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HomeMy WebLinkAbout11-28-22-RMayor: David Grant It, Councilmembers: �-AEN HILLS Brenda Holden Fran Holmes Regular City Council Steve Scott David Radziej Agenda November 28, 2022 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. APPROVAL OF AGENDA 2. PUBLIC INQUIRIES/INFORMATIONAL This is an opportunity for citizens to bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. To allow adequate time for each person wishing to address the Council, speakers must limit their comments to three (3) minutes. To facilitate a timely meeting, a speaker that is repeating, or agreeing with, a previous comment should simply state such and forego a longer comment. If a large number of citizens wish to speak, the Mayor may shorten the individual comment period. Written documents may be distributed to the Council prior to the start of the meeting to allow a more timely presentation. Speakers should not use obscene, profane, or threatening language, or make personal attacks. Matters of litigation involving the City shall not be discussed during Public Inquiry by citizens or Council. The Council may not respond to speaker comments, engage in a debate, or take any action on the issues raised by citizens, but may direct City staff to research or follow up on an issue, if desired by Council. If Council directs further review by staff, the results of that review will be presented at a following regular Council Meeting. 3. RESPONSE TO PUBLIC INQUIRIES 4. PUBLIC PRESENTATIONS 5. STAFF COMMENTS 6. APPROVAL OF MINUTES 6.A. November 14, 2022 Regular City Council Documents: 11-14-22-R.PDF 7. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 7.A. Motion To Approve Claims And Payroll Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst Documents: MEMO.PDF 7.B. Motion To Approve Resolution 2022-051 Accepting The Liability Coverage Limits From The League Of Minnesota Cities Insurance Trust (LMCIT) For 2023 Gayle Bauman, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 7.C. Motion To Approve Ordinance 2022-007 Amending Chapter 13, Section 1325, Subsections 1325.05 (Design Standards) And 1325.055 (Tree Preservation) And Authorizing Publication Of Summary Ordinance - Planning Case 22-021 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 7.D. Motion To Approve Ordinance 2022-008 Amending Chapter 2, Section 210, Subsection 210.03, Subd. 5 Regarding Initial Meeting Of The Year Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 7.E. Motion To Approve Resolution 2022-052 Decertifying Tax Increment Financing Renewal And Renovation District No. 1-4, Presbyterian Homes Gayle Bauman, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF 75. Motion To Approve Payment No. 4 - T.A. Schifsky & Sons, Inc. - Snelling Avenue North Street And Utility Improvements Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 9. PUBLIC HEARINGS 9.A. Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Katlyn Adair, Accounting Clerk Documents: MEMO.PDF 10. NEW BUSINESS 10.A. Resolution 2022-053 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Gayle Bauman, Finance Director Katlyn Adair, Accounting Clerk Documents: MEMO.PDF ATTACHMENT A.PDF 10.B. Resolution 2022-054 - Planning Case 22-019 - Variance - 3588 Ridgewood Road - Ahmed Ali And Nawal Hirsi Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF 11. UNFINISHED BUSINESS 12. COUNCIL/STAFF COMMENTS ADJOURN DRAFT -ARQEN_HILLS Approved: November 28, 2022 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 14, 2022 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden and David Radziej Absent: Councilmembers Fran Holmes (excused) and Steve Scott (excused) Also present: City Administrator Dave Perrault; Public Works Director/City Engineer Dave Swearingen; Community Development Director Jessica Jagoe; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA M ION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve the meeting agenda as presented. The motion carried (3-0 . 2. PUBLIC INQUIRIES/INFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. PUBLIC PRESENTATIONS None. 5. STAFF COM NTS ARDEN HILLS CITY COUNCIL — NOVEMBER 14, 2022 N A. Transportation Update Public Works Director Swearingen reported paving of the new southbound lanes was now complete along Lexington Avenue. He explained the contractor would be installing the new permanent traffic signal at Target Road in the next month. He commented on the work that would be completed by the contractor next spring which included medians, pedestrian ramps, and construction of new sidewalks. He stated that this would be the last transportation update for the season and updates would resume again in the spring. Councilmember Holden asked when the Lexington Avenue project would be completed next year. Public Works Director Swearingen stated he was uncertain when the County would have this project completed in 2023. 6. APPROVAL OF MINUTES A. October 17, 2022, City Council Work Session B. October 24, 2022, Regular City Council C. October 24, 2022, Special City Council Work Session D. November 7, 2022, Special City Council MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve the October 17, 2022, City Council Work Session meeting minutes, October 24, 2022, Regular City Council meeting minutes, October 24, 2022, Special City Council Work Session meeting minutes; and November 7, 2022, Special City Council meeting minutes as presented. The motion carried (3-0). 7. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Payment to Springbrook Holding Company LLC for 2023 Software Maintenance Fees C. Motion to Approve Resolution 2022-050 Certifying 2022 Municipal Election Canvass Results D. Motion to Authorize Contract for Medical Insurance for Non -Union Employees for 2023 E. Motion to Approve Update to Personnel Policy Benefit Language F. Motion to Approve Professional Services Agreement Amendment for Right -of - Way Acquisition and Temporary Easements with SRF Consulting Group, Inc. — Mounds View High School Trail Improvements MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried (3-0 . ARDEN HILLS CITY COUNCIL — NOVEMBER 14, 2022 3 8. PULLED CONSENT ITEMS None. 9. PUBLIC HEARINGS None. 10. NEW BUSINESS None. 11. UNFINISHED BUSINESS None. 12. COUNCIL COMMENTS Mayor Grant stated he looked forward to working with Councilmembers-elect Fabel, Rousseau and Monson in 2023. Councilmember Radziej congratulated Mayor Grant on his reelection. Councilmember Holden thanked the election judges for assisting with the election on November 8. Councilmember Holden requested an update from staff on what was occurring on the old fire station site. Community Development Director Jagoe reported the developer had brought material to the site and grading would occur in the coming weeks and then it would be covered until next spring. Mayor Grant thanked the election judges and staff for their work during the recent election. He also thanked all of the residents that took the time to vote. ADJOURN MOTION: Councilmember Holden moved and Councilmember Radziei seconded a motion to adiourn. The motion carried (3-0). Mayor Grant adjourned the Regular City Council Meeting at 7:10 p.m. Julie Hanson City Clerk David Grant Mayor 'It -ARZEEN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: N/A N/A Council Should Consider Motion to approve, table or deny the following: • Claims and Payroll Listing All items need a simple majority for action unless otherwise noted. CONSENT ITEM 7A Funding Source: N/A Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2022 Payroll #24 Paid Claims - 11/05/2022-11/18/2022 (Check Nos. 51383-51425 and ACH Checks) Total Payroll Total Accounts Payable $91,901.36 $91,901.36 $791,893.82 $791,893.82 Total Claims $883,795.18 CITY OF ARDEN HILLS PAYROLL # 24 CHECKS DATED: Biweekly: 11/25/22 11/05/22 - 11/18/22 EMPLOYEE DEDUCTIONS AMT. I CITY BENEFIT Payment Method FIT 7,810.91 EFT EFT EFT EFT FICA Oasdi 4,805.05 4,805.05 FICA Medicare 1,123.76 1,123.76 SIT 3,368.51 TOTAL TAXES 1 17,108.231 5,928.81 Health Premium 1,750.88 0.00 A/P Check* A/P Check* A/P Check* A/P Check* Dental Premium 200.32 0.00 FSA Health Care Reimb. 50.00 FSA Dependent Care Reimb. 0.00 TOTAL FLEXIBLE SPENDING 1 2,001.201 0.00 HSA Health Saving 440.001 0.00 TOTAL HEALTH SAVINGS 1 440.001 0.00 PERA 1 4,821.871 5,563.71 EFT EFT A/P Check* EFT ICMA 2,886.34 434.40 Central Pension Fund -Union 1,536.00 MN State Retirement System 1,304.18 TOTAL RETIREMENT 1 10,548.391 5,998.11 AFLAC 22.76 EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* Life/Addl/Dep Life 47.39 0.00 Life/Addl non -tax 9.60 LTD/STD Insurance 0.00 PERA Life Insurance 24.00 IUOE 49 Dues Union 140.00 UNUM 1 19.51 TOTAL VOLUNTARY 1 263.261 0.00 Total Employee Deductions 30,361.08 Net Payroll (payroll checks 0.00 Direct Deposit 49,613.36 Gross Payroll Tie -Out 79,974.44 Plus City Paid Benefit 11,926.92 TOTAL PAYROLL COST 91,901.36 FICA TIE -OUT Gross Payroll 79,974.44 Less Total FSA 2,001.20 Less Total H.SA 440.00 Less Voluntary Ins 32.36 Net P/R Sub'ect to FICA 77,500.88 FICA Oasdi @ 6.20% 4,805.05 FICA Medicare @ 1.45% 1,123.76 Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. Accounts Payable Checks by Date - Detail by Check Date User: pang.silseth Printed: 11/21/2022 3:36 PM ­--ARDEN HILLS Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0189 GOPHER STATE ONE CALL 11/11/2022 2100190 October Locates 103.05 2100190 October Locates 103.05 2100190 October Locates 103.05 Total for this ACH Check for Vendor 0189: 309.15 ACH 0243 METROPOLITAN COUNCIL -WASTE WI 11/11/2022 0001147742 Waste Water -December 68,098.24 Total for this ACH Check for Vendor 0243: 68,098.24 ACH 0285 XCEL ENERGY 11/11/2022 802367426 9/14/22-10/13/22 570.63 802367426 9/14/22-10/13/22 1,967.03 802367426 9/14/22-10/13/22 63.45 802367426 9/14/22-10/13/22 246.74 802367426 9/14/22-10/13/22 1,937.69 802367426 9/14/22-10/13/22 1,330.36 802367426 9/14/22-10/13/22 1,832.01 Total for this ACH Check for Vendor 0285: 7,947.91 ACH 0292 OXYGEN SERVICE COMPANY INC 11/11/2022 0003537392 October Rental 32.55 Total for this ACH Check for Vendor 0292: 32.55 ACH 0319 CITY OF ROSEVILLE 11/11/2022 0231359 Q3 Water 424,887.46 0231364 IT Support Services -November 7,535.16 Total for this ACH Check for Vendor 0319: 432,422.62 ACH 0320 HEALTH PARTNERS INC 11/11/2022 009599712993 December Insurance 855.81 Total for this ACH Check for Vendor 0320: 855.81 ACH 0327 STAPLES INC 11/11/2022 3521242303 Supplies 19.59 3521242303 Supplies 67.23 3521242305 Supplies 32.58 3521242306 Supplies 15.96 3521331553 Supplies -Headphones 27.49 Total for this ACH Check for Vendor 0327: 162.85 ACH 0382 MISSIONSQUARE #106944 11/11/2022 PR 22-23 PR Batch 00100.11.2022 ICMA Employer Perce PR Batch 00100.11.2022 ICU 434.40 PR 22-23 PR Batch 00100.11.2022 ICMA Employee Perce PR Batch 00100.11.2022 ICU 376.48 AP Checks by Date - Detail by Check Date (11/21/2022 3:36 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0382: 810.88 ACH 0387 MISSIONSQUARE #302482 11/11/2022 PR 22-23 PR Batch 00100.11.2022 ICMA Employee Dedu PR Batch 00100.11.2022 ICM 2,288.00 PR 22-23 PR Batch 00100.11.2022 ICMA Employee Perce PR Batch 00100.11.2022 ICM 218.04 Total for this ACH Check for Vendor 0387: 2,506.04 ACH 0706 CERTIFIED LABORATORIES 11/11/2022 7986751 Lubricating Oils & Protective Spray 936.20 Total for this ACH Check for Vendor 0706: 936.20 ACH 0761 ELECTRIC PUMP INC 11/11/2022 0074603-IN LiftStation #3 Low Level Lockout Float Repair 695.25 Total for this ACH Check for Vendor 0761: 695.25 ACH 0922 NINENORTH 11/11/2022 2022-202 October Production 838.83 Total for this ACH Check for Vendor 0922: 838.83 ACH 10363 MINUTE MAKER SECRETARIAL 11/11/2022 M1579 10/24 CC Meeting Minutes 154.00 Total for this ACH Check for Vendor 10363: 154.00 ACH 10422 MATTHEW SEIFERT 11/11/2022 110722 Mileage Reimbursement -Training 10/24-10/28 518.75 Total for this ACH Check for Vendor 10422: 518.75 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 11/11/2022 1122TI19 October Janitorial Services 2,005.58 Total for this ACH Check for Vendor 10476: 2,005.58 ACH 1115 WSB & ASSOCIATES INC 11/11/2022 R-020947-000-2 2022 Chip Seal Inspection -September 575.00 Total for this ACH Check for Vendor 1115: 575.00 ACH 1125 BOLTON & MENK INC 11/11/2022 0299674 2021 PMP Hazelnut/Glenpaul 329.50 0299681 2022 PMP Snelling Ave Improvements 2,085.50 Total for this ACH Check for Vendor 1125: 2,415.00 ACH 5665 METERING & TECHNOLOGY SOLUTI( 11/11/2022 INV816 4" Compound Meter -Land O'Lakes 52.70 INV816 4" Compound Meter -Land O'Lakes 4,557.00 Total for this ACH Check for Vendor 5665: 4,609.70 ACH 7501 KELLY & LEMMONS PA 11/11/2022 59353 October Prosecution 3,510.00 Total for this ACH Check for Vendor 7501: 3,510.00 ACH ADVS ADVANTAGE SIGNS & GRAPHICS INC 11/11/2022 00054881 Trail Closed Sign 21.05 AP Checks by Date - Detail by Check Date (11/21/2022 3:36 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor ADVS: 21.05 51383 7804 BARTON SAND & GRAVEL CO 11/11/2022 221031 10/18 Disposal Fee 100.00 Total for Check Number 51383: 100.00 51384 0131 BEISSWENGERS DO IT BEST 11/11/2022 649143 Supplies 12.18 Total for Check Number 51384: 12.18 51385 10347 BITUMINOUS ROADWAYS INC 11/11/2022 16729 2021 CIPP Lining 14,456.00 Total for Check Number 51385: 14,456.00 51386 10483 CENTRAL PENSION FUND 11/11/2022 401333.1022 October Apprentice Fund 256.00 Total for Check Number 51386: 256.00 51387 0342 CITY OF SHOREVIEW 11/11/2022 ASII I122 Afterschool Sports Instructor 176.00 Total for Check Number 51387: 176.00 51388 1033 COMCAST 11/11/2022 101030.1122 Service 11/3-12/2 108.35 98681.1122 Service 11/5-12/4 111.32 Total for Check Number 51388: 219.67 51389 1032 COMMERCIAL ASPHALT CO INC 11/11/2022 221031 Asphalt Purchase 10/25 451.93 Total for Check Number 51389: 451.93 51390 10446 FINANCE & COMMERCE INC 11/11/2022 5676914 1 Year Subscription Renewal 139.00 Total for Check Number 51390: 139.00 51391 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSI 11/11/2022 13P3.1222 December Insurance 10,760.00 N134.1222 December Insurance 1,527.00 Total for Check Number 51391: 12,287.00 51392 IDAI IDEAL ADVERTISING INC 11/11/2022 54154 Staff Shirts 265.00 Total for Check Number 51392: 265.00 51393 10330 KLEIN UNDERGROUND LLC 11/11/2022 55596 1260 Grey Fox 1,858.85 Total for Check Number 51393: 1,858.85 51394 10448 MARCO TECHNOLOGIES LLC 11/11/2022 486168693 Copier Contract 10/25-11/25 200.35 486168693 Copier Contract 10/25-11/25 35.36 AP Checks by Date - Detail by Check Date (11/21/2022 3:36 PM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 51394: 235.71 51395 0811 RAMSEY COUNTY 11/11/2022 SHRFL-002104 Law Enforcement Services -November 116,177.07 Total for Check Number 51395: 116,177.07 51396 0336 T.A. SCHIFSKY & SONS INC 11/11/2022 68561 Asphalt Purchases 10/16-10/22 1,333.50 68586 Asphalt Purchases 10/23-10/29 1,127.25 Total for Check Number 51396: 2,460.75 51397 1579 TOW MASTER INC 11/11/2022 454282 Service Job to Truck #85128 2,860.00 Total for Check Number 51397: 2,860.00 51398 3099 TRI STATE BOBCAT INC-LITTLE CANT 11/11/2022 A11366 Supplies #85457 45.16 Total for Check Number 51398: 45.16 51399 1161 VALLEY -RICH CO INC 11/11/2022 31394 1260 Grey Fox Road -Hydrant Install 11,350.00 Total for Check Number 51399: 11,350.00 51400 1557 VAN IWAARDENASSOCIATES 11/11/2022 ADH-2022-10 GASB 75 Alternative 400.00 ADH-2022-10 GASB 75 Alternative 400.00 ADH-2022-10 GASB 75 Alternative 400.00 ADH-2022-10 GASB 75 Alternative 400.00 ADH-2022-10 GASB 75 Alternative 400.00 Total for Check Number 51400: 2,000.00 Total for 11/11/2022: 694,775.73 ACH 0008 JOSEPH MOONEY 11/18/2022 110722 Reimbursement -shirts 4.00 Total for this ACH Check for Vendor 0008: 4.00 ACH 0192 GRAINGER INC 11/18/2022 9503675390 Impact Sockets 142.98 9509669728 Marking Paint 12.81 Total for this ACH Check for Vendor 0192: 155.79 ACH 0453 CONTINENTAL RESEARCH CORP 11/18/2022 0040108 Cleaning Solution 176.00 Total for this ACH Check for Vendor 0453: 176.00 ACH 0638 BRO-TEX INC 11/18/2022 555943 Shop Towels 520.40 Total for this ACH Check for Vendor 0638: 520.40 AP Checks by Date - Detail by Check Date (11/21/2022 3:36 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 10442 SPRINGBROOK HOLDING COMPANY 1 11/18/2022 INV-010799 2023 Maintenance Agreement 7,307.31 INV-010799 2023 Maintenance Agreement 7,307.31 INV-010799 2023 Maintenance Agreement 4,056.72 INV-010799 2023 Maintenance Agreement 7,307.30 INV-010799 2023 Maintenance Agreement 4,056.77 Total for this ACH Check for Vendor 10442: 30,035.41 ACH 1223 ADAM'S PEST CONTROL - MAIN 11/18/2022 3566733 November Pest Control 78.03 Total for this ACH Check for Vendor 1223: 78.03 ACH 6555 TKDA INC 11/18/2022 002022005552 Arden Oaks Street Improvements 9/25-10/29 315.61 Total for this ACH Check for Vendor 6555: 315.61 ACH ZARN ZARNOTH BRUSH WORKS INC 11/18/2022 0191525-IN Broom Refill and Gutter Broom 1,614.00 Total for this ACH Check for Vendor ZARN: 1,614.00 51401 10244 COMCAST BUSINESS INC 11/18/2022 158814141 November Service 493.79 Total for Check Number 51401: 493.79 51402 10405 DALEY ELECTRIC LLC 11/18/2022 220685 Light Bulb Change 224.00 Total for Check Number 51402: 224.00 51403 2501 DAVIS LOCK AND SAFE 11/18/2022 6620 Repair Men's Bathroom Lock 320.49 Total for Check Number 51403: 320.49 51404 0849 FRA-DOR INC 11/18/2022 2210135 City Hall Mulch 37.80 Total for Check Number 51404: 37.80 51405 0176 FRATTALLONES HARDWARE INC 11/18/2022 C64831/A Cleaning Products 20.98 Total for Check Number 51405: 20.98 51406 10218 HR GREEN INC 11/18/2022 152330 CH Parking Lot -April; Mgmt/Staking & Observ: 8,352.50 154757 CH Parking Lot -July; Staking & Observation 68.75 157452 Comp Drainage Survey -October; Grant App 1,351.00 157458 P8 Modeling -October: BMP Retrofit Analysis 7,931.25 Total for Check Number 51406: 17,703.50 51407 0390 INT'L UNION OPERATING ENGINEERS 11/18/2022 1200.1122 November Dues 280.00 Total for Check Number 51407: 280.00 51408 AR -VOLT LIBBY LAW OFFICE 11/18/2022 AP Checks by Date - Detail by Check Date (11/21/2022 3:36 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference PC 22-017 Escrow Refund PC 22-017, 3787 Lexington Ave 425.00 Total for Check Number 51408: 425.00 51409 UB*00610 DEBRALOY 11/18/2022 Refund Check 000506-000, 1300 Nursery Hill I 189.84 Total for Check Number 51409: 189.84 51410 AR-LUME LUMEN 11/18/2022 ROW 2022-00378 Escrow Refund ROW 2022-00378; 3610 Snellin 3,000.00 Total for Check Number 51410: 3,000.00 51411 AR -MAST MASTEC NORTH AMERICA 11/18/2022 ROW 2020-01089 Escrow Refund ROW 2020-01089; 1220 County 1,000.00 Total for Check Number 51411: 1,000.00 51412 AR-MEIE MEIER REGENSCHEID INC 11/18/2022 ROW 2022-00658 Escrow Refund ROW 2022-00658; 1901 Lake V 1,000.00 Total for Check Number 51412: 1,000.00 51413 AR-MI-T MI -TECH SERVICES INC. 11/18/2022 ROW 2018-00633 Escrow Refund ROW 2018-00633; 1931 Stowe, 1,000.00 Total for Check Number 51413: 1,000.00 51414 10271 MN PEIP 11/18/2022 1233579 December Insurance 12,159.96 51415 1208 610207-10-22 613317-10-22 51416 0811 EMCOM-010406 EMCOM-010442 EMCOM-010459 PREMIUM