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
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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.
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County Road E W
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County Road E W
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County Road E2 W
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Edgewater Avenue
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Glenpaul Avenue
1,420.20
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Glenpaul Avenue
96.11
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Grant Road
97.13
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1860
Grant Road
57.24
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Grant Road
65.89
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Grant Road
216.96
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Hamline Avenue N
105.75
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Highway 10
120.23
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Indian Place
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James Circle
183.06
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Janet Court
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Karth Lake Circle
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Lake Johanna Boulevard
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Lake Valentine Road
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Norma Avenue
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Norma Avenue
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Old Highway 10
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Old Highway 10
22.21
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Ridgewood Road
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3194
Shoreline Lane
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3195
Shoreline Lane
97.42
146.13
16.56
260.11
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3354
Snelling Avenue N
59.71
66.10
16.56
142.37
11.39
153.76
333023320008
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2000
Stowe Avenue
105.37
130.98
16.56
252.91
20.23
273.14
283023330011
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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
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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
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9,367.15
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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):
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*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
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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.
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.
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