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Home My WebLink AboutCCP 08-10-1987 lit ::::::< Co""<', "'"".. . ~ Village of Arden Hills Monday, August 10, 1987 - 7:30 P.M. Village Hall I. Call to Order and Roll Call. 2. Approval of Minutes, July 27, 1987. 3. Business from the Floor. 4. Assessment Resolutions. I A. Resolution No. 87-44, RESOLUTION CALLING FOR HEARING ON PROPOSED ~ ASSESSMENT OF IMPROVEMENT NO. P-ST-87-1 (GLENHILL) ~ B. Resolution No. 87-45, RESOLUTION CALLING FOR HEARING ON PROPOSED _ iIl,~i ASSESSMENT OF IMPROVEMENT NO. SS-W-P-ST-85-2 (EDGEWATER) C. Resolution No. 87-46, RESOLUTION CALLING FOR HEARING ON PROPOSED ~ ~'~ A~ESSMENT OF IMPROVEMENT NO. SS-W-P-ST-86-1 (NORTHWOODS) \ D. Resolution No. 87-47, RESOLUTION CALLING FOR HEARING ON PROPOSED ~l~~~'~ ASSESSMENT OF IMPROVEMENT NO. P-85-3, HAMLINE AVENUE (PHASE I AND . "PHASE II) 5. Planning Commission Recommendations v /{ ~, A. Case No. 87-25, MSI Insurance Company, Amended Site Plan Review, ' pClO\l-R. _Parking Lot Expansion. B. l/Case No. 87-27, Land O'Lakes, Inc., Amended Site Plan Review, Parking (\)~,&^Jll}-Q.. __.. Lot Expansion. )J C. v"Case No. 87-23, Reeves, Rezoning to R-4 and PUD Concept, Highway~ , I( 4" ' ~ _?,6/Snelling. ,(f~I~ D. ~c'ase No. 87-24, Blue Fox Inn, Amended SUP for Expansion. ~". ~' d.. E. ~~~,e No. 87-26, Edgewater Estates, PUD General Plan Review, ~;;;z~CA --~wnhouses, Highway 10 and Parkshore Drive. ,~ 1.."Nl"'&\~ (' ~d.. 6. ~ed Limit, Lake Johanna - Proposed Ordinance Amendment. OR.d.. fr ) 7. Report of Parks and Recreation Director John T. Buckley. ~~~ Arden Oaks Park Development. ~ ~ . B../____ Summer Program and Maintenance Perso~,~el., .-,fu. 8.'/))'rainage Complaint ., Tiller/Dellwood~ / . ~<' fi,. '-f,' I ~ C~IW-",' - )\ll~~tI'&-Q Treasurer's Report~ 1~ I, --;: j J ' " ,., (' /)1 I "l' 10. Other Business. '_ , ' 11. Report of Clerk Administrator Patricia J. Morrison. <1l-jK?'L__A. __ Resolution No. 87-43, Q-wnership Transfer - Minne..polis Hide and Tallow ~, to Kem Milling Division of Darling and Company. --~. R~ Request for Special Event Sign, Arden Hills Amoco. (~ C,_.. Request for Special Event Sign, My Designer Jewelry (McGuires). ~ D. Request for Temporary Residence - Mary Ferguson, 1500 Arden Vista a --C t - our . , (I f ~ . ~Request for Trailer at Water Tower Site, Larson Tank Company. /rJs '9L. ~.. ',><<h,....f ..,1""_, "'.~,,~. ;"" v~ F. -- 1988 Budget Guidelines. -- ~ it. '\ G: Restaurant License Application, China Wok (Shannon Square). ~~ I H. Claims and Payroll. 12. Adjournment. ~~yt-- -" - . MEMORANDUM -------------------------------------------------------------------------- Date: August 10, 1987 To: Mayor and Council From: Patricia J. Morrison, Clerk Administrator Re: Agenda Items --------------------------------------------------------------------------- Councilman Sather will not be at our August 10 meeting; therefore, the meeting has been set for 7:30 p.m., rather than 7:00 p.m. 4. Assessment Resolutions The Resolutions will set the Assessment Hearings for August 31 for Glenhill, Edgewater, Northwoods and Hamline. For the Notices (which will be mailed August 14 and published August 17), we will need to know the amount to be assessed, method of assessment, number of years the assessment will run, and percentage of interest you wish to place on unpaid assessments. 5. PlanninR Commission Cases Case 87-25: The additional parking (152 stalls) requested by MSI was recommended for approval by the Planning Commission. . Case 87-27: The additional parking (76 stalls) requested by Land O'Lakes was recommended for approval. Case 87-23: An application by Mr. and Mrs. Reeves for a rezoning (from R-l to R-4) and PUD Concept Plan. The Planning Commission (by a 3/2 split vote) recommended approval of the PUD Concept Plan and delayed consideration of the Rezoning with consideration of the General Plan. The question of conditional zoning was discussed. Case 87-24: The Planning Commission recommended approval of the -request, by Blue Fox Inn, for amendment to their SUP, for the construction of two small additions tc t~sir restaurant. The recommended approval was conditioned upon installation of parking signage on the east end of the building, and replacement of existing plants. Case 87-26: The PUD General Plan, of Edgewater Estates, for the 31 townhouse units, was recommended for approval with several conditions, as outlined in the Planning Commission minutes. 6. Speed Limit, Lake Johanna Mr. Lynden will be forwarding a copy of the proposed ordinance, limiting speed on Lake Johanna (outside of the hours already restricted to 5 mph) to 40 mph, directly to your homes. Mr. Lynden has not been asked to attend the meeting. 7. Parks and Recreation Director's Report Mr, Buckley will be present at the meeting to discuss his memorandum. . 8, DrainaRe Complaint - Tiller and Dellwood This matter was continued from the July 27 meeting. As indicated in the memo attached to Mr. Bear's letter, we have not received any , further information on this matter form either the property owner, or . Rice Creek, other than site requirements. - 11. Report of Clerk Administrator Patricia J. Morrison A. Resolution 87-43: We have enclosed a Resolution transferring ownership from Minneapolis Hide and Tallow to Kem Milling. With this formal approval of transfer, the Council need only approve the agreement annually, as has been the case in-the past. Band C. Special Event Si~ns: Arden Hills Amoco is requesting permit for "free car wash" sign; Designer Jewelry is requesting a permit to sell jewelry at McGuires. Each have received approval twice before this year for same purpose. ~: Two requests for temporary housing have been received. In accordance with the Building Code. such temporary housing is to be approved by the Council. We have attached letters relating to the requests. E.: Replacement of Typewriter: Please note Cathy Iago's memo; she will be prepared to answer any questions you have on Monday evening. F. Bud~et Guidelines: Charlotte has prepared, and we have enclosed, 1988 budget guidelines for employees' salaries and investment interest. . G. Restaurant License: for China Wok - to be located in Shannon Square. . Ik- - MEMORANDUM . --------------------------------------------------------------------------- DATE: August 7, 1987 ~ To: Mayor & Council -- From: Patricia Morrison, Clerk Administrator Re: Informational Items ------------------------------~-------------------------------------------- Hamline/ 96 : The purchase agreement is still being negotiated, with provision for location of Daybridge at the corner of 96/Hamline. The council had authorized Planner/Administrative review of the Daybridge facility; however, the seller now advises Mr. Lynden that they do not wish to have administrative review of the site within the contract language. Mr. Lynden advises he has recommended review of the site first, and, signing of the Agreement after that. Study, Exterior Completion of Structures: Orlyn Miller will have this available for Council on August 3lst. . Committee Applications: We have received 2 applications for the Finance Committee, and one application for the Human Rights Committee, with a few more phone inquiries expressing interest. . We will submit the Application to Council for consideration at one of our upcoming meetings. County Road E: Ramsey County is conducting the study on County Road E in response to the Council's request relative to MSI'S request for a semaphone. We ,anticipate receiving this in early September. Public Works Contract: As discussed before, we have submitted our contract for response from the Public Works union representative. The contract (1987 only) is: January 1, 1987: $.10 July 1, 1987: $.05 Insurance: $195 (employer's share) After receiving a response on the above, Karen and Tom will be asking that an addendum to the contract be added for a Maintenance I position rate (Council has adopted a resolution establishing the position; if the union does not wish to negotiate the wage rate, it will be set at the proposed MAMA rate of $8.72). Karen will be summarizing actions in a memo to you, in a couple of - weeks. - . Informational Items, 8/7/87 Page 2 . Water Tower: The paint contractor continues to work on the tower only on week-ends. They hope to finish the primer coat this weekend. -- Miscellaneous: For your information, have attached: -- I) Note from Thomas Mahowald, 1306 Wynridge. re: utility discount for seniors~ 2) The Light Brigade requesting consideration of funding from Pot O'Gold. 3) Update from Dave Lissner re: activities of Bethel. 4) Memo (previously given 'you) from Jim Lynden relative to "conditional zoningll; submitted at request of Mayor, in connection with Reeves Case #87-23. . . - - --. NOTICE OF WATER AND SEWER UTILITY RATE CHANGES EFFECTIVE JULY 1, 1987 The Finance Committee recently reviewed current water and sewer utility rates, . comparing the rates charged with the costs incurred in providing you with these services. It found: (1) sewer rates have not been increased since 1981; costs to Metropolitan Waste Control Commission have increased 15% in that time;, (2) water rates have not been increased since 1984; operating costs, caused -- primarily by an increase in costs of water purchased from St. Paul, have -- increased 15% in that time also. The Council approved the following changes: Sewer Quarterly residential rate will increase to $3l.23 per quarter.. Commercial/industrial/institutional rates will increase to $1.68 per thousand gallons. The charge to senior citizens/totally disabled persons will increase to ~~.;;," $15.62 per quarter. ,\ ~~yJ- ~LI\ ) Water (p,u.. ----rncrease water rates to $1.27/l,OOO gallons. ~ ~~ Increase quarterly minimum charges as fOIIOW~~ ~ THOMAS MAHOWALD /' /" ,oN- ^ 1306 WYNRIDGE DRIVE New Quarterly 9, '\ ~ ~ ARDEN HILLS, MN Meter Size Minimum Charlte \:> \ \:'t.~ ~ 5/8" ($ 14.50 L,u...'Qv-v. 0 1" I 28.75 . \'i- or 1-1/2" ! 58.00 ~\.~ c- ,~ 2" I 87.00 ~ ~ 3" / 173.25 I...~ ~ ( 4" I 260.00 , ~ 6" / 433.00 ~(J. . . 8" / 866.25 ~ D\tU'- 10" 1,299.25 'l ~ o.;-l" 12" 1,732.50 So'" c)rtr ~ . Standby rates will not be ,.-increased, The City will continu~' policy oti ~i k . having no minimum charge forj)'enior and disabled citizens. ~~ ****************** ****************************************** SENIOR AND DISABLED CITI n Senior and totally di'sablE;cr~izens receive a discount of 50% on their sewer bill, and are charged for actual w ter used. To qualify, the head of household must be 65 or older or totally., isabled, and there must be no more than three residents in the dwelling. fJ\ilffidavit must be filed with the Village Office to obtain this discoun --~ ************************************************************* Utility Billing Schedule 8% Delinquency Penalty Quarter of Year Billinsr Date Applied for Non-Payment First April 20 June I Second July 20 September 1* Third October 20 December 1 Fourth January 20 March I ~ - *In addition to the above, an 8% Certification Penalty is required to be added to delinquent arrears when certified to the County for collection with taxes. .. To avoid this additional penalty, payment must be received by September 30. -. --...-- (:../~/ \,,} .--: '. .~. --;,-. y,~ - The LIGHT BRIGADE 1900 West County Road F r r Arden Hills, MN 55112" " r" '~_J' . -(' \ i/ ._ August 3, 1987 / / "~../ -- -- Mayor Robert Woodburn and Members of the Council Arden Hills City Office 1450 West Highway 96 Arden Hills, MN 55112 RE: Local Charities for Gambling Hall Dear Mayor Woodburn and Council Members: As you may know, the Light Brigade is a local charity organized in the fall of 1985 for the purpose of raising enough money to install lights on the athletic field at Mounds View High School located in the city of Arden Hills, On July 14, 1986, the Arden Hills City Council approved a special use permit for the athletic field lighting. Everything went very smoothly at the night soccer and football games last fall. Many of the residents adjacent to the athletic field not only voiced their approval, but also contributed toward the payment of the lights. . The cost of the lighting project came to $67,500. Support for the lights has been community wide. Students, parents, alumni, friends, business and civic organizations have contributed $50,500. Our honorary chairman for the community fund raising efforts has been former Arden Hills Mayor, Robert Ashbach. We - are, however, fin<ling the last $17,000 very difficult to raise. It is our understanding that there is an ordinance under consideration that would provide for local charities to be included in the Gambling Casino located in the old Shaw Lumber building. Naturally, our organization would strongly urge you to consider this plan, and we would hope that the Light Brigade would receive your consideration as one of the deserving local charities. The lighted field provides a real need for the youth of this community. If additional information is needed, please let us know, We would be glad to appear before the Council to address any concerns or questions. Thank you, Herb King Co-Chairman, Light Brigade Home Phone: 636-0511 - - tit Bethel College & Seminary Foundation 900 Bethel Drive 51. Paul, Minnesota 55112 Telephone: (612) 638-6235 .- August 5, 1987 Mayor Robert Woodburn Chairman Robert Curtis City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 Dear Mayor Woodburn and Mr. Curtis: This letter is meant to bring you up-to-date with our ongoing planning and schedule for the continuing development of the campus as provided for in the master plan. Two relatively small projects are being considered for the near future. First, in the interests of being able to store our grounds keeping equipment under roof and generally clean up the storage area in the southeast corner of the campus, we are planning to construct at least the first phase of the maintenance building as shown for that area, We may try to accomplish that as a late fall project, but more likely in the early spring of 1988. We have been in contact with Orlyn Miller to help to ensure that in our preliminary thinking we take into account as much as possible the effects on areas adjacent to that part of the campus. Secondly, the Minnesota Intercollegiate Athletic Conference is requiring for all of its member schools that provision be made for a filming platform for approved football fields. Such facilities have indeed become normal, and we plan to include such a platform as a permanent part of the bleachers and pressbox facilities appurtenant to the permanent football field when that is constructed in its planned location. To satisfy the M.I.A.C. conditions for this year, however, we plan to simply rent an appropriate scaffold platform for the eight or nine weeks involved and have it erected on the back edge of the existing bleachers. We have been able to develop our planning a bit further with respect to the timing for the construction of Bethel's last major building, the Chapel- Auditorium facility. If fund raising and planning continue as scheduled, we will be ready to apply for the building permit in the spring of 1989 and begin construction that fall. We believe that this facility will be a great addition to the campu~ and an asset for the entire community. As always, let uS know if there are any questions or if there is any way in which we can be of service. - Sincerely, - David A. Lissner Vice President DAL:bjo . ~. .. .. JAMES S, LYNDEN ATTORNEY AT LAw ~ . -~ -- March 30, 1987 Arden Hills City Council Ci ty Hall 1450 West Highway 96 Arden Hills, Minnesota 55112 Attention: Ms. Patricia Morrison Clerk-Administrator /;--:::.:=::.:::.::=:::-:---:-:~. ~ . Re;;::"'-tase No. 87-4,yckson-Scott & Associates, Inc.--Rezoning of -Parcel -at Corner of S.T.H. 96 and Hamline Avenue North Dear Members of the Council: . This matter was on the Council's agenda for the meeting on March 30, 1987 but was postponed by the Applicant until the first meeting of the Council in Apri l. At the Council's last meeting, the Applicant's attorney, Jim Stolpestad, suggested the Council - consider some type of contract or conditional rezoning as a means by which to alleviate its, and the neighbors, concerns about rezoning the subject parcel outright. He was apparently advised to contact me and did. I told him, in our ini tial conversation, that contract or conditional rezoning was something the Ci ty had never engaged in (because I had informed previous Councils that it was not a favored zoning technique) but invited him to send me a letter setting forth cases in which contract or condi tional rezoning had been upheld. Mr. Stolpestad did send me such a letter. A copy thereof is enclosed herewith. After reviewing the letter, I called him to advise that I was not particularly persuaded by the case authorities set forth therein. I referred him to an annotation of cases on the subject of .Rezoning--Special Restrictions. which I had found in Volume 70 of ALR 3d. That Annotation generally points out that most Courts throug hout the country have held attempts at contract or cond i ti onal rezoning to be invalid as constituting an illegal contractlllG __ . oway of the zoning authority's governmental powers. At least one exception to this general rules exists; that is, an agreement or declaration of covenants and restrictions for the benefit of surrounding - neighborhoods, neighborhood associations, but enforceable by the municipality (by injunction) , or a similar form of agreement - between the developer and a public agency not having final zoning - 612223-5436 612297-6400 800 AM HOIST TOWER ST PAUL, MINNESOTA 55102 - - Arden Hills City Council Attention: Ms. Patricia Morrison Page 2 . March 30, 1987 -- - - authority (e.g. a planning or zoning board) have been held not to constitute illegal condition or contract rezoning. I have so advised Mr. Stolpestad. Mr. Stolpestad is not so sure that an agreement with the surrounding neighbors can be achieved. The neighborhood associations apparently do not represent the interest of all citizens. There is a nucleus of women, he has told me who are quite adamant about having the land developed at all. He says that his client would be will ing to reach some type of contractual arrangement with the planning commission of the City which, of course, does not have final zoning authority. I told him in a phone conversation on March 30, 1987 that I would broach this possibility with you. Be fore you even consider contract or conditional rezoning, you should take a step back and look at the whole issue from a different perspective. The subject parcel is presently zoned B- l. That is an extremely restrictive zoning district. The only . uses permitted as a matter of right in that district are farming, clubs and lodges, daycare facilities for over ten individuals, offices, research and utility distribution lines. The rest of - the uses which are permissible in that zoning district are only to be permitted after careful scrutiny by the planning commission and the Council and issuance of a special use permit therefor. The Applicant wishes to rezone the subject parcel to B-2. In that district, the following uses are permitted as a matter of right: farming, clubs and lOdges, commercial recreation, daycare facilities for over ten individuals, hotels and motels, medical clinics, offices, personal services, restaurants, retail sales, and utility distributions lines. The rest of the uses permissible in that zoning district are only permitted after a thorough review by the planning commission and the Council and the granting of a special use permit therefor. The more offensive uses allowed in B-2 districts--e.g., drive-in businesses, fast food restaurants, electronic towers, land reclamation and mining, motorized vehicle sales, etc. and service stations--cannot be instituted unless the council grants a special use permit. Accordingly, as to those uses which would be deleterious to the surrounding neighborhood, the Council has absOlute, discretionary control. Thus, I do not even see the need for a contract or conditional rezoning. ~g!\~~~ff I as to those uses which are permitted as a matter of .... I - right, the Counci 1 has authority under Section VIII. E. of - Appendix A of the Arden Hills Code (the Zoning Ordinance) to conduct a thorough site plan review of the landowner's plans for - - . . Arden Hills City Council Attention: Ms. Patricia Morrison Page 3 . March 30, 1987 -- -- constructing a pri ncipal building on -the si te. The Council's action, at the conclusion of such proceeding, may include approval, approval with conditions, denial in whole or in part, tabling for a specified period in time, or referral back to the planning commission for further consideration of the application and report to the Council within a specified period of time. This process thus gives the Council control over the ways in which a permitted principal use in a business district shall be implemented. What I am suggesting in the latter part of this letter is that contract or conditional rezoning of the subject parcel may be unnecessary. The uses which are permitted as a matter of right in a B-2 district are limited in number and do not seem to me to have the same capability for producing harm to the surrounding neighborhoods as do those which cannot be instituted until after the Council has granted the developers thereof special use permits. Your Judgment, rather than mine, does and should control on this point. . I think that Mr. Stolpestad would appreciate some guidance from you as to how you wish the Applicant to proceed on the matter. I would appreciate the benefit of your thoughts. ~ Very truly yours, James S. Lynden City Attorney for the City of. Arden Hills JSLjras tit , - . .. . DOHERTY 1500 E. Erst National Bank Building 3750 IDS Tower Magrud", Building 332 Minnesota St:reet 80 South Eighth Sln'ot 1625 M Sln'ot, N,W, RUMBLE Saint Paul, Minnesota 55101-1391 Minneapolis, Minnesota S5402~2252 Washington D.c 2(0)6 Telephone (612) 291.9333 Telephone (~12) 340-5555 Telephone (202) 293-{)555 & BUTLER TE'If"Copief (612) 291-9313 Telex 290-635 Telecop;'" (202) 223-8790 . PROFESSIONAL AS5<XIA TION AHomeys at Law Writer's direct dial number: 291-9409 Reply to Saint Paul offiCt' -- FT;ln~ Cl.avroume - - lohn L. Hannaford r""YM,Wil.o;On,l' ~Haljoran Ht"Tlr....D F1.a~h Eug:ffi~M Watheh ~mt"SJ( .....iMl'Tlbt-rg john I. McGlrl,)r ~E_Rohri(hl March 23, 1987 BoydH, Ratchye ~anREd!;trom RalphK. Morris ~E,H/lnson J_14"'~ct'Mclnt\.'TE' DELIVERY BY MESSENGER Ri.;-hard.I>,WilhOlt Wilham) C~l?T11i jolmt'!'