WATERS INC October Water October Water RAMSEY COUNTY Fleet Support -October 911 Dispatch -October CAD Services -October Total for Check Number 51414: 11/18/2022 Total for Check Number 51415: 11/18/2022 Total for Check Number 51416: 51417 7064 ROTARY CLUB OF ARDEN HILLS-SHO 11/18/2022 2285 Q4 2022 Dues 51418 MISC1 HYD 2022-00334 HYD 2022-00334 HYD 2022-00633 HYD 2022-00633 51419 SRFC 14320.00-10 SHAFER CONTRACTING CO INC Hydrant Rental 2022-00334 Hydrant Rental 2022-00334 Hydrant Rental 2022-00633 Hydrant Rental 2022-00633 SRF CONSULTING GROUP INC MVHS Trail Improvements -October Total for Check Number 51417: 11/18/2022 Total for Check Number 51418: 11/18/2022 i/,ij7.7o 38.50 52.00 90.50 24.96 4,418.27 732.41 5,175.64 127.50 127.50 -2,280.22 2,000.00 2,000.00 -652.61 1,067.17 4,732.50 AP Checks by Date - Detail by Check Date (11/21/2022 3:36 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 51419: 4,732.50 51420 10354 ST. PAUL PIONEER PRESS 11/18/2022 1022572589 PC 22-021 Ch 13 Zoning Amendment 49.82 1022572589 PC 22-018 #662 RC Sherriff Concept/Site/Cond 47.00 1022572589 PC 22-019 #679 Ali Variance 56.40 Total for Check Number 51420: 153.22 51421 AR-TELC TELCOM CONSTRUCTION INC. 11/18/2022 ROW 2020-00708 Escrow Refund ROW 2020-00708; 1220 County 1,000.00 ROW 2022-00739 Escrow Refund ROW 2022-00739; 4200 Round 1,000.00 Total for Check Number 51421: 2,000.00 51422 1300 UNIFIRST CORPORATION 11/18/2022 090 0729403 November Mats 163.91 Total for Check Number 51422: 163.91 51423 1081 UTILITY LOGIC 11/18/2022 13713 Battery Holders 14.66 Total for Check Number 51423: 14.66 51424 1161 VALLEY -RICH CO INC 11/18/2022 31382 Watermain Break-1953 Thom Dr 5,029.50 31390 Watermain Break-Cty Rd E/Indian PI 7,485.09 Total for Check Number 51424: 12,514.59 51425 9755 VERIZON CONNECT NWF INC 11/18/2022 OSV000002905996 October Service 323.80 Total for Check Number 51425: 323.80 Total for 11/18/2022: 97,118.09 Report Total (71 checks): 791,893.82 AP Checks by Date - Detail by Check Date (11/21/2022 3:36 PM) Page 7 CONSENT ITEM — 7B 'It EN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Resolution 2022-051 Accepting the Liability Coverage Limits from the League of Minnesota Cities Insurance Trust (LMCIT) for 2023 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Resolution 2022-051 accepting the liability coverage limits from the League of Minnesota Cities Insurance Trust (LMCIT) for 2023. All items need a simple majority for action unless otherwise noted. Background Each year the City Council is required to decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. In past history, the City has not waived the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 (this would mean that the City accepts liability coverage limits of $1,500,000). Budget Impact None. Attachments Attachment A: Resolution 2022-051 Attachment B: Waiver Form 'It --AI�DEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2022-051 Attachment A RESOLUTION ACCEPTING THE LIABILITY COVERAGE LIMITS FROM THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) WHEREAS, the City of Arden Hills DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City accepts liability coverage limits of one million, five hundred thousand dollars and zero cents ($1,500,000.00) from the League of Minnesota Cities Insurance Trust (LMCIT) for calendar year 2023. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28t" DAY OF NOVEMBER 2022. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. (D LEAGUE Attachment B LMCMINNESOTA CITIES LIABILITY COVERAGE — WAIVER FORM Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before the member's effective date of coverage. Return completed form to your underwriter or email to pstechna,lmc.org. The decision to waive or not waive the statutory tort limits must be made annually by the member's governing body, in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: • If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. • If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. • If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LEAGUE OF MINNESOTA CITIES 145 University Avenue West PH: (651) 281-1200 FX: (651) 281-1298 INSURANCE TRUST St. Paul, Minnesota 55103 TF: (800) 925-1122 www.Imc.org LMCIT Member Name: City Of Arden Hills Check one: ❑x The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. § 466.04. ❑The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member's governing body meeting: _November 28, 2022 Signature: Position: 01A CONSENT ITEM — 7C ,-ADEN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #22-021 Applicant: City of Arden Hills Request: Zoning Code Amendments — Chapter 13, Landscaping and Tree Preservation Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: Adoption of Ordinance 2022-007 and authorize publication of summary ordinance for Planning Case 22-021 to amend ordinance language in the Zoning Ordinance applicable to all zoning districts in Sections 1325.05, Design Standards and 1325.055, Tree Preservation that would update the City's current tree preservation ordinance to include landscaping and expand how tree replacement funds can be utilized. Approval of a Zoning Code Amendment requires an affirmative vote of three councilmembers. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Background At the September 191h work session, the City Council discussed draft language for a proposed tree preservation ordinance. The City Council had previously requested Staff to investigate changing the City's ordinance as it relates to tree preservation. Staff was directed to research whether or not the scope can be broadened to include items, such as landscaping or other green spaces. The City Attorney in his preliminary review of the draft changes believed the amendment would accomplish the flexibility being sought. The general consensus of the City Council was to move forward with the proposed amendments as presented in the work session and with the references to "green space" being modified to "landscaping". Page 1 of 3 Staff was directed to finalize the language with the City Attorney and bring forward the proposed ordinance to the Planning Commission for the first review and to hold a public hearing. At their November 9, 2022 meeting, the Planning Commission held the required public hearing for the draft ordinance and voted to recommend approval of the Zoning Code Amendment by a 6-1 vote. Overview of Ordinance Amendments Staff has prepared a draft ordinance showing stricken language to be deleted and new language added in red font for your review (Attachment A). The general consensus of the City Council was that the current ordinance language is narrowly focused on tree preservation. The city code defines landscaping as "plantings such as trees, grass, shrubs." Under the tree preservation ordinance as written, the City Attorney confirmed that the tree fund or a fee in lieu of planting may only be used for tree related expenses. The Council noted that there are projects (i.e. parks, right-of-way) in the City that could be considered or in need of all types of landscaping as defined in the ordinance (i.e. trees, grasses, shrubs). The City Council requested Staff develop language that would be broadened the ordinance to include items, such as, landscaping or other green spaces. The proposed amendments would add language applicable to all zoning districts that revises and updates the City's current tree preservation ordinance to restate when a mitigation plan is required for extensive tree removal on a parcel of land, what is required of a landscape plan and the calculation of fees for tree loss when replanting on the affected site is not practical, and clarifies that those collected fees can be expended for tree and landscape purposes. To be clear, the proposed amendment is not modifying the minimum requirements for tree preservation and/or replacement. Instead, the draft language is intended to add language within the landscaping and tree preservation sections of the city code to allow for both forms of plantings to function as one "landscaping fund" in satisfaction of the ordinance going forward. It should be noted that any tree funds remaining will need to be kept separate and still need to be spent solely on tree related expenses. The applicable Sections are as follows: • Adding language: Section 1325.05 - Design Standards o Subd.1.C.7 o Subd.1.D.2 Adding language: Section 1325.055 - Tree Preservation o Subd. 1.A.3 and 4 o Subd. 6.A.3.c through e Additional Review N/A Findings of Fact The City Council must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings of fact for consideration: 1. The City of Arden Hills is proposing to amend ordinance language applicable to all zoning districts that would revise and update the City's current tree preservation ordinance to include items, such as, landscaping and other green spaces. Page 2 of 3 2. The proposed ordinance amendment will reaffirm when a mitigation plan is required on a parcel of land, what is required of a landscape plan, and the calculation of fees for tree loss when replanting on the affected site is not practical. 3. The proposed ordinance amendment clarifies that those collected fees can be expended for tree and landscape purposes. 4. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code of the City Code. 5. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 6. The Planning Commission conducted a public hearing on November 9, 2022. Options and Motion Language The Planning Commission reviewed this application at their November 9, 2022 meeting. At that time, they recommended approval of the Zoning Code Amendment by a 6-1 vote. The following are motion language options for the City Council to consider. Approval: Motion to adopt Ordinance 2022-007 and authorize publication of the summary ordinance of Planning Case 22-021 for Zoning Code Amendments to Chapter 13 in Section 1325.05 — Design Standards and Section 1325.55 — Tree Preservation of the Arden Hills City Code to add language to revise and update the City's current tree preservation ordinance to include items, such as, landscaping and further clarify mitigation plan requirements and that those collected fees can be expended for tree and landscape purposes based on the findings of fact and the November 28, 2022 Report to the City Council. • Deny: Motion to deny Ordinance 2022-007 of Planning Case 22-021 for Zoning Code Amendments to Chapter 13 in Section 1325.05 — Design Standards and Section 1325.55 — Tree Preservation of the Arden Hills City Code based on the findings of fact: findings to deny should specifically reference the reasons for denial. Table: Motion to table Ordinance 2022-007 of Planning Case 22-021 for Zoning Code Amendments to Chapter 13 in Section 1325.05 — Design Standards and Section 1325.55 — Tree Preservation of the Arden Hills City Code for the following reasons: the City Council should identify a specific reason and/or information request should be included with a motion to table. Public Notices Notice was published in the Pioneer Press on November 17, 2022 and posted on the City's website on November 18, 2022. The City has not received any public comments regarding this case. Budget Impact N/A Attachments A. Redlined Ordinance Amendment B. Summary Ordinance Page 3 of 3 I't EN HILLS ORDINANCE NO.2022-007 Attachment A CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1325 — General Regulations 1325.05 Design Standards, Subd. 1; is hereby amended by deleting sal ettgh language and adding the underlined language as follows: 1325.05 Design Standards. Subd.l Landscaping. A. Purpose and Findings. The City declares that it is desirable and essential to the health, safety, welfare, and aesthetics of the City to protect certain existing plants and trees, to require new and additional plants and trees, to prohibit the planting of certain species, to require the maintenance of plants and trees as set forth in this subdivision, and that appropriate and unified landscaping is essential to meet the community objectives established in the Comprehensive Plan. B. Scope. The provisions of this subdivision shall apply only to privately owned property. Property within public rights -of -way shall be maintained in accordance with Chapter 7 of the City Code. C. General Landscaping Requirements 1. Minimum Requirements. In all districts, all developed uses shall provide and maintain a landscaped area according to the minimum requirements in Section 1320.06, the district requirements chart. 2. All land area not occupied by marshes, ponds, wetlands, buildings, parking, driveways, sidewalks, or other hard surface shall be sodded, seeded, mulched or landscaped with appropriate perennials, shrubbery and/or trees. 3. Landscaped Area Along Streets. In all districts all developed uses shall provide and maintain a landscaped area along streets. This area shall be kept clear of all structures, storage, and off-street parking. Except for driveways, the area shall extend along the entire frontage of the lot and along both streets in the case of a corner lot. 221909v1 4. Maintenance of Green Space. The property owner shall be responsible for the maintenance of all green space and landscaped areas in accordance with Section 600.02 of the City Code. 5. Green Roofs. Green roofs may be counted towards the minimum landscaping requirements of a parcel, as determined by Staff, based on the absorption rate and quality of the green roof. 6. Screening. All developments shall be in conformance with Section 1325.05 Subd. 4. 7. Tree Preservation. Clear cutting of an entire stand of trees is prohibited on all parcels. All developments shall be in conformance with Section 1325.055. and subject to an approved Tree Mitigation Plan as outlined in Section 1325.055, Subd. 6. D. Landscaping Plan. 1. Scope. In cases where a landscaping plan is required by this Code or by an approval granted by the City, the applicant for the building or grading permit shall submit a landscape plan prepared in accordance with the provisions of Appendix A of the Zoning Code. A landscape plan shall be approved by the City and implemented by the property owner: a) For any new development or new building construction in any business, industrial, Institutional, R-3, R-4, or I -FLEX zoning district, and planned unit developments, except as otherwise provided by specific development agreements. b) For any existing commercial, industrial, or institutional building or parking lot to be expanded by at least ten (10) percent, or at least 5,000 square feet, where an approved landscape plan is not on file with the city. In the case where a plan is required under this subparagraph, the property owner may submit a plan implementation schedule that would allow the plan to be implemented over a period of three years. c) No building permit for any construction described in items (a) and (b) of this subparagraph shall be issued unless a landscape plan required hereunder is approved by the city. 2. Landscaping Plan Standards. a. If the City determines, at its sole discretion, that landscaping to o be planted in satisfaction of the ordinance exceeds that which can be accommodated practically on -site a landscaping fee may be collected at the sole discretion of the City in lieu of on -site planting. The landscaping fee amount shall be the cost of materials and installation of landscaping=plus ten 00) percent, and shall be provided b t�pplicant and approved by the City. All funds shall be expended exclusively towards landscaping, as defined by the ordinance, for implementation of the goals listed in Subd. LA of this section and Section 1325.055, Subd. 1. E. Performance Guarantee. 1. A landscape performance bond or other acceptable financial surety is required for all screening or landscaping required in this Code to insure completion and maintenance of all landscaping in accordance with the approved landscape plan required hereunder. 2 221909v1 2. The amount of the bond or surety shall be 125% of the cost of materials and installation. 3. The bond or surety shall be provided prior to the issuance of any building or grading permits and shall be valid for, two full years, from the date of installation, or three years in the case of an extended timeline. 4. For any landscaping or screening that is not in accordance with the approved landscaping plan at the end of two growing seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. F. Minimum Landscape Requirements. 1. Caliper Inches. The minimum caliper inches required per building site shall relate to the gross square footage of all floors of a building and the building height. A single story building in excess of thirty (30) feet in height shall be considered a two-story building for the purposes of determining gross square footage. Minimum total caliper inches = Gross Square Footage of all Floors of Building 320 2. Tree Ratio. The minimum total caliper inches shall contain the following minimum percentages of trees in various size ranges: Building Height In Stories Percentage of Trees of Various Caliper Inches 2.0" - 3.0" 3.5" - 4.0" 4.5" - 6.0" 1-2 50 % 30 % 20 % 3-4 50 % 30 % 20 % 5 and over 30 % 50 % 20 % 3. Coniferous Tree Measurement. Coniferous trees may be considered equivalent to the sizes shown by dividing the height of the coniferous tree in feet by 2.4. 4. Minimum size at time of planting. a) Two and one-half (2.5) caliper inches for deciduous trees. b) Six (6) feet in height for coniferous trees. 5. Trees Along Street Frontage. A minimum of one tree shall be provided along the right of way for every fifty (50) feet of public street frontage. 6. Perennials and Shrubberies. At least ten (10) percent of the total landscaped area shall be covered with perennials and/or shrubbery and be planted within the perimeter of private parking, building, and driveway areas. 7. Planting Islands. Planting islands shall be required to visually break up expanses of hard -surface parking areas, to provide safe and efficient traffic movement, and to define rows of parking. Planting islands shall occupy at least ten (10) percent of the parking area. Planting islands shall be edged with concrete curbs. Parking lot planting 221909v1 islands shall be a minimum of 150 square feet in area, be of appropriate width and length, and include at least one tree meeting the requirements of this ordinance. G. Landscape Design Specifications. All landscape plans and landscaping under this subdivision shall follow and be in compliance with the following requirements, together with all other Code regulations: 1. Diverse Selection. The landscape plan shall include a full complement of over story, ornamental and evergreen trees, shrubbery, and ground covers that are hardy and appropriate for the locations in which they are planted, and which provide year-round color and interest. 2. Existing Plant Credit. Plant materials existing on a site at the time of development, may be used as a credit against the requirements of these landscape regulations; the City Council shall determine the extent of credit allowed, based on the evaluation of species, size, location, quality of existing plant materials and the consistency with the intent of these regulations. 