested that Mr. Chvestuik apply for a lot consolidation, combining lots 42 and 43 Into one building lot, with access onto Thom Drive. Council reviewed the assessments on the two lots, advising Mr. Chvestulk that only one sewer service and one water service were assessed on this property (lots 42 and 43); therefore the assessment is appropriate as originally certified. Lexington Avenue Improvement. County Road E to Grey Fox Road - SAP 62-651-05 Council was referred to letter from Engineer Christoffersen (8/6/76) and to plans submitted by Ramsey County. -7- Minutes of Regular Councl I Meeting Page eight After discussion re possible costs attributable to the City. Council deferred action on the plans pending receipt of letter from the County advising Arden Hills of proposed costs to be allocated to the City as the result of this Improvement. August 9, 1976 . Resolution No. 76-37 Mayor Crepeau read Resolution No. 76-37 in Its entirety. and moved that Council adopt Resolution No. 76-37, RESOLUTION ACKNOW- LEDGING RECEIPT AND ACCEPTANCE OF RESIGNATiON OF COUNCILMAN WILLIAM FEYEREISEN AND DECLARING THAT A VACANCY EXISTS, AS COUNCILMAN, as amended. Motion was seconded by Wingert and carried unanimously. (McNlesh was requested to notify newspapers that a vacancy exists on the Arden Hills Council for the office of Councilman as of August 16, 1976, for the unexpired term. which is until December 31, 1976. ) REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH A roval of Election Jud es for Prlmar Election Se tember 14 1976 McNlesh referred Councl I to lists of lection Judges, and alternates, for Precincts I, 2 and 3. Woodburn moved, seconded by Wingert, that Counci I approve the Election Judges for the September 14, 1976 Primary Election as listed. Motion carried unanimously. Resolution No. 76-38 McNlesh referred Council to Resolution No. 76-38, designating the City poiling places for the State Primary Election on September 14, 1976. Woodburn moved, seconded by Wingert. that Counci I adopt Resolution No. 76-38, as submitted. Motion carried unanimously. 1977 Budget Guidelines After dl~on of~ u s CouncIl . tli"n~ an ; 6% for Income from jnve rom McNlesh c~t. ments. for Budget guidelines. .. . . - .. - , - It was suggested that 1977 proposed budget include provision for payment of Arden HI lis portion of proposed fire equipment purchases, -and cost of site development study of City Hall and Public Works Building site re future expansion. Claims and Payrolls McNlesh reported two account number corrections to the Claims, and requested Council approval of payment of $8,280 to Allied Paint- Ing, not listed In the July Disbursements, for the water tank proJect. McNiesh noted there Is no retainage; Twin City Testing has approved the paint layer thickness and City Engineer recommends payment of claim. . Crichton moved, seconded by Feyerelsen, that Council approve the Claims, including $8,280 to Allied Painting, and the two Payrolls, as submitted. Motion carried unanimously. . . ------ et. Zoning Ordinance Review Council was referred to page 2-4 ofHThe proposed zoning ordinance and, after discussion, the f.ollowing changes were approved on the District Requirements Chart: a) R-3 requirements through 6 to be the same as R-I. -8- . . Minutes of Regular Council Meeting August 9, 1976 Page nine b) R-4 requ i rements I th rough 6 to be the same as R-2. cl R-4 P.U.D. Maximum Dwelling Unit Density/net acre to be the same as in R-3 (4.5). d) New category be added for apartments in R-4, PRO (Planned Residential Development) or PAC <Planned Apartment Complex) Maximum Dwelling UnIt DensIty/net acre to be 12.0. , (Fredlund was requested to re-work map and chart on page 2-4). AdJournment Woodburn moved, seconded by Crichton that the meeting adJourn at 12:25 a.m. Motion carried unan1mously. ~. (;fJttU Char~cNiesh Clerk AdmInistrator Notice of MeetlnQ The next Council Meeting will be held on Monday, August 23, 1976, at 7:30 p.m. at the Village Halt. -9-