-' Stoirestad Mr. James S. Lynden Rus~!lCB!'(J",'n SIepf1l"n E. Smlrh Attorney at Law Jamt'$j.Rvan RonilldA. Zamansl<.v Amhoist Towe r k.nnb,oJlJ [)(oVQV C RoNoI't &-.1.ttir Saint Paul, Minnesota 55102 DaV'ldG,Martin Jlmalhan r.xoll TirMthv R. Quinn Re: Arden Hills Property Alanl.SUVeT Ja~R.Crasswl"lk, }olmA.Yilek Dear Jim: JeitrEoy B Oberman G~or.'''' ~~'am Pf'nl'lopE'A. Hunl WilliamL5ippe-l Gary Gandrud informs me there are two ways to deal with Gal""Hanst.'T1 fd";ardF Fo>; the concerns of some ne ighbors near the Highway 96 and MarvE,Probost Hamline Avenue site rezoning to B-2 (the specif ic . r..a~R,Ed:.ll.lnd over a David M, Cremons issue being, if the Village permits a rezoning how does it Elizabett1H~{' l..D.aM.HUTWitI know the developer will do what he says he will do once S~Ann-';elSOT1 ~tDflo,o;trom the property is rezoned?) . I would hope one of these - Ann E Tooln approaches discussed below would be acceptable when Lon w~rark.~ we Davidrs....anson appear before the Village Council next Monday night, March Ronald D McFall Robf-l'tP. ~;!lI'1dE'l 30, 1987, to request a rezoning of this property from B-I Susan(,Weingartner Erin K }ordahl to B-2. Marc J Mandet"sd.....id Dawn L. Gagne Donald W. NiI~ First, the Village can rezone the property now but retain lA-naM,SE'tut MaJiha Oari<. control over the ultimate development of the property by MichaE'J R. Doxhm..' ~raEROS(>r1bi~ exercising its normal site plan approval rights. This DanielCMott apparently is the way Minnetonka and other suburban Marga~J,M.adden communities Gary has worked with deal with this question. OfCOWlKI J.CFoote lrvil'lf;Clan Second, the Village can agree now to rezone the property Dani..i.... O'Bri..n WilliamB,R.mdall later if the developer does what he says he will do with FrankSF.un>lI respect to type of building to be constructed, uses, Ricl'lard H. Magnuson ~eCKing hours, etc. when he comes in for site plan approval. For CariA.S...'t'1'\sor. Ridurd B relf'1'!;On authority for this kind of rezoning, Gary cited me to the attached Housing & Redevelopment Authority v. Jorgensen case (328 N.w.2d 740) in which the Minnesota Supreme Court, upholding an agreement entered into between the City of Tyler and a developer (in this case a housing and redevelopment authority) pr ior to the rezoning process, required the city to follow through on the rezoning - agreed to (granting of conditional use measures - permits). In our case, the Village could agree now to - H 0 , " t . . DOHERTY RUMBLE & BUTLER . PROFESSIONAL ASSOCIA T10N Mr. James S. Lynden ~- March 23, 1987 -- Page 2. re zone the property and actually re zone when the Village grants site plan approval. The attached Northwestern Colleqe case also gives the Village some guidance in this si tua tion. As you probably recall, the Court said: iP {lIl4/ "Although neighborhood sentiment may be ~ re taken into consideration in any zoning decision, it may not constitute the sole ~ basis for granting or denying a given permit." Jim, I hope this information will assist you in advising the Vi llage of Arden Hi 11s in this matter. Gary said he would be happy to talk to you about the Jorgensen case. Very truly yours, . {Jftv\ James A. Stolpestad - JASjjll:55 Enclosure cc: Jackson-Scott & Associates, Inc. Gary L. Gandrud, Esq. - - tit ;L.; MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING Monday, July 27, 1987, 7:00 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notice thereof, Mayor Woodburn . called the meeting to order at 7:00 p.m. ROLL CALL The roll being called the following members were present: Mayor Woodburn, Councilmembers Nancy Hansen and Gary Peck. Also present: Attorney James Lynden, Engineers Don - Christoffersen and Barry Peters, Public Works Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. CLOSED MEETING - Council discussed labor negotiations at a closed LABOR NEGOTIATIONS meeting between 7:00 and 7:30 p.m. APPROVE MINUTES Council discussed the motion for approval of the air-supported structure for the Arden Hills Club (page 4); expressed concerns relative to parking proximity to structure as outlined ,in the Uniform Fire Code. After discussion Council concurred that if a problem arises relative to the parking requirements pertaining to air-supported structures the matter should be returned to Council for consideration. Peck moved, seconded by Hansen, that Council approve the minutes qf the Regular Council meeting of July 13, 1987, as submitted. Motion carried unanimously. (3-0) OTHER BUSINESS Chul Chung, owner of Charlie Chung's restaurant, REQ. LIQ. LIC. appeared before the Council to discuss his request for an On-Sale Liquor License; Council was referred to a letter from Mr. Chung dated July 18, 1987, stating his reasons for the . request. Chung stated he had discussed the matter with the Deputy Clerk and was told that there are no liquor licenses available. . Clerk Administrator Morrison explained that State Statutes allow 6 On-Sale Liquor Licenses to be issued by Statutory Cities with population between 5,000 and 10,OOO. There was discussion relative to the census figures, population projections and current population figure for Arden Hills. Chung stated that State Liquor Control advised cities could issue more licenses; also questioned if off-sale or club licenses,were available in Arden Hills. Morrison explained that the question of an,~dditional license would have to be placed on the ballot at an election; she noted that generally metropolitan area cities do not issue more licenses than the State allows. She further advised that she would research the off-sale and club license question and contact Mr. Chung. RES. 87-37; ASSMT. Council was referred to Resolution 87-37, re: Glenhill GLENHILL IMPRVMT. Avenue improvement assessments. Barry Peters, SEH, discussed the computations for the total cost of the improvement; he noted that this is a joint project with the City of Roseville . and that Arden Hills proportionate share of the total cost would be 46%. Peters asked for Council guidelines for amount 'to be assessed and method of assessing the benefitted property owners. . Council concurred that the amount to be assessed should remain at 50% as stated in the resolution; they noted that this percentage can be reduced but not exceeded. After discussion, Council concurred that the assessments should be on a per lot basis for the Glenhill Improvement. Council questioned the terminology in item #2' of the resolution: "..without regard to cash valuation,.."; Attorney Lynden stated this is a standard resolution and he would eval~te if the terminology should be stricken. . Moved by Hansen, seconded by Peck, that Council approve Resolution No. 87-37, RESOLUTION RELATING TO IMPROVEMENT NO. P-ST-87-l GLENHILL DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT . ROLLS; furthermore, that Council determined up to 50% of the costs may be assessed to affected proper~y owners, calculated on a per lot basis. Motion carried unanimously. (3-0) -- Minutes of the Regular Council Meeting, July 27, 1987 Page 2 RES. 1/87-38; Council was referred to Resolution 87-38; Edgewater EDGEWATER EST. Estates improvements. . Barry Peters explained the interest costs for carrying the project, at a rate of 8%, were omitted from the calculations; the total cost of the improvement - should be $284,182.00 and would be 100% assessed. Moved by Hansen, seconded by Peck, that Council approve Resolution No. 87-38; RESOLUTION RELATING TO IMPROVEMENT NO. SS-W-P-ST-85-2 (EDGEWATER), DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, with the corrected total cost figure of $284.182.00. Motion carried unanimously. (3-0) RES. 1/87-39; Council was referred to Resolution 87-39; Northwoods NORTHWOODS improvements. 'Barry Peters explained the interest costs for carrying the project, at a rate of 8%, and engineering fees were omitted from the calculations; the total cost of the improvement should be $339,183.00 and would be lOO% assessed. Hansen moved, seconded by Peck, that Council approve Resolution No'. 87-39, RESOLUTION RELATING TO IMPROVEMENT NO. SS-W-P-ST-86-1 (NORTHWOODS), DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, with the corrected total cost figure of $339,183.00. Motion carried unanimously. (3-0) RES. #87-40: HAMLINE Council was referred to Resolution 87-40; Hamline Ave. AVE. PHASE I & II improvement Phase I and II. . Barry Peters discussed the estimated MSA allotments which total approximately $774,200.00 towards the Hamline Avenue project; the outstanding balance of . $323,160.00 would have to be funded from other sources, which includes the possible assessment to benefitted property owners. He noted that approximately 5,400 ft. was determined to be benefitted land. Engineer Christoffersen and Peters agreed that $243,000.00 could be assessed, based on a calculation of $45.00 per foot. The total cost of the improvement should be $I,130,859.00 and of this cost the City will pay $80,160.00; the cost to be declared to be specially assessed would be $243,000.00. Moved by Peck, seconded by Hansen, that Council approve Resolution No. 87-40, RESOLUTION RELATING TO IMPROVEMENT NO. P-85-3, HAMLINE AVENUE PHASE I AND PHASE II, DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, with corrected total costs figure of $l,130,859.00, of this cost the City will pay $80,l60.00 and the cost to be declared to be $243,000.00. Motion carried unanimously. (3-0 ) PAVEMENT MGMT. Council questioned the status of the pavement STUDY STATUS management study. Barry Peters advised that the information has been inserted in the computer; he will check to see when results will be available. SPEED LIMIT REQUEST Council was referred to a letter and information packet LAKE JOHANNA. NELSON received from Steven Nelson, 3475 Siems Court, . requesting an amendment to Chapter 12 of the Arden Hills Ordinance relating to speed on Lake Johanna. Steven Nelson appeared before Council and reviewed his concerns for safety of . persons using Lake Johanna; he is requesting Council adopt an ordinance amendment for a speed limit of 40 mph on Lake Johanna during the current unrestricted speed hours. He noted that the 40 mph speed conforms to the guidelines established by Ramsey County Lake Administrative Board and the Department of Natural Resources Lake Administrative Board. Nelson advised he had contacted the Ramsey County Sheriff's office and stated they would be willing to enforce 40 mph on Johanna; they currently enforce speed limits on White Bear Lake and Owasso. Nelson further explained that the ordinance . amendment would have to be submitted for approval to the State DNR and must fall within their guidelines. He explained that he has discussed the need for a better form of signage of lake restrictions with Jim Tolaas, Ramsey County . Public Works Department; asked Council to direct some encouragement to Ramsey County to correct the signage problem on Lake Johanna. ------- ----- --- Minutes of the Regular Council Meeting, July 27, 1987 1 Page 3 SPEED LIMIT (Cont'd) Nelson outlined the process for DNR approval: . Council should submit a copy of the ordinance amendment to DNR for approval within 120 days; DNR submits amendment to Ramsey County for their approval; County returns to DNR and DNR returns to Arden Hills. Publication of the amendment is required after all approvals are received. - Nelson commented that he had polled the neighbors and received favorable support; Hansen agreed that most residents in the area would favor tha speed restriction. Nelson thanked Mayor Woodburn for his time and concern when he stopped to view the lake level this week. Hansen moved, seconded by Peck, that Council direct the Village Attorney to prepare an ordinance amendment which limits the speed of boats on Lake Johanna to 40 mph at those times of the day when the 5 mph speed . limit restriction is not imposed; furthermore, that staff submit the necessary forms to the State Department of Natural Resources for approval and publish ordinance amendment as necessary. Motion carried unanimously. (3-0) Council sugg~sted that the proposed ordinance be published in the Town Crier; also that Jim Tolaas of Ramsey County be notified to correct signage at the lake. REG. BOAT TRAFFIC Council was referred to a letter from James Potocnik, ON LAKE JOSEPHINE 7/16/87, requesting that Arden Hills regulate boating traffic in a counterclockwise manner on Lake Josephine . and to post a "NO SWIMMING IN BOAT LAUNCH AREA" sign. Council concurred that regulating the boating traffic in a counterclockwise . manner has worked well on Lake Johanna and would enhance' water safety on Lake Josephine; agreed that the no swimming sign should also be posted. Council directed the Clerk Administrator to contact the City of Roseville regarding this matter; also to contact Ramsey County and forward by letter Council concurrence with the requests. DAYBRIDGE LEARNING Council was referred to Planner's memorandum of CENTER; SITE REV. 7/23/87, regarding applicant's request to move the daycare center site to the corner of Highway 96 and Hamline Avenue. Randy Peterson, Rand-Maur construction, appeared before the Council and requested that approval for relocation of the site to the corner location be obtained administratively, rather than returning to Planning Commission and Council for their review at formal meetings. He statsd they would work closely with City staff. Council asked if the Attorney or Clerk Administrator had any comments. Mayor Woodburn stated that it was his opinion the site was never formally platted into parcels. . Councilmember Peck saw no problem with relying on staff for approval; expressed concern relative to the roadway easement. . After discussion, the Rand-Maur representatives stated they were willing to grant a roadway easement of a minimum of 35 ft. to the City and they would agree to improvement of the driveway approach and roadway necessary to enter the daycare site. Randy Peterson stated that the conditions originally approved have not been altered concerning the easement; he stated that they would work with the Planner and other staff members to assure that intent of the original approval is carried out. . There was no further discussion. . STATUS REPORT; Council was referred to the proposed purchase agreement HWY96I HAMLINE for the land adjacent to the Village Hall on Highway 96 and'Hamline Avenue. -- ---------------- --- --------- ~- , Minutes of the Regular Council Meeting, July , 1987 I Page 4 HWY 96/HAMLINE Attorney Lynden was p""~ent and outlined the proposed . SITE (Cont'd) purchase agreement fu, LlIe land to be purchased as three parcels, over a two year period. Lynden discussed the following items listed in the purchase agreement that may be negotiable: - - The interest rate for parcels B & C; suggested 7% interest rate be offered. - The balance of special assessments could be paid by the seller. - Real Estate taxes could be assumed by the City only upon actual ownership of each individual parcel. - Section 3.3(d), examination charges, needs clarification. Council recommended a prepayment provision be incorporated in the agreement. The Attorney discussed the necessity for the roadway easement on the south property line being attached to parcel A, as that may be the first parcel developed; Council concurred. Hansen moved, seconded by Peck, that Council authorize the Village Attorney to communicate the following changes to the purchase agreement to the seller as outlined below: 1. Buyer pay 7%, rather than 8%, interest on parcels B & C. 2. Balance of Special Assessments to be paid by Seller. 3. Real Estate Taxes are to be paid by the Seller until such time as the . City assumes actual ownership of each parcel. 4. Seller clarify "examination charges", as listed in Section 3.3 (d). 5. Seller attach roadway easement of a minimum of 35 ft. on south property . line to Parcel A. 6. Attorney draft prepayment option for parcels A, B & C. and, furthermore, if proposals are clarified to the satisfaction of the Village Attorney and buyer and seller, and, agreement is reached on all points, the Mayor is hereby authorized to sign on behalf of the City the purchase agreement; and further resolved the Treasurer is authorized to issue a check in the amount of $15,OOO for the initial payment; and further, that the Council hereby authorizes Planner review and administrative approval of the site plan and relocation of the Daybridge property, owned by Rand-Maur Company. Motion carried unanimously. (3-0) , SPECIAL ASSMT Council questioned pending litigation on Lexington LEXINGTON AVE Avenue storm sewer special assessments. Attorney Lynden advised the delay was due to the property owners change of attorney; he advised he would contact Attorney Rob Plunkett to determine status of this matter. RES.U87-42; JOINT Moved by Hansen, seconded by Peck, that Council approve PWRS. AGREMT: NSCC Resolution No. 87-42, RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION I AND ARTICLE X, SECTION 3 OF THE NORTH SUBURBAN CABLE COMMISSION JOINT AND COOPERATIVE . AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. Motion carried unanimously. (3-0) TRANSFER OWNRSHIP; Council was advised that ownership of the Minneapolis . MPLS. HIDE & TALLOW Hide and Tallow rendering plant was being transferred to Darling-Delaware Company, Inc. Tim Guzek, General Manager of Gordon Rendering Company in NfW Brighton, appeared before the Council and stated he will be, hereafte , the General Manager of the Arden Hills plant as well. Guzek advised tha it is the company's hope to improve the 'appearance of the site and ad; new pollution control equipment. He read a letter of introduction from th company's . President, William Shirley, Jr., which advised the renderini plant will be operated with the best available technology and continue to provide a most needed service to the community. . Council questioned if there would be a change in the amount or type of processing at the plant. . Minutes of the Regular Council Meeting, July 27, 1987 I Page 5 MPLS. HIDE & Guzek advised that part of the processing has been TALLOW (Cont'd) transferred to the New Brighton facility; he noted that . the volume of processing would be returned to the Arden Hills plant after the equipment has been upgraded. Council advised Guzek that the rendering plant is a nonconforming use that had been "grandfathered" on this site. Mayor Woodburn explained Council's prerogative to enforce an amortization process of not less than 5 years for nonconforming uses; he stated that several complaints were received from residents in the area relative to odors emitted from the plant. Guzek stated the company has discussed with the complaints with the Clerk Administrator and advised Council that a citizens committee was being formed to address odor emission complaints. He advised they are a low-key industry and would strive to be good neighbors. Council concurred that there was no need for an agreement to be signed simply due to a transfer of ownership. REPORT OF CLERK ADMINISTRATOR RES. NO. 87-41; The Clerk Administrator summarized her report COMPARABLE WORTH relative to Comparable Worth and indicated that the most significant deficiencies in compliance with the Minnesota Pay Equity Law of 1984 was in the job classifications of Senior Accountant, Clerk Typist II and Senior Steno. She indicated that in accordance with Equity Standards, and the payline, with lO% corridors, these three positions were currently under the 90% range and the Public Works Maintenance . employees were over the 110% corridor. Morrison recommended adoption of the Resolution and classification system as submitted, in order to comply with the Statute. . Moved by Hansen, seconded by Peck, that Council approve Resolution No. 87-41, RESOLUTION IMPLEMENTING THE MINNESOTA PAY EQUITY STATUTE OF 1984. Motion carried unanimously. (3-0) Moved by Hansen, seconded by Peck, that Council approve pay equity criteria and standards as presented by the Clerk Administrator, with the adoption of Alternative I, effective July 3l, 1987. Motion carried. (3-0) RESTAURANT LIC.; Council was referred to Morrison's memorandum, 7/13/87, POT 0 I GOLD BINGO explaining the Planner's rationale for determining that the application fQ~ a restaurant license at Pot O'Gold Bingo Hall should be given reconsideration by Council; definition of a restaurant relates to a facilities' principal use being the serving of food and the true definition must commence with the definition of a restaurant, i.e. "principal purpose". Morrison noted that the Attorney agreed with the Planner's interpretation. Council concurred that with the Planner and Attorney's interpretation there would be no valid basis for denial of the restaurant license application. Moved by Hansen, seconded by Peck, that Council approve . the application for a Restaurant License for Pot O'Gold Bingo. Motion carried unanimously. (3-0) . GAMBLING LIC. RENEWAL Peck moved, seconded by Hansen, that Council approve . BIG TEN SUPPER CLUB the application for renewal of the Gambling License for St. Peter Claver Church, Big Ten Supper Club. Motion carried unanimously. (3-0) REQ. FOR PAYMENT; Council was referred to a letter from Shoreview, dated FIRE STATION 1/4 July 16th, requesting Arden Hills payment for the proportionate share of costs incurred to date of withdrawal from the joint pow~rs agreement for Fire Station #4. . The Clerk Administrator advised that the amount to be paid was one-half of the amount indicated on the statement attached to the letter. . Hansen moved, seconded by Peck, that Council authorize payment of the proportionat~ share of costs incurred to date of withdrawal from the Joint Powers Agreement with the City of Shoreview for Fire Station #4, being $2,928.48, as indicated in the statement dated July 16, 1987. Motion carried. (3 - 0 ) , Minutes of the Regular COl.mcil Meeting, July 27, 1987 I Page 6 PURCH. CALCULATOR Council was referred to a memorandum from Darlene AND PAPER SHREDDER Scott (7-24-87), requesting the purchase of a Monroe . 