3. Plant Selection. The City maintains a list of trees that may not be used to satisfy the landscaping requirement of this section. 4. Method of Installation. All deciduous and coniferous trees shall be planted in accordance with American Standards for Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and burlapped and spade -moved trees. 5. Slopes and Berms. Final slopes greater than the ratio of 3:1 will not be permitted without special approval or treatment, such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3:1. 6. Landscape Plan Maintenance. Quantity and character of landscaping, as originally approved, shall be maintained in perpetuity by the property owner unless the City approves a change to the landscaping plan. Maintenance shall include removal of litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. Natural watercourses within a buffer shall be maintained as free flowing and free of debris. 7. Erosion Control. All areas of any site shall be restored and maintained in accordance with provisions of the city erosion control standards, and other requirements of the Code. 8. Placement of Trees and Shrubs. No trees or shrubs shall be planted within any drainage/utility easements, road right-of-way, or where it would now or in the future materially impede the clear vision area or other driveway between a height of two and one-half (2-1/2) and ten (10) feet in the clear vision area. (revised 3/18/09) 9. Completion Deadline. All plants required for screening purposes shall be planted to completion within six months from date of issuance of a building permit unless otherwise approved by the city due to the time of the year or if an alternative schedule is set in a development agreement. In no case shall the period exceed six months from issuance of the certificate of occupancy. El 221909v1 SECTION 2. Chapter 13 - Zoning Code, Section 1325 — General Regulations 1325.055 Tree Preservation, Subd. 1 and Subd. 6; are hereby amended by deleting stfilethfough language and adding the underlined language as follows: 1325.055 Tree and Landscaping Preservation. Subd. 1 Findings, Purpose and City Authority. A. Findings and Purpose. The purpose of this section is to identify trees that are to be saved when development or land disturbing activity is occurring. It is the City's intent to protect, preserve, and enhance the natural environment of Arden Hills and to encourage a resourceful and prudent approach to development. The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to development and property alteration. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: 1. Protect and preserve the environment and natural beauty of the City; 2. Minimize tree and habitat loss during development and construction; 3. Establish minimum standards for tree preservation, landscapes, and the mitigation of environmental impacts resulting from landscape tree removal; 4. Enforce tree preservation and landscaping standards to promote and protect the public health, safety and welfare of the community. 5. Increase and maintain property values; 6. Enhance energy conservation through natural insulation and shading; 7. Prevent or reduce soil erosion, sedimentation and stormwater runoff; 8. Protect privacy by maintaining buffers between land uses; and 9. Preserve the variety and extent of trees which exist in the City and which are an integral part of this City's identity. B. City Authority. To preserve protected trees, the City may: 1. Require and enforce a tree preservation plan as described below; 2. Specify trees or groups of trees for preservation; 3. Specify grading limits; 4. Require the clustering of buildings or the relocation of roads, drives, buildings, utilities or storm water facilities when this would preserve protected trees; 5. Specify time periods in which tree cutting, trimming or injury may not occur in order to prevent the spread of disease; and 6. Require easements to ensure that groups of significant trees are not destroyed after the development has been approved. Subd. 2 Tree Preservation Plan. 221909v1 A. Scope. A Tree Preservation Plan is required as part of an application for: 1. New building construction in any zoning district; 2. An expansion of an existing building or hard surface by ten percent or greater, where an approved tree preservation plan is not on file with the city; 3. Any project for which a city grading permit or erosion control permit is required 4. A plat or minor subdivision. B. Tree Preservation Plan Submission Requirements. A Tree Preservation Plan must include a tree survey certified by a registered land surveyor, landscape architect, or forester. See Appendix A for details on the requirements of a Tree Preservation Plan. Projects on residential sites of fewer than two lots are not required to have tree surveys certified. Applicants are encouraged to consult with city staff concerning preservation of protected trees before developing a Tree Preservation Plan. C. Review Process. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve significant trees and to enhance the efforts to minimize damage to significant trees. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest significant trees are destroyed or damaged. Subd. 3 Performance Guarantee. A. Any applicant required to submit a tree preservation plan shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading to insure completion and maintenance of all landscaping and trees in accordance with the approved tree preservation plan required hereunder. B. The amount of a bond or other approved financial surety shall be 125% of the cost of materials and installation. C. The bond or other financial surety shall be provided prior to the issuance of any building or grading permits and shall be valid for two full years, from the date of installation. D. For any tree that is not in accordance with the approved tree preservation plan at the end of two growing seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. Subd. 4 Compliance with Plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated. A. Tree Removal Prior to Approval. No significant trees shall be removed until a tree preservation plan is approved by the city and except in accordance with the approved tree preservation plan. 6 221909v1 B. Inspection. The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met. C. Unapproved Tree Loss. If a tree that was required to be preserved is removed or damaged so that it is in a state of decline within two growing seasons from date of project closure, it must be mitigated at a rate of 2: 1, or two caliper inches of trees replaced for every caliper inch of tree removed. This provision also applies to an easement area that is disturbed during or after development. The City may use the performance guarantee to accomplish this. Subd. 5 Tree Removal and Preservation. A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or killing trees when: 1. Fewer than ten (10) percent of the caliper inches of the significant trees on the property are cut, removed, or killed 2. There is an existing principal use on the property and no construction, grading, or development is to occur in the location of the removed tree(s) within two years thereafter. 3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees. B. Reduced Requirements. Mitigation requirements can be reduced as determined by the City Council when there is a greater public good such as; 1. Allowing for LEED Certified architectural practices; 2. Providing affordable housing; 3. Allowing for a public road or trail; or 4. Providing for a public utility service. C. Planned Unit Developments. A PUD plan for a new subdivision will be approved only if it demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines and building pads that minimize tree loss. Mitigation must be provided for any removal of significant trees. D. Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on the subject property shall be removed from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees shall not count toward calculation of significant tree inventory. E. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroyed by unnatural causes within two years before a development application will be regarded as if it were present at the time of construction or a development application. Subd. 6 Approved Tree Mitigation. A. Mitigation Standards. Mitigation for tree removal of significant trees must meet the following specific standards; 7 221909v1 1. Mitigation Rate. Significant live trees lost or reasonably anticipated to be lost as a result of building, construction, or grading immediately or in the future, shall be replaced by the property owner by planting that number of caliper inches of trees ("replacement trees") determined at a rate of 1:2 or one inch replaced for every two inches lost. The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. 2. Mitigation Species. Replacement trees shall be of a species similar to the trees which are lost or removed and shall include those species pre -approved in writing by the City. The City maintains a list of trees provided for guidance in selection of trees and shrubs. 3. General Mitigation Standards. a) All replacement trees shall meet the American Standards for Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and burlapped and spade -moved trees. b) Trees planted in accordance with mitigation requirements shall not be comprised of more than 25 percent of the same species or size unless approved by the city. c) Replacement trees shall be planted on the same property from which the trees were removed. If the City determines, at its sole discretion, that the number of replacement trees to be planted exceeds the number of trees that can be accommodated practically on -site, off -site planting may occur at locations to be determined by the City, or a landscaping fee in lieu of off -site planting may be required as provided in paragraph d below. d) Where tree replacement on -site in satisfaction of Subd. 6.A above is not practical and a suitable off -site location cannot be determined by the City, a landscaping fee in lieu thereof may be assessed for the replacement required. The landscaping fee amount shall be the cost of materials and installation of tree s t plus ten (10) percent, and shall be provided by the applicant and approved by the City. All landscapes funds collected shall be expended exclusively towards landscaping, as defined by the ordinance, for implementation of the goals listed in Subd. 1 of this section and Section 1325.05, Subd. I.A. e) Development that is subject to the landscape requirements in Section 1325.05 of the Zoning Code may count preserved trees towards the required landscaping plan. The planting of trees for mitigation shall be in addition to the landscape requirements of Section 1325.05 and shall be replaced in accordance with paragraph c and/or d above. f) The required mitigation trees shall be replaced by the property owner or original developer if they have died or have severely declined after the second full growing season following installation. A tree shall be considered to be severely declined if more than 25 percent of the crown has died. Subd. 7 General Tree Protection Standards. A. Prior to Construction. Before construction, grading or land clearing begins; trees or tree areas that are to be preserved shall be visibly marked and the city -approved tree protection fencing or other method shall be installed and maintained at the critical root 8 221909v1 zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan. This fencing shall be inspected by city staff before site work begins. B. During Construction. The following activities shall be prohibited within the critical root zone areas of trees to be protected. 1. Trenching; 2. Temporary storage of any construction materials or chemicals; and 3. The routing or parking of heavy equipment, including cars, trucks, bulldozers and construction trailers. 4. Sediment and erosion control. All sediment and erosion -control silt fencing or straw bales shall be placed at the limits of grading or where needed to minimize the deposition of sediment within the drip line of the protected tree(s). 5. Attaching protective devices, signs, etc., to trees is prohibited. No protective devices, signs, utility poles or lines, or other objects shall be nailed or attached to any trees that are to be preserved. 6. Other actions prohibited. Any other action within the drip line of the protected tree(s) that may result in the severing of roots or compaction of soil, or that may impede the free access of air and water to tree roots, shall be prohibited. C. Ponding. Water retention ponding may not be located where there are significant trees, unless approved by the city. The water retention ponding must be created in a manner that prevents erosion into any nearby water resource. D. Amendments to Plan. An amendment to the tree preservation plan shall be required prior to the removal of trees that were designated for preservation on the original tree preservation plan. The amendment shall be subject to City approval prior to implementation. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this 28th day of November, 2022, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage 9 221909v1 2� AKFN H��.�.� Attachment B SUMMARY ORDINANCE NO. 2022-007 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1325 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on November 28, 2022, Ordinance No. 2022-007 was adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2022-007, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council revises and updates the City's current tree preservation ordinance to clarify when a mitigation plan is required for extensive tree removal on a parcel of land, what is required of a landscape plan and the calculation of fees for tree loss when replanting on the affected site is not practical, and clarifies that those collected fees can be expended for tree and landscape purposes. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at http://www.cityofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this 28th day of November, 2022. CITY OF ARDEN HILLS :A ATTEST: Julie Hanson, City Clerk David Grant, Mayor Published in the Pioneer Press , 2022 2237540 CONSENT ITEM — 71) ,-iIZEN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Ordinance 2022-008 Revisions to Chapter 2 Section 210, Subsection 210.03 Subd. 5 Regarding the Initial Council Meeting of the Year Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Ordinance 2022-008 Amending Chapter 2 Section 210, Subsection 210.03 Subd. 5 regarding the initial Council meeting of each year. Ordinance revisions requires a simple majority for approval. Discussion This change was previously requested by the City Council to ensure the City follows State Statute regarding its annual/initial meeting, but still provide flexibility on the timing of this meeting. At the annual/initial meeting the Council needs to address certain items, such as, naming the official depositories of the City and the official newspaper. With this new language, the Council will still accomplish these items at its first held meeting in January, but will have flexibility in -terms of when to actually hold that meeting. Budget Impact N/A AttnehmPnt Attachment A: Ordinance 2022-008 Page 1 of 1 It HiLLS Attachment A ORDINANCE NO.2022-008 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 2, SECTION 210, SUBSECTION 210.03, SUBD. 5, OF THE ARDEN HILLS CITY CODE REGARDING THE INITIAL MEETING OF THE YEAR THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 2 Administration, Section 210, Subsection 210.03, Subd. 5 Initial Meeting., is hereby amended by deleting stfikethr-ougk language and adding the underlined language as follows: Chapter 2 — Administration Section 210 — City Council Subsection 210.03 Council Meetings, Subd. 5 Initial Meeting 210.03 Subd. 5 Initial Meeting. At the first-reguta-r--Council meeting be] in January of each year the Council shall: A. Designate the depositories of City funds; B. Designate the official newspaper; C. Choose one of the Councilmembers as acting Mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City or, in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies; and D. Appoint such officers and employees and such members of boards, commissions, departments and committees as may be necessary. SECTION 2. This Ordinance shall become effective immediately upon its passage and publication according to law. PASSED and ADOPTED this 28th day of November, 2022, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS LI ATTEST: Julie Hanson, City Clerk David Grant, Mayor Published in the Pioneer Press on .2022 To view the final document, access adopted Ordinances via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage CONSENT ITEM — 7E 'It EN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Resolution 2022-052 Decertifying TIF Renewal and Renovation District 1-4, Presbyterian Homes Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion(s) to approve, table or deny the following: • Resolution 2022-052 Decertifying Tax Increment Financing Renewal and Renovation District No. 1-4, Presbyterian Homes. • Retain available cash for Pooling for Renewal and Renovation All items need a simple majority for action unless otherwise noted. Background TIF District 1-4 (Pres Homes) is a renewal and renovation district that was created in 2010. On August 1, 2022, the last payment was made on the TIF Note to Presbyterian Homes, therefore the City is required to decertify the TIF district per statute (no outstanding obligations of the District). The District is being decertified seven (7) years in advance of its legal term due to the aforementioned. The City has three (3) options available to them for the anticipated cash balance as previously discussed by the City Council at its November 21st work session. At that work session, Council directed Staff to proceed with Option #2. Option #2 allows the City to use approximately $393,000 for acquisition of blighted property or to make public infrastructure improvements that are needed to spur or in conjunction with redevelopment activities. The City could also develop a program where residential properties could utilize these funds as long as the met the criteria established in TIF law. Budget Impact The tax base for the City will be increased by the net capacity captured by the TIF District for taxes payable in 2023. This amounted to $367,689 for 2022. Page 1 of 2 Attachments A. Resolution 2022-052 Decertifying Tax Increment Financing Renewal and Renovation District No. 1-4, Presbyterian Homes Page 2 of 2 'It --AI�DEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2022-052 Attachment A RESOLUTION DECERTIFYING TAX INCREMENT FINANCING RENEWAL AND RENOVATION DISTRICT NO. 1-4, PRESBYTERIAN HOMES WHEREAS, in 2010, the City of Arden Hills (the "City") established its Tax Increment Financing Renewal and Renovation District No. 1-4, Presbyterian Homes (the "District"); and WHEREAS, Minnesota Statutes, Section 469.174 to 469.179 (the "TIF Act") authorizes the City Council to decertify a tax increment financing district when the term of the district expires or once the obligations of the district have been paid in full; and WHEREAS, the City desires by this resolution to decertify the District effective December 31, 2022, by which taxing jurisdictions will benefit from an increased tax base effective for taxes payable in 2023; and WHEREAS, the City Council acknowledges such action will be taken by Ramsey County to decertify the District as a tax increment district and will not remit tax increment from the District to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the Finance Director is authorized and directed to provide Ramsey County with documents related to decertification of the District, to submit the Confirmation of Decertified TIF District form to the Office of the State Auditor and take any other steps required for decertification by December 31, 2022. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF NOVEMBER, 2022. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM — 7F ,-ARZEN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Snelling Avenue North Street and Utility Improvements — Payment No. 4 Budgeted Amount: Actual Amount: Funding Source: $1,497,000 $1,622,585 PIR, Special Assessments Future MSA, Utility Funds Council Should Consider Motions to approve, table, or deny the following: • Payment No. 4 for the Snelling Avenue North Street and Utility Improvements Project to T.A. Schifsky & Sons, Inc. in the amount of $79,756.80. All items need a simple majority for action unless otherwise noted. Background/Discussion On April 11, 2022, City Council approved Resolution 2022-020 Awarding the 2021 PMP Street and Utility Improvements construction contract to T.A. Schifsky & Sons, Inc. The project is substantially complete. The utility improvements have been completed, the trail has been constructed and the final paving course of the street has been placed. Still to complete is final restoration and punch list items that will be completed Spring of 2023. The retainage will be reduced to 3.5% with this payment and withheld until the work is completed in accordance with the contract documents. Payment No. 4 is in the amount of $79,756.80. Bolton & Menk has provided a recommendation to accept Payment No. 4 (Attachment A). Staff recommends that Council approve Payment No. 4. Page 1 of 2 Budget Impact Total Construction Expenses: Original Contract Amount: $ 1,277,585.49 Other Expenses: Engineering Design: $ 112,172.00 Construction Mgmt: $ 87,684.00 Gen Admin & Legal: $ 20,000.00 Material Testing: $ 47,000.00 Const. Continaencv: $ 78,143.00 $ 1,622,584.49 Attachments Attachment A: Bolton & Menk Letter of Recommendation Attachment B: Pay Request No. 4 Page 2 of 2 O LNK Real People. Real Solutions. November 17, 2022 Mr. David Swearingen, P.E. City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Attachment A 12224 Nicollet Avenue Burnsville, MN 55337-1649 Re: Pay Application No. 4 Snelling Avenue North Street & Utility Improvements City of Arden Hills, Minnesota BMI Project No. OT1.124965 Dear Mr. Swearingen: Ph: (9521890-0509 Fax: 19521890-8065 Bolton-Menk.com We are recommending approval of the enclosed Pay Application No. 4 and payment to T.A. Schifsky & Sons, Inc. Please request approval from the Mayor and Council at the November 28, 2022 Council Meeting. If approved, please sign the Pay Application, and return a copy of each to me. I will then forward the signed copies to T.A. Schifsky & Sons, Inc. for their records. Please call if you have any questions regarding this recommendation or the enclosed pay application. Sincerely, Bolton & Menk, Inc. Brad Fisher, P.E. Project Engineer Enclosures H:\ARDH\OT1124965\7-Construction\D-PayApplications\PayApp 4\Payment Recommendation Letter\20221117 Pay Application No 4 Recommendation.docx Bolton & Menk is an eaual 0000rtunity e Attachment B CONTRACTOR'S PAY REQUEST �II1 BO LTO N DISTRIBUTION: CONTRACTOR (1) 2022 SNELLING AVENUE NORTH STREET & UTILITY r 1 & MEN K IMPROVEMENTS OWNER (1) Real People. Real Solutions. ENGINEER (1) CITY OF ARDEN HILLS - PW-20-0100 BMI PROJECT NO. OT1.124965 TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS $1,277,585.49 TOTAL, COMPLETED WORK TO DATE $1,190,063.50 TOTAL, STORED MATERIALS TO DATE $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS $1,190,063.50 RETAINED PERCENTAGE ( 3.5% ) $41,652.22 TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $1,148,411.28 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $1,068,654.48 PAY CONTRACTOR AS ESTIMATE NO. $79,756.80 CERTIFICATE FOR PARTIAL PAYMENT I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. Contractor: T. A. Schifsky & Sons, Inc. 2370 E. Hwy 36 North St. Paul, MN 55109 By VP of Operations Name Title Date 11-21-2022 CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: ENGINEER: BOLTON & MENK, INC., 12224 NICOLLET AVE, BURNSVILLE, MN 55337 By CONSULTING ENGINEER Date 11 /21 /2022 APPROVED FOR PAYMENT: OWNER: By Name Title Date And Name Title Date 0 O O z z W Yr W U) J_ Z o Z a z U J Q W z LL U) O CL N } N U G O O O O O CD O l n O O O O O O O O O O O O O O O O O O O O O O L() V M O O l n (D O O O V O O O O O O V O O U[) O I h O O 0 0 O O 0 0 LC) (n N W O O O W cl) 0 M M 0 0 0 a 00 LO C O L O 0 7 0 7 V 0 0 0 V 0 C O I-- M 0 S O M L O w HZ 0001--LD OO CM N OOOO I--V V 00 LD V 00 I-- LD (D N(D OON V LD0 04000)1-0 LDS OCD ON 0 V 00 6S oCD I-- 00 0000 CA 00 V EA 00 000 I-- W V W r to r too N f- 0C) EA to CD 00 O LD 00 N Ce)W to LD CDN LD W LD 00 LC) I� W Q 7 'L O C LC) N N -,* M N 7 Ln 00 6'�' N 00 6'�' N W 6" N CD LD N OC LD N V C M (A (3 M'It r M r O N LO LD V) M N W N W r V LO LC) CO V 0 Cl 't 0 P� LD a0 oD 0 LO (q N N V M M M V O N (q r 4 M f� (D V3 fA fA 64 V3 EH V3 fA fA 6q V3 EH V3 H3 Q9,6q fi? 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W LU:j J UtnJJJ(nU ' zzoo ZJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J 0 0 0 0 0 0 0 0 0 0 V%CY CO N Cl) r LO N LO N O) OD le N N N LO M N Mr M M M 00 W Ln Lf)N�rM00NO LO Nr N Lf) —MMrN000MN NM07N� r W CY) r O O V OO O O V V 0) M OOM O Ln OM Ln OO N Ln Ln0000000000 r 0 Ln 0 Ln 0 0 0 Ln f0 O O Ln O N O Ln 0000 N Ln fD a0 L) 0 M N F VO O0 LC)m r O� 0rM_NLn Lf) fA M toLO 0 O0O N O r N Ln N O O OOO N 70 LC)O LC) N M r Cf) M M 00 Cf3 EH ff3 H3 r V Cf) C!> j64 63 ELo A fA fA fA V3 GPI 6q fA O fA W M 6p- fA 063 a CA 6f3 N EA fA EA m U in X cV H Z J Q04 N L w O ago Q (n 7 F p Lo N F Cn U 0 ~ co CC) 1U11 LU m Z ~ Z O W W oo1Uy1 mU � LL 0 O (DZZ W W W Of ZZ U O F 00 >? w 9 C� fn ZW ~ ~ U zL)0tn WODLU ow t~n 0 w0a OZZU�w Off ���cn �� 0�—_J �p 0���a=Uaz ~¢ Op } x20 Oww0w Optn aU9 WwZ av> �Qw aEi U�Owwo0 xLLOUwwU 20(D) }m?xFs UrzwFJm P �a O� JRZZ ~ UJ-Joo>w-jU� J WXCOmf LL U O Z xtn FJ aQQJaa 2W ¢��Opp>0U 0LLO �Wzzoo gJwx LU2o0LLwvvww0wmUe-L M-0 WnZow 0zOwz2�o< �w2 ¢ a U U— 0 W W Z W WWW III WU ROLLD OF ��O — ZJHaLLD W Z D <OU— �0zOLL w UUa co Z w o Z ZW0JZ mW F�CnnoUUZpa¢,Qaa�iWO�WW -p p 2J2LLOo m p ¢�OOLL�U0000 ULLw���}U�F�LU - US 0 "T Qof U¢UUZ- <OiMUU<oF.-PwZZF0ZCnfnU(nC) V N V aU wO OLnLoUnV) NCM V Ln f0 nLnLnLnf0Of0cocccof0Cflf0Cflrrrrrrrrrr r OD 0)0 NM V Ln f0 r OD 0)0 NM V Ln f0 r00)O 0 W rz 0 m a PUBLIC HEARING — 9A ,-ARZEN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault., City Administrator FROM: Gayle Bauman, Finance Director SUBJECT: Public Hearing Regarding Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Holding a Public Hearing regarding delinquent utilities. Background Water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Page 1 of 1 NEW BUSINESS —10A ,-ARZEN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Gayle Bauman. Finance Director SUBJECT: Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion to approve, table or deny the following: • Resolution 2022-053 certifying delinquent utilities to Ramsey County. All items need a simple majority for action unless otherwise noted. Background Delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated October 19, 2022 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 21, 2022. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2023. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The list of remaining delinquent utility accounts is attached. The City will request that Ramsey County levy the delinquent balances against the respective properties. Attachments Attachment A: Resolution No. 2022-053 and Delinquent Utility Accounts List Page 1 of 1 Attachment A �S EEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2022-053 RESOLUTION ADOPTING AND CONFIRMING QUARTERLY SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statues; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspection, and an opportunity has been given to all interested parties to present objections if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels of land described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2022, payable in 2023: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28t" DAY OF NOVEMBER, 2022. ATTEST: JULIE HANSON, CITY CLERK DAVID GRANT, MAYOR To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. 223023110037 012379-000 1165 Amble Drive 152.41 215.74 16.56 384.71 30.78 415.49 343023210016 001920-000 1437 Arden Place 91.86 114.41 16.56 222.83 17.83 240.66 343023230017 002369-000 1532 Arden Place 151.40 171.86 16.56 339.82 27.19 367.01 223023240216 000223-000 4361 Arden View Court 63.32 70.23 21.48 155.03 12.40 167.43 223023240326 000375-000 4370 Arden View Court 106.40 119.30 21.48 247.18 19.77 266.95 223023240240 003444-000 4412 Arden View Court 137.84 164.31 21.48 323.63 25.89 349.52 223023240239 011640-000 4413 Arden View Court 95.11 117.72 21.48 234.31 18.74 253.05 223023240275 000290-000 4442 Arden View Court 89.48 110.32 21.48 221.28 17.70 238.98 223023240322 009989-000 4478 Arden View Court 170.55 137.43 21.48 329.46 26.36 355.82 223023210007 003937-000 1343 Arden View Drive 125.69 150.63 21.48 297.80 23.82 321.62 223023210040 000398-000 1354 Arden View Drive 66.31 75.45 21.48 163.24 13.06 176.30 223023210104 000498-000 1438 Arden View Drive 69.58 80.92 21.48 171.98 13.76 185.74 223023210108 000502-000 1444 Arden View Drive 7.09 159.84 21.48 188.41 15.07 203.48 223023210117 005368-000 1450 Arden View Drive 75.58 90.21 21.48 187.27 14.98 202.25 223023240167 012351-000 1466 Arden View Drive 81.60 120.47 21.48 223.55 17.88 241.43 213023410028 006494-000 1675 Brueberry Lane 128.55 158.41 21.48 308.44 24.68 333.12 343023410055 001808-000 1171 Carlton Drive 233.62 277.57 16.56 527.75 42.22 569.97 223023310014 012582-000 1348 Colleen Avenue 168.69 159.08 16.56 344.33 27.55 371.88 223023310008 012973-000 1414 Colleen Avenue 293.05 62.51 16.56 372.12 29.77 401.89 223023320026 008331-000 1469 Colleen Avenue 132.58 131.91 16.56 281.05 22.48 303.53 343023210002 011863-000 1392 County Road E W 134.65 161.94 16.56 313.15 25.05 338.20 343023210005 012664-000 1412 County Road E W 82.26 120.47 16.56 219.29 17.54 236.83 283023240027 012455-000 1929 County Road E2 W 542.76 146.23 16.56 705.55 56.44 761.99 333023330041 012811-000 1976 Edgewater Avenue 397.78 308.94 16.56 723.28 57.86 781.14 333023340067 009129-000 1927 Glenpaul Avenue 105.76 129.92 16.56 252.24 20.18 272.42 333023330074 004091-000 1960 Glenpaul Avenue 1,420.20 162.56 16.56 1,599.32 127.95 1,727.27 333023330057 003236-000 2015 Glenpaul Avenue 96.11 120.47 16.56 233.14 18.65 251.79 333023240027 002204-000 1840 Grant Road 97.13 132.49 16.56 246.18 19.69 265.87 333023240030 001805-000 1860 Grant Road 57.24 62.54 16.56 136.34 10.91 147.25 333023240019 008210-000 1873 Grant Road 65.89 76.64 16.56 159.09 12.73 171.82 333023240032 002096-000 1876 Grant Road 216.96 209.23 16.56 442.75 35.42 478.17 223023340036 000231-000 4101 Hamline Avenue N 105.75 120.63 16.56 242.94 19.44 262.38 163023340015 001285-000 4627 Highway 10 120.23 142.56 16.56 279.35 22.35 301.70 343023140028 012757-000 1138 Hunters Court 192.98 235.27 16.56 444.81 35.58 480.39 223023310059 012560-000 1424 Indian Oaks Court 214.37 210.35 16.56 441.28 35.30 476.58 333023240108 012524-000 1850 Indian Place 175.04 156.01 16.56 347.61 27.81 375.42 223023340034 000355-000 4126 James Circle 183.06 152.90 16.56 352.52 28.20 380.72 213023430017 001534-000 1791 Janet Court 114.54 142.57 16.56 273.67 21.89 295.56 223023120013 000569-000 1307 Karth Lake Circle 154.30 178.82 16.56 349.68 27.97 377.65 223023120007 000990-000 1337 Karth Lake Circle 97.44 120.47 16.56 234.47 18.76 253.23 333023110036 001551-000 1611 Lake Johanna Boulevard 195.06 172.82 16.56 384.44 30.76 415.20 333023340020 001884-000 3223 Lake Johanna Boulevard 74.24 87.12 16.56 177.92 14.23 192.15 333023420038 001969-000 3290 Lake Johanna Boulevard 194.56 178.80 16.56 389.92 31.19 421.11 333023310008 012881-000 3333 Lake Johanna Boulevard 132.60 161.75 16.56 310.91 24.87 335.78 283023120052 001575-000 1761 Lake Valentine Road 126.99 143.60 16.56 287.15 22.97 310.12 213023120004 005384-000 4541 Lakeshore Place 156.79 163.29 18.38 338.46 27.08 365.54 223023330015 004713-000 4149 Norma Avenue 75.54 89.36 16.56 181.46 14.52 195.98 223023320013 000743-000 4283 Norma Avenue 508.58 526.11 16.56 1,051.25 84.10 1,135.35 213023140007 001276-000 4375 Old Highway 10 22.21 120.47 16.56 159.24 12.74 171.98 213023140006 001271-000 4401 Old Highway 10 22.21 120.47 16.56 159.24 12.74 171.98 343023330050 001671-000 3130 Ridgewood Road 58.87 65.03 16.56 140.46 11.24 151.70 343023440065 002637-000 3194 Shoreline Lane 107.22 120.47 16.56 244.25 19.54 263.79 343023440066 002643-000 3195 Shoreline Lane 97.42 146.13 16.56 260.11 20.81 280.92 343023310015 002293-000 3354 Snelling Avenue N 59.71 66.10 16.56 142.37 11.39 153.76 333023320008 005251-000 2000 Stowe Avenue 105.37 130.98 16.56 252.91 20.23 273.14 283023330011 007090-000 1971 Thom Drive 72.01 85.10 16.56 173.67 13.89 187.56 283023330012 003256-000 2023 Thom Drive 142.28 175.78 16.56 334.62 26.77 361.39 343023420038 001716-000 1291 Tiller Lane 124.78 120.47 16.56 261.81 20.94 282.75 283023240018 001154-000 1839 Venus Avenue 75.55 113.95 16.56 206.06 16.48 222.54 9,367.15 8,567.13 1,042.82 18,977.10 1,518.14 20,495.24 NEW BUSINESS —10B ,-ARZEN HILLS MEMORANDUM DATE: November 28, 2022 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #22-019 — No Public Hearing Required Applicant: Ahmed Ali and Nawal Hirsi Property Location: 3588 Ridgewood Road Request: Variance Budgeted Amount: N/A Council Should Consider Actual Amount: Funding Source: N/A N/A Motions to approve, table, or deny the following: • Adoption of Resolution 2022-054 for Planning Case 22-019 for a variance for future development of a single-family residential dwelling for the property located at 3588 Ridgewood Road ("Subject Property"). To construct the proposed single-family residential dwelling, Ahmed Ali and Nawal Hirsi ("Applicants") are requesting three variances: o Lot Depth: The nonconforming property has a lot depth of 97.4 feet. The minimum lot depth in the R-1 Zoning District is 130 feet. o Setbacks: The applicants propose a 10 foot setback from the property line abutting Snelling Avenue North and a 16 foot setback from the property line abutting Ridgewood Road. The minimum front yard setback in the R-1 Zoning District is 40 feet. o Driveway Access: The applicants propose the driveway access off Snelling Avenue North. City Code requires access to be obtained from the local street - Ridgewood Road. Approval of a Variance requires an affirmative vote of three councilmembers. Page 1 of 11 Background 1. History for the Sale of the City Owned Parcel At the August 16, 2021 Work Session, the Arden Hills City Council first discussed selling the city -owned parcel at 3588 Ridgewood Road —now the Subject Property of this planning case. At the subsequent meeting, the Planning Commission reviewed the interest in selling the parcel for consistency with the City's Comprehensive Plan. The City has verified that the parcel is not dedicated for a public purpose that would prohibit the sale (i.e. park land or public improvements) or as a site for future development to meet the needs of city infrastructure or operational activities, and it was found that the sale of the Subject Property would be in compliance with the City's Comprehensive Plan. During the discussions, the City was evaluating the parcel size based off of Ramsey County Property Records and GIS mapping as there was no certificate of survey on record for the Subject Property. Ramsey County Property Records have the deeded acreage as 0.31 acres (approx. 13,500 square feet). The Subject Property came from the State through the County as part of the turn back of the Old Snelling Avenue (now referred to as Snelling Avenue North) corridor ROW to the City. Based on the best information available from Ramsey County, city staff initially identified that the total lot area of the parcel would be nonconforming since the minimum lot area requirement in the R-1 District is 14,000 square feet. A preliminary analysis of lot dimensions was completed as part of the Planning Commission review utilized the County's GIS mapping in order to garner the approximate lot width and lot depth. Over the next year, city staff worked through the process to facilitate the sale of the Subject Property. On August 8, 2022, the City Council approved the purchase agreement for the Subject Property from Ahmed Ali and Nawal Hirsi. The purchase agreement included an acknowledgement of the Applicant's responsibility for all costs associated with due diligence which includes the variance review due to the nonconforming lot size. As part of the due diligence via a survey, it was determined that the lot measured approximately 14,472 square feet, and would not require a variance for lot area but would require a variance for lot depth. The Applicants requested feedback on the variance request at the City Council Work Session meeting on October 17th ahead of the Planning Commission review. The discussion amongst the City Council was generally supportive of the driveway access off of Snelling Avenue N., but there was consensus that the Applicants should consider moving the house placement slightly north in order to gain more room from the adjacent parcels. The Applicants did shift the house location slightly to the north for the full submission. Since the concept review, the proposed setback from Ridgewood Road has been modified from 12 feet to 16.3 feet, and from 10 feet to 14.1 feet adjacent to the south side yard property line. At their November 9, 2022 meeting, the Planning Commission reviewed the variance request on the Subject Property. After discussion, the Planning Commission voted to recommend approval of the non -conforming lot depth variance by a 7-0 vote. The Planning Commission also recommended denial of the parcel setbacks and driveway access variance by a 4-3 vote. The Planning Commission cited the following reasons for this denial: The degree of the setback variance requested is too significant. The site is to be accessed from Ridgewood Road and access off of Snelling is not recommended for safety reasons. Page 2 of 11 2. Existing Site Conditions: 3588 Ridgewood Road, the Subject Property, is zoned R-1, Single -Family Residential District. It is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The subject property is currently undeveloped. All surrounding parcels are also zoned R-1, Single Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. 3. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Vacant Zoning: R-1 Single Family Residential District Lot Size: 0.33 acres/14,472 square feet 4. Proposed Use The Applicants are requesting a variance for the nonconforming lot depth, to decrease the required front yard setback from 40 feet to a 10 foot setback from the property line abutting Snelling Avenue North and a 16 foot setback from the property line abutting Ridgewood Road, and the driveway access off Snelling Avenue North rather than from the local street - Ridgewood Road. Due to the nonconforming lot size of the Subject Property, the City Attorney has confirmed that a variance would be required for lot depth for future development of the site. The listing agreement did specify that a variance would be necessary due to the nonconforming lot size and it would be the responsibility of the Future Buyer to provide documentation including, but not limited to, a certificate of survey, elevation renderings, and floor plans in order to verify compliance with applicable city code requirements such as setbacks, lot coverage, floor area ratio, and other design standards with the proposed development as part of the variance review process. According to the Applicants narrative, the Subject Property includes unique circumstances due to its irregular shape, topography, and orientation of adjacent properties. Therefore, the Applicants have made the decision to also pursue a variance from the required front yard setback and driveway access. The Applicants have stated they would intend to meet applicable building codes and all other regulations in the R-1 District. 5. Approvals The City Council is being asked to determine whether a variance request for flexibility on lot depth, front yard setbacks, and driveway access should be approved. A certificate of survey has been submitted showing the location of the proposed dwelling and driveway. The evaluation of the proposal should be based on the District Provisions in Section 1320, General Regulations in Section 1325, and the Requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1, Single Family Residential Zoning District) —Section 1320.06 Page 3 of 11 Lot Size and Dimensions The Subject Property came from the State through County as part of the turn back of the Old Snelling Avenue corridor ROW. The lot is considered a nonconforming lot. Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 14,000 square feet per single-family dwelling unit and a minimum depth of 130 feet. The Applicants did obtain a certificate of survey which verified that the total lot area of the Subject Property is 0.33 deeded acres (14, 472 square feet), but the lot depth has a mean depth of 97.4 feet. The Applicants is requesting a 32.6 foot lot depth variance to address this nonconformity in lot size. As previously noted, the lot size from staff s initial analysis would require a variance prior to future development as confirmed by the City Attorney. From the recent survey completed by the Applicants, the City identified that the total lot area of the parcel is slightly larger than the property information available on the County records. City staff contacted Ramsey County and it was their direction to use the boundary dimensions and lot area calculations as shown on the official survey as this document was prepared by a licensed surveyor. They indicated that the County's GIS map is only an inventory of tax records based upon the best available information. Certificate of Survey feet v % Y 0.4 r 116 f 1 j Building Fad Structure Setbacks In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The minimum side yard setbacks on an interior lot are 10 feet on each side with a combined total side yard setback of 25 feet. The Subject Property is a Through Lot by definition - "A lot that has a pair of opposite lot lines on two substantially parallel streets and is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. " Section 1325.03, Exceptions to the Minimum Requirement for All Districts states for a Through Lot that "The administrator may determine that one of the front yards may be deemed a rear yard and shall determine appropriate rear yard setback regulations. Factors to be considered shall include topography, location of structures on the lot, location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot. " Page 4 of 11 For purposes of the variance request before the City Council, city staff has not made a determination of deeming one of the front yards (i.e. Ridgewood Road or Snelling Avenue North) a rear yard. In processing this variance request, city staff has identified both the east and west road frontages as front yards. As noted in the code, one of the factors for consideration in granting an exception is the location of structures on the lot. The Applicants are requesting their driveway access off of Snelling Avenue North and have orientated the front of the house towards Snelling Avenue North with the rear of the house off of Ridgewood Road. Based on the outcome of the variance, city staff will reevaluate whether to deem one of the road frontages a rear yard subject to rear yard setbacks. The Applicants are requesting a front -yard setback variance —abutting Ridgewood Road —to allow a future dwelling to be built 16 feet from the front property line. The Applicants are also requesting a front -yard setback variance —abutting Snelling Avenue North —to allow a future dwelling to be built 10 feet from the front property line. The Applicants are not requesting a side yard setback variance. The following table provides a summary of the setbacks for the immediately adjacent parcels obtained from City property records (i.e. certificate of survey or building plans) and Ramsey County GIS Mapping. Some of the distances are approximate based on the information available. Front Setback — Rear Setback — Side Setbacks - 40' 30' 101/25' 3583 Snelling Ave. 42.5' — Snelling Ave. 30.87' - Ridgewood 10' (north)/ N. N. Rd. 40'/Combined 3570 Ridgewood Rd. 40' — Ridgewood Rd. 70' — Snelling Ave. N. 16' (north)/30' (approx.) combined Front Setback — Front Setback — Side Setbacks - 40' 40' 101/25' 3588 Ridgewood Rd. 16'— Ridgewood Rd. 10'— Snelling Ave. 10' (south)/69' — Proposed N. combined (approx.) Driveway Access Section 1325.06, Subd. 1 (B) — Access of the Zoning Code requires "any residential lot, which has frontage on both a local street and a collector street or a major or minor arterial (as defined by the Comprehensive Plan of Arden Hills), [to] gain access only from the local street." The Applicants are requesting a variance from this provision to construct a future driveway off Snelling Avenue North —a collector street, instead of Ridgewood Road —a local street. As proposed, the driveway off of Snelling Avenue North would have a 10% slope. The Applicants have stated that from the street to the garage there is an elevation change of 20 feet which would make for unsafe conditions to have their driveway access off of Ridgewood Road. Other City Codes - Landscaped Area, Structure Coverage, and Floor Area Ratio At this time, the Applicants have chosen not to include calculations for floor area ratio. Before finalizing their home design, the Applicants are looking to complete the City review of the current variance request. The Applicants will finish the design of a future structure depending on the outcome of the variance request. The certificate of survey identifies the proposed house Page 5 of 11 footprint would equate to 15.4% structure coverage (max allowed 25%) and 23.2% impervious (max allowed 35%). The table below provides the district standards for the R-1 District and the preliminary analysis for the proposed development: Required Proposed Lot Area Minimum 14,000 SF 14,472 SF Lot Width/Depth 95'/130' 95.96'/97.4' Front Yard Setback — Minimum 40' 16' Ridgewood Road Front Yard Setback — Minimum 40' 10, Snelling Avenue North Side Yard Setback 10' Minimum/ 14' (south)/ 25' Combined 69.9' Combined Driveway Access Local Street — Ridgewood Collector Street — Snelling Road Avenue North Landscaped Area Greater than 65% (Minimum 76% 9,407 SF Structure Coverage Less than 25% (Maximum 15.4% 3,618 SF Floor Area Ratio Less than 0.3 (Maximum N/A 4,341 SF Minimum 20' 46' Dwelling/Structure Width 2. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The Council should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the City Council may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements — Section 1355.04, Subd, 4 The Applicants are requesting a variance for the nonconforming lot depth, to decrease the required front yard setback from 40 feet to a 10 foot setback from the property line abutting Snelling Avenue North and a 16 foot setback from the property line abutting Ridgewood Road, and the driveway access off Snelling Avenue North whereas city code requires access to be obtained from the local Page 6 of 11 street - Ridgewood Road. The City Council will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicants do not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The Applicants have stated the variance request for 3588 Ridgewood Road is consistent with the purpose and intent of the R-1 Zoning District and with the policies within the City's Comprehensive Plan. A single-family detached dwelling is a permitted use within the Low Density Residential land use designation and the R-1 Zoning District. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The Subject Property is non -conforming with the R-1 district standards due to the preexisting lot depth. The Applicants have stated that without the granting of some form of variances the property would not be able to be put to a reasonable use such as construction of a home. They've indicated that their proposed home would be the same distance away from Ridgewood Road as the home directly to the north, and the proposed access to Snelling Avenue North will be similar to the adjacent circumstances in keeping with the character of the neighborhood. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. As confirmed by the City Attorney, a variance from the R-1 District minimum lot depth of 130 feet reduced to a mean lot depth of 97.4 feet would be necessary for future development of the Subject Property to occur. The Applicants have further stated that they are not responsible for the original configuration of the Subject Property which is driving the need for the variances requested. They've noted that the request for the driveway access off of Snelling Avenue North is a result of the unsafe conditions that would be created with access off of Ridgewood Road due to the significant elevation difference between the available building pad and the road. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The Applicants have stated that they have orientated the house and configured the layout of the parcel in a manner that would ensure consistency and compatibility within this neighborhood. Page 7 of 11 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Additional Review Building Official The Building Official has reviewed the plans and has no additional comments at this time. A Building Permit will be required prior to any construction taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the plans and has the following comments which have been included in the draft recommended conditions of approval: • Grading and Erosion Control Permit would be required o As -built required, also showing utilities • RCWD review and approval is required • Two (2) Right -of -Way Permits will be needed o Snelling Avenue N driveway access construction. Through review it will be determined if a full -width patch on Snelling Ave N will be required. Reconstruction of the trail and curb will have to meet ADA standards. Potential conflict with the existing catch basin, driveway may need to be shifted to the South. All patches will have to match existing trail/street pavement section thickness. o Ridgewood Rd utility connections. Full -width patch will be required and must match the existing street pavement section. Inspection will be required and proper backfill material must be approved by Public Works. • Sanitary Sewer Connect Permit required • Water Connect Permit required • Through plan submittals, Engineering will review in more detail and may have more comments. Suggested Findings of Fact The Planning Commission reviewed this application at their November 9, 2022, meeting and have offered the following findings of fact for your consideration: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District lot depth, front yard setback, and driveway access at the Subject Property, 3588 Ridgewood Road. 2. The Subject Property is a nonconforming lot of record deeded to the City through the State and County from the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North). 3. The Subject Property is a nonconforming lot with a mean lot depth of 97.4 feet and does not comply with the minimum R-1 district standards for lot depth of 130 feet. 4. The Subject Property is currently undeveloped. Page 8 of 11 5. The Planning Commission has determined that a potential sale of the City owned property at 3588 Ridgewood Road would be in compliance with the City's Comprehensive Plan. 6. The proposed single-family dwelling would not require a side yard setback variance. 7. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 3. A single-family dwelling is a permitted use within the R-1 Zoning District. 4. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 5. The nonconforming lot depth for the R-1 Zoning District is a unique circumstance that is attributed to the dimensions of the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North) turned over to the City. 6. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 7. The variance request is not based on economic considerations alone. Options and Motion Language At their November 9, 2022 meeting, the Planning Commission recommended approval of the nonconforming lot depth variance for Planning Case 22-019 by a 7-0 vote and denial of the parcel setbacks and driveway access variance for Planning Case 22-019 by a 4-3 vote. The following are motion language options for the City Council to consider. Approval with Conditions: Motion to adopt Resolution 2022-054, approving Planning Case 22-019 for a Variance at 3588 Ridgewood Road, based on the findings of fact and the submitted plans, as amended by the conditions in the November 28, 2022, Report to the City Council: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site Page 9 of 11 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A separate right-of-way permit for each roadway shall be required for work performed within the City right-of-way. 9. All Public Works Director/City Engineer comments as stated in the November 9, 2022 Staff Report for driveway access connection and utility connections shall be addressed and are adopted herein by reference. The Applicants shall be financially responsible for 100 percent of the costs for connections. 10. The Applicants shall be responsible for obtaining a Sanitary Sewer Connect Permit. 11. The Applicants shall be responsible for obtaining a Water Connect Permit. 12. Prior to the issuance of a building permit, the Applicants shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 13. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. • Approval: Motion to a opt Resolution 2022-054, approving Planning Case 22-019 for a Variance at 3588 Ridgewood Road, based on the findings of fact and the submitted materials in the November 28, 2022 Report to the City Council. • Denial: Motion to deny Resolution 2022-054, approving Planning Case 22-019 for a Variance at 3588 Ridgewood Road, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Resolution 2022-054, approving Planning Case 22-019 for a Variance at 3588 Ridgewood Road: the City Council should identify a specific reason and/or information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on November 17, 2022. A public meeting notice for this planning case was published in the Pioneer Press on November 17, 2022. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments Staff received two emails in opposition of the application in advance of the Planning Commission meeting and two members of the public in attendance at the meeting spoke in opposition. The City has not received any written public comments regarding this planning case following the Planning Commission review. Page 10 of 11 Deadline for Agency Actions The City of Arden Hills received the completed application for this request on October 3, 2022. Pursuant to Minnesota State Statute, the City must act on this request by December 1, 2022 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Budget Impact N/A Attachments A. Land Use Application B. Location Map C. Narrative D. Site Survey E. Supplemental Info F. Planning Commission Memo G. Draft Planning Commission Minutes H. Resolution 2022-054 I. City Council Presentation Page 11 of 11 Attachment A Office Use Only 'It I For EN HILLS Planning Case No. 22- 1A__ � Submittal Date 14.3 'L'L 1245 West Highway 96 Application Completed Date Arden Hills, Minnesota 55112 Accepted by Telephone (651) 792-7800 Receipt Number Fax (651) 634-5137 Council Decision www.cityofardenhills.org Council Decision Date 2022 LAND USE APPLICATION Applicant Information y� Applicant: -� M Y L ii Address: i LqL �(.c r1 ,��U l Tli . 1��//./'� Telephone No.: 952 - 9qim_Tj Other: Fax No.: r Email Address: �h1rv� Property Information Property Owner: 1 Owner Address:_ lZ 4 Owner Telephone No. to 5 1 Address of Property Involved: J Legal Description: RIP Property ID No " 3 �_ Z 2 c70 3 3 Type of Use: (.(. -- - — Zone: Property Acreage: Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Develo ment Plan Amendment (Fee: $400 + Escrow: $1,500f ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) ire �502 ❑ Rezoningg or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests - Not Already Specified (Fee: $150 + Escrow: $1,000 Page 1 of 3 Brief DescriptionofRequest lease also include a typed, detailed letter explaining the project): 1) ye. +(-O cs v,, r c (S C, G-rc, fit. Ck_ as CU45 _eFV-6yL-k cJ v'1--QV t kl J 1"�--t74 04 UV 1 lam`_' `�%� l � �i(��l �lr �Lr Vtrl~LV► Its i'lll"o% ifPJ *IMPORTANT* .b 1 • Certain applications are subject to review and approval by the Rice Creek Watershed 1 - v District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City, Filing & Information Requirements The City requests that you make a pre -application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhiils.org/landuseai)plications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the City Planner. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the City Planner on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the City Planner. 2022 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (I" day of the preceding month) January 5 January 24 December 1 2021) February 9 February 28 January 3 March 9 March 28 February 1 April 6 Aril 25 March 1 May 4 May 23 Aril 1 June 8 June 27 May 2 July 6 July 25 June 1 August 3 August 22 July 1 September 7 September 26 August 1 October 5 October 24 September 1 November 9 November 28 October 3 December 7 January 9 2023 November 1 January 4 (2023) January 23 2023 December 1 Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Required) Applicant Signature (If different than the property owner) Date 9Z�,22z Date Please contact the City Planner at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.citvofardenhills.org/landuseapplications Page 3 of 3 10/13/2022, 8:47:44 AM 1:1,200 0 0.01 0.02 0.04 mi EI Tax Parcels _Query result = Cities 0 0.01 0.03 0.06 km Personal Property K County Offices Tax Parcels Ramsey County Ramsey County MN Attachment C City of Arden Hills Community Development Department 1245 Highway 96 W Arden Hills, MN 55112 Letter of Intent Variance for: Ahmed Ali and Nawal Hirsi 3588 Ridgewood, Arden Hills, Minnesota 55112 ZONING: R1 PARCEL ID#: 34 30 23 22 0033 Letter of Intent for Zoning Variances Dear Planning & Mayor and City Council Members, We thank you for this opportunity collaborate with the City on the purchase and development of the City's unused land at 3588 Ridgewood Road. Our family will be very happy when we build our beautiful dream home on this lot. After we signed the purchase agreement with the city, we brought different contractors to the lot to determine how to best use the land for a home with orientation being a primary concern. The proposal before the City reflects the fact that a Ridgewood Rd entrance would not be safe, especially in the winter, because of the significant elevation difference between the available building pad and the road (20 feet). Instead, multiple contractors identified the configuration we have put forward with an entrance off Snelling as the best way to address all concerns and be in character with the surrounding area. The home directly to the north of this parcel at 3583 faced similar challenges and implemented similar solutions. We are simply proposing to do the same on this parcel. I attend city councils work session meeting on Monday 10/17/2022, the city councils and mayor recommend if the house can be moved to north side close to the Snelling Avenue because there is 60-80 feet right of way that we can utilize. We follow the recommendation of the city councils, we moved the house close to the Snelling Avenue, and we are seeking variance for 10 feet front yard setback from the house to the property line. In addition, the Ridgewood Rd has 45.6 feet right of way from the house to the road, the Ridgewood is the back of the house, and we are seeking 16.3 feet back yard setback to the property line. To implement this solution, we are requesting variances in relief of the required front and rear yard setbacks, required lot dimensions, and the standard required access point from Snelling rather than the adjacent local roadway. The proposed variances will allow us to build a new house that would be in character with the surrounding homes along Snelling Avenue, and will help the City to meet its goal of providing more long-term opportunities for new housing to support the ongoing vitality of the community. Concerning the variance criteria, here are our responses: 1. The shape, elevation, and topography of this lot and surrounding area make it impossible to put this land to a reasonable use (i.e. construction of a home) without requesting some form of variances. 2. We were not responsible for the original configuration of this property, which is driving the need for the requested variances. 3. A primary goal of the zoning ordinance is to ensure consistent and compatible development throughout the City. Our proposed home will be the same distance away from Ridgewood Drive as the home directly to the north, and our proposed access to Snelling will be for the same reasons that driveway also accesses Snelling. In short, we believe our proposed home will fit very nicely on this lot and within this neighborhood. 4. This area is guided and zoned for single-family housing. Our proposed home is permitted in this zone. 5. This area of the City is guided and zoned for single-family home development. Construction of a brand new home on a parcel that meets minimum size requirements will be fully within the character of the area as a single-family neighborhood. 6. The variances would not be granted for economic reasons alone. We recognize the City as a whole will profit through the sale and development of this land, but the City would also be granting the variances to accomplish its Comprehensive Plan goals for creating high -quality housing and well thought out infill development. Thank you for your consideration, Sincerely, Ahmed Ali and Nawal Hirsi N Z $z W �oo Z ¢o U V x / AW / Q sk E e S� w° N // / �LD,�pJ E KENNn aq1 / n / sk ,� a�9 , 9 �q e H�o KNE�Ery NnY": 06 - are • rye ^q.;�\ _.� � �. ��sa' _.� jF� rt � LU a / bu p w o s, , rye a ✓ " y :'.,�, �_ o o z -. toj n o Iz so wx 5 Lu W CA m Z ,e mx ne .. 1 0'/0PDR �,\\ 'mu ail o��m LL ,3zLac @000 Qwo z yk / roy CJ lo 1 o o a.o a o. a / O z S z. o o o o s G Z $ a 5 w >%N CODQ O °° v q; oz od o N= O 08 a _ s z£C 3�� a_ o q �L �7�0 bp —as 3 a n °"w z_��3 zw? £ z NyOie Z.'� nF m >o W O N �y y e e >>g rc �" v F'an� zEyTv aZ�� o _ z w °9 o awu, �a�Ns C W W -� W A o a m 9 ££u zwowa o ram 0 4i N p A£ L Y v i e v = F=�oo f o J 9L O u u �, a W rc°cW LLwawao a JW E CCwwwwwww" wwwwwmzizz z v lC0 o s <�2 �?'3E d E E �i° o 00000000 o o o ooW �O�a,o ���� " m �Tq 2YY — Q_Z d e oV ww w w w wow I( W W v �� �a - -oEa� ., o WJJ,., Q M Q os� oZ. r �� s `3m c 3 �. d LL m v9 LJ am�� Y n'c W t _ a o o �3 0 Attachment E Professional To: The City of Arden Hills From: Jason Rud Date: October 7, 2022 Re: 3588 Ridgewood Road- Variance Application Surveyors 6776 Lake Drive NE. Suite 110 Lino Lakes, MN, 55014 Phone: (651)361-8200 Fax: (651) 361-8701 www.eerud.com This memo has been prepared to address some of the key issues pertaining to the variance application for 3588 Ridgewood Road. PROPOSED ACCESS TO SNELLING AVENUE This parcel adjoins Ridgewood Road and Snelling Avenue, both public right of ways. Due to the existing site elevations of this parcel, the access to Snelling Avenue is the most feasible option. When reviewing the elevations adjacent to Ridgewood Road, there is an existing 4 foot retaining wall and fence which he next to the existing curb line, followed by a slope that continue to rise to the east. A driveway grade of 10% or less is not feasible due to these existing site conditions. By accessing Snelling Avenue, a driveway with a grade of 10% can be constructed as shown on our survey, down to a home with a 5% landing in front of the garage for parking. This is a feasible option that falls within the maximum driveway grade we use as a company standard. It should be noted that the neighboring home to the north at 3583 Snelling Avenue North also has a driveway that accesses Snelling Avenue, while it too has frontage to Ridgewood Road. PROPOSED SITE PLANAND HOUSE ORIENTATION The required setbacks for this parcel are 40 feet to Ridgewood,15 feet to the north, 30 feet to Snelling, and 10 feet to the south. These required setbacks have been drawn on our survey, which yield a triangular shaped "buildable area" that would not support a traditional house footprint. As a result, a variance to these setbacks is requested, so that a modest home can be constructed as shown. The proposed house orientation and position were established to best utilize the existing site conditions and elevations. This house location also provides for a manageable driveway grade, preservation of the trees on the north and southeast sides of the lot and fits well into the existing landscape. Feel free to reach out if you have any additional questions pertaining to this site or our survey. I can be reached at 651-361-8225, or ji-ud@egl:ud.com. \ Jason E. t, RLS 41578 Attachment F PC Agenda Item — 3A ,`iRZEN HILLS MEMORANDUM DATE: November 9, 2022 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #22-019 — No Public Hearing Required Applicant: Ahmed Ali and Nawal Hirsi Property Location: 3588 Ridgewood Road Request: Variance Requested Action Ahmed Ali and Nawal Hirsi ("Applicants") have requested a variance for future development of a single-family residential dwelling for the property located at 3588 Ridgewood Road ("Subject Property"). To construct the proposed single-family dwelling, the applicants are requesting three variances: • Lot Depth: The nonconforming property has a lot depth of 97.4 feet. The minimum lot depth in the R-1 Zoning District is 130 feet. • Setbacks: The applicants propose a 10 foot setback from the property line abutting Snelling Avenue North and a 16 foot setback from the property line abutting Ridgewood Road. The minimum front yard setback in the R-1 Zoning District is 40 feet. • Driveway Access: The applicants propose the driveway access off Snelling Avenue North. City Code requires access to be obtained from the local street - Ridgewood Road. Background 1. History for the Sale of the City Owned Parcel At the August 16, 2021 Work Session, the Arden Hills City Council first discussed selling the city -owned parcel at 3588 Ridgewood Road —now the Subject Property of this planning case. At the subsequent meeting, the Planning Commission reviewed the interest in selling the parcel for consistency with the City's Comprehensive Plan. The City has verified that the parcel is not dedicated for a public purpose that would prohibit the sale (i.e. park land or public improvements) or as a site for future development to meet the needs of city infrastructure or operational activities, and it was found that the sale of the Subject Property would be in compliance with the City's Comprehensive Plan. Page 1 of 10 During the discussions, the City was evaluating the parcel size based off of Ramsey County Property Records and GIS mapping as there was no certificate of survey on record for the Subject Property. Ramsey County Property Records have the deeded acreage as 0.31 acres (approx. 13,500 square feet). The Subject Property came from the State through the County as part of the turn back of the Old Snelling Avenue (now referred to as Snelling Avenue North) corridor ROW to the City. Based on the best information available from Ramsey County, city staff initially identified that the total lot area of the parcel would be nonconforming since the minimum lot area requirement in the R-1 District is 14,000 square feet. A preliminary analysis of lot dimensions was completed as part of the Planning Commission review utilized the County's GIS mapping in order to garner the approximate lot width and lot depth. Over the next year, city staff worked through the process to facilitate the sale of the Subject Property. On August 8, 2022, the City Council approved the purchase agreement for the Subject Property from Ahmed Ali and Nawal Hirsi. The purchase agreement included an acknowledgement of the Applicant's responsibility for all costs associated with due diligence which includes the variance review due to the nonconforming lot size. As part of the due diligence via a survey, it was determined that the lot measured approximately 14,472 square feet, and would not require a variance for lot area but would require a variance for lot depth. 2. Site Data 3588 Ridgewood Road, the Subject Property, is zoned R-1, Single -Family Residential District. It is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The subject property is currently undeveloped. All surrounding parcels are also zoned R-1, Single Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Vacant Zoning: R-1 Single Family Residential District Lot Size: II 0.33 acres/14,472 square feet 3. Proposed Use The Applicants are requesting a variance for the nonconforming lot depth, to decrease the required front yard setback from 40 feet to a 10 foot setback from the property line abutting Snelling Avenue North and a 16 foot setback from the property line abutting Ridgewood Road, and the driveway access off Snelling Avenue North rather than from the local street - Ridgewood Road. Due to the nonconforming lot size of the Subject Property, the City Attorney has confirmed that a variance would be required for lot depth for future development of the site. The listing agreement did specify that a variance would be necessary due to the nonconforming lot size and it would be the responsibility of the Future Buyer to provide documentation including, but not limited to, a certificate of survey, elevation renderings, and floor plans in order to verify compliance with applicable city code requirements such as setbacks, lot coverage, floor area ratio, and other design standards with the proposed development as part of the variance review process. According to the Applicants narrative, the Subject Property includes unique circumstances due to its irregular shape, topography, and orientation of adjacent properties. Therefore, the Applicants have made the decision to also pursue a variance from the required front yard setback and driveway access. The Applicants have stated they would intend to meet applicable building codes and all other regulations in the R-1 District. Page 2 of 10 4. Approvals The Planning Commission is being asked to determine whether a variance request for flexibility on lot depth, front yard setbacks, and driveway access should be approved. The Planning Commission is being asked to determine whether a variance request for flexibility on lot depth, front yard setbacks, and driveway access should be approved. A certificate of survey has been submitted showing the location of the proposed dwelling and driveway. The evaluation of the proposal should be based on the District Provisions in Section 1320, General Regulations in Section 1325, and the Requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1, Single Family Residential Zoning District) — Section 1320.06 Lot Size and Dimensions The Subject Property came from the State through County as part of the turn back of the Old Snelling Avenue corridor ROW. The lot is considered a nonconforming lot. Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 14,000 square feet per single-family dwelling unit and a minimum depth of 130 feet. The Applicants did obtain a certificate of survey which verified that the total lot area of the Subject Property is 0.33 deeded acres (14, 472 square feet), but the lot depth has a mean depth of 97.4 feet. The Applicants is requesting a 32.6 foot lot depth variance to address this nonconformity in lot size. As previously noted, the lot size from staff's initial analysis would require a variance prior to future development as confirmed by the City Attorney. From the recent survey completed by the Applicants, the City identified that the total lot area of the parcel is slightly larger than the property information available on the County records. City staff contacted Ramsey County and it was their direction to use the boundary dimensions and lot area calculations as shown on the official survey as this document was prepared by a licensed surveyor. They indicated that the County's GIS map is only an inventory of tax records based upon the best available information. Certificate of Survey Page 3 of 10 Structure Setbacks In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The minimum side yard setbacks on an interior lot are 10 feet on each side with a combined total side yard setback of 25 feet. The Subject Property is a Through Lot by definition - "A lot that has a pair of opposite lot lines on two substantially parallel streets and is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code." Section 1325.03, Exceptions to the Minimum Requirement for All Districts states for a Through Lot that "The administrator may determine that one of the front yards may be deemed a rear yard and shall determine appropriate rear yard setback regulations. Factors to be considered shall include topography, location of structures on the lot, location of structures on adjacent lots, and the type of streets or thoroughfares abutting the lot." For purposes of the variance request before the Planning Commission, city staff has not made a determination of deeming one of the front yards (i.e. Ridgewood Road or Snelling Avenue North) a rear yard. In processing this variance request, city staff has identified both the east and west road frontages as front yards. As noted in the code, one of the factors for consideration in granting an exception is the location of structures on the lot. The Applicants are requesting their driveway access off of Snelling Avenue North and have orientated the front of the house towards Snelling Avenue North with the rear of the house off of Ridgewood Road. Based on the outcome of the variance, city staff will reevaluate whether to deem one of the road frontages a rear yard subject to rear yard setbacks. The Applicants are requesting a front -yard setback variance —abutting Ridgewood Road —to allow a future dwelling to be built 16 feet from the front property line. The Applicants are also requesting a front -yard setback variance —abutting Snelling Avenue North —to allow a future dwelling to be built 10 feet from the front property line. The Applicants are not requesting a side yard setback variance. The following table provides a summary of the setbacks for the immediately adjacent parcels obtained from City property records (i.e. certificate of survey or building plans) and Ramsey County GIS Mapping. Some of the distances are approximate based on the information available. Front Setback — Rear Setback — Side Setbacks - 40' 30' 101/25' 3583 Snelling Ave. 42.5' — Snelling Ave. 30.87' - Ridgewood 10' (north)/ N. N. Rd. 40'/Combined 3570 Ridgewood Rd. 40'— Ridgewood Rd. 70' — Snelling Ave. N. 16' (north)/30' (approx.) combined Front Setback — Front Setback — Side Setbacks - 40' 40' 10'/25' 3588 Ridgewood Rd. 16'— Ridgewood Rd. 10'— Snelling Ave. 10' (south)/69' — Proposed N. combined (approx.) Page 4 of 10 Driveway Access Section 1325.06, Subd. 1 (B) — Access of the Zoning Code requires "any residential lot, which has frontage on both a local street and a collector street or a major or minor arterial (as defined by the Comprehensive Plan of Arden Hills), [to] gain access only from the local street." The Applicants are requesting a variance from this provision to construct a future driveway off Snelling Avenue North —a collector street, instead of Ridgewood Road —a local street. As proposed, the driveway off of Snelling Avenue North would have a 10% slope. The Applicants have stated that from the street to the garage there is an elevation change of 20 feet which would make for unsafe conditions to have their driveway access off of Ridgewood Road. Other City Codes - Landscaped Area, Structure Coverage, and Floor Area Ratio At this time, the Applicants have chosen not to include calculations for floor area ratio. Before finalizing their home design, the Applicants are looking to complete the City review of the current variance request. The Applicants will finish the design of a future structure depending on the outcome of the variance request. The certificate of survey identifies the proposed house footprint would equate to 15.4% structure coverage (max allowed 25%) and 23.2% impervious (max allowed 35%). The table below provides the district standards for the R-1 District and the preliminary analysis for the proposed development: Required Proposed Lot Area Minimum 14,000 SF 14,472 SF Lot Width/Depth 95'/130' 95.96'/97.4' Front Yard Setback — Minimum 40' 16' Ridgewood Road Front Yard Setback — Minimum 40' 10, Snelling Avenue North Side Yard Setback 10' Minimum/ 14' (south)/ 25' Combined 69.9' Combined Driveway Access Local Street — Ridgewood Collector Street — Snelling Road Avenue North Landscaped Area Greater than 65% (Minimum 76% 9,407 SF Structure Coverage Less than 25% (Maximum 15.4% 3,618 SF Floor Area Ratio Less than 0.3 (Maximum N/A 4,341 SF Minimum 20' 46' Dwelling/Structure Width 2. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall Page 5 of 10 will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements — Section 1355.04, Subd. 4 The Applicants are requesting a variance for the nonconforming lot depth, to decrease the required front yard setback from 40 feet to a 10 foot setback from the property line abutting Snelling Avenue North and a 16 foot setback from the property line abutting Ridgewood Road, and the driveway access off Snelling Avenue North whereas city code requires access to be obtained from the local street - Ridgewood Road. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the applicants do not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The Applicants have stated the variance request for 3588 Ridgewood Road is consistent with the purpose and intent of the R-1 Zoning District and with the policies within the City's Comprehensive Plan. A single-family detached dwelling is a permitted use within the Low Density Residential land use designation and the R-1 Zoning District. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The Subject Property is non -conforming with the R-1 district standards due to the preexisting lot depth. The Applicants have stated that without the granting of some form of variances the property would not be able to be put to a reasonable use such as construction of a home. They've indicated that their proposed home would be the same distance away from Ridgewood Road as the home directly to the north, and the proposed access to Snelling Avenue North will be similar to the adjacent circumstances in keeping with the character of the neighborhood. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. Page 6 of 10 As confirmed by the City Attorney, a variance from the R-1 District minimum lot depth of 130 feet reduced to a mean lot depth of 97.4 feet would be necessary for future development of the Subject Property to occur. The Applicants have further stated that they are not responsible for the original configuration of the Subject Property which is driving the need for the variances requested. They've noted that the request for the driveway access off of Snelling Avenue North is a result of the unsafe conditions that would be created with access off of Ridgewood Road due to the significant elevation difference between the available building pad and the road. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The Applicants have stated that they have orientated the house and configured the layout of the parcel in a manner that would ensure consistency and compatibility within this neighborhood. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Additional Review Building Official The Building Official has reviewed the plans and has no additional comments at this time. A Building Permit will be required prior to any construction taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the plans and has the following comments which have been included in the draft recommended conditions of approval: • Grading and Erosion Control Permit would be required o As -built required, also showing utilities • RCWD review and approval is required • Two (2) Right -of -Way Permits will be needed o Snelling Avenue N driveway access construction. Through review it will be determined if a full -width patch on Snelling Ave N will be required. Reconstruction of the trail and curb will have to meet ADA standards. Potential conflict with the existing catch basin, driveway may need to be shifted to the South. All patches will have to match existing trail/street pavement section thickness. o Ridgewood Rd utility connections. Full -width patch will be required and must match the existing street pavement section. Inspection will be required and proper backfill material must be approved by Public Works. • Sanitary Sewer Connect Permit required • Water Connect Permit required Page 7 of 10 • Through plan submittals, Engineering will review in more detail and may have more comments. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District lot depth, front yard setback, and driveway access at the Subject Property, 3588 Ridgewood Road. 2. The Subject Property is a nonconforming lot of record deeded to the City through the State and County from the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North). 3. The Subject Property is a nonconforming lot with a mean lot depth of 97.4 feet and does not comply with the minimum R-1 district standards for lot depth of 130 feet. 4. The Subject Property is currently undeveloped. 5. The Planning Commission has determined that a potential sale of the City owned property at 3588 Ridgewood Road would be in compliance with the City's Comprehensive Plan. 6. The proposed single-family dwelling would not require a side yard setback variance. 7. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: 8. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 9. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 10. A single-family dwelling is a permitted use within the R-1 Zoning District. 11. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 12. The nonconforming lot depth for the R-1 Zoning District is a unique circumstance that is attributed to the dimensions of the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North) turned over to the City. 13. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 14. The variance request is not based on economic considerations alone. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 22-019 for a Variance at 3588 Ridgewood Road, based on the findings of fact and the Page 8 of 10 submitted plans, as amended by the conditions in the November 9, 2022, Report to the Planning Commission: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A separate right-of-way permit for each roadway shall be required for work performed within the City right-of-way. 9. All Public Works Director/City Engineer comments as stated in the November 9, 2022 Staff Report for driveway access connection and utility connections shall be addressed and are adopted herein by reference. The Applicants shall be financially responsible for 100 percent of the costs for connections. 10. The Applicants shall be responsible for obtaining a Sanitary Sewer Connect Permit. 11. The Applicants shall be responsible for obtaining a Water Connect Permit. 12. Prior to the issuance of a building permit, the Applicants shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 13. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 22- 019 for a Variance at 3588 Ridgewood Road, based on the findings of fact and the submitted materials in the November 9, 2022 Report to the Planning Commission. Recommend Denial: Motion to recommend denial Planning Case 22-019 for a Variance at 3588 Ridgewood Road, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. Table: Motion to table Planning Case 22-019 for a Variance at 3588 Ridgewood Road: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on October 28, 2022. A public meeting notice for this planning case was published in the Pioneer Press on October 28, Page 9 of 10 2022. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Public Comments The City has not received any public comments regarding this planning case as of November 2, 2022. Deadline for Auency Actions The City of Arden Hills received the completed application for this request on October 3, 2022. Pursuant to Minnesota State Statute, the City must act on this request by December 1, 2022 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A. Land Use Application B. Location Map C. Narrative D. Site Survey E. Supplemental Info Page 10 of 10 '�Tt -ADI�EN HILLS Approved: Attachment G CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, NOVEMBER 9, 2022 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. RnT,T. CAT.T, Present were: Chair Paul Vijums, Commissioners Shelley Blilie, Joshua Collins, Marcie Jefferys, Arlene Mitchell, Kurt Weber, and Jonathan Wicklund. Absent: Steven Jones (Alternate) and Clayton Zimmerman (Alternate). Also present were: Community Development Director Jessica Jagoe and Councilmember Fran Holmes. APPROVAL OF AGENDA — NOVEMBER 9, 2022 Commissioner Mitchell moved, seconded by Commissioner Wicklund, to approve the November 9, 2022, agenda as presented. The motion carried unanimously (7-0). APPROVAL OF MINUTES October 5, 2022 — Planning Commission Regular Meeting Commissioner Wicklund moved, seconded by Chair Viiums, to approve the October 5, 2022, Planning Commission Regular Meeting as presented. The motion carried unanimously (7-0). PLANNING CASES A. Planning Case 22-019; 3588 Ridgewood Road — Variance — Public Hearing Not Required Community Development Director Jagoe stated at the August 16, 2021 Work Session, the Arden Hills City Council first discussed selling the city -owned parcel at 3588 Ridgewood Road —now the Subject Property of this planning case. At the subsequent meeting, the Planning ARDEN HILLS PLANNING COMMISSION — November 9, 2022 2 Commission reviewed the interest in selling the parcel for consistency with the City's Comprehensive Plan. The City has verified that the parcel is not dedicated for a public purpose that would prohibit the sale (i.e. park land or public improvements) or as a site for future development to meet the needs of city infrastructure or operational activities, and it was found that the sale of the Subject Property would be in compliance with the City's Comprehensive Plan. Community Development Director Jagoe reported during the discussions, the City was evaluating the parcel size based off of Ramsey County Property Records and GIS mapping as there was no certificate of survey on record for the Subject Property. Ramsey County Property Records have the deeded acreage as 0.31 acres (approx. 13,500 square feet). The Subject Property came from the State through the County as part of the turn back of the Old Snelling Avenue (now referred to as Snelling Avenue North) corridor ROW to the City. Based on the best information available from Ramsey County, city staff initially identified that the total lot area of the parcel would be nonconforming since the minimum lot area requirement in the R-1 District is 14,000 square feet. A preliminary analysis of lot dimensions was completed as part of the Planning Commission review utilized the County's GIS mapping in order to garner the approximate lot width and lot depth. Community Development Director Jagoe explained over the next year, city staff worked through the process to facilitate the sale of the Subject Property. On August 8, 2022, the City Council approved the purchase agreement for the Subject Property from Ahmed Ali and Nawal Hirsi. The purchase agreement included an acknowledgement of the Applicant's responsibility for all costs associated with due diligence which includes the variance review due to the nonconforming lot size. As part of the due diligence via a survey, it was determined that the lot measured approximately 14,472 square feet, and would not require a variance for lot area but would require a variance for lot depth. Community Development Director Jagoe reviewed the site data, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District lot depth, front yard setback, and driveway access at the Subject Property, 3588 Ridgewood Road. 2. The Subject Property is a nonconforming lot of record deeded to the City through the State and County from the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North). 3. The Subject Property is a nonconforming lot with a mean lot depth of 97.4 feet and does not comply with the minimum R-1 district standards for lot depth of 130 feet. 4. The Subject Property is currently undeveloped. 5. The Planning Commission has determined that a potential sale of the City owned property at 3588 Ridgewood Road would be in compliance with the City's Comprehensive Plan. 6. The proposed single-family dwelling would not require a side yard setback variance. 7. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: ARDEN HILLS PLANNING COMMISSION — November 9, 2022 3 8. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 9. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 10. A single-family dwelling is a permitted use within the R-1 Zoning District. 11. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 12. The nonconforming lot depth for the R-1 Zoning District is a unique circumstance that is attributed to the dimensions of the Old Snelling Avenue corridor right-of-way (now referred to as Snelling Avenue North) turned over to the City. 13. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 14. The variance request is not based on economic considerations alone. Community Development Director Jagoe reviewed the options available for Planning Case 22- 019 to the Planning Commission on this matter: 1. Recommend Approval with Conditions of the Variance at 3588 Ridgewood Road, based on the findings of fact and the submitted plans, as amended by the conditions in the November 9, 2022, Report to the Planning Commission: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A separate right-of-way permit for each roadway shall be required for work performed within the City right-of-way. 9. All Public Works Director/City Engineer comments as stated in the November 9, 2022 Staff Report for driveway access connection and utility connections shall be addressed and are adopted herein by reference. The Applicants shall be financially responsible for 100 percent of the costs for connections. 10. The Applicants shall be responsible for obtaining a Sanitary Sewer Connect Permit. 11. The Applicants shall be responsible for obtaining a Water Connect Permit. ARDEN HILLS PLANNING COMMISSION — November 9, 2022 4 12. Prior to the issuance of a building permit, the Applicants shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 13. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Weber asked if water and sewer connections were available for this property. Community Development Director Jagoe stated water and sewer lines had not been run to this property. She noted the homeowners were aware of this and would have to extend utilities to the property from Ridgewood Road. Commissioner Collins questioned if the City anticipated this lot would become a residential lot. Community Development Director Jagoe explained the City was anticipating this property would be developed with a single-family dwelling. She reported the City understood that they could not control what was being requested on the lot for variances from the R-1 District requirements. Commissioner Blilie inquired what the footprint was for the lots to the north and south. Community Development Director Jagoe stated she did not have this information, but reviewed the table in the staff report with the preliminary analysis of setbacks for the proposed future development at 3588 Ridgewood Road in comparison to the two adjacent parcels. Commissioner Blilie discussed how the neighboring properties were extremely close to the lot lines. She asked if either of these properties had received a variance. Community Development Director Jagoe reported both of the neighboring properties comply with the City's minimum setback requirements for the R-1 zoning district. Commissioner Blilie was of the opinion the proposed lot would be keeping in line with the character of the neighborhood. Commissioner Wicklund questioned if the City had previously granted setback variances that were approaching 75%. Community Development Director Jagoe stated in her time with the City she was not aware of a variance to this degree, but variances had been approved for setbacks. ARDEN HILLS PLANNING COMMISSION — November 9, 2022 5 Commissioner Wicklund inquired if the challenges of this lot were communicated to the buyer prior to purchasing this property. Community Development Director Jagoe explained this information was passed along to the buyer prior to the purchase agreement and language was included in the listing agreement. Commissioner Jefferys asked what the footprint of the home would have to be in order to meet City requirements. Community Development Director Jagoe stated she was uncertain and recommended the applicant speak to this. Chair Vijums questioned what the buyer knew, as far as restrictions on the lot, prior to making the purchase. Community Development Director Jagoe explained the buyer knew the lot was non- conforming for lot size and the City acknowledged that they would have to issue a variance for lot size. The City stated in the listing that the property would have to adhere to all other district requirements, including setbacks, and would have to be constructed in conformance with City Code. In addition, the property was to be accessed from Ridgewood Road. Chair Vijums inquired if any type of design for the home was attempted to meet the City's zoning criteria. Community Development Director Jagoe indicated this would be a question for the applicant. She reported no plans were presented to the City that met R-1 District requirements. Chair Vijums requested the applicant or builder to come forward and address this question. He asked if another design for this property could be considered in order to meet the City's setback requirements. Owen Norcut, Norcut Homes, stated he hired a surveying company to stake the lot and find the setbacks for the