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HomeMy WebLinkAboutCC 04-14-1980 , Minutes of Regular Council Heeting Village of Arden Hills Monday, April 14, 1980 - 7:30 p.m. Village Hall Call To Order PUr.uant to due c.ll and notice thereof M.yor Crepeau c.lled tbe meeting to order .t 7:30 p.m. . Ro 11 Call pr.aent - Mayor Henry J. Crepeau, Jr., Councilmen Ward Han.on, Jame. Wingert, Charlie Crichton, Robert Woodburn. Ab.ent - None. . Al.o Present - AttorneysJame. Lynden and Pierre Regnier, Bngin..r Donald Chri.toffer.en, Tr.asurer Donald La.b, Planner Orlyn Miller, ,Clerk Admini.trator Ch.rlotte McNie.h, Deputy Clerk Dorothy Zebm. Approval of Minute. Ban.on mov.d, .econded by Crichton, that the Minutes of the R.gular Council Me.ting of Merch 31, 1980 be approved a. amended. Motion carried unanimou.ly. Bu.ine.. from the Floor Non. REPORT OF VILLAGE ATTORNEY JAMES LYN>>EN Engineerinll Allreement - Infiltration/InflOW Analyei. Study Council wa. r.ferred to ...nded draft of Agreement for engineering .ervices for Infiltration/Inflow Analy.ie betw..n Short-Blliott- Hendrick.on and tbe City of Arden Hill.; After an additional ....nd..nton p.g.l2, paragraph 2 (.econd lina) .triking"amounta ..timat.d" and ina.rting "ceiling price", Woodburn moved, .econded by Crichton, that Council approve the Agreement .s .mended. Motionc.rried unanimously. Resolution No" 80-12 Woodburn moved, seconded by Wingert, that Council adopt Resolution No. 80-12, RESOLUTION AUTHORIZING CITY'S PART I.cIPAT ION ,IN METRO-' POLlTAN WASTE CONTROL COMMISSION INFILTRATION/INFLOW ANALYSIS PRO- GRAM. Motion carried unanimoualy. Grant Application Chriatoffersen advised that the terminology (Grant Application) may have been incorrect; no additional applications are needed at this point to hi. knowleqe. ' REPORT OF VILLAGE PLANNER ORLYN MILLER . Ca.e No. 80-1, Northwestern College - Building Permit for Fine Arta Building Miller referred Council to the Planning Co.miaaion. recom.andation (Minute. of Planning Co....i.aion Heating of April 2, 1980) that Council approve the Building Permit for the Northwe.tern College Fine Arts Building contingent upon: 1. a later final approval of the landscaping plan after deter- mination of landscape option is made by the residents, sub- sequent to their meeting with the City P1anuer and 1and- .cape architect. 2. Amend.ent of the Agreement to monitor parking, changing ~he period for monitoring from "two years" to "con tinuous". Miller reported that the meeting with the re.idents was held on Saturday morning. Leouard "arker, architect, reported that the landscaping and barm area. have been di.cus.ed and resolved between the re.idents and representative. of Northwestern College; reported that the fine art. 1 Minutea of ll.egu1ar Council Meeting Page Two April 14. 1980 . center will be a "top flight" facility; collage is also concerned for tha environment and the needs of the neighbors; building has been raduced by 7000 aq. ft. and number of seats has been reduced from 1800 to 1377; the height of the existing structure has been maintained; parking has been provided for 1148 cars (existin~add- itlona~ futura. if nacessary. and overflow). Parker explained that the parking lot lighta are proposed to be located in the trees to reduce intenaity of lighta; ballarda are propoaed where tree light:lng ia not poa.ib,la. A sketch of the building ellterior wa. diapla,..ad a. "ell aa the brick which he .aid closely matches that of Nazareth Hall. Daryll Han.on described the landscapins. a. reaolved at Seturday'. meeting, and di.p1ayed the amended landacape plen which waa prepared accordingly. Discu.sion included the following areas of concern: on-campua p.rking monitoring agreement. building height, buildings separation. ligh ting. acce.. for fire department. maater, pl... anticipated an- rOllmant, auditorium capacity, anticipated number of event./yaar, park 'dedication atc. Frank Stanton aaid ha recognizes that a Building Permit will be granted; Na.areth Hall waa beautifully wooded; feele ,it ahould be thaobligat:lon of the College to not allow'perking on City atreeta; noted that the College adverti.es the aite aa a treat conference c,enter; the Collage i. in non-conforming atatua.. Gary Thorn aaid he felt it i. very important to get all the facts so that the aurrounding areas. .s well .a the college,are protected. Dwight Peteraon reviewed a letter from the Arden Bills 3 A.aociati?n expre.aing