2125 calculator: she noted the calculator she was presently using (a Texas Instruments Model) had several breakdowns and was not working at the present time. - Council was referred to a memorandum from Shirley Marshall, 7-23-87, relating to the purchase of a paper shredder, to be used in conjunction with the records retention schedule requirements for destroying obsolete records. She noted that $900.00 was budgeted for this item for 1987; the price increased this year. Hansen moved, seconded by Peck, that Council approve the purchase of a Monroe calculator, in the amount of $149.00, and GBC paper shredder, in the amount of $I,116.50: as recommended in the memorandum's of Scott and Marshall. Motion carried unanimoualy. (3-0) CLAIMS & PAYROLL Hansen moved, seconded by Peck, that Council approve Claims and Payroll as submitted. Motion carried. (3-0) DAVE MC CLUNG: Council waa referred to Public Safety/Works Committee RESIGNATION . minutes, 7-16-87, regarding the resignation of Dave McClung. Council concurred to accept Dave's resignation from the committee and directed the Clerk Administrator to send a letter of appreciation for his dedication and service to the Village. DRAINAGE COMPLT. Council concurred to continue this matter to the next . TILLER/DELLWOOD regular Council meeting on August 10, 1987. Councilmember Peck left the meeting at 10:OO p.m.. . OTHER BUSINESS LEVEL OF LK. JOHANNA Councilmember Hansen stated that she had recieved calls from residents in the area of Lake Johanna expressing concern about the level of the lake and questioning if it is appropriate to close the lake.. Hansen discussed the damage to docks and shorelines: questioned if the Clerk Administrator or Mayor has the authority to close the lake. Morrison stated she had discussed the matter with Jim Tolaas at Ramsey County; Tolaas viewed the lake and determined the lake is at it's natural level. She further stated that Tolaas advised the docks may be too low. REQ, SIGN PERMIT: Clerk Administrator advised Council that a request for AMoco/co. RD. E a Special Event sign permit was received this date. Council concurred to continue this matter to the next regular Council meeting on August 10, 1987. ADJOURNMENT Moved by Hansen, seconded by Woodburn, that the meeting . be adjourned at 10:10 p.m. Motion carried. (2-0) . Patricia J. Morrison Robert L. Woodburn Clerk Administrator Mayor NOTICE OF MEETINGS . There is a Closed Meeting scheduled for Monday, August 10, 1987 at 7:00 p.m., at the Village Hall. . The next Regular Council Meeting will be held on Monday, August 10, 1987, at 7:30 p.m., at the Village Hall. ViRiDQe (If Alrl1e% WrPiA - 1450 W, HIGHWAY 96. ARDEN HillS. MINNESOTA 55112 633-5676 - August 3, 1987 Mr. Barry Peters SEH 222 E. Little Canada Road St. Paul, MN 55117 Re: Assesrnent HearinRs Dear Barry: As we discussed, the Resolutions calling for assessment hearings on Glenhill, Edgewater, Northwoods and Hamline will be submitted to the Council for their consideration on August 10th. . If approved by the Council, Notices will need to be published and mailed on August 17th (submitted August 13th) (mailing and . publication 2 weeks prior to hearing) with the actual hearing being on August 31st. Do you compile the list of affected property owners? '~closed, for your information, is a copy of the July 27th Council minutes. '" tricia J. Morrison Clerk Administrator enc. PJMI cj i . '* {U!iJji~vUi~ ~J1-- (j;lr . . !/ If the council wishes to expedite matters or to auditor agrees to accept a late assessment for provide better estimates of cost at the fi rst hearing, collection the following year, an agreement t~J it may, in addition to the required preliminary auditor is permitted but not required to make, , report, have complete plans and specifications prepared, advertise for bids, and open and tabulate Provisions for Payment of Assessments them before the hearing is held, Once these special assessment rolls have been - An improvement on two or more streets or prepared by the clerk and approved by the council, - different improvements on the same or different property owners have the option of either paying streets, may be combined into one proceeding. the total amount of their assessment immediately For example, sidewalk, water, sewer and curb and or of paying it in ann~~ installments upon the gutter projects anywhere in the municipality may ~8 terms set by the council. combined in one proceeding if this seems desirable, If the property owner pays the entire amount of When step No, 7 above is carried out, the the assessment within 30 days after the assessment council must divide the improvement cost between rolls' adoption by the council, he may not be the cityas a whole and the benefit district. Only. charged any interest on the amount of his assess- after this has' been done can the district's share ment.25 If he pays the entire amount at any time of the cost be apportioned in proportion to the after 30 days but before any certification to the estimated special benefits received by individual county auditor, he need pay only the amount of properties, A further discussion of this is con- interest accrued as of the date of payment, At any tained in the last section of this chapter, time after the certification, the property owner may still pay the entire amount remaining unpaid Levying and Collecting Assessments to the county treasurer. In this case, however, hemust pay all interest which would have accrued to Decem- Preparation and Certification of Assessment Rolls ber 31 of the year in which the payment is made, Assessment rolls are lists prepared for each If the property owner elects not to pay the \ assessment project, They should contain a descrip. entire amount of his assessment at once, he may . tion of each parcel of property, the name of the pay it in annual installments spread over the property owner, and the amount of the assessment, number of years allowed by the council. Since . A separate assessment roll should be prepared by such postponement of payment obviously neces- the clerk for each improvement project prior to the sitates city borrowing to pay for the improvement, hearing on the assessment (see step No, 7 above.) an interest charge must be added to each year's After the hearing, the roll must be officially assessment payment, The rate of interest, wh ich adopted by a council resolution a~~ then certified must be designated in the councils' resolution, is to the cou nty auditor by the clerk, limited by state law. For improvements financed out of the city's general funds the maximum Two alternative methods may be used in certify- interest rate on assessments is 8%, If bonds have ing assessments to the auditor, In the first method, been issued to finance the improvement, the which is used unless the council directs the clerk to special assessments may bear interest not exceed ing do otherwise, a duplicate copy of the assessment the greater of either the maximum interest rate roll, certified by the clerk, is sent to the county which the city may pay on the bonds for the auditor who is then responsible for spreading the month in which the resolution authorizing the assessment against the properties concerned in the special assessment was adopted or the maximum year in which each installment is to be paid, This allowable under the law or city ch~er pursuant to eliminates an annual computation by the clerk and which the assessments were levied, Thus, when a avoids errors in later years, If the council prefers, city adopts a special assessment roll for improve- however, it may direct the clerk to file all the ments funded through a bond issue, it will general- special assessment rolls in the clerk's office and to Iy have to check what the maximum interest rate certify annually to the county auditor only the on the bonds could have been, This figure is total amount of principal and interest due on available from the state commissioner of finance, special assessments from 2,ch parcel of property The League will also have the interest rate figure during the following year. available, The council should set the rate at some figure greater than the interest being paid on . All assessments must be certified to the county the special assessment bonds, but not so much auditor on or before October 10 if the aud itor is to greater that substantial revenue will be derived, spread the first installment on the books for . collection in the following year. The due date for The council may authorize by ordinance partial the first installment of assessments submitted after prepayment of assessments prior to certification to October 10 must be deferred one year unless the the county auditor, - 409. 1983 vi f , The council must also decide the number of \ At the' time a deferred assessment becomes - years over wh ich the assessment may be paid by payable, it is divided into a number of installments the property owners, The statutes permit payment such that the last installment will be payable at a over a period of not more than 30 years, but the time determined by the council but not more - assessment should never be payable over a period than 30 years after the levy of the assessment, - longer than the estimated life of the improvement itself, Furthermore, the shorter the period of Interest accrues during the period of deferment, payment, the lower will be the interest cost on the and may be paid either annually during the period special assessment bonds, of deferment or paid during the period when the assessment becomes payable, In the resolution Defe"ed Assessments deferring the assessment, the council may forgive interest for the years during which the assessment Under certai n conditions, the council may is deferred, through December 31 of the year postpone the assessment of part of the cost of before the first installment is due. water, storm sewer, and sewer mains until a later date. This is sometimes done, for example, in the All assessments, for which the payment is following situations: deferred, are a lien on the property upon which ~he assessment was levied. 1. Where some of the affected property is unplatted and undeveloped and later is to Special care must be taken to make buyers be subdivided or otherwise made available aware of deferred special assessments, for building sites. . Under state law, a city is required to file a 2, Where a trunk main cannot be immediately certificate setting forth the legal description of used because of the absence of laterals, property subjected l~ deferred assessments under Even if the assessment is to be postponed, how. the green acres law or under the la'38ermitting deferment for unimproved property, and the . ever, the property to be later assessed must be dollar amounts deferred, included in all hearing notices on the project (see . step No.3 in the discussion "Summary of Steps in If these types of special assessment were de- Special Assessment Proceedings"), Care must be ferred prior to August 1, 1980, the city must have taken to insure that all property which might filed with the county recorder prior to January 1, possibly be served by the main is included in the 1982 a certified list of the affected properties hearing notices so that no property wi~ be given and the amount of the unpaid deferment on free use of the main at some future date. 7 each property. The above procedures' for postponement of The act does not contain a penalty for failure to assessments are generally inadequate, This is carry out these statutory duties, However, it seems because a postponed assessment is not a lien likely that it was intended to permit purchasers against the property and at the time the council and title examiners to rely on the records of decides to certify the postponed assessment, the the county recorder as to encumbrances on proper- procedures summarized above must be followed ty. I n that case, it seems likely that an unrecorded for all property which is to be formally assessed, deferred assessment of these two types will be uncollectible from someone who purchases or The better procedure is t~8defer the assessment, otherwise acqu i res property without actual or This procedure is as follows, ' constructive notice of the deferred assessment, All property which will be benefited by the The irony of this statutory remedy for a very improvement must be included in the proceeding. real problem is that it does not require recording of However, at the meeting of the council at which all or even the most common deferred asse~ments, the assessment is approved, the council may levy The senior citizen deferred assessments 1 and the assessment but defer the first installment deferrals under assessments for trun k sewl:] and . of any assessment levied upon unimproved pro- water lines until laterals permit connection 2 are perty until a designated future year, or until the not required to be filed with the recorder by platting of the property or the construction of present law, Therefore, purchasers and title . improl(ements, upon whatever terms and condi- examiners must still check with city clerks for tions,standards and criteria are established by these kinds of deferred assessments as well as for council resolution, pending assessments if they want to avoid un- -410 - 1:- ..~_._- --------- STATE OF MINNESOTA COUNTY OF RAMSEY . CITY OF ARDEN HILLS RESOLUTION NO. 87-44 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT NO. P-ST-87-l (GLENHILL) WHEREAS, by a Resolution passed by the Council on July 27, 1987, the Clerk Administrator, with the Consulting Engineer, was directed to prepare a proposed assessment of the cost of improving Glenhill Road between the west line of Hamline Avenue and the east line of Snelling Avenue, by installation of stor:m sewer, street reconstruction, and concrete curb and gutter; and WHEREAS, the Clerk Administrator has notified the Council that such proposed assessment has been completed and filed in her office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS, MN: 1. A hearing shall be held on the 3lst day of August, 1987, in the City Hall, at 7:30 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected andlor benefited by such improvement will be given an opportunity to be heard with reference to such assessment. . 2. The Clerk Administrator is hereby directed to ca~se a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings, indicating assessment against the respective parcel. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to Ramsey County, except that no interest shall be charged if at least 50% of the whole assessment, or the entire assessment, is paid to the City within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to Ramsey County, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Arden Hills Council this 10th day of August, 1987. Robert L. Woodburn, Mayor . ATTEST Patricia J. Morrison Clerk Administrator '7'13 STATE OF MINNESOTA COUNTY OF RAMSEY . CITY OF ARDEN HILLS RESOLUTION NO. 87-45 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT NO. SS-W-P-ST-85:2 (EDGEWATER) WHEREAS, by a Resolution passed by the Council on July 27, 1987, the Clerk Administrator, with the Consulting Engineer, was directed to prepare a proposed assessment of the cost of improving the east 1230 feet of the SE 1/4 of Section 21 T. 30 R. 23 situated in the County of Ramsey and City of ARden Hills including installation of sanitary sewer and services, watermain and services, storm sewer, street construction with curb and gutter; and WHEREAS, the Clerk Administrator has notified the Council that such proposed assessment has been completed and filed in her office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS, MN: 1- A hearing shall be held on the 31st day of August, 1987, in the City Hall, at 7:30 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected and/or benefited by such improvement will be given an opportunity to be heard with reference to such . assessment. 2. The Clerk Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings, indicating assessment against the respective parcel. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to Ramsey County, except that no interest shall be charged if at least 50% of the whole assessment, or the entire assessment, is paid to the City within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to Ramsey County, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Arden Hills Council this 10th day of August, 1987. Robert L. Woodburn, Mayor . ATTEST Patricia J. Morrison Clerk Administrator <',L e,- STATE OF MINNESOTA COUNTY OF RAMSEY . CITY OF ARDEN HILLS RESOLUTION NO. 87-46 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT NO. SS-W-P-ST-86-1 (NORTHWOODS) WHEREAS, by a Resolution passed by the Council on July 27, 1987, the Clerk Administrator, with the Consulting Engineer, was directed to prepare a proposed assessment of the cost of improving the west 815 feet of the SE 1/4 of the NE 1/4 of Section 27 T 30 R. 23 situated in the County of Ramsey and City of Arden Hills including installation of sanitary sewer and services, watermain and services, storm sewer, street construction with concrete curb and gutter, and WHEREAS , the Clerk Administrator has notified the Council that such proposed assessment has been completed and filed in her office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS, MN: l. A hearing shall be held on the 31st day of August, 1987, in the City Hall, at 7:30 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected and/or benefited by such . improvement will be given an opportunity to be heard with reference to such assessment. 2. The Clerk Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings, indicating assessment against the respective parcel, 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to Ramsey County, except that no interest shall be charged if at least 50% of the whole assessment, or the entire assessment, is paid to the City within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to Ramsey County, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Arden Hills Council this 10th day of August, 1987. . Robert L. Woodburn, Mayor ATTEST Patricia J. Morrison Clerk Administrator )?.u STATE OF MINNESOTA COUNTY OF RAMSEY . CITY OF ARDEN HILLS RESOLUTION NO. 87-47 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT NO. P-85-3, HAMLINE AVE. (PHASE I AND PHASE II) WHEREAS, by a Resolution passed by the Council on July 27, 1987, the Clerk Administrator, with the Consulting Engineer, was directed to prepare a proposed assessment of the cost of the improvement of Hamline Avenue, between the north line of Floral Drive and the south line of TH 96 situated in the County of Ramsey and City of Arden Hills including installation of storm sewer, street reconstruction and concrete cu~b and gutter, and WHEREAS, the Clerk Administrator has notified the Council that such proposed assessment has been completed and filed in her office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ARDEN HILLS, MN: l. A hearing shall be held on the 31st day of August, 1987, in the City Hall, at 7:30 p.m., to pass upon such proposed assessment and at such time and place all persons owning property affected and/or benefited by such , improvement will be given an opportunity to be heard with reference to such . assessment. 2. The Clerk Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings, indicating assessment against the respective parcel. 3, The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to Ramsey County, except that no interest shall be charged if at least 50% of the whole assessment, or the entire assessment, is paid to the City within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to Ramsey County, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November IS, or interest will be charged through December 31 of the succeeding year. Adopted by the Arden Hills Council this lOth day of August, 1987. Robert L. Woodburn, Mayor . ATTEST Patricia J. Morrison Clerk Administrator .s- - . MINUTES OF THE REGULAR PLANNING COMMISSION MEETING Wednesday, August 5, 1987, 7:30 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notice thereof, Vice-Chairman - Calvin Meury called the meeting to order at 7:30 p.m. .. ROLL CALL Present: Acting-Chairman Calvin Meury, Peter Martin, Scott Petersen, Rick Savage and Gary Thorn. Absent: Robert Curtis, Thomas ~abcook, Dorothy Zebm and Paul Malone. Also Present: Mayor Robert Woodburn (8:15 p.m.), Planner Orlyn Miller, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. APPROVE MINUTES Moved by Martin, seconded by Savage, that the Minutes of the July 1, 1987 Planning Commission meeting be approved as submitted. Motion carried. (Martin, Savage, Meury voting in favor; Petersen and Thorn abstained) (3-0-2) CASE #87-25; AMENDED Planner Miller reviewed his report (7-13-87), relative SITE PLAN/PKING LOT to the proposal to expand the existing parking lot at EXPAN; MSI INSURANCE MSI Insurance to provide an additional 152 spaces. Miller explained that the proposed expansion meets all ordinance requirements for setbacks and site coverage. He noted that MSI is proposing to relocate or replace all plant materials disturbed by the expansion. Miller recommended the west corner of the site be given special attention when trees are transplanted, . because it would become more visible; placement of evergreen groupings in that area would be desirable. William Bretzke, Director of Building Services at MSI, stated the company was agreeable to intensification of the landscaping, per Miller's recommendations. Member Thorn asked if the building space was fully occupied at this time to necessitate the parking expansion, Bretzke advised that all four floors of the building were utilized at present, but not to capacity; he projected the building to be utilized to full capacity by 1990. Moved by Petersen, seconded by Martin, that Commission recommend to Council approval of Case #87-25, Amended Site Plan Review for Parking Lot Expansion at Two Pine Tree Drive, Mutual Service Insurance, conditioned upon applicant submission of an intensified landscape plan which addresses the following; a. Regrading of berms as indicated on grading plan. b. Relocation or replacement of all disturbed plant materials. c. Placement of plant materials at the west corner of the parking lot. Motion carried unanimously. (5-0) . ---- ------ . .. Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 2 CASE #87-27; AMENDED Planner Miller reviewed his report of July 20th, - SITE PLAN/PKING LOT relative to the proposed parking lot expansion for .. EXPAN; LAND O'LAKES Land O'Lakes headquarters. He advised the applicant is proposing to increase the parking supply in the existing lot by 76 spaces; this will be accomplished by eliminating a central driveway and several "islands" in the parking lot and converting the driveway to parking spaces. Miller noted that the elimination of numerous "islands" in the parking lot, which contain minimal landscaping, would not significantly damage the aesthetics of the site. If the islands remain, the applicant has stated they could not provide sufficient spaces to meet their current parking need. He advised that loss of the landscaped open space by elimination of the islands would increase site coverage by approximately 0.3%. The Planner concluded that although the existing islands are desirable for breaking up the parking lot, their elimination may be considered acceptable for the following reasons: a. Expansion within the existing parking lot will be more functional and will have less visual impact that expansion into other large landscaped areas of the site. b. The large separator islands will be retained. c. Site access and perimeter circulation will not be altered. James Strecker, representative of Land O'Lakes, was present to answer any . questions; he stated that the plan would have little impact on the current parking lot situation. Moved by Savage, seconded by Petersen, that Commission recommend to Council approval of Case #87-27, Amended Site Plan for Parking Lot Expansion, Land o 'Lakes , 4001 Lexington Avenue North, contingent upon applicant relocating existing trees in the parking area. Motion carried. (5-0) CASE #87-23; REZONING Acting-Chairman Meury opened the public hearing at 8:00 R-l to R-4, PUD p.m. Deputy Clerk Iago verified that the Notice of CONCEPT PLAN, REEVES Hearing was published in the New Bri~hton Bulletin SNELLING AND HWY. 96 and mailed to affected property owners on July 22, 1987. Planner Miller explained the applicants are proposing to construct a 48-unit, 3-story apartment building on the 4.4 acre site located at the southwest quadrant of Snelling Avenue and Highway 96. He advised this will require rezoning the property from R-I to R-4; since multiple dwelling structures in the R-4 District must be approved only under the PUD process, approval of a PUD Concept Plan is also being requested at this time. Miller stated that the proposed structure will be located near the center of the site, with parking concentrated at the west edge of the site. A water retention pond is proposed at the southeast third of the parcel, an area that is currently a natural marsh, . , Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 3 CASE #87-23 (Cont'd) The Planner stated that underground parking is proposed .. to reduce site coverage and a single access point from Highway 96 is proposed. Miller commented that the only .. difference between this proposal and the previous application submitted in 1985 is the access; the 1985 application proposed the access for Snelling Avenue. Miller explained that the Planning Commission had recommended approval of the 1985 application, but the City Council denied oezoning on the basis of the proposed density and the potential impact upon vacant property to the east. With the development of the large church complex on the adjacent site, the development of R-I single-family on this site is unlikely, because of its relative isolation and small size. The Planner commented that the proposed 48-unit building is not out of scale with the church complex, nor does the- building crowd the site. It may influence the future use of the land directly east across Snelling Avenue, however, a single, high-quality building set back more than 200 ft. from Snelling should have minimal impact on adjacent property. He also explained that the proposal meets all requirements for setbacks, site coverage and is below the maximum density permitted in the R-4 district. Miller advised that the plan proposes a single access point from Highway 96, approximately 185 ft, west of the Snelling Avenue intersection and 150 ft. east of an existing median crossover. For reasons of safety and preservation of traffic-carrying capacity, MnDOT is attempting to minimize direct access to Highway 96. He noted that access to Snelling Ave. may present a greater impact on adjacent property, but is considered a better long-term solution for traffic . related reasons. He recommended limiting the site access to Snelling Avenue only. Mrs. Reeves, applicant, was present and explained the access was moved to Highway 96 to help alleviate increased traffic adjacent to the residential area on Snelling Avenue, She stated that initially they had planned to develop the site with single-family dwellings, however, since the development of the Church property to the east that was no longer feasible. Reeves advised that she had spoken to Arlo Lien, representative of the Church adjacent to this site, and he indicated the Church had no objections to the proposed rezoning. Mrs. Reeves also submitted a letter dated August 5th from, Paul and Martha Rutter, 1660 W. Highway 96, stating they had no objections to the proposed rezoning or PUD concept plan. Member Petersen stated that he favored the 1985 application and this proposed application; he explained that he agreed the site would not be developed with Single-family since the adjacent development of the Church site to the east. Member Thorn agreed that the site would not be developed as single-family due to the Church development adjacent to the site; it was his opinion that the access should be directed to Snelling Avenue rather than Highway 96, as per the Planner's recommendation. Member Martin questioned if the applicant had considered development of this property as an R-3 District as the Comprehensive Plan designates; he favored . lower density. Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 4 CASE #87-23 (Cont'd) Mr. Reeves stated that he,had considered development of the property under the-R-3 requirements, however, it was his opinion that it would not be feasible to develop the property with the .. lesser density. ~ Miller commented that the density calculation drops significantly from R-4 (54 units maximum) to R-3 District (20 units); if property were developed with maximum townhouse density total building coverage on the site would increase. Meury questioned elevations of berm and if existing vegetation would be preserved. He also favored the access onto Snelling Avenue. Miller explained that the elevations shown are current; a grading plan would be submitted with the general plan. Comments from the Floor Sue Molinar, l550 W. Highway 96, stated she is opposed to the proposed rezoning for an apartment building; also opposed to Snelling Avenue access. Molinar expressed concerns relative to increased traffic, safety of neighborhood children and it was her opinion that the development would not enhance the area. She questioned the mailing radius for public hearing notice. Deputy Clerk Iago advised that legal requirements are to publish notice of hearing and mail notice of hearing to property owners within a 350 ft. radius of the subject property. Tim Flanagan, 1511 Colleen, expressed concern relative to Snelling Avenue . access. He stated that the exit for the Church parking lot states "No Left Turn" onto Snelling; however, he pointed out that does not eliminate the traffic entering the Church from traveling on Colleen Avenue. Tom Molinar, 1550 Highway 96, expressed his opposition to the proposed rezoning and PUD concept plan. He stated that Snelling Avenue is in extremely poor condition; increased traffic would cause further deterioration of the street. After determining there were no further comments from the floor, the public hearing was closed at 8:28 p.m. Member Meury questioned the safety of the open ponding area; suggested possible protection for deterring neighborhood children from playing near the pond. Reeves explained that the pond is only 18" deep and in the summer months it is usually dry. Meury stated it was his opinion this is as good a development as the Village may see proposed for this parcel; he favored the concept plan. Miller pointed out that Snelling Avenue has been designated as a collector loop street in the Comprehensive Plan; Snelling had that designation prior to the single-family development along Colleen Avenue. . . Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 5 . CASE #87-23 (Cont'd) Member Thorn stated that all options should be explored under the R-3 zoning. He further commented that he understood the concern of the residents in the area relative to the Snelling Avenue access increasing traffict however, it was his opinion that most of the traffic exiting onto Snelling would proceed to Highway 96. Thorn also preferred the underground parking associated with an apartment development versus the parking associated with a townhouse developmen~. The Planner advised that if the members favored the rezoning, he recommended that effectuation of the rezoning be withheld until the Pun General Plan had been reviewed in detail and approved for issuance of a building permit. At this time the documentation submitted does not respond to all the requirements of the-Pun ordinance, therefore the current plan is considered a pun Concept Plan. Miller pointed out that it would be the applicant's responsibility to explore the R-3 zoning feasibility; Commission has the option to recommend denial of this application or to table until the matter is explored/explained. Acting Chairman Meury advised Commission members that it would be preferable to consider the Rezoning issue at the time the General Plan is submitted by the applicant; action this evening should be taken based on the Concept Plan issue only. He further stated that recommended approval of the concept plan would indicate to the applicant that if the General Plan were acceptable to Commission, rezoning of the parcel would be recommended. . Planner Miller concurred that approval of the concept plan would imply the rezoning would also be approved if the general plan met all requirements, however, it would not be mandatory to recommend approval of the rezoning. Moved by Martin, seconded by Thorn, that Commission recommend to Council denial of Case #87-23, pun Concept Plan for 48-unit Apartment Complex at the southwest quadrant of Highway 96 and Snelling Avenue, Reeves, based on the rationale that the proposal for R-4 zoning at a higher density is not consistent with the Comprehensive Plan which identifies this area for medium density development. Motion failed. (Martin and Thorn voting in favor; Meury, Petersen and Savage opposed) (2-3) Member Martin commented that an apartment complex may be,a more appropriate use, however, he preferred a lesser density complex. Thorn agreed. Moved by Petersen, seconded by Savage, that Commission recommend to Council approval of Case #87-23, pun Concept Plan, as submitted. Motion carried, (Petersen, Savage and Meury voting in favor; Thorn and Martin opposed) (3-2) In discussion, Mayor Woodburn stated that the City Attorney has advised that conditional zoning was not an acceptable legal stance. Planner Miller differentiated between the pun process which incorporated a rezoning, and a conditional zoning. Commission members concurred that the intent of the motion was to support the . pun Concept Plan only, at this time, furthermore, the rezoning of the property would be considered upon applicant submission of the General Plan. --------...--- . Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 6 CASE #87-24; AMENDED Acting Chairman Meury opened the public hearing at . SUP FOR EXPANSION,- 8:30 p.m. Deputy Clerk Iago verified publication and BLUE FOX INN , 3833 mailing of Notice of Hearing on July 22, 1987. NO. LEXINGTON AVENUE Planner Miller explained the applicant is proposing to construct two small additions to the existing restaurant/lounge; both additions will be glass solariums with metal support beams. He reviewea his report of July 20th and indicated that the applicant has met all ordinance requirements relative to setbacks, building coverage, site coverage and parking. Miller recommended that approval of the site plan should be conditioned upon installation of no parking signage at the east end of the building and replacement of plant materials in the .reconstructed planters. There was discussion relative to landscaping on the site and screening for trash enclosure. Tom Cossack, applicant, stated that he would be agreeable to replace the plant materials, He further advised that the trash area is screened on two sides and will be painted in conjunction with the proposed expansion. Comments from the Floor After determining there were no comments from the floor, the public hearing was closed at 9:00 p.m. Moved by Thorn, seconded by Savage, that Commission recommend to Council approval of Case #87-24, Amended Special Use Permit and . Site Plan Review for expansion of Blue Fox Inn, 3833 North Lexington Avenue, Cossack, contingent upon applicant installing no parking signage at the east end of the building and replacing plant materials in the reconstructed planters. Motion carried unanimously. (5-0) CASE #87-26; PUD Acting Chairman Meury opened the public hearing at 9:05 GENR'L PLAN APPRV. p.m. Deputy Clerk Iago verified the publication and EDGEWATER EST ./HWY mailing of Notice of Hearing on July 22, 1987. 10 & PARKSHORE DR. The Planner reviewed his report of July 23rd and gave background of the 1985 approval of the PUD concept plan for the Edgewater Estates project; he noted that approval was for 31 townhouse units. The applicant is now requesting approval of the PUD General Plan for the townhouse component as required by the PUD procedure. Rezoning of the site to the R-3 District is also required in conjunction with the General Plan approval at this time. Miller advised that the applicant has reduced the number of townhouse units to 29 and reduced the length of the two buildings by separating them into four units. He further explained that the applicant had submitted the grading, landscaping and lighting plan for the development; the grading plan was sent to the Engineer for his review and recommendation. Kim Tranun, representing Mar-Don Homes, stated that it was his opinion this proposal is an improvement from the 1985 plan submitted. He suggested the townhome concept would be more marketable and would enhance the area. . Minutes 'or the Regular Planning Commission Meeting, August 5, 1987 . Page 7 CASE #87-26 (Cont'd) Miller and Tramm explained the construction of the townhome units: .a. - Building would have brick trim and quality siding. ..... - Stepping roof lines would deter from "barracks" appearance. - Exterior colors would be earth tones and blend with apartment complex on adjacent property. - Garage doors would be treated with raised panel effect; some units will have one double door and some units will have two single doors. Commission members questioned if emergency access turnarounds should be required; Planner advised that with the building separations and the access from Brueberry Lane emergency turnarounds may not be necessary. Miller suggested that the applicant be required to meet the 20 ft. setback requirement for off-street parking nodes and he recommended a 25 ft. separation between buildings. He explained how the 25 ft. building separation could be accomplished by the applicant. Miller also recommended some additional landscaping requirements and noted that there has been a problem with soil erosion at the apartment complex; to eliminate that problem with the townhouse development he recommended the applicant be required to provide sodding near the curbs and on areas where the grade was excessive. Comments from the Floor After determining there were no comments from the floor, the public hearing was closed at 9:50 p.m. Moved by Thorn, seconded by Savage, that Commission . recommend to Council approval of Case #87-26, PUn General Plan, Rezoning from R-I to R-3, and Preliminary Plat for 29 townhouse units based on the findings that: a) The proposed use, density, and general distribution of townhouse units conform to the previously approved PUD Concept Plan; b) The proposed rezoning conforms to the Comprehensive Plan and the PUD Concept Plan, and, c) The proposed buildings conform to all zoning ordinance requirements regarding setback, height, and coverage. Furthermore, that approval be conditioned upon the following items: I. Adjustment of the two northern most buildings to provide greater separation of buildings in the north cluster. 2. Adjustment of off-street parking areas to meet the 20-foot setback requirement from all street rights-of-way. 3. Approval of the site grading plan by the City Engineer. 4. Approval of the revised landscape plan by the City Planner; said plan shall intensify planting per Planner's recommendations and shall specify sizes in conformance with the City's minimum standards. 5. Approval of all homeowner's association contracts and documentation by the City Attorney. 6. Approval of the Final Plat. Motion carried unanimously. (5-0) COUNCIL REPORT Mayor Woodburn reported on items of interest to the Commission. . ADJOURNMENT Moved by Petersen, seconded by Savage, that the meeting be adjourned at 10:10 p.m. Motion carried unanimously. (5-0) Calvin Meury, Acting Chairman )/-- " -, ,"-x/ , ~ AGENDA REGULAR PLANNING COMMISSION MEETING VILLAGE OF ARDEN HILLS . WEDNESDAY, AUGUST 5, 1987 - 7:30 P.M. VILLAGE HALL 1. Ca 11 to Order and Roll Call. 2, Approval of Minutes of July 1, 1987, Planning Commission Meeting, 3, Case #87-25, Amended site plan review for parking lot expansion at r~SI Insurance Company, Two Pine Tree Drive, 4, Case #87-27, Amended site plan review for parking lot expansion at Land 0' Lakes, Inc., 4001 Lexington Avenue, 5, PUBUC HEARING: Case #87-23, Rezoning from R-l to R-4 and PUD Concept Plan approval for 48-unit apartment building at Highway 96 and Snelling Avenue; Mar9aret and William Reeves, Sr. 6. PUBLIC HEARING:' Case #87-24, Amended Special Use Permit for expansion of Blue Fox Inn, 3833 Lexington Avenue; Tom Cossack. 7, PUBUC HEARING: Case #87-26, PUD General Plan Approval for Edgewater . Estates townhomes, Old Highway .10 and Parkshore Drive; Mardon Homes, 8. Counci 1 report. 9, Adjournment. ********************************************* PLEASE CALL THE VILLAGE OFFICE IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING 633-5676 ********************************************* . . -' ' , . . - - I (........).. ""~", \. 'OJ' . '., / , -1'HL . I '. ......) ~. ( " , \'~. ' .1. , ' < { '~ ..'\ ;',i " \ " " (0 l " \\ . I I'IYllt mn #87~:23 Jt87- iG . . ffb7-'2-7 , #87-:24 ' 11 g7~ 2G . ____ PLANNING COMMISSION AGENDA Arden Hills, Minnesota .- .. AUGUST 5, 1987 wehrman PLANNING MEMO bergly . To: Arden Hills Planning Commission l}[[l6Ciates From: Wehrman Bergly Associates, Inc. Orlyn W, Miller, Planner Subject: Case #87-25 Amended site plan review for n. plaza bldg., ste. 220 5217 wayzala blvd. parking lot expansion at minneapolis. mn 55416 Two Pine Tree Drive 612 544 7576 Applicant: Mutual Service Insurance Date: July 13, 1987 MSI is proposing to expand the eXisting parking lot to provide an additional 152 spaces. The majority of those spaces will be created by the construction of an additional two-bay module along the northwest edge of the existing lot, The proposed expansion will not alter on-site circulation, but will require relocation of existing plant materials and regrading of benns, ORDINANCE COMPLIANCE: The proposed expansion meets or exceeds all ordinance requirements. At the closest point to the property line, a setback of 66 feet is maintained, (20 feet required), The expansion represents additional coverage of 2,5 percent and brings the total site coverage to approximately 38 percent, (75 percent permitted). . COt1MENTS: l. The original MSI site development was designed in a manner that the large parking area is almost totally hidden from public view. The proposed regrading of the berms adjacent to the parking lot should maintain that level of screening if accomplished in accordance with the grading plan submitted, The only portion of the lot which might become more visible is the extreme west corner which is closest to Highway 151 and is also the point where the berm diminishes. 