property. He noted the red outline was the size of the building pad, which was not very large. He explained the applicant was proposing to build a two story home with a three car garage with a walk out basement. He was of the opinion there was no way to build a home in within the small building pad area. Chair Vijums questioned if the applicant was aware of all of the non -conformities on this lot before making the purchase. Ahmed Ali, 1290 County Road F, explained he was aware the lot was non -conforming and he knew the lot dimensions would require a variance. He indicated the City did not have a survey for this lot. Chair Vijums asked if Mr. Ali did his research regarding the setback requirements for this lot. Mr. Ali commented he researched what was needed, but did not do a lot of research. He explained he understood he would have to find a builder and a surveyor for this lot to see if he ARDEN HILLS PLANNING COMMISSION — November 9, 2022 6 could build the house he wanted on this lot. He understood that he could build the home he wanted, but it would require a variance. Commissioner Weber inquired if the applicant was aware of the fact the City would require access to this lot from Ridgewood Road. Mr. Ali stated he was aware of this fact. Commissioner Weber questioned if all potential buyers for this lot were made aware of the fact access would have to be made off of Ridgewood Road. Community Development Director Jagoe reported this requirement was stated in the listing language so that all potential buyers were made aware of this fact. She explained the City received multiple offers for this lot, beside the offer that was accepted from Mr. Ali. Commissioner Weber asked if Snelling Avenue was assumed to be the rear yard. Community Development Director Jagoe indicated this was the case. Commissioner Weber stated he did not believe accessing Ridgewood Road was impossible, but he understood it would be difficult. He was of the opinion this lot should be accessed from Ridgewood Road. Mr. Norcut discussed how a driveway off of Ridgewood Road would require an "S" curve, which would further eat into the buildable lot area. He commented further on the topography of the lot and stated the best access for the family would be from Snelling Avenue. Commissioner Mitchell stated she was concerned with people backing out onto a County road and asked if the lot would have turnaround space for safety purposes. Mr. Norcut reported there would be enough room for vehicles to turn around and drive forward out onto Snelling Avenue. Commissioner Mitchell discussed the size of the buildable lot area for this property and stated the main issue would be whether or not the City would be willing to make this lot buildable by providing variances. She noted she drove along both Ridgewood Road and Snelling Avenue to view the property, noting a retaining wall was already in place on this lot. She stated it was her understanding the house to the north accessed their home from Snelling Avenue. She requested further information regarding how the proposed home would be situated on the lot. Mr. Norcut described how the home would be placed on the lot. Commissioner Weber asked how many trees would be lost on the lot. Mr. Ali reviewed the survey and spoke to the number of trees that would be lost. Mr. Norcut explained the lot would not be clear cut, rather only the trees on the building pad and driveway would be removed. ARDEN HILLS PLANNING COMMISSION — November 9, 2022 7 Community Development Director Jagoe stated a tree preservation plan would have to be submitted by the applicant, along with a grading plan for the building permit. She explained Mr. Ali had attended a Council Worksession meeting and based on the feedback made by the City Council, adjustments had been made to the plan. Chair Vijums opened the meeting for public comments. Steven Nelson, 3475 Siems Court, stated the City was establishing a precedent by dumbing down the requirements for this lot in an attempt to raise funds. He noted the applicant was aware of the setback and lot size requirements, as well as the access requirement from Ridgewood Road. He encouraged the Commission to consider the precedent that would be set if this variance were approved, especially given the fact the applicant knew the rules prior to purchasing the lot. Matthew Dreon, 3586 Ridgewood Road, stated he lived two houses to the north from the subject property. He believed the City made a mistake by selling this lot, when it was not buildable. He feared the City put this family in a tough spot because a house would not fit on this lot. He reported 25% of the proposed home would not fit on this lot. He stated he was not anti - development, but he anticipated a dangerous precedent would be set if the City were to approve the requested variances. He indicated this lot was not designed for a 2,300 square foot foundation home and recommended the Commission deny the requested variance. Chair Vijums closed the meeting for public comments. Chair Vijums commented when this property went for sale he reluctantly approved the sale, but he did so with the understanding the lot would require a variance for lot size. He stated the buyers purchased the lot with the understanding the lot was non -conforming. He indicated he would not be supporting the requested variances, because the requests were well beyond what the City would typically see. Commissioner Wicklund explained this was an incredibly complex situation. He believed the City should take some responsibility for the complexity of the situation, which was unfortunate. He stated his preference would be to find a workable solution. He suggested a structure be pursued that was put into the buildable area red triangle that was modern and required only five extra feet versus the requests that were currently before the Commission. He indicated he would not be able to support the variances as requested from the applicant. Commissioner Jefferys stated the variance request process was arbitrary and the applicant knew variances had been approved by the City in the past. However, the applicant may have been taking too big of a risk when purchasing this property. Commissioner Collins agreed the variance issue was complicated. He indicated the applicant was requesting a standard house that fit the character of the neighborhood. He noted the setbacks were to the property line and do not infringe on the neighbors, but rather infringe on the roadways. He believed the applicant had significant right-of-way from the house to the streets. He reported the driveway requirement was a safety issue for him because the City did not complete a survey on the property to see if a driveway could even be accessed from Ridgewood Road. He noted the property to the north accesses Snelling Avenue and for this reason he could ARDEN HILLS PLANNING COMMISSION — November 9, 2022 8 support the subject property having access to Snelling Avenue. He believed a modern home would not fit into the neighborhood and stated he would be in favor of the variances as requested. Commissioner Wicklund clarified for the record that the Planning Commission would make a recommendation to the City Council on this item and the final decision on this variance would be made by the City Council. Community Development Director Jagoe reported this was the case. She noted if the Commission wanted the applicant to reconsider the home on the lot, or the home size, action on the variance could be tabled to a future Planning Commission meeting. Chair Vijums stated the Commission could table action on this item in order to allow the applicant to reconsider his plans that meets or more closely meets the setback requirements. He indicated this would allow the applicant to come back with a design that more closely meets the design criteria of the City. Community Development Director Jagoe reported an extension would be required from the applicant if the Commission were to table action on this item. Further discussion ensued regarding how the right-of-way was measured for this property. Councilmember Holmes commented on the discussions the applicant had with the City Council at the October Work Session meeting. Commissioner Wicklund commented that either way this property was accessed, whether from Ridgewood Road or Snelling Avenue, the driveway would be steep. He stated he was not recommending action on this item be tabled because this would carry the action over into 2023 and a new City Council that was not familiar with this property. Chair Vijums questioned how the Commission wanted to proceed. Commissioner Blilie asked if the Commission could approve with a strong recommendation requesting the applicant to pursue other architectural designs to reduce the variances requested. Chair Vijums commented the applicant was requesting specific variances and the Commission had to make a decision whether or not to support the requested variances. Commissioner Blilie stated she would approve the variances at this time. Commissioner Collins explained he would support the variances as well. Commissioner Weber indicated he was torn on this request, but stated he believed he could support the request at this time. Commissioner Mitchell reported she would vote to approve the variances for this unique lot. She stated she would like to see the property utilized for a single family home. She commented the encroachment would be on the streets and not unto the neighboring homes. For this reason, she would be voting to support the requested variances. ARDEN HILLS PLANNING COMMISSION — November 9, 2022 9 Commissioner Jefferys stated these were all good points, but noted she would not be able to support the variances as requested. Commissioner Wicklund indicated he would also vote to deny the variance given the fact the setbacks requested were significant. Chair Vijums commented he would also be voting to deny the variance because the requests were too significant for the lot. Community Development Director Jagoe clarified the City would be required to issue a variance for the non -conforming lot depth component in order for any future development on the lot to occur. She explained the Commission could make two motions on this Planning Case in order to separate the non -conforming lot depth from the setback/driveway access variances. Commissioner Blilie reported the City sold this lot for residential developmental purposes. She believed it would be outrageous to sell the lot without approving the lot depth variance. Commissioner Weber stated the reason this lot was sold was because it was excess property of the City that did not have a designated use. Community Development Director Jagoe stated the City Council was willing to sell the lot after being approached by a prospective buyer. She explained the Council completed a title report and found there were no future park purposes, encumbrances or deed restrictions, which then led the Council's decision to sell the land. The Planning Commission as part of the process for disposal of city land also had approved last year that the potential sale would be in compliance with the City's Comprehensive Plan. Councilmember Holmes clarified for the record, when the City sold this land the listing stated a variance would be granted for the non -conforming lot depth. She stated development could not occur on this lot without approval of a lot depth variance. Chair Vijums recommended the Commission break up the action for this Planning Case into two separate motions. The first motion would be for the non -conforming lot depth variance and the second would be for the setback/driveway access variances. Commissioner Collins questioned why the Commission had to take action on the non- conforming lot variance when it was assumed this would be approved by the City Council. Chair Vijums stated the Commission had to make a recommendation to the City Council on this Planning Case for the requested variances. Commissioner Collins moved and Commissioner Blilie seconded a motion to recommend approval of Planning Case 22-019 for the Variance at 3588 Ridgewood Road on the findings of fact and the submitted plans, as amended by the thirteen (13) conditions in the November 9, 2022, report to the Planning Commission. The motion failed 3-4 (Commissioners Jefferys, Weber, Wicklund and Chair Vijums opposed). ARDEN HILLS PLANNING COMMISSION — November 9, 2022 10 Commissioner Wicklund anticipated the lot depth variance would be reviewed and approved by the City Council. Community Development Director Jagoe requested the Commission still make a recommendation to the City Council on the lot depth variance. Commissioner Weber moved and Commissioner Mitchell seconded a motion to recommend approval of Planning Case 22-019 for the Non -Conforming Lot Depth Variance at 3588 Ridgewood Road on the findings of fact and the submitted plans, as amended by the thirteen (13) conditions in the November 9, 2022, report to the Planning Commission. The motion carried unanimously (7-0). Community Development Director Jagoe requested the Commission make a motion denying the setback and driveway access variances with findings for the recommendation of denial. Chair Viiums moved and Commissioner Wicklund seconded a motion to recommend denial of Planning Case 22-019 for the Lot Setbacks and Driveway Access Variances at 3588 Ridgewood Road based on the degree of the setback variance requests being too significant, the site was to be accessed from Ridgewood Road, and for safety purposes when it comes to the driveway access. The motion carried 4-3 (Commissioners Blilie, Collins and Mitchell opposed). B. Planning Case 22-021; City of Arden Hills — Zoning Code Amendments — Chapter 13, Design Standards and Tree Preservation — Public Hearing Required Community Development Director Jagoe stated at their September 19th work session, the City Council discussed draft language for a proposed tree preservation ordinance. The City Council had previously requested Staff to investigate changing the City's ordinance as it relates to tree preservation. Staff was directed to research whether or not the scope can be broadened to include items, such as landscaping or other green spaces. The City Attorney in his preliminary review of the draft changes believed the amendment would accomplish the flexibility being sought. The general consensus of the City Council was to move forward with the proposed amendments as presented in the work session and with the references to "green space" being modified to "landscaping". Community Development Director Jagoe commented staff was directed to finalize the language with the City Attorney and bring forward the proposed ordinance to the Planning Commission for the first review and to hold a public hearing. Following the public hearing, the draft ordinance language with recommendation of the Planning Commission would be brought to the City Council for subsequent discussion and adoption. Community Development Director Jagoe explained staff has prepared a draft ordinance showing stricken language to be deleted and new language added in red font for your review. The general consensus of the City Council was that the current ordinance language is narrowly focused on tree preservation. The city code defines landscaping as "plantings such as trees, grass, shrubs." Under the tree preservation ordinance as written, the City Attorney confirmed that the tree fund or a fee in lieu of planting may only be used for tree related expenses. The Council noted that there are projects (i.e. parks, right-of-way) in the City that could be considered or in Attachment H It -ADEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2022-054 RESOLUTION APPROVING A VARIANCE FOR THE SUBJECT PROPERTY 3588 RIDGEWOOD ROAD WHEREAS, City Staff received a land use application for a variance request to the lot depth on the nonconforming parcel, to decrease the required front yard setback from the property lines abutting Snelling Avenue North and Ridgewood Road, and the driveway access off Snelling Avenue North for a proposed single-family residential dwelling on a property in the R-1 District at 3588 Ridgewood Road ("Subject Property"); WHEREAS, the Subject Property is a nonconforming lot of record deeded to the City through the State and County from the Old Snelling Avenue corridor right-of-way, now referred to as Snelling Avenue North; WHEREAS, the Planning Commission has determined that a potential sale of the City owned property at 3588 Ridgewood Road would be in compliance with the City's Comprehensive Plan; WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission, acting as the Board of Adjustment and Appeals, duly held a hearing on November 9t", 2022. All persons present at said meeting were given an opportunity to be heard and present written statements; and WHEREAS the Planning Commission considered the Applicants request for nonconforming lot depth, front -yard setback, and driveway access variances and, as such voted 7- 0 in favor of the recommending approval of the reduced lot depth on a nonconforming lot with 13 conditions, and voted 4-3 recommending denial of the reduced setbacks and driveway access off of a collector street. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2022-054 approving Planning Case 22-019 for a variance request at the Subject Property 3588 Ridgewood Road for future development of the nonconforming parcel with a reduced lot depth and reduced front yard setbacks abutting Ridgewood Road and Snelling Avenue North and driveway access off of Snelling Avenue N. BE IT FURTHER RESOLVED that City Council approves Planning Case 22-019 for a variance request at the Subject Property 3588 Ridgewood Road, based on the findings of fact and the submitted plans in the November 281h, 2022 Report to the City Council, as amended by the following conditions: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City's PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 4. Upon completion of grading and utility work on the site, a grading as -built and utility as -built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A separate right-of-way permit for each roadway shall be required for work performed within the City right-of-way. 9. All Public Works Director/City Engineer comments as stated in the November 9, 2022 Staff Report for driveway access connection and utility connections shall be addressed and are adopted herein by reference. The Applicants shall be financially responsible for 100 percent of the costs for connections. 10. The Applicants shall be responsible for obtaining a Sanitary Sewer Connect Permit. 11. The Applicants shall be responsible for obtaining a Water Connect Permit. 12. Prior to the issuance of a building permit, the Applicants shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 13. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 2 To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF NOVEMBER 2022. 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