their concern; noted that the Maater Plan should indicate the beat gueaa for future development. Mra. Baltea and a Northwestern College .tudent epoke in favor of the college; are totally behind the college; student emphasizad that they too want a beautiful cempus. (Student. .a.e inaUdible.) . Hanaon atated that, in accord with the Minnesota Supreme Court daciaion regarding Northweatern College va. Arden Hills; namely to confirm the Diatrict Court'. decision that the Arden Hills' Council waa acting within ita legialative powera to declare North- weat.rn College to be a non-conforming uae aa indicated by the pro- visiona of Zoning Ordinauce No. 99. but. due to unequal treatment with reapect to Bethel College, the City of Arden Hills is direc~ed to iaaue a bUl1din~ permit in the uaual mauner to Northweatern College 'fo'i:a Fine Arts Center building and, subsequent to the public hearing auaaid application,for a building permit and after due consideration of the Planning Commisaion's recommendations ... ~..... ~~follOW1ng fi'ndings of fact: 1. NorthwesteTn College is a non-profit four-year liberal arta college with anticipated enroll..nt of 1200 full-time equivalent atudents and haa applied, for a building permit for a 1.377 fixed seat Fine Arts Ceuter building onthe Arden Rills portion of their property located in a fully developed residential district on a unique site abutting the shoreline of Lake Johanna to the north and aingle-fa.ily reaidential neighborhoods to the east and west. which use is now scknowledged by both interested parties to be non- conforming in accordance with Zoning Ordinance No. 99 and the College has never applied for rezoning. 2. A .astar plan for the entire ca.pus is on file with the City which 1nd1catea no additional buildings are contem- plated and there are no plans to expand any of said buildings 2 Minutes of Regular Council Meeting Page Three through 1990 other than the future completion of the basement of the Fine Arts Center for college student educational purposes. April 14. 1980 3. Northwastarn coll.S. has statad that periodically the Fina Arts Center will ba usad for scheduled collase- ralatad activities commonly known as "special events". . 4. Northwestarn College has atated that both Council and the Fire Chiaf asr.a that suitable access and egress to tha .ntira sita is available through tha Rosavilla portion of th. property via Lydia Avenue, a county road. 5. NorthwesternCollese has agreed special event attendance is expected to be limited to the 1377 capacity of,the fixed .eat portion of the Fine Art. Center, and confined therein, unless adequate provision i. provided ,on site without craating a nui.anca, with the knowledge thet if the City finds there is a likalihood that parking will over- flow onto City streete that i. prohibitad. 6. Sufficient paved parking .pace. arab.1ns ~rovld.d on the campu.to accommodate .imultaneou. parking for epeclal events 'lillle11"Cl-oll.'sa c!,..... are ln ....ion without nace..itating parkins 011 re.idential .tr.acs in,Ardan Hills. 7. Northwestern Collage bas agreed that tran.portation of building materials and equipment to the construction .ite need not involve Arden Rills residential .treet. even~on a temporary basis, but rather proceed via Lydia Avenue in Roeeville. 8. The 54' height of part of the Fine Art. Center building is acknowledged by both parties concerned to be in excess of the 35' meximum permitted in re.idential districts by Zoning Ordinance No. 99, and therefore subject to the pro- vi.ion. of paragraph 5 of Section III-D .pecifying District Provision. for beights, and tbat relief from such a height restriction can be granted only by means of a SpeCial Use Permit, and this application for building permit shell also be viewed es an application for a Special Use Permit for relief of said height limitation. 9. Northwe.tern College agrees to maintain the fence located along the ea.t property line in perpatuity 'to prevant pedestrian and vehicle access and egre.s. . 