2, MSI is proposing to relocate or replace all plant materials disturbed by the expansion, The trees will be placed on the berm near the edge of the parking lot to retain existing screening. Because the west corner will become more visible, I recommend that special attention be given to that area when trees are transplanted, Placement of evergreen groupings in that area would be desirable. CONCLUSIONS: l. The proposed parking expansion conforms to ordinance requirements. 2. The existing screening of the parking area will be substantially maintained, . planning' landscape architecture 3, Approval should be conditioned on: . '..../a. Regrading of berms as indicated on grading plan, , b. Relocation or replacement of all disturbed plant materials, c. Placement of plant materials at the west corner of the parking lot. . . CASE #87-25 PAGE 2 OF 2 nnnn /(1 II ( (i'i'J/v J-/&.:/i6'..- William F. Bretzke .u. Director. Building Services ~~ . Two Pine Tree Drive Arden Hills, Minnesota 55112 (612) 631-7151 ~\23456'? July 7, 1987 ~") 6' k-> . / .,9, "'r Vu "'-" ~ :{; _~ <: {' v" So' "'- 0' ~ ~ I..P / -,' c.D 0 '", /.. 1""\,;, ('oJ /Q. '- -... Ms. Pat Morrison ~ 1h~\Cj ''---- ~/ Village of Arden Hills >.6 ,. /0'; ",,-. \~ C) ~, 1450 West Highway 96 ~ c' ~" 22/~~~r'Y' Arden Hills, MN 55112 Dear Ms. Morrison: MSI Insurance requests an amended site plan review for its property located at Two Pine Tree Drive, Arden Hills, Minnesota, 55112. The purpose of the review is to accommo- date a proposed expansion of the MSI Insurance parking lot by 152 parking spaces. As the architects I plan indicates, a double row of parking spaces would be added on the west side of the lot. Thirty- four stalls would be cut into the two kidney-shaped islands . at the entrance to the parking lot. The design follows the original site plan as accepted by the Arden Hills Village Council in, 1977. To accommodate the additional parking spaces, present earth berms will be re- grated to accommodate the expansion but preserve the original design by retaining a berm to screen the parking. A number of trees will be relocated within the confines of the pro- perty. I intend to relocate the trees as close to parking area and on the ends of the parking rows ~ You can be assured that there will be an equivalent amount of trees as there is now. The total expansion amounts to 5,450 square' yards of parking space. If you have further questions about the plan I'd be happy to review it with you. Sincerel y , ()Y~~ William F. Bretzke WB:mr Enc. . cc: Terry Wobken; McGough Construction Company ~ . -. I "\ (I . -~ "- )\' , . _/~ \\\,J J" . _', / '''-.' --~ ~~ , " I -"I , ,.,-y. , ,i 11 , " , , \ \ '" ", , ' 1\_, ._, " " , ' , , , ,~", , " ' " , . , : , ' , , ' ! , j I j , " ' " ':,;;'\ )iJi '/J .- ~ . , ' , . ' , ' . ''', " ;1 \ I' ' ., ,', '. o'll" "-..- :.. .,~.... ',,". " f 1_ .'. ",-to,. ",.~ I \ \ ,\ . " '. "--'1' ,"'-- " ,\ " 'l..~""A - J '-'.1'1...-.;,.....__ .' '''''. -= - " ,,"" ,-- - " , , .. I I II .:;';...,Yy--_ '\ I ) /f 1 "I "'" -', ' " , :(' ,:J.l,"idt.'lJ" ,,! : ' I ": r \, " I ," " ", " , , .' '" '. ::' I ", \. " ! I' '-,c,/!:' '/., , ,,', ", · , ' , i' ' "',, -""" " " '" ., " , , ""0'." "" ': '", 'f ' , . ' , "'''".. '- , , , , , .' ";".,,, ;,.,'J,'''",'.''~:/: I \ ]:.;' ;:;.""",,"', , i I 00 ,'/,"':""?~ ' '''~_ ';1 ".". ,,' ,': : : , . ..:' '.- "', ""'"" , , '" " ',,, "", """ "_ ','I ",p:' -.,.. . -, I '.' ' ", \ , f " , '-"'" -" . ':':::'::.t<fij"., " ': '; ,,/ :. } I" _ ;.~ - wehrman bergly PLANNING MEMO TIO[15iates . TO: Arden Hills, Planning Commission FROM: Wehrman Bergly Associates, Inc. Drlyn W. Miller, Planner n. plaza bldg., sle. 220 SUBJECT: Case No. 87-27 5217 wayzata blvd. Amended site plan for parking expansion minneapolis, mn 55416 612 544 7576 APPLI CANT: Land 0' Lakes DATE: July 20, 1987 In order to satisfy an increasing parking demand at the Land 0' Lakes head- quarters, the applicant is proposing to increase the parking supply in the existing lot by 76 spaces. This will b~ accomplished by eliminating a central driveway in the parking lot and converting the driveway to parking spaces. Thi s convers i on wi 11 requi re the e 1 i mi nati on of several" i s 1 ands" in the cen- tral portion of the lot. COt~t'lENTS : 1. The existing central driveway is considered desirable, but not essential, for parking lot circulation. Its elimination would not affect site access or perimeter circulation. It will simply require cars in the parking lot to travel greater distances along parking aisles before reaching the per- imeter drive. 2. As stated previously, the proposed parking expansion will cause the elim- . ination of numerous "islands" in the parking lot. These islands, ranging in size from 10' X 15' to 18' X 28', contain mi ni ma 1 1 andscapi ng. Their original purpose, however, was to break up the relatively large parking lot. Since 1 frequently recommend the provision of landscaped islands to im- prove the appearance of parking lots, I am reluctant to recommend their removal. However, the smaller islands that will be eliminated have much less impact on the parking lot appearance than the large separator islands tha t wi 11 rema in. My observation of the site indicates that the aesthet- ics of the site would not be significantly damaged by the proposed change. If the Planning Commission is not receptive to elimination of the islands, it would be possible to retain the islands but stripe the driveway area for parking. This would result in approximately half the additional park- ing spaces proposed. However, Land 0' Lakes has stated that this approach would not provide enough spaces to meet their current parking need. 3. For your information, the loss of landscaped open space represented by the islands proposed to be eliminated would increase site coverage by approxi- mately 0.3%. . planning' landscape architecture CONCLUSIONS: Although the existing islands are desirable for breaking up the parking lot, . their elimination is considered acceptable because: a. Expansion within the existing parking lot will be more functional and will have less visual impact than expansion into other large land- scaped areas of the site. b. The large separator islands will be retained. c. Site access and perimeter circulation will not be altered. . Case No. 87-27 July 20, 1987 Page 2 . TIllnn ,,:"._~~- , ,. ,__-=<__ ' I uiii~~'I,1 ~Ip ~ ~ ~~. .....>1 ' .~ !~ :i1.1! ~h ' " <:$.'.'" "":. ,i - !lti!I'H ~~ ~~5~ .' ~!~o 'J, ...<;:. ~ ~~:: !! ~.jZ ~ . i~ ~~~ ;!d::':: . , ' -: rjoo:crl- '"-! -. "',', l~~:: j! . , " ~o .' \ ' ,~ "" " , I . ~.. ^" ) ~- ~- ~-' ~'{ ~ - ~ - . ! I i I , . I. " _ __,~;P;;;.:~ :,X~":; ! -- , -. - .6'.........--.~} , ".v'" - - III : Ii ( . . / I / - -' ~ '- ./ .~.------- ----.., ... " - - . -" ~ --'- , ~ ~ " ~;i .'.. ,- fgb ,~); I' 0;; , -,1, -.:t." ,', , .! . ,': . 'li;!il,~':-: ------- 1111:11 '~ ,', !)II! ~' ii!II!' " ~ ' !,,:~.d ~, " ~ '- ..~ ,~, .' rfl " [ '" _rn " is :f;:E "'D cD (j)(tI . "'''' ..,;.... - . - ---- ; wehrman PLANNING MEMO bergly . UQQ5iates To: Arden Hills Planning Commission From: Wehrman Bergly Associates, Inc. Drlyn W, Miller, Planner Subject: Case #87-23 n. plaza bldg., ste. 220 Rezoning from R-1 to R-4 and 5217 wayzata blvd. approval of PUD Concept Plan for minneapolis, mn 55416 612 544 7576 48-unit apartment building Applicant: Margaret and William Reeves, Sr. Date: July 13, 1987 The applicants are proposing to construct a 48-unit, three-story apartment building on the 4.4-acre site located at the southwest quadrant of Snelling Avenue and Highway 96. This will require rezoning the property from R-1, Single-Family Residential District, to R-4, Multiple Dwelling District. Since multiple dwelling structures in the R-4 District may be approved only under the PUD process, approval of a PUD Concept Plan is also being requested at this time. The proposed structure will be located near the center of the site, with parking concentrated at the west edge of the site. A water retention pond is proposed at the southeast third of the parcel, an area that is currently a natural marsh. Underground parking is proposed to reduce . the site coverage. A single access point from Highway 96 is proposed. ORDINANCE COMPLIANCE: District Requirements (R-4 District) Permitted/Required Proposed Height 35' 32' FAR .3 .3 Building Coverage 25% 10% Total Lot Coverage 35% 34% Se tb ac ks : Front 40' 60' min. Rear 30' 70' min. Side 5' min./15' aggr. 70' min. Parking Ratio 2 per unit 2.2 per unit Density 12 units/acre 10.9 uni ts/acre COMPLIANCE WITH COMPREHENSIVE PLAN: The subject property is designated as "Medium Density Residential" on the Comprehensive Development Plan. The Medium Density category corresponds generally to the R-3, Townhouse and Low-Density Multiple Dwelling District, in the Zoning Ordinance which permits a maximum density of 4.5 units per acre under a PUD permit. . I I , planning' landscape architecture I ---_._-~ . COMMENTS: 1. In September of 1985, a nearly identical application for rezoning was submitted. The Planning Commission recommended approval of the rezoning and PUD Concept Plan for a 48-unit apartment building, but the City Council denied rezoning. The basis for denial was the proposed density and its potential impact upon vacant property to the east. 2. With the development of the large church complex on the adjacent site, the development of R-1 single-family on this site is unlikely, in our opinion, because of its relative isolation and small size. The relationship of the site to Highway 96 further supports the development of multiple dwellings as designated on the Comprehensive Plan. The density of such multiple development is the real issue. 3. The proposed 48-unit building is not out of scale with the nearby church complex, nor does the building crowd the site. It may influence the future use of the land directly east across Snelling Avenue, land \'!hich is designated for low density development on the Comprehensive Plan. However, a single, high-quality building set back more than 200 feet from Snelling Avenue should have minimal impact on adjacent property. 4. The plan proposes a single access point from Highway 96 approximately . 185 feet west of the Snelling Avenue intersection and 150 feet east of an existing median crossover. For reasons of safety and preservation of traffic-carrying capacity, MnDOT is attempting to minimize direct access to Highway 96. Access to Snelling Avenue may present a greater impact on adjacent properties, but is considered a better long-term solution for traffic-related reasons. Limiting the site access to Snelling Avenue only is recommended. 5. Additional comments regarding the site plan are as follows: a. On-site circulation and access to parking seems indirect and inefficient, but the parking lot adjacent to the church parking area is better than any location nearer the single- family development across Snelling. b. Preservation of the wetland is beneficial both for drainage reasons and as an amenity for the development. c. Significantly more screening (both plant materials and berms) along Snelling Avenue is required. Additional landscape screening is also necessary adjacent to the existing single- family house. . CASE #87-23 PAGE 2 OF 3 illOo . CONCLUSIONS: l. The requested rezoning from R-1 to R-4 is not consistent with the Comprehensive Plan. 2. Rezoning of this parcel to R-4 may be expected to influence land use proposals on the property to the east. 3. The proposed R-4 development does not represent excessive density for the area because: a. The site is limited in size and relatively isolated. b. The large open space on the adjacent church site to the south reduces the impact of the increased density. c. The siting of the building to maximize the distance from Snelling Avenue will minimize the visual impact on the adjacent R-1 property. 4. If the Planning Commission favors the rezoning, I recommend that effectuation of the rezoning be withheld until the PUD General Plan has been reviewed in detail and approved for issuance of a building permit. (By ordinance, the PUD General Plan requires a publ ic . hearing. Since the documentation submitted at this time does not respond to all the requi rements of the PUD ordinance, the current plan is considered a PUD Concept Plan.) . CASE #87-23 PAGE 3 OF 3 mOo --- ~~.:-.~;----"...,-,-.,-" ~ -..~. :.:,->""~."i~1""!"::;'(1:';" ....... ~;:~c.::.'7,.- '~'~..:,: t.: .....'JI-.~.\ ,.~. ~-_. - ----.,...........--...--~~""";: r .;;~__.,' ':', ':f:<~'l!: I" ,'" I ' i I '. I, .,;.... l . 1;:... .,.:- r :'i: I","'" ~ <: '''0 \ '1 X .--,--------] - .> 0 I I ,:xl I ,~ I f';;' I ~[,,':~. -. ; II "" ~-':O . p .' . 0 ' l' ......- ~ ~,' . z : ,: ~ .. <j' ~" ........ 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'" ~ 1'1 .,.... C'~ :c Oi m." ;; .~ r.,.- " :I> r- ):>0 r- =- ...1 " :t 1ri ". g ~ :'1' [. , , f! '"' ,;;~, ", .,..... ....;,J:to' lro ~ ,co' (,.) ... JlI. O'l .... 01 ..., .:. .', -""'" . t(. { ~ '-!II 'J ,OO'l,W!CX). IOJ ,J:toom~~~ID_"", ~ ;,-,,"-, e ;~::;.:. ~ '=' ~;< ':4 ":,'; . .... 0!(.I)ICI). '(.I) 1P"&- {.:J,....;.. ~ ';_:~:A .; ~ "~~ - "q'-"~' "cn'''''~:''tr "tl c.o(.J-o W -1(,., 't "h -~:...' It. '~I' ~,~,~,~, ....~';toi:J;loj:J;lo ':J;lo 0.0,0 ~ '-..f ~"" ~ - -.:1" ".;:" .::J;lo('),0:(') (") '(I1'WCI) .~"':'. . t::- -,- . it 1'( ',' .;~ rn.rn:,rn 1m ;, :n:" ~_ .-f!.:,-:\~.;. ::. _~'_~'"''-'-''' ~. l ;.U1: ..... . . :n' .'~>:;. ,-(' 1"_~;~., -~t,.~~, ;1,< . ~" lllL __~.'. '" ~.. !~ '!"!;l;~"~;'~~~;~' '.~ I'.:' '.,:,:1 BERNARD HERMAN 148 UNIT, .APARTMENT, BUilDING. I==:::-';~::':"=:::?':::':':'I;;;:~"~:'" ,.; -t ,~, ~ ..,... "~~"'~~ ... ARCHITECTS; INC. HIGHWAY--98';'T OLD-SNELLING _"_._~___"...__ uu .---'.' ;.\ ':'_~ ' ,'; -,,_; ~.~:;:~~~o::.~,:"",~,~:.1~..";'::: AROENHii.Ls,~-Mi-V' ,.....:__:...:'. ~__ ____.,.....:...G~.M.:-~.~~~~;-== .,:, ~ PLANNI NG r~EMO wehrman To: Arden Hills Planning Commission bergly . UQQfsates From: Wehrman Bergly Associates, Inc. Orlyn W. Miller, Planner Subject: Case #87-24 Amended site plan for expansion of Blue Fox Inn n. plaza bldg., ste. 220 3833 North Lexington Avenue 5217 wayzata blvd. Applicant: Thomas G. Cossack minneapolis, mn 55416 612 544 7576 Date: July 20, 1987 The applicant is proposing to construct two small additions to the existing restaurant/lounge. A 9' X 44' addition is proposed on the east side, south of the existing entrance, and a 12' X 21' addition is proposed at the north- west corner. Both additions will be glass solariums with metal support beams. The restaurant/lounge currently operates under a Special Use Permit in the I-2 District. The proposed expansion, therefore, requires an amendment to that pe rmit . ORDINANCE COMPLIANCE: Setbacks from Lexington and Red Fox Road meet or exceed ordinance requirements. The additions increase the building coverage to 11.3 percent; 40 percent is permitted. . Total site coverage, currently near the 75 percent maximum, will be unchanged. Based on an occupancy level of 249 persons, 83 parking spaces are required; 85 spaces are proposed. COMMENTS: 1. According to the applicant's architect, the current occupancy level of the restaurant/lounge is 215 persons. (The liquor license application indi- cates a capacity of 229 persons.) Eighty-nine parking spaces exist for a ratio of 1 space for each 2.4 seats (or 1 space to 2.6 seats if the larger capacity figure is used). The ordinance requires 1 space for each 3 seats. The additions will increase capacity to 249 persons and will eliminate 4 existing spaces, reducing the total parking to 85 spaces. Th is represents a ratio of 1 space per 2.9 seats, or slightly more than the ordinance requi rement. My random observations indicate that the existing parking is under-utilized much of the time but is used to near capacity at peak times. Increasing the capacity without increasing the parking supply may result in more park- ing along Red Fox Road during peak use times in the future. Wi tho ut mo re detailed study of present parking conditions, the frequency of such peak use cannot be determined. My evaluation of the site indicates there is no opportunity to enlarge the . parking lot because of site coverage and setback requirements, There are a coup 1 e offi ce/wa rehouse parking, lots adj acent wh i ch mi ght be cons i dered for a shared-parking arrangement at night, but requiring the applicant to pursue this alternative is not recommended since on-site parking provided is within code requirements. planning' landscape architecture 2. The east addition will extend into the drop-off circulation space at the . entrance to the restaruant/lounge. This is currently posted as a fire lane. In order to prevent congestion in this area, signage prohibiting parking should be retained. 3. The timber planters which edge the east and north sides of the existing building will be altered and reconstructed to accommodate the building additi ons. The new planters should be landscaped in a manner similar to the existing planters. CONCLUS IONS: 1. The proposed additions meet or exceed all ordinance requirements. 2. Approval of the site plan and building plans should be conditioned upon: a. Installation of no parking signage at the east end of the building. b. Replacement of plant materials in the reconstructed planters. . . CASE #87-24 PAGE 2 OF 2 Tlnlln --------- r' h ...'~~:~lj,,~;;~~t1l;,f[~~~~fil ['illlj ~",""""",...,., '''C.' ',' ,,~,,',Jlh" ',J1!l,.."jLh' ~.... ll"" ., _ . _ .f<""""'~'I"_""'.:""'-"'" '. 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' l::::Q p' I t' ,~. ,,', ',,' ';-c--~'",' l(; . i .' \ \ t... , '" ,I ,\.~----' . 771/ i ' !,~ ,"'" ,'. ---.-:= \\,' ," ~I' , '1 L ) . -, \ \,) I' ~~ '11' I" l\ ~,\ .:( ,,'. ,I';,/; , \ ,\ ,,' I J; _ ,," .~. '. '0' ' h." I' ' ' ,," ,I 1 ~\ \ - \\', ,', \, I ': : '. --- ,;:...,' '.: ; .:i,' ~'/..., - ,'" " ',.. ,. .. ... I _' - I' . IF] I / ~\ - .'= .-.. ySt'~~~YLj._D-=!:i[:j -;' " ---, i'. ~ -=r I ,I,~ ..' I -.> , ","' . ,; 'I ' . .. " "',', \ t 'L " ' ';,'~ ;,' ~(':' ,'- ," ... ... .. ..'" ' . ,'mIl ~ , , ! . ~ II f7' , I - I ' ! il i\ ' I il !;: I ' I I I il\ " I I I' ' ., 'I I i: ~ '.J i: , I 'I~I I i ,\ : I .,' I , :I:j .~ ; [ I ,; 7 ,\l I :' . \ ~ , Y ;i ,I. ~ . ;}.\ ~ EIJJill 0 I II .''\ l i~\ ~ ". l~"~ [) ~. \1\ 'j' ,i fF <~-~\ ,l\ ~ \; -' ii ,- II ., ./'":i I I , r- I ! rl I I I- . :1 , I I, L- I \: tl , .\11 'Iii i fl! fi" ~_ ':1 I ,l:\\,: p~ , , , "1- -'I.:' :,J; ~ +i_~ : , ",~ 1',1 n ' ' ' ' ._-"-=-0=-- I'Q. 'Ie -..--- I j11 ,~' ~--- rL I , If I -- ~i~ I!'i , ---- , . , , " ~ ---- , "I . .-:----~_.. \ ~;I \I , I:]' " . -- ~ " ,I ~, j ,_..__1 ......~.......- " 'I ~, ."..._~ I , ~.,.._~ ,I " . ~ ~ -r -. r-.....r - \ f ~ .-- " ~:~~. j " j ~~- ~ ~ ...-- . I; . -- .-~. , J' , --~.".' ~~;. I .,.... ;=~-- .. . . -.' " - ..-.:.._,,.,.;,, " _~ CL,;-' ~ ..,' " _ -=-_. .1.~.._.~~;....... .<_;......... .:,~;'" ',";.~:.t~.....~~', .... _~'M ~:. ."' - --- . , PLANNING ~1Et~0 wehrman bergly . TO: Arden Hills Planning Commission UQQ5iates FROM: Wehrman Bergly Associates, Inc. Orlyn W. Miller, Planner SUBJECT: Case No. 87-26 PUD General Plan approval for Edgewater Estates townhouse component n. plaza bldg" sle, 220 01 d Hi ghway 10 and Parkshore Dri ve 5217 wayzata blvd. APPLICANT: Mardon Homes minneapolis, mn 55416 612 544 7576 DATE: July 23, 1987 In 1985, a PUD concept plan was approved for the Edgewater Estates project, consisting of 37 apartment units, 31 townhouse units, and 8 single family lots. Under the first phase of th PUD, the single-family lots were platted and the apartment building was constructed. The applicant is now requesting approval of the PUD General Plan for the townhouse component as required by the PUD pro- cedu re. This process is nearly idential to the site plan and building permit review procedure, except that a public hearing is required in this case. Rezoning of the site to the R-3 Townhouse and Low-Density Multiple Dwelling District is required to accommodate this proposal. The approval of the PUD concept plan recognized this rezoning, but specifically stated that rezoning should occur simultaneously with General Plan approval. Therefore, rezoning from R-1 to R-3 is requested at this time. PROPOSAL: . The applicant is proposing the construction of 31 townhouse units on Lots 9, 10, 11, 12, and 13 of Block 1 and Lots 1 and 2 of Block 2 in accordance with the approved concept plan. The proposed layout of townhouses is similar to the concept plan except that the units on Lots 9, 10, and 11 have been consoli" dated into two larger buildings instead of the three originally proposed. ORDINANCE COMPLIANCE: Required/Permitted Proposed Height 35' 24' Building Coverage 25% 16% Site Coverage 35% 13% Landscaped Area 65~s 71% Setbacks: Front 40' 40' min. * Side 5' See Comment #1 Rear 30 ' 40' min. Parking 2 spaces/unit 4 spaces/unit (2 garages plus 2 driveway) * The building on Lot 11 has a dimensioned setback of 40', but it measures only 30' on the drawings. This must be verified by the appl icant. Paragraph 22-12(b)(2)c. of the Subdivision Regulations states that "there shall be no continuous structure of townhouses, attached dwellings, or apartments . which exceed 150 feet in length unless the design for structures longer than 150 feet is acceptable to the City." The 8-unit and the 6-unit structures exceed 150 feet, measuring 220 feet and 170 feet respectively. planning' landscape architecture Cor'1MENTS . 1. When the General Plan for Phase I was approved, the entire property was final platted. The plat subdivided the townhouse area into lots which conformed to the Concept Plan arrangement of townhouse units. The proposed buildings on Lots 9, 10, and 11 of Block 1 do not conform to established lot lines. Replatting of the lots will be necessary, not only to meet Ordinance setback requirements but, more importantly, to create conveyable lots. The applicant must submit a preliminary plat identifying the proposed lot line adjustments or re-subdivision before approval can be granted. 2. The four southernmost buildings are substantially the same as depicted on the Concept Plan. The three buildings originally proposed on Lots 9, 10, and 11 have been consolidated into two, resulting in structures which are significantly longer. The cluster of three smaller buildings proposed by the Concept Plan is considered superior to the two larger structures for reasons of appearance and marketability. Redesign of the north cluster is recommended. 3. A double garage plus two exterior spaces in the driveway are proposed for each unit. Although this exceeds the Ordinance requirement, it still does not adequately provide for off-street guest parking. Nodes of guest park- ing should be provided for each building cluster at a ratio of approxi- mately 1/2 space per dwelling unit as proposed by the original Concept . Pl an. 4. The Concept Plan approval stated that the townhomes shall have wood or metal house siding with brick trim. The brick trim was specified to assure compatibility with the adjacent apartment building. The proposed units will have aluminum siding with face brick trim at the base of the building. 5. When the Phase I development was approved, a grading plan was submitted for the entire site. That grading plan, based on the townhome arrange- ment of the Concept Plan, proposed terracing the site to create various levels for townhouse building sites. Although the slopes on much of the site limit the potential for berming, creation of undulating earth berms along Brueberry Lane, Parkshore Drive, and Old Highway 10 is recommended to add interest to the streets cape and to provide privacy for adjacent un its. 6. At this writing, no landscaping and lighting plan has been submitted. Those items must be submitted prior to approval. CONCLUSIONS 1. The proposed use, density, and general distribution of townhouse units conforms to the previously approved PUD Concept Plan. . Case No. 87-26 Page 2 July 23, 1987 illCb . ~ ~ DOC'S (Jl , II BOHEMIAN CUE,INC 5 Aug 87 1660 West Highway 96 Arden Hills, Mn. 55112 Planning Commission & City Council of Arden Hills 1450 West Highway 96 Arden Hills, ~linn. 55112 Gentlemen; I am not able to attend the zoning change request meeting and am writing this letter to state that I (Paul A. Rutter) and my wife (Martha M. Rutter) Have no objections to the proposed zone change and building of an apartment building on the property East of ours. Our Address is 1660 West Highway 96, Arden Hills, Minn. 55112. . /:<;7 /~ -- /?JY I~'a. . . Paul A. Rutter . -~ 0 (Y<~< ( t0t.- ( (l...)....:U;.".......f'''- ,}-)-..... . Martha M. Rutter PERSONAL BILLARD EQUIPMENT FROM A "TIP TO A TABLE" ---------- 2. The requested rezoning to the R-3 District conforms to the Comprehensive . Plan and the PUD Concept Plan. 3. The following site plan modifications are recommended: a. Redesign of the north townhouse cluster to reduce the building length. (Provide 3 buildings instead of 2.) b. Provide parking nodes for off-street guest parking. 4. The following items must be submitted for review prior to action by the Planning Commission: a. A revised grading plan addressing site plan adjustments proposed by the General Plan. The grading plan should incorporate berming as discussed in Comment #5. b. A landscaping and lighting plan. c. A preliminary plat (if replatting is proposed). d. If commonly owned land is proposed, all homeowners' association documentation in accordance with paragraph VIII,G(3)(c)8. . . Case No. 87-26 Page 3 ([lCb July 23, 1987 . . :,. I_~ . ., ~NI . .".,0.'=. )" ' , ' ," i : ' , . .. ," " ,,'. '. ~ I k'" 11' , " I ,;; I ' ," .. ' ".." " ' \ I 1,' " " 0 ' . · ' " " ", [JiJ' . _ "':l: c. ~ A 8 . ., . I " . ,. ". 0 . ' , . I ~ -""." <1'~".... !"'~ :' . O. " '. ." " ' ' J' i ~ P ("~ j: :" : ~ . , . V , ,'" .'.""" .'.' , I . j "; ,i, iii i I ; j i .~ 1 ; . :: :: ~:: 8 f . "..' ~I.' ", <( 1 L.........-- l Z Z 6 ;; 0 J! 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MINUTES OF THE REGULAR PLANNING COMMISSION MEETING Wednesday, August 5, 1987, 7:30 p.m. - Village Hall CALL TO ORDER Pursuant to due call and notice thereof, Vice-Chairman Calvin Meury called the meeting to order at 7:30 p.m. . ROLL CALL Present: Acting-Chairman Calvin Meury, Peter Martin, Scott Petersen, Rick Savage and Gary Thorn. Absent: Robert Curtis, Thomas ~abcook, Dorothy Zehm and Paul Malone. Also Present: Mayor Robert Woodburn (8:15 p.m.), Planner Orlyn Miller, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. APPROVE MINUTES Moved by Martin, seconded by Savage, that the Minutes of the July 1, 1987 Planning Commission meeting be approved as submitted. Motion carried. (Martin, Savage, Meury voting in favor; Petersen and Thorn abstained) (3-0-2) CASE #87-25; AMENDED Planner Miller reviewed his report (7-13-87), relative SITE PLAN/PKING LOT to the proposal to expand the existing parking lot at EXPAN; MSI INSURANCE MSI Insurance to provide an additional 152 spaces. Miller explained that the proposed expansion meets all ordinance requirements for setbacks and site coverage. He noted that MSI is proposing to relocate or replace all plant materials disturbed by the expansion. Miller recommended the west corner of the site be given special attention when trees are transplanted, because it would become more visible; placement of evergreen groupings in that . area would be desirable. William Bretzke, Director of Building Services at MSI, stated the company was agreeable to intensification of the landscaping, per Miller's recommendations. Member Thorn asked if the building space was fully occupied at this time to necessitate the parking expansion. Bretzke advised that all four floors of the building were utilized at present, but not to capacity; he projected the building to be utilized to full capacity by 1990. Moved by Petersen, seconded by Martin, that Commission recommend to Council approval of Case #87-25, Amended Site Plan Review for Parking Lot Expansion at Two Pine Tree Drive, Mutual Service Insurance, conditioned upon applicant submission of an intensified landscape plan which addresses the following; a. Regrading of berms as indicated on grading plan. b. Relocation or replacement of all disturbed plant materials. c. Placement of plant materials at the west corner of the parking lot. Motion carried unanimously. (5-0) . 4' Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 2 CASE 1/87-27; AMENDED Planner Miller reviewed his report of July 20th, . SITE PLAN!PKING LOT relative to the proposed parking lot expansion for EXPAN; LAND 0' LAKES Land O'Lakes headquarters. He advised the applicant is proposing to increase the parking supply in the existing lot by 76 spaces; this will be accomplished by eliminating a central driveway and several "islands" in the parking lot and converting the driveway to parking spaces. Miller noted that the elimination of nwnerous "islands" in the parking lot, which contain minimal landscaping, would not significantly damage the aesthetics of the site. If the islands remain, the applicant has stated they could not provide sufficient spaces to meet their current parking need. He adVIsed that loss of the landscaped open space by elimination of the islands would increase site coverage by approximately 0.37.. The Planner concluded that although the existing islands are desirable for breaking up the parking lot, their elimination may be considered acceptable for the following reasons: a. Expansion within the existing parking lot will be more functional and will have less visual impact that expansion into other large landscaped areas of the site. b. The large separator islands will be retained. c. Site access and perimeter circulation will not be altered. James Strecker, representative of Land O'Lakes, was present to answer any . questions; he stated that the plan would have little, impact on the current parking lot situation. Moved by Savage, seconded by Petersen, that Commission recommend to Council approval of Case #87-27. Amended Site Plan for Parking Lot Expansion, Land O'Lakes, 4001 Lexington Avenue North, contingent upon applicant relocating existing trees in the parking area. Motion carried. (5-0) CASE #87-23; REZONING Acting-Chairman Meury opened the public hearing at 8:00 R-l to R-4. PUD p.m. Deputy Clerk Iago verified that the Notice of CONCEPT PLAN, REEVES Hearing was published in the New Bri~hton Bulletin SNELLING AND HWY. 96 and mailed to affected property owners on July 22, 1987. Planner Miller explained the applicants are proposing to construct a 48-unit, 3-story apartment building on the 4.4 acre site located at the southwest quadrant of Snelling Avenue and Highway 96. He advised this will require rezoning the property from R-l to R-4; since multiple dwelling structures in the R-4 District must be approved only under the PUD process, approval of a PUD Concept Plan is also being requested at this time. Miller stated that the proposed structure will be located near the center of the site, with parking concentrated at the west edge of the site. A water retention pond is proposed at the southeast third of the parcel, an area that is currently a natural marsh. . ---.--.-----.- . Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 3 CASE #87-23 (Cont'd) The Planner stated that underground parking is proposed to reduce site coverage and a single access point from . Highway 96 is proposed. Miller commented that the only difference between this proposal and the previous application submitted in 1985 is the access; the 1985 application proposed the access for Snelling Avenue. Miller explained that the Planning Commission had recommended approval of the 1985 application, bUe the City Council denied Dezoning on the basis of the proposed density and the potential impact upon vacant property to the east. With the development of the large church complex on the adjacent site, the development of R-l single-family on this site is unlikely, because of its relative isolation and small size. The.Planner commented that the proposed 48-unit building is not out of scale with the church complex, nor does the' building crowd the site. It may influence the future use of the land directly east across Snelling Avenue, however, a single, high-quality building set back more than 200 ft. from Snelling should have minimal impact on adjacent property. He also explained that the proposal meets all requirements for setbacks, site coverage and is below the maximum density permitted in the R-4 district. Miller advised that the plan proposes a single access point from Highway 96, approximately 185 ft. west of the Snelling Avenue intersection and 150 ft. east of an existing median crossover. For reasons of safety and preservation of traffic-carrying capacity, MoDOr is attempting to minimize direct access to Highway 96. He noted that access to Snelling Ave. may present a greater impact on adjacent property, but is considered a better long-term solution for traffic . related reasons. He recommended limiting the site access to Snelling Avenue only. Mrs. Reeves, applicant, was present and explained the access was moved to Highway 96 to help alleviate increased traffic adjacent to the residential area on Snelling Avenue. She stated that initially they had planned to develop the site with single-family dwellings, however, since the development of the Church property to the east that was no longer feasible. Reeves advised that she had spoken to Arlo Lien, representative of the Church adjacent to this site, and he indicated the Church had no objections to the proposed rezoning. Mrs. Reeves also submitted a letter dated August 5th from, Paul and Martha Rutter, 1660 W. Highway 96, stating they had no objections to the proposed rezoning or PUD concept plan. Member Petersen stated that he favored the 1985 application and this proposed application; he explained that he agreed the site would not be developed with Single-family since the adjacent development of the Church site to the east. Member Thorn agreed that the site would not be developed as single-family due to the Church development adjacent to the site; it was his opinion that the access should be directed to Snelling Avenue rather than Highway 96, as per the Planner's recommendation. Member Martin questioned if the applicant had considered development of this property as an R-3 District as the Comprehensive Plan designates; he favored lower density. . -,- ~ Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 4 CASE #87-23 (Cont'd) Mr. Reeves stated that he,had considered development of the property under the'R-3 requirements, however, it was his opinion that it would not be feasible to develop the property with the . lesser density. Miller commented that the density calculation drops significantly from R-4 (54 units maximum) to R-3 District (20 units); if property were developed with maximum townhouse density total building coverage on the site would increase. Meury questioned elevations of berm and if existing vegetation would be preserved. He also favored the access onto Snelling Avenue. Miller explained that the elevations shown are current; a grading plan would be submitted with the general plan. Comments from the Floor Sue Molinar, 1550 W. Highway 96, stated she is opposed to the proposed rezoning for an apartment building; also opposed to Snelling Avenue access. Molinar expressed concerns relative to increased traffic, safety of neighborhood children and it was her opinion that the development would not enhance the area. She questioned the mailing radius for public hearing notice. Deputy Clerk rago advised that legal requirements are to publish notice of hearing and mail notice of hearing to property owners within a 350 ft. radius of the subject property. Tim Flanagan, 1511 Colleen, expressed concern relative to Snelling Avenue . access. He stated that the exit for the Church parking lot states "No Left Turn" onto Snelling; however, he pointed out that does not eliminate the traffic entering the Church from traveling on Colleen Avenue. Tom Molinar, 1550 Highway 96, expressed his opposition to the proposed rezoning and PUD concept plan. He stated that Snelling Avenue is in extremely poor condition; increased traffic would cause further deterioration of the street. After determining there were no further comments from the floor, the public hearing was closed at 8:28 p.m. Member Meury questioned the safety of the open ponding area; suggested possible protection for deterring neighborhood children from playing near the pond. Reeves explained that the pond is only 18" deep and in the swmner months it is usually dry. Meury stated it was his opinion this is as good a development as the Village may see proposed for this parcel; he favored the concept plan. Miller pointed out that Snelling Avenue has been designated as a collector loop street in the Comprehensive Plan; Snelling had that designation prior to the Single-family development along Colleen Avenue. . "----- ~----- - Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 5 . CASE #87-23 (Cont'd) Member Thorn stated that all options should be explored under the R-3 zoning. He further commented that he understood the concern of the residents in the area relative to the Snelling Avenue access increasing traffic, however, it was his opinion that most of the traffic exiting onto Snelling would proceed to Highway 96. Thorn also preferred the underground parking associated with an apartment development versus the parking associated with a townhouse developmenL. The Planner advised that if the members favored the rezoning, he recommended that effectuation of the rezoning be withheld until the PUD General Plan had been reviewed in detail and approved for issuance of a building permit. At this time the documentation submitted does not respond to all the requirements of the.PUD ordinance, therefore the current plan is considered a PUD Concept Plan. Miller pointed out that it would be the applicant's responsibility to explore the R-3 zoning feasibility; Commission has the option to recommend denial of this application or to table until the matter is explored/explained. Acting Chairman Meury advised Commission members that it would be preferable to consider the Rezoning issue at the time the General Plan is submitted by the applicant; action this evening should be taken based on the Concept Plan issue only. He further stated that recommended approval of the concept plan would indicate to the applicant that if the General Plan were acceptable to Commission, rezoning of the parcel would be recommended. Planner Miller concurred that approval of the concept plan would imply the . rezoning would also be approved if the general plan met all requirements, however, it would not be mandatory to recommend approval of the rezoning. Moved by Martin, seconded by Thorn, that Commission recommend to Council denial of Case #87-23, PUD Concept Plan for 48-unit Apartment Complex at the southwest quadrant of Highway 96 and Snelling Avenue, Reeves. based on the rationale that the proposal for R-4 zoning at a higher density is not consistent with the Comprehensive Plan which identifies this area for medium density development. Motion failed. (Martin and Thorn voting in favor; Meury, Petersen and Savage opposed) (2-3) Member Martin commented that an apartment complex may be ,a more appropriate use, however, he preferred a lesser density complex. Thorn agreed. Moved by Petersen, seconded by Savage, that Commission recommend to Council approval of Case #87-23, PUD Concept Plan, as submitted. Motion carried. (Petersen, Savage and Meury voting in favor; Thorn and Martin opposed) (3-2) In discussion, Mayor Woodburn stated that the City Attorney has advised that conditional zoning was not an acceptable legal stance. Planner Miller differentiated between the PUD process which incorporated a rezoning, and a conditional zoning. Commission members concurred that the intent of the motion was to support the . PUD Concept Plan only, at this time, furthermore, the rezoning of the property would be considered upon applicant submission of the General Plan. -- --------- - Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 6 CASE #87-24; AMENDED Acting Chairman Meury opened the public hearing at SUP FOR EXPANSION,- 8:30 p.m. Deputy Clerk Iago verified publication and . BLUE FOX INN , 3833 mailing of Notice of Hearing on July 22, 1987. NO. LEXINGTON AVENUE Planner Miller explained the applicant is proposing to construct two small additions to the existing restaurant/lounge; both additions will be glass solariums with metal support beams. He revieweahis report of July 20th and indicated that the applicant has met all ordinance requirements relative to setbacks, building coverage, site coverage and parking. Miller recommended that approval of the site plan should be conditioned upon installation of no parking signage at the east end of the building and replacement of plant materials in the reconstructed planters. There was discussion relative to landscaping on the site and screening for trash enclosure. Tom Cossack, applicant, stated that he would be agreeable to replace the plant materials. He further advised that the trash area is screened on two sides and will be painted in conjunction with the proposed expansion. Comments from the Floor After determining there were no comments from the floor, the public hearing was closed at 9:00 p.m. Moved by Thorn, seconded by Savage, that Commission recommend to Council approval of Case #87-24, Amended Special Use Permit and Site Plan Review for expansion of Blue Fox Inn, 3833 North Lexington Avenue, . Cossack, contingent upon applicant installing no parking signage at the east end of the building and replacing plant materials in the reconstructed planters. Motion carried unanimously. (5-0) CASE #87-26; PUD Acting Chairman Meury opened the public hearing at 9:05 GENR'L PLAN APPRV. p.m. Deputy Clerk rago verified the publication and EDGEWATER EST./HWY mailing of Notice of Hearing on July 22, 1987. 10 & PARKSHORE DR. The Planner reviewed his report of July 23rd and gave background of the 1985 approval of the PUD concept plan for the Edgewater Estates project; he noted that approval was for 31 townhouse units. The applicant is now requesting approval of the PUD General Plan for the townhouse component as required by the PUD procedure. Rezoning of the site to the R-3 District is also required in conjunction with the General Plan approval at this time. Miller advised that the applicant has reduced the number of townhouse units to 29 and reduced the length of the two buildings by separating them into four units. He further explained that the applicant had submitted the grading, landscaping and lighting plan for the development; the grading plan was sent to the Engineer for his review and recommendation. Kim Tramm, representing Mar-Don Homes, stated that it was his opinion this proposal is an improvement from the 1985 plan submitted. He suggested the townhome concept would be more marketable and would enhance the area. . .