10. The City hae no planned ,ark for the Northwestern College ca.pus and the COllege ha. agreed to allow the City re.i- da.,ts ~o 'use ~h.athletic~ faCiliti.a" when .ot scbaduled for collegeuee, in satisfaction of park dedication "- quirements.lI B,anilon -, i moved that Council approve tbe application for a Special Use Permit and simultaneously a Building Permit for Northwestern Collega'. Fine Arts Center building contingent upon the following: A. wr.itten approval by the Fire Chief indicating that 1. the epace between adjacent buildings exceeds the .inimum requirements of paragraph 5 of Section III-D of Zoning Ordinance No. 99, 2. the building sprinkler syeta. being provided, in particular the 54' portion of the building, is ade- quate so a. not to be considered a hazard or re- quire any specialized equipment to be added to the Lake Johanna Volunteer Fire Department, and I. 3 Micute. of Regular Council Meeting PaSe Pour April 14. 1980 3. the ace.s. an4 egre.. from Ly~i. Avenue i. adequat~ so DO supplemental emergency. or otherwise. entrance from adjacent re.idential streets in Arden HillB will ba required. and 4. fira lana. heve been identified tbroughout tbe campuB. B. Drainage Bhall be approved by the City Engineer and tbe Rice Creek Watershed DiBtrict. . C. LandBcaping and lighting planB Bhall be approved by the City Planner. D. The brick uBed for exterior facing Bhall be compatible aeBthetically witb tbe adjacent buildings as repreBented by-the'rendurings. E. NortbweeternCollege shall deposit with the City an amount equal to 125% of the completed landBcaping and cOBt of completed parking areas aB esUmated by the City Planner and City Engineer, or an equivalent Performance Bond to aBsure construction Bhall be completed within ,12 monthB from com.encement of construction, unleBs it becomeB neces- Bary bacause of delays caused by strikes and material Bbort- agea. or otber unavoidable occurrenceB tbat ~ortbweBtarn College applles for and receivea approval of an extenBion of time by the City Council. F. Northwestern College Bball file a deed reatriction accep- table to tbe RegiBter of Deeds tbat indicates tbe residentB of the City may UBe tbe athleticfacilitieB wbenever such facilities are not being used by the BtudentB of tbe college. as satiBfacti~n for park dedication requirements. G. NortbweBtern College ebal~ maintain, at the college'B expense. in perpetuity. the fence now in exiBtence on tbe eaBt property line. or an equivalent acceptable to the City. witbno vehicle or pedestrian access, end if any violation of this occurs it Bball be considered anuiBance and tbe Special UBe Permit shall be Bubject to cancellation. which would remove tbe right of the college to occupy the Fine Arts Center building'until the, nu:l.aauce has been rectified. after whicb tbecollege lIlay reapply for renewal of tbe Special Use Permit Which the Council may reinstate without holding a public heering. at their discretion. In the event any furtber or different vehicular or pedeB trian acceBS iB required for Nort'hweB tern College for any reaBon, including the action of governmental autbori UeB, the Special Use Permi t herewith granted shall be revoked. Motion waB seconded by Crepeau. . In discusBion. necessity of Council declaring "findingB of fact" waB queried. Regnier ,Baid it iB a good idea to have findings of fact; Beid that conditions are needed as a basia for a Special UBe Permit. ErickBon's reBponBe was that tbe "f:l.ndingB" seemed to be statemen tB of the City; not all factB; agreeB that a variance is not required for tbe building beight (Ord. 99); huno disagreement with any type of permit ,aB long a8 College is not delayed further -not concerned with what tbe City calls tbe permit; by virtue of the court order. a Building Permit is needed. ErickBon suggeBted that the City and College enter into an acceptable joint agreement relative to park dedication; does not see need to file with Register of Deeds; asked if athletic facilities are playing fields or interior fecilitieB. Hanson Baid playing fields and gymnasium were indicated by the ParkB Director aB desirab,le; exact termB to be worked out by City and NorthweBtern College. DetailB of BanBon'. findings of fact (items 1-10) were not discuBBed or eccepted by the Council as a whole. -4- April 1". 19iO Minutes of Regular ~ouDcil Meeting Preg" five Woodburn moved to amend the motion as follows: Strike A through, G of motion and replace with t:he following thirteen contingencies: 1. 2 . 3. 4. . 5 . 6 . 7. 8 . 9. 10. 11. 12. 13. Completion of the parking and fencing agreement of , March 19, 1980, as amended; actively prechlde the necessity for off--campus parking and actually prohibi.t sa.... Certification by appropriately designated representatives of Northwestern College that the campus ma~ter plsn does represent all currently envisioned expansion. Final approval by the Village Planner, of the landscape plan. Finsl approval by the Village Engineer of drainage, aewer and wat"r plans 1I'itll l"sr.tieular l!'@fer..nce t,o their ,affect on surrounding property, including storm water control on the east side of the proposed berm. Recognition that if major power line alterations are to be made, strong consideration should be given to burying them. All lighting to be installed now, or in the future, on all parking lots and buildings shall be of the "down lighting" type and not directly visible from adjacent property. Wild or natural areas now designated on the landscape plan should not be used as sources of fill for the berm area. Noise from aircouditioning equipment or other mechanical equipment should be essentially inaudible beyond the property line. Approval of the Fire Chief of the plans. Satisfactory resolution of the park dedication require.ents prior to building occupancy. A suitable landscape bond according to Village Planner's requirements. Any future changes in the landscape plans must be approved by tbe Village Planner. Any further agreements necessary to enforce the above con- ditions will be signed prior to issuance of a Building Permit (as determined by the Village Attorney). Erickson said the conditions are not onerous. Motion to amend was seconded by Crichton and accepted by Hanson and Crepeau. Motion as amended carried unanimously. (It vas Council's underatanding that the attorneys will work out the necessary documents to incorporate the conditions of the motion.) Gase No. 80-3, Proposed Amendment_~p Zoning Ordinance No. 2li Miller referred Council to the Planning Commission recommendations (Minutes of 4/2/80); noted that the alternatives were to leave the ordinance as it is, to smend ordinance to incorporate a Special Education District, amend ordinance to permit colleges in residential districts with a Planned Unit Development Permit or amend ordinance to permit colleges in B-I districts with a Planned Unit Develop- ment Permit. Iii1ler reported that the Commission was desirous of the "guidelines" point of view; zoaing district was less acceptable than the PUD spproach; prefers PUD in residential zoning (would require the rezoning of Bethel College); did not determine where guidelines would be (Ordi- nance or Compreheusive Plan); coneideredthe special district an acceptable alternate, but prefers PUD app~oach. . Miller noted sOllie areas of concern re t,he pl!'cj>oeed or'!inance amend- ment which followB foremat of guidelines established primarily for Bethel COllege: setback from bOundaries @ 150 ft., height relation- ship., parking requirements, coverage factors, etc. "hich he felt to be goo~ for Bethel, but when applied to Northwestern, do not seem appropriate. Council discussed the scheduled April 28tb Public Heuring on tbe pro-_ posed amendment; ~ueried whether the hearing could be beld on the ordi- nance change to provide an Education District and "shift gears" to the PUD in either residential or B-I districts, if deter~ined to be the preferable amendment. -5- , Minut.es of Regular Council Meeting Pege six Hanson said that Bethel College and Northwestern College bave spoken against the Educution District; suggested that Council allow for some space between the Building Permit approval tonight and an ordinance revision; recomm..nded that the Council table the matter and return it to the Planning Commission to establish specific criteria for the PUD approach they support. April 14, 1980 Erickson said he talked with Dave Lissner (Bethel College) today; Liasner has no objection to rezoning Bethel to R-l with a PUD permit. Hauson reported that in his conversation with Bethel, they indicated objection to being rezoned to R-l; prefer B-1 district. . After discussion, Wingert moved, seconded by Woodburn, that Council hold the public bearing on the concept of PUD for colleges in resi- dential district.. Motion carried unanimously. Wingert moved, seconded by Woodburn, that Council schedule May Council ..eatlngs on the 1.2th and 27th and schedule the public hearing at 8:00 p.m. on Tue_day, May 27th on tbe Ordinance 213 amendment. Motion carried unanimously, (PreviouSly scbe{uled public hearing of April 28, 1980 to be cancelled.) (Crepeau left the meeting) Csse No. 80-5, SF!cial Use Permit for Duplex - Carl W. Elmquist (applicant was net present) Miller refer~ed Council to the Planuing Commission recommendation to deny the