- - Minutes of the Regular Planning Commission Meeting, August 5, 1987 Page 7 CASE #87-26 (Cont'd) Miller and Tramm explained the construction of the townhome units: . - Building would have brick trim and quality siding. - Stepping roof lines would deter from "barracks" appearance. - Exterior colors would be earth tones and blend with apartment complex on adjacent property. - Garage doors would be treated with raised panel effect; some units will have one double door and some units will have two single doors. Commission members questioned if emergency access turnarounds should be required; Planner advised that with the building separations and the access from Brueberry Lane emergency turnarounds may not be necessary. Miller suggested that the applicant be req~ired to meet the 20 ft. setback requirement for off-street parking nodes arid he recommended a 25 ft. separation between buildings. He explained how the 25 ft. building separation could be accomplished by the applicant. Miller also recommended some additional landscaping requirements and noted that there has been a problem with soil erosion at the apartment complex; to eliminate that problem with the townhouse development he recommended the applicant be required to provide sodding near the curbs and on areas where the grade was excessive. Comments from the Floor After determining there were no comments from the floor, the public hearing was closed at 9:50 p.m. Moved by Thorn, seconded by Savage, that Commission recommend to Council approval of Case #87-26, PUD General Plan, Rezoning from . R-l to R-3, and Preliminary Plat for 29 townhouse units based on the findings that: a) The proposed use, density, and general distribution of townhouse units conform to the previously approved PUD Concept Plan; b) The proposed rezoning conforms to the Comprehensive Plan and the PUD Concept Plan, and, c) The proposed buildings conform to all zoning ordinance requirements regarding setback, height, and coverage. Furthermore, that approval be conditioned upon the following items: 1. Adjustment of the two northern most buildings to provide greater separation of buildings in the north cluster. 2. Adjustment of off-street parking areas to meet the 20-foot setback requirement from all street rights-of-way. 3. Approval of the site grading plan by the City Engineer. 4. Approval of the revised landscape plan by the City Planner; said plan shall intensify planting per Planner's recommendations and shall specify sizes in conformance with the City's minimum standards. 5. Approval of all homeowner's association contracts and documentation by the City Attorney. 6. Approval of the Final Plat. Motion carried unanimously. (5-0) COUNCIL REPORT Mayor Woodburn reported on items of interest to the Commission. . ADJOURNMENT Moved by Petersen, seconded by Savage, that the meeting be adjourned at 10:10 p.m. Motion carried unanimously. (5-0) Calvin Meury, Acting Chairman - --- S~ QJW.~ ~7-?-- ') ~ '-k William F. Bretzke Director, Building Services . ~01, @ Two Pine Tree Drive Arden Hills, Minnesota 55112 (612) 631.71S1 ~~~ ' August 6, 1987 Ms. Pat Morrison Village of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 Dear Ms. Morrison: When MSl Insurance commences the expansion of their parking lot, we will be displacing parking spaces for our employees. For the short period of time (3-5 weeks) during construction, it may be necessary for some of our employees to park on Pine Tree Drive during the work day. I request that Arden Hills recognize the temporary nature of this parking problem to facilitate the construction. I have had discussions with Woodbridge . Properties about using some of their lot space but it is unresolved. I would expect that our employees would conform to village ordinances regarding parking. I ask that you pass this letter on to the Ramsey County Sheriff for their information. I anticipate construction will commence August II, 1987, pending approval by the Village Council on August 10, 1987. Should you have any further questions please contact me. Sincerely, i n~72: )L Ii! ' Dv~'g- --- William F. Bretzke WB:mr . ~ c.._ . August 8, 1987 TO; Arden Hills City Council This letter is to certify that we are the property owners at 1504 West Highway 96 and thllt we would have no objection to the planned development of the Reeves property. Si~etJ~[6 ~i"g I G . . / " ~:,:" //0---; .(/ ~ (!-l.>: [jt [(.-'/,-.J...,(. ' s~ . ~ DOC'S (I. I II BOHENlIAN CUE, INC . 5 Aug 87 1660 West Highway 96 Arden Hills, Mn, 55112 Planning Co~~ission & City Council of Arden Hills 1450 West Highway 96 Arden Hills, ~1inn, 55112 Gentlemen; I am not able to attend the zoning change request meeting and am writing this letter to state that I (Paul A. Rutter) and my wife (Martha M. Rutter) Have no objections to the proposed zone change and building of an apartment building on the property East of ours, Our Address is 1660 West Highway 96, Arden Hills, Minn, 55112. ---;7 /'" -- . /?~ I>~(a. Paul A. Rutter -..;..--- (\ :v i' f, :1-\ o.-^~ ,r>--, , ,:~ lL---L. Martha M. Rutter {~S( f?~o)3 , z:/-/: 1 . , _../ . A <>/c 1)>0:;::;// ed.. '/ : PERSONAL BILLARD EQUIPMENT FROM A "TIP TO A TABLE" . c0 .. . JAMES S. LYNDEN ATTORNEY AT LAw . . March 30, 19B7 Arden Hills City Council Ci ty Hall 1450 West Highway 96 Arden Hills, Minnesota 55112 Attention: Ms, Patricia Morrison Clerk-Administrator -~ -- ---::::.:.:::::=:-:;:-:--'--.~ Re ;(<Ca'~-~ No, B 7-4, ~ckson-Scott & Associates, Inc.--Rezoning of . Parcel'at"Corfier of S.T.H. 96 and Hamline Avenue North Dear Members of the Council: . This matter was on the Council's agenda for the meeting on March 30, 19B7 but was postponed by the Applicant until the first meeting of the Council in April. At the Council's last meeting, the Applicant's attorney, Jim Stolpestad, suggested the Council consider some type of contract or conditional rezoning as a means by which to alleviate its, and the neighbors, concerns about rezoning the subject parcel outright. He was apparently advised to contact me and did. I told him, in our initial conversation, that contract or conditional rezoning was something the City had never engaged in (because I had informed previous Councils that it was not a favored zoning technique) but invited him to send me a letter setting forth cases in which contract or condi tional rezoning had been upheld, Mr. Stolpestad did send me such a letter. A copy thereof is enclosed herewith. After reviewing the letter, I called him to advise that I was not particularly persuaded by the case authorities set forth therein. I referred him to an annotation of cases on the subject of "Rezoning--Special Restrictions' which I had found in Volume 70 of ALR 3d, That Annotation generally points out that most Courts throughout the country have held attempts at contract or conditional rezoning to be invalid as constituting an illegal contractiwG>> . a.way of the zoning authority's governmental powers. At least one exception to this general rules exists; that is, an agreeinent or declaration of covenants and restrictions for the benefit of surrounding . neighborhoods, neighborhood associations, but enforceable by the municipality (by injunction), or a similar form of agreement between the developer and a public agency not having final zoning 612223.5436 612297.6400 800 AMHOIST TOWER ST, PAUL, MINNESOTA 55102 . . Arden Hills City Council Attention: Ms. Patricia Morrison Page 2 . March 3D, 1987 authority (e,g. a planning or zoning board) have been held not to constitute illegal condition or contract rezoning, I have so advised Mr. Stolpestad, Mr, Stolpestad is not so sure that an agreement with the surrounding neighbors can be achieved. The neighborhood associations apparently do not represent the interest of all citizens. There is a nucleus of women, he has told me who are quite adamant about having the land developed at all. He says that his client would be willing to reach some type of contractual arrangement with the planning commission of the City which, of course, does not have final zoning authority. I told him in a phone conversation on March 30, 1987 that I would broach this possibility with you. Before you even consider contract or conditional rezoning, you should take a step back and look at the whole issue from a different perspective. The subject parcel is presently zoned B- 1. That is an extremely restrictive zoning district. The only . uses permitted as a matter of right in that district are farming, clubs and lodges, daycare facilities for over ten individuals, offices, research and utility distribution lines. The rest of the uses which are permissible in that zoning district are only to be permitted after careful scrutiny by the planning commission and the Council and issuance of a special use permit therefor. The Applicant wishes to rezone the subject parcel to B-2. In that district, the following uses are permitted as a matter of right: farming, clubs and lodges, commercial recreation, daycare facilities for over ten individuals, hotels and motels, medical clinics, offices, personal services, restaurants, retail sales, and utili ty distributions lines, The rest of the uses permissible in that zoning district are only permitted after a thorough review by the planning commission and the Council and the granting of a special use permit therefor. The more offensive uses allowed in B-2 districts--e,g., dri ve-in businesses, fast food restaurants, electronic towers, land reclamation and mining, motorized vehicle sales, etc. and service stations--cannot be instituted unle ss the council grants a special use permit. Accordingly, as to those uses which would be deleterious to the surrounding neighborhood, the Council has absOlute, discretionary control. Thus, I do not even see the need for a contract or conditional rezoning. ~~~1.~~~ I as to those uses which are permitted as a matter of . . . 1 right, the Council has authority under Section VIII. E, of Appendix A of the Arden Hills Code (the Zoning Ordinance) to conduct a thorough site plan review of the landowner's plans for . Arden Hills City Council Attention: Ms. patricia Morrison Page 3 ... March 30, 1987 constructing a principal building on .the site. The Council's action, at the conclusion of such proceeding, may include approval, approval with conditions, denial in whole or in part, tabling for a specified period in time, or referral back to the planning commission for further consideration of the application and report to the Council within a specified period of time. This process thus gives the Council control over the ways in which a permitted principal use in a business district shall be implemented, What I am suggesting in the latter part of this letter is that contract or conditional rezoning of the subject parcel may be unnecessary. The uses which are permitted as a matter of right in a B-2 district are limited in number and do not seem to me to have the same capability for producing harm to the surrounding neighborhoods as do those which cannot be instituted until after the Council has granted the developers thereof special use permits. Your Judgment, rather than mine, does and should control on this point. . I think that Mr, Stolpestad would appreciate some guidance from you as to how you wish the Applicant to proceed on the matter, I would appreciate the benefit of your thoughts. Very truly yours, James S. Lynden City Attorney for the City of, Arden Hills JSLjras . ~ , . - 1500 E. First National Bank Building 3750 IDS Tower Magrud", Building , DOHERTY 332 Minnesota Street 8() Sooth Eighth Sll'ffi 1625 M SIl'ffi. N,\\', RUMBLE Saint Paul, Minnesota 55101- 1391 Minneapolis, Minnesota 55402-2252 Washington D,C 20036 Telephone (612) 291-9333 Tel"Phone (612) 340.5555 TelephonE" (202) 293-0555 & BUTLER Telecopier (612) 291-9313 Telex 290.635 Telecop;", (202) 223.8790 . rROFESSIONAl ASS<X:IA nON Attorneys at Law Writer's din>ct dial number: 291-9409 Reply to Saint Paul offiCE' Fr.a.n\..Cl~"ho<.lmt' JohnL. Hannaford Pf"ITyMWilson.lr ~H..lIo..an Hf'flrvD F1as.::r. EugeT\f' M. Warlidl JI.rT\t'5K.Wiltmberg John), McGirl.Jr Thom..b E Rohricht March 23, 1987 &ovd H. ~at~hv~ Dto'anREds~ Ralph l{. Morn., Bruco>E, Hanson ,.W.Iol.'n!'t\(rMcln~TI' DELIVERY BY MESSENGER Rich.ardA WiJho;1 WiJhamJCosg.nH Jam~A,:;tojf""'St...d Me James S. Lynden R~*IlC.Bro""T1 Slt"phfonLSmitl1 Attorney at Law J.a.mpo;JRxan RonaldA ZafNnsl"" Amhoist Towe r KImball). Dtovov CRobo;oriBt-attir Saint Paul, Minnesota 55102 DavidG l,brtm Jon.,tthanr.5c:oll TimothvR Qt.unn Re: Arden Hills Property AlanI.5~v~ .Ianws R. CI"il!>.~weUer JohnA,Yile-k Dear Jim: ~ B. Obm'nan G~A.J(Yam P~A.Hunt WillWm L Sippel Gary Gandrud informs me there are two ways to deal with G.arvH..ansom Ed~an:lF.Fm: the concerns of some neighbors near the Highway 96 and MMvE.ProbsI . ~R.Ed.lund Hamline Avenue site over a re zoning to B-2 (the specific o..vidM.C~ issue being, if the Village permits a rezoning how does it ElLtal:lol'th Hom~ ..Lis.tMHlJ1Witz know the developer will do what he says he will do once ; Sue Ann Nplson 8I1ml D. Bostrom the property is rezoned?) . I would hope one of these Arm E Tobin approaches discussed below would be acceptable when lorIV\iit-;{o-rarks we David P Swanson appear before the Village Council next Monday night, March Ron.iJdD_McFalI Robert r.Mande-l 30, 1987, to request a rezoning of this property from B-1 s.-1'lC.Wringartno?T Enn K.,Iorda1'tl to B-2, ~ J M.nd~m D,n,'Jl L Gagnp Donald W Nile-s First, the Village can re zone the property now but retain Gen.aM,Se-ttt-r Mart~C1itrl<; control over the ultimate development of the property by Mic~1 R. Dodwrtv Sara E. R~bjoom exercising its normal site plan approval rights, This DaI'lJot'IC.Motl. apparently is the way Minnetonka and other suburban Margaret L MaddPl'l communities Gary has worked with deal with this question. Of COQJUe] jc.Foot.. Irving c..ar~ Second, the Village can agree now to rezone the property Dal'll..-lW 0'81'1"0 Willi.amB,R.1ndall later if the developer does what he says he will do with FranlS h.rrell respect to type of building to be constructed, uses, Richard H_ Magnuson GPorgt'CKing hours, etc. when he comes in for si te plan approval. For Cari^_S.....'E'fl~ RKh.m:lB_!'elf'TS,Orl authority for this kind of rezoning, Gary ci ted me to the attached Housinq & Redevelopment Authority v. Jorgensen case (328 N.W.2d 740) in which the Minnesota Supreme Court, upholding an agreement entered into between the City of Tyler and a developer (in this case a housing and redevelopment authority) prior to the rezoning process, . required the city to follow through on the rezoning measures agreed to (granting of condi tional use permits). In our case, the Village could agree now to - ---- - , , " , . DOHERTY RUMBLE & BUTLER . PROFESSIONAL ASSOCLATlON Mr. James S. Lynden March 23, 1987 Page 2. rezone the property and actuallY rezone when the Village grants site plan approval. The attached Northwestern College case also gives the Village some guidance in this situation. As you probably recall, the Court said: yiP "Although neighborhood sentiment may be ~ p1I7 ~ taken into consideration in any zoning decision, it may not constitute the sole ~ basis for granting or denying a given permit. . Jim, I hope this information will assist you in advising the Vi llage of Arden Hi lIs in this matter, Gary said he would be happy to talk to you about the Jorgensen case. Very truly yours, . ~ James A. Stolpestad JAS/j 11: 55 Enclosure cc: Jackson-Scott & Associates, Inc, Gary L. Gandrud, Esq. . JAMES S.LYNDEN ATTORNEY AT LAw . August 7, 1987 Arden Hills City Council City Hall 1450 West Highway 96 Arden Hills, Minnesota 55112 Re: Ordinance No. 249 Dear Members of the Council: I enclose herewith to each of you at your home at copy of the . above-referenced Ordinance. Very truly yours, d. ' C rw!" i ~. -'.'j _ '--",.1' _ ,'_. .,1.( _,,/ 'nt1/1'/' h,tbt-C/ Ji\MES S. LYND~j---'-- ".~ -~......... ' lie . . ~ ------... / / JSL/ras Enclosure . 612223.5436 6t2297.6400 800 AMHOIST TOWER ST, PAUL, MINNESOTA 55102 "/. ? Minutes of Regular Parks and Recreation Committee Meeting Village of Arden Hills -' . Tuesday, July 28, 1987 Village Hall Call to Order The meeting was called to order at 7:40 p.m. by Chairman Sand. Roll Call Present: David Sand, Keith Enrooth (9:00 p.m.), Don Messerly, Alan Montgomery, Tom Mulcahy, Jim Otto Absent: Adele Anderson, Mary Gillies, Jim Mishek, Mark Peterson, Tom Sued beck Also Present: Parks Director John T. Buckley Mayor Robert L. Woodburn Arden Oaks Residents Finance Committee Members Ed Menze, Trudy Rautio Approval of Minutes It was moved by Mulcahy, seconded by Otto, that the minutes of June 23 be approved as submitted. Motion carried unanimously. Arden Oaks Park Development BackRround Information - In 1984 and 1985, concept plans for this park were developed by Planner Miller, and a meeting held with neighborhood residents. Using this plan and guidelines developed with the neighborhood, grading and seeding was accomplished in 1985, and a play structure erected in 1986. Plans . for 1987 included construction of a back stop, hard surface playing area, and picnic shelter. It was anticipated that the back stop would be a , smaller-than-regulation structure, used only for neighborhood play. The picnic , shelter was deemed desirable for parents watching their children, and possibly for program scheduling, since, although trees have been planted, there won't be much shade for ten to fifteen years. When construction began several weeks ago on the back stop, two of the neighbors contacted Buckley asking that no further development take place in the park, and subsequently circulated a petition in the neighborhood which they sent to him, asking that the back stop not be constructed, and the picnic shelter not be constructed. (There is no objection to the hard court area), An equal number of neighbors submitted a petition to Buckley asking that the back stop and picnic shelter be constructed as planned. In an effort to help the neighbors reach a consensus on their desires for park development, the neighborhood was invited to this meeting of the Parks Committee to discuss the best possible development for the park. Those opposed to further development stated as their reasoning, (a) Park area is too small; thought batters could hit balls as far as the play structure, and might hit balls into the street, would prefer no ball playing in the area; (b) Back stop and picnic shelter would detract aesthetically from the area; (c) Back stop too close to detractor's back yard; (d) Picnic shelter could lure to the area the "type of people we don't want around". . Rationale of those anxious for installation of the back stop and picnic shelter was (a) there are over 40 children in the neighborhood under age 12; (b) play ------ ----------- ~ Minutes of Regular Parks and Recreation Committee Meeting Page 2 . structure has been excellent; however, there is nothing for children much over the age of 7 and a back stop, for soccer, softball, baseball, is badly needed for that age group. (b) At present they have to cross busy streets if they wish to play ball. (c) The back stop could be repositioned, from the southwest corner of the park, to the northwest corner of the park, and balls then could not possibly reach the play structure or any homes; (d) without a back stop, there is a danger to children of running into the street to chase balls; (e) shade from picnic shelter would be helpful for parents; (f) summer programming at Arden Oaks Park for youngsters would be possible with a shelter. Questions asked of Buckley by residents included whether the picnic shelter could be of wood (not practical, high maintenance costs); could it be smaller (size planned was ~2' x 24'; a smaller shelter doesn't afford a lot of shade). Residents asked size of proposed back stop; Buckley said that the traditional is 12' x 20' with back and two wings; this one would be about 10' with no wings. Interest was expressed in a tennis court in lieu of shelter and hard court area. Buckley explained a tennis court, with its necessary fences, obstructs visibility and is aesthetically probably less pleasing in an area this size, and would bring more traffic to the area. All possible alternatives in development of this park were discussed with the , residents in an attempt to help them reach a consensus, and make Arden Oaks a . park they'd all enjoy. This proved impossible. Buckley explained the Village's plan to provide facilities appropriate for all age groups in each park. Final agreement was that Buckley, and Parks Committee members, would meet with the residents at the site on Monday, August 3, at 6:00 p.m. The Parks Committee will then make a final decision. Residents were asked to visit Hazelnut Park to see the shelter there since it's identical to the one planned for Arden Oaks Park. The pro-development residents were extremely anxious that the back stop, at least, be installed this year while their children could still utilize it. (This group seemed willing to forego the picnic shelter, if this would aid in reaching total agreement among the neighbors.) 1988 BudRet Discussion Summer PlaYRround Proaram - No increase in this budget is anticipated. A six weeks program was conducted at 4 sites this year; attendance was high and program very successful. Skatina Rinks - The increase in expenditures from 1986 to 1987 was attributable to addition of Cummings Park hockey rink and free skating area. No increase in expenditures is anticipated in 1988. Expenses in 1987 will be below budgeted amount due to the warm winter. . - "- Minutes of Regular Parks and Recreation Comm!tt~e Meeting . Page 3 Park Maintenance - An approximate $6,000 increase in this budget is in the capital outlay area, for replacing a 1 ton truck and the tanker truck. These items were included in the five year capital outlay plan prepared earlier. Funds are also requested for an additional seasonal employee; the addition of North Snelling Park and an increased emphasis on trail maintenance necessitate this increase in manpower. Shade Tree Disease Control - this budget remains about the same; provides for one inspection yearly for diseased elm and oak. Self Sustainin~ Recreation - This budget increases to include provision for a 1/2 time program supervisor. Buckiey feels strongly that in order to continue to maintain the programs we presently have, and hopefully increase program to levels of other communities of like size, it is essential that personnel be added. The Committee concurred with his request; felt Arden Hills' citizens are paying a tax rate close to that of surrounding communities without offe,ing the amenities offered by them. Buckley was asked to provide supporting data for this request, i.e. level of programming in neighboring similar-sized communities, number of personnel, and ideas for additional programs, especially for adults and elderly. Committee also requested that he review all fees charged to see if they are in the ball park with those charged in surrounding communities. (Our surveys in . prior years indicated A.H. rates as high or higher than others.) Park Fund - The bulk of the $105,450 in expenditures in this area goes to . . development of North Snelling Park, and upgrading of trails. Resident sentiment is strongly in favor of upgraded trails. Residents of newly developed areas are no longer content to have their parks developed in three to four year increments as has been done in the past, so most of the North Snelling development is planned for next year. Last year the Park Fund received $36,000 in donations from pull tab operations. This amount is not included in the budget as a revenue item since it is not a "certainty". Rautio suggested it be used to pay the "park salaries" portion of the Park Fund budget, since dedi~ated funds can not be removed from the fund and donations (such as the pull tab money) conceivably could. Miscellaneous/New Business The Fall Festival will be held September 12, 1987. Yard Beautification Contest - Messerly and committee will be touring the Village shortly to make recommendations. Mulcahy asked clarification on basis for awards...Committee consensus was to define the criteria as "any unusual or beautiful front yard treatment". Council Report Mayor Woodburn reported on Council items of interest to this committee, . including purchase of land on Hamline and Highway 96. Adjournment Motion was made by Enrooth, seconded by Otto, that the meeting adjourn at 10:05 p.m. Motion carried unanimously. 