Special Use Permit (Minutes of Planning Commission Meeting of 4/2/80). ~ingert moved, seconded by CriChton, tbat Council deny the Special Use Permit for construction of eduplSX on tbe basis of tbe lot size (Lot 4, Block 13, Josephine Hill. No.3): Motion carried unanimousl,. Recommendations re 3-1ot Subdivision at Southwest Corner of Snelling .!venue/Lake Joha';-~oclevard - John Kenna Hiller reported tbat the Planning Commission recommends that a sub- division of the property with all lots having access on Rldgewood Road is preferable to tbe proposed plat of Kenna Addition. Council. concurred with the Planning COlllmission's recommendation. (It was Council's understanding that a Preliminary Plat will be sub- mitted; the proposed subdivision was intended to see~ the City's reaction to a proposed 5ubdlvisioa of the property.) REPORT OF VILLAGE TREASURER DONALD LAMB . Investments $178,093.40 @ Northwestern National Bnnk, St. Paul for 4 months @18.25% interest, maturing September 3D, 1980, $230,823.97 @ Northwestern Natio~al B~nk, St. Paul for 90 days @ 17.10 %, maturing July 14, 1980. $265.904.18 at American National Bank, St. Paul for 90 days @ 17.00%, maturing July 14, 1980. Crichton moved, smconded by Hanson, that Council ratify the ~reasurer's investm2uts. Motion carried unanimously. OTHER BUSINESS ~e No. 79-6. Req~ for Time Extension for Variances, 1618 Lake Johanna Boulevard_- George Koerner Hanson moved, Seconded by Wingert, that Council approve an extension to 4-9-81 to co~mence construction. Motion ca?ried unanimously. ;' ~.! ..~ _f' \ '. :,: .; I_i.,: "~I, !, J > _ ".;' ~ f f.l , 'J' ., . !J:>prqval of. ;Fuh; T~..Je: t),ra ., 10' GlelJ ,.. "'.' cricb~on moved: seconded"bylV n ert, t *t't6u 611, ~ 6v~l~h~'~ifi~~! of Toad Langenoach and Tim Thompson as full time temporary Public Works Department e~ployees @ $5.50/hcur, Motion carried unanimously. -6- , Minutes of Regul~r Council Meeting Page seven Req\1:est to Te~rarily Increase Compensato'ry Time Carryover - Public Wqr!<,sEmploye.>ee Council'wa8/fe~erred to Johansen's memo of 4/./80. A:~ril 14, 1980 After di8cti.ssio~, Wingert moved that Council approve temporarily compensatory tim~ carryover of up to 80 hours. Motion was aeconded by, Hans(in,alld carried unanimously. . ~ova'l of Re'ta:t 1 Sales License, Orien'tal Rugs at HcSui res - Timothy Hawkinso~ Haneon moved, seconded by Wingert, that Council deny the license on the basis of a 11llisance potent.ial. Motion did not "arry (all voted in opposi tion) . After discussion, Crichton moved, aeconded by Hanson, that Council approve the license, subject to Better Business Bureau report of DC negative information. Motion carried unanimously. Parks and Recreation Committee Recommendations: A. Closing Hours for Village Parks Council was referred to memo from Woodburn (4/14/80). Crichton moved that Council refer the melllO to the 'Parks Committee for ita COMments, without prejudice to the CommittEe's recommendations. Hotion was seconded by Hanson and carried unanimously. B. Psrk, Nao\es Deferred~o next Council Meeting. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Resolution No. 80-13, Utility Rates Eff@ctive Janu!!y 1, 1980 Wingert moved, seconded"by Hanson, that Council adopt Resolution No. 80-13, RESOLUTION ESTABLISHING UTILITY RATES EFFECTIVE JANUARY 1, 1980. Motion carried unanimously. Clairol!- and Payrol! Woodburn moved, seconded by Crichton, that Council approve the Claims aud Payroll as submitted. Motion carried unanimously. Lynden Letter to Presbyterian Homes Re Park Dedication and Roadway E Bosmen t Crf.ch ton queried the appa ren t Council de claton to 'lceept the park. dedication proposal outlined; said it was his understanding that the Council r@quested a map or survey depicting the proposed dedication, in order to see what tbe City would receive; was not aware that Council agreed to accept the proposal. ,Radioal S canners Councrr-waa referred to memo from Woodburn of ./14i80 relative to replacement of squad car radios. . After diSCUSSion, Crichton movE;d, seconded by Wingert, that Council approve the proposed crystal installations in exchange for a scanner. Hotion carried un6nimouely. Adj ournmen t Wingert moved, ssconded by Hanson, that the meeting adjourn at 12:26 a.m. Motion carried unanimously. @~~!.P1tLz Clerk Administrator Notice of Meeting The next regular Council Meeting will be held On Monday, April 28, 1980 at 7:30 p.m. at the Village Hall. -7-.