7~ /9 . MEMORANDUM -------------------------------------------------------------------------- Date: August 6, 1987 To: Arden Hills Council From: John T. Buckley, Parks Director Subject: Park Improvement at Arden Oaks Park -------------------------------------------------------------------------- A ball backstop and picnic shelter was scheduled to be placed in Arden Oaks Park this summer. While our crew was preparing the park site for the installation of the backstop and shelter, neighbors voiced a concern for these improvements. Petitions were circulated for and against these improvements, and were presented to the Parks Committee at its July 28 meeting. After considerable discussion, a meeting was arranged at the park. Members of the Parks Committee, Councilman Sather and I met with the neighbors at Arden Oaks Park site on August 3, 1987. A consensus was not reached; however, a large majority of residents agreed to: 1- Placement of the backstop in the northwest corner of the park. . 2. Placement of the hard court area in the southeast area of the park. 3. Delay the installation of the picnic shelter for a year or two. We will install the backstop and hard court area in the park this summer. . 7&. 6' . MEMORANDUM --------------------------------------------------------------------------- Date, August 6, 1987 To, Arden Hills Council From, John T. Buckley, Parks Director Subject' Summer Maintenance and Program Personnel ---------------------------------~----------------------------------------- Maintenance Crew Seasonal employees are budgeted in the Parks Department through September to assist in Park maintenance and installation of Park equipment. There have been some changes in personnel this summer with the termination of one employee and others leaving for college football in mid-August. - Kevin Quigley was a replacement for Mike Stone. Kevin was hired for $4.75 per hour. He worked from July 6 through August 7. - Tim Masso will also be leaving for college football after August 7. 1''-j:7'51(j!'" . - Jeff Schlieff will be leaving to coach high school football on~ 0J '~ August 7.'t'O,5o &~&.7 -'(; I om c......."., 'ho' ,...," ,.,"" .. "ic.' ,"coo," '.p,..b.c ., '5.00 ~ per hour to help fill the void of the departure of these summer employees. , - . Additional ProRram Personnel ~~ Swimming Instructors - Joy Kirby and Kerry Crosby, at $7.50 per hour. Golf Instructors - Dennis Hauber and Dan Lewis, at $12.00 per student. . ---------- ., J ..-- wehrman bergly . l]QQD~es August 7, 1987 n, plaza bldg., ste, 220 52'17 wayzata btvd. Mr. Barry Peters minneapolis, mn 55416 612 544 7575 Short Elliott Hendrickson 222 East Little Canada Road St. Paul, Minnesota 55117 Re: John Carroll Property Tiller Lane and Dellwood Arden Hi 11 s, MN Barry; I met yesterday with John Carroll who is proposing to excavate and fill in an existing pond to create a building site. He has retained Kirk Roessler of Suburban Engineering (571-6066) to prepare a grading plan and pursue Rice Creek Watershed District approval. I informed Mr. Carroll that his engineer should also work closely with you to ensure that the City's concerns regarding drainage in this area are addressed. I am enclosing a copy of the preliminary grading plan . prepared by Suburban Engineering. Please research the drainage needs of this area in anticipation of a request for filling. You may also want to contact Mr. Roessler. Please give me a call so I can fill you in on the details. Sincerely, WEHRMAN BERGLY ASSOCIATES, INC. .~~~ Orlyn W. Miller, Associate .~~~~ OWM/clm \'10 ~ \.f}~ ;VJ ,. ~ ~Y' \..~ ~ . planning . landscape aniJitecture ,- - MEMORANDUM . WEHRMAN BERGLY ASSOCIATES, INC. North Plaza Building, Suite 220 5217 Wayzata Boulevard St. Louis Park, Minnesota 55416 612/544-7576 PROJECT: John Carroll lot and DAT~: August 7, 1987 Tiller Lane and Dellwood CLI ENT: City of Arden Hills COMt1ISSION NO.: SUBJECT: Meeting with Carroll on MEMO BY: Orlyn W. Miller August 6, 1987 PRESENT: John Carroll, Orlyn Miller 1. Reviewed site and preliminary grading plan for proposed excavation and fi 11 i ng. 2. Carroll stated Suburban Engineering is pursuing RCWD approval. Intention is to balance excavation and filling so water storage area will remain unchanged. 3. No setback variances are required. A Special Use Permit for . excavation and filling will be required. 4. Proposed grading will el iminate numerous cottonwood trees along pond edge. May be cause of neighborhood opposition. 5. I told Carroll the primary City concern will relate to water storage capacity and drainage flow. Directed that his engineer coordinate directly with City Engineer (Barry Peters/484-0272) in preparing grading plans. 6. I informed Carroll that he will have to make submission for a Special Use Permit, including the following information: (a) Ownership report (list of owners within 350 feet of property). (b) A legal description, plat, or survey of property to be altered. (c) A statement of purpose for the filling or excavation. (d) A plan identifying the areas of the site to be altered, the estimated quantity of material to be moved, the degree of grade adjustment, the proposed finished grade, the existing and proposed drainage pattern, and proposed erosion control measu res. A complete grading plan will be required. (e) A list of local streets to be used to transport the materials. (f) Drainage and storm water storage calculations. cc: Barry Peters /' . Cathy Iago DCleln f? - - ---- . TO: Patrlcle J. Morrison, Clerk Administretor FROM: Catherine J . lago, Zoning Admin Istrator DATE: June 25, 1987 SUBJECT: Letter from resident, 1234 Ti'lle r Lane, Forrest Bear I have reviewed the letter from Mr. Bear and I Inspected the land on Tiller Lane this date. There 1 s no construction on the property In question at this time. It does not appear that any filling or cutting of trees has been done ( Lot 113) on th I.s property. The home constructed et 3350 De"wood Avenue last year Is not located on e co rne r lot, end therefore, the 40 ft. side ye rd setback would not epp I y, The owner of that property wes granted e Variance from Front and Side Setback requl rements, as we II as, approve I from Rice Creek Watershed to modify the flowage easement. (See ettached PermltlS4-45 from RCW and Cese 184-4 Variance) To date there have been no building permit app Ilcations for the vacant parcel of land adjacent to 3350 De II wood; I have been . unable to contact RIce Creek Watershed to determine if the re have been eny epplications for this parce I, I w 11 , report beck to you after I heve contacted RCW. -------------------------------~---------------------------------- DATE: August 7 , 1986 Recently I was contacted by Kirk Roessler of Suburban Engineering; he stated he was working on behalf of the owner of Lot (13 on Dellwood and Ti Iler Lane (Mr. John Carroll). Roessler requested information on setback requi rements and excavation' and fl II permits. After giving him information on Arden Hi' Is requirements, I referred him to Rice Creek Watershed and explained they would have to approve a permit for f ii' or excavation on that Lot. As of this date I have not heard from Roessler nor Mr. Carroll relative to Lot # 13. . ~ - U "'v ~O'@~ ~ 7t!(, - MAYOR ROBERT WOODBURN ------.l I ~ 7/<3. Y ARDEN HILLS CITY HALL . 1450 W HIGHWAY 96 ARDEN HILLS, MN 55112 DEAR MAYOR WOODBURN: During the Hid 70's I was on the Arden Hill Parks and Recreation CCllMli ttee. At that time our goal was recreation areas, holding ponds for rain fall, ponds for water fowl, nature trails and trees with other plant I ife for an Arden Hills where we could still see MOTHER NATURE. There was the Rice Creek water shed and our goal was to keep all of the wet lands and wild life sanctuaries. It was my opinion that our waterways were not to have the shore 1 ines changed. When we I ived at 1305 Tiller Lane the city had a land owner remove concrete that he had dumped in the swamp near the lift station. That indicated a responsibil ity to our environment and forceful city hall ac t i on . What has happened since that time?? In the swamp opposi te 1305 Ti ller Lane two houses have been constructed and the neighbors were told that the contractor could not haul in extra fill, only use what was there. This rule was not followed--ask the neighbors. From 1234 Tiller where I presently I ive, I watched a house being constructed on Dellwood last year. Not only was extra fill hauled in . but the house porch is 20 foot or less from the street, I haven't stepped it off. I have been told that a house is to be set back from the street 40 foot and on a corner lot that is 40 foot from both streets. This year at the west end of Tiller Lane there is another new house. If that house is 40 foot from Tiller Lane then the house east of it must be 60 foot from the street. Extra fill was hauled in to that lot too. That street has had water running over it 4 - 6 inches deep on a number of occasions since 1965. Making the assumption that landowners and real estate sales people will sell anything, wet or dry, rock or bogs, and if people are not competent in what and where to buy it should be the responsibil ity of the City Planning, Zoning etc. Committee to protect the future happy home owners. Now to 19B7 and across from my house at 1234 Tiller. There is a lot, 113 I believe, that is not a lot but our neighborhood holding pond, outlet for our storm sewer, refuge for ducks, geese and other birds plus trees and plant life. It is my understanding that the trees will be cut, the pond will be filled in and another future homeowner with be building on a poor lot. I am told that dirt will be moved from one location to another and the pond area wi 11 stay the same without extra fill. No way, go look at . this parcel of land, measure and calculate to determine the cubic foot of fill and tell me how the existing land can fill that corner of the pond can be filled and an equal area will be provided elsewhere. The Page 1 - - --------- ~ope.r"...t,jon 'wi 11 start and then the trucks haul ing in the fill wi II appear and the local residents will know but what about City Hall? If all the rules have changed I would like to have a COPy of the new regulations. If they have not changed then I'would appreciate some . active enforcement by the proper authorities. If protection of the environment is no longer a via.ble goal then maybe our goa.l ca.n be protection for the purchaser of la.nd for home construction. Sincerely, ~ 1;2 ',$U---</~ eM' Forr s t Bear 1......." 1234 Till e r La.n e . . Page 2 ---------- // <5- MEMORANDUM . --------------------------------------------------------------------------------- To: Patricia Morrison, Clerk Administrator From: Catherine Iago, Deputy Clerk Re: Purchase of IBM Wheelwriter 6 Typewriter Date: August 5, 1987 ----------------------------------------------------------------------------------- As you k,now, the typewriter I am currently using is an IBM Selectric I, which was purchased in 1969 and has no correction or storage capabilities. We have two IBM typewriter currently in use by staff members: - IBM Wheelwriter 5, which has storage and correction features. - IBM Quietwriter 7, which has storage and correction features and is also used as a printer for the IBM computer. When I contacted a vendor to set up a trial use of an IBM typewriter, he informed my that the Wheelwriter 6 will replace the Wheelwriter 5 model. I was also informed that the Wheelwriter 6 has greater storage capacity than the model 5, it can be used as a printer for the IBM computer with some modification and it sells for approximately the same price as the . model 5. : Funds were budgeted in 1987 for the purchase of a third computer station, however, I would recommend the purchase of a typewriter, rather than an additional computer, at this time, for the following reasons: - Limited office space for a computer station. - Justification of expenditure; since utility program is not operational cat this time, computer time is more easily scheduled. - Typewriter purchase could be considered a start toward purchase of the computer station; since the Wheelwriter 6 can be modified for use as a printer. - Supply compatibility. I have contacted two vendors for price quotes: Smith Office Products IBM Wheelwriter 6 $845.00 With Trade-in 795.00 (optional) 1 year Maintenance 85.00 MIl Office Systems IBM Wheelwriter 6 $836.00 With Trade-in 786.00 1 year Maintenance 90.00 (approx.) I recommend the purchase of the IBM Wheelwriter 6 from MIl Office Systems; they have provided excellent support services for the staff. . VILLAGE 01' AllDFli mw 1~50 West Highway 96 . Arden Hills, Minnesota 55112 633-5676 LICENSE/PERMIT APPLIu,nON Finn Name /:11 /N!J t./J t< PKr #1. I? .8VT Address ,"7 [7 ~ I It(' .h7.r /0.' O)~~e, {:<C~~~~ ~~--' d jc ~ /J KPbJ Ilu I'. fiN \-=s-II L.. Telephone e:, 2 (; - ;j /9,.7 Business I.D. No. Social Security No, (L 73 7~6J7f I hereby apply for the follc>wing penait(s) or licenae(s) ~or the year 1987 in t:he Village of Arden Hills. County of llUIsey. State of Minnesota: No. Activity 1986 Fee 110. Activity 1987 Fee {JI,~ 7,-/1.-<-'1/ ( h~e--<----~-,'-----'~-?- f, -~.~- / 7':.~...0 - - . - - - - . - - - - - - - - - The undersigned, applicant _Ites this application pursuant to an the provisions .nd conditions of tbe Arden Bills Code of Ord1rwlees and lavs of the -..mieipal. atate and fedual aovernment pertainin& to neb activity, YOR OFfICE US! ONLY: '_',.~m_/~ Date ]leeeived: J7/~/?7 s{[ -,..:; ,,- \ \~ . 'Iotal Fees Paid . . . i llece1pt No.: Ilate ---. .-..-.,- . - .------_._~ -. _..____~_ _____. _.~_ __ _ _ __~.__~._"__._ .._"" ,._..' _. u_. -- ~-- --------- - ~ CD \\~'?~.."...~ '1(~'1 1 q,1) :.<\ ~ ,:'''1 , @ ....,~~..,~ q,/Io Ii I ';l.tl 7. '\ Q, . / C I T Y o f A ROE N H III S PIE 8/10/81 ACCOUNTS PAYA8lE PAGE 1 &eNOOR NAME C"ECK CHECK CHECK NO. TYPE CATE NO.. AMOUNT 00191 VONOA 8JORKlUNO H 1/21/81 01708 151.25 00616 INTERNAL REVENUE SERVICE M 1121/81 01109 12.91 00617 INTERNAL REVENUE SERVICE 14 1127187 07710 1,095.05 00712 LEAGUE Of MN INSURANCE M 7/27/87 07711 2,1369.08 00810 MIDWEST ASPHALT CORP '" 1121/81 01712 757.76 00932 MINNESOTA MUTUAL LIFE M 7127/81 07113 317.17 01220 PE T TV CASH 14 1I27/e1 07714 129.. 74 01595 STATE TREASURER M 1/27/87 07715 ],417.61 01600 PERA M 1127/87 07116 760.37 00708 LAWSON PRODUCTS INC M 1/27/81 07117 258.66 06039 JIM ~ONOLO CCNSTRUCTION M 1/271 al 07718 10.00 01329 RAM SEY CCUNTY It 7/21187 01119 29,119.00 01400 CITY Of ROSEVIlLE M 1121181 07120 140,527.45 01114 NORTHERN GASES INC " 7127/87 07121 50.84 01700 TRIARCO ARTS & SUPPLIES " 1/21/87 07122 148.45 00340 DAVIES WATER EQUIPMENT CO It 1127/81 01723 201.25 01340 RAY-KO OFfICE PRODUCTS M 7/21/81 01124 21.50 00820 "'ETRO SALES INC M 7/21181 01725 68.23 00990 /<lINN U.C. FUND It 1/27/81 07726 111.91 i 01460 SUE IRWIN SCHROEDER " 1/21181 01727 132.60 01120 ORTHERN STATES POWER II ~121161 _ 07128 165.84 --- ITY Of SH EW It 1/28 9 2,928.48 06046 lYNNE BROOTMANN " 1/28/87 01730 181.50 06045 KERRY CROS BY M 1/28/81 07131 'n.75 06044 JOY KIRBY " 7128181 01732 '13.15 06043 GRADY OllHOff M 1128/81 01733 120.00 ;Z 06042 RICHIE PATRAW If 1128/87 011n 120.00 06041 fERR I PA TRAW " 1128/81 0/135 120.00 06040 LYNN PAT RAW If 7128/81 01736 120.00 01074 THOMAS NOLAND If 1128/81 01731 132.00 06041 OENNIS HAUBER M 1128/81 07138 26.00 06048 DAN lEWIS " 1/28/87 07139 26.CO 06049 CAROL SEllARS M 1/28/81 07140 2'38.00 I MANUAL.CHECKS ---- TYPE TOTAL 184,598.81 , CHECK VOIDED -------------------------------- 07741 00010 RICHARD N ALQUIST II al10/81 01742 614.00 00016 AMERICAN LINEN SUPPLY CO R 8110/81 01743 130.80 00191 VONDA BJORKLUND II 8/10/87 01144 121.80 00215 BRIGHTON AUTO ELECTRIC R 8110/87 01H5 32.44 00249 BUILDERS SQUARE II 8/10/B7 07146 318.62 00310 COAST TO COAST II 8110/81 07741 113.49 00336 CHRISTINE M DOOCY II 8/10/81 C1148 128.33 00337 SHELLY DCUGlAS II 8/10/81 01749 21.00 .00431 FM FRATTALONE, INC R a/lO/al 01750 82.374.01 00432 CHERYL FREGEAU II 8/10/31 01751 226.28 00450 GALLAGHEIIS SERVIC~ INC II 8/10/81 01752 139.CO 00488 GOODYEAR R 8110/81 01153 602.18 ., - , C I T Y o f A R DEN H III S PIE 8110/81 ACCOUNTS PAY A B L E PAGE 2 .ENDOR NAME CHECK CHECK CHECK NO. TYPE DATE tW. AMOUN T 00550 GREENHAVEN PRINTING R 8/10/87 01754 250.It 6 00585 AMY HANS EN R 8110/81 01155 121.80 00630 J C AUTO SUPPLY R 81l0/87 07156 12.80 00750 LILLIE-SUB NEWSPAP-ERS INC R 8110/81 iJ7757 21.20 00793 HEATHER A MCCLUNG R 8/10/81 01758 28.00 , . 00816 MEDICINE LAKE liNES R 8/10/87 01759 115.20 00820 METRO SALES INC It 8/10/87 01160 119.16 00830 METRO INSP SERVICE INC R 8110/81 01761 570.80 00921 MINNESOTA MAYORS ASSOC R 8/10/87 01762 10.00 01120 NORTHERN STATES POWER R 8/10/87 07763 1.562.24 01121 NORTHERN STATES POWER It 8110/87 07764 1,135."6 01123 NORTHERN STATES POWER R 8/10/81 01765 777.74 01280 pas TMASTER R 8/10/81 07766 200.00 01316 PROfESSIONAL PROCESS INC R 8110/87 01767 523.92 01340 RAY-KO OFfiCE PRODUCTS R 8/10/87 01768 1.141.30 01375 RENT ALL MINNESOTA R 8/10/81 07769 44.52 01436 SANITATION STATIONS R 8/1C/81 01710 208.00 01448 ST PAUL STEEL SUPPLY INC R 8110/81 07171 90.0C 01410 SCHLTTAS HARDWARE R 8110/87 07712 121.81 01630 STEICHENS SPORTING GCODS R 8/10/81 07113 40.39 . 01659 TEAM LABORATORY CHEM CORP R 8/10/87 01114 538.80 , 01665 ANDREA H THORSON R 8/10/87 01775 123.98 01107 TWIN CITY HARDWARE CO II 8/10/81 07116 11.22 01710 TWIN CITY TESTING CORP R 8/10/81 07717 257.00 01830 \lA TER PRODl.C IS R 8/10/87 07718 27.48 ( 01862 \;YATT 8ROS INC R 8/10/87 07779 314.50 06016 ALAN ElFERT R 8/10/87 017BO 181.25 REGULAR CHECKS ----TyPE TOTAL 93.378.08 AUGUST AlP _____________TOTAL 217.976.95 -------_.~- -- ! I ! . i ~" . MANUAL CHECKS - Dated 08/10/87 7781 --. INTERNAL REVENUE SERVICE ---------------------~-- 19.74 Medicare - Second August Payroll 7782 --- INTERNAL REVENUE SERVICE ------------------------ '1,068.40 FICA - Second August Payroll 7783 --- PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION -------- 744.55 Second August Payroll 7784 --- NORTHWESTERN BELL ------------------------------- 314.32 Invoices Dated 07/28 7785 --- RAY-KO OFFICE PRODUCTS -------------------------- 88.82 Various Office Supplies 7786 --- MIDWEST ASPHALT CORPORATION --------------------- 17.45 5.5% Mix - W/Credit and Discounts 7787 --- NORTHERN STATES POWER --------------------------- 497.22 Invoices Dated 07/30 and 08/04 7788 --- DAVIES WATER EQUIPMENT COMPANY ------------------ 119.09 Extensions for Gate Valves 7789 --- WEHRMAN BERGLY ASSOCIATES, INC. ----------------- 1,435.56 Professional Services 06/26 - 07/25 --- ------- /^,. 4,305.15 ( -.'--- ---- --- . . -----...--- ---- CITY OF ARDEN HILLS ,~~ CHECK REGISTER AS OF 08/02/87 2nd AUGUST PAYROLL . CK. # REG. O. T. CK. DATE EMPLOYEE NAME GROSS NET HRS. HRS. 1 08/18/87 DONALD LAMB 115.00 .00 "lMO . 13548 VOID 13549 VOID 13550 VOID 13551 08/18/87 ROBERT WOODBURN 241. 6 7 191.67 1 MO. 13552 08/18/87 NANCY HANSEN 191.67 151.67 1 MO. 13553 08/18/87 GARY PECK 191.67 191.67 1 MO. 13554 08/18/87 THOMAS SATHER 191.67 191.67 1 MO. 13555 08/18/87 JEANNE ~IINIECKI 191.67 188.89 1 MO. 13556 08/18/87 JANE LUND 711.41 504.33 80 .50 13557 08/18/87 SHIRLEY MARSHALL 539.40 275.67 77.50 13558 08/18/87 DARLENE SCOTT 552.80 357.71 80 13559 08/18/87 CATHERINE IAGO 1009.60 669.70 80 13560 08/18/87 PATRICIA MORRISON 1346.40 579.57 80 13561 08/18/87 MICHAEL MCKINNEY 1090.40 739.13 80 13562 08/18/87 R.WAYNE BRUNETTE 1042.40 579.10 80 13563 08/18/87 FRED REED 1042.40 735.43 80 13564 08/18/87 MICHAEL SCHIFSKY 1042.40 743.41 80 13565 08/18/87 DANIEL WINKEL 1043.90 647.62 80 (Sup. 5 Hrs.) 13566 08/18/87 ROBERT RADDATZ 1335.20 897.81 80 13567 08/18/87 JOSEPH MOONEY 1090.89 801. 27 80 4.00 (Standby - 7 Hrs.) 13568 08/18/87 MAUREEN WINKEL 52.00 45.36 8 . 13569 08/18/87 JOHN BUCKLEY 1221.60 881.07 80 13570 08/18/87 FREDERICK BELL 927.20 630.57 80 13571 08/18/87 DAVID WINKEL 927.20 506.53 80 13572 08/18/87 KEVIN FULLER 840.00 560.83 80 13573 08/18/87 JEFFREY SCHLIEFF 400.40 335.95 71. 50 13574 08/18/87 TIMOTHY MASSO 380.00 374.49 80 13575 08/18/87 KEVIN QUIGLEY 337.25 332.36 71 13576 08/18/87 RICHARD CIEMINSKI 221.81 178.39 41 18278.01 12291.87 WITHHELD FROM AUGUST PAYROLL 13577 INTERNAL REVENUE SERVICE (FITJ ---------- 2079.95 13578 INTERNAL REVENUE SERVICE (FICA) --------- 1068.40 13579 COMMISSIONER OF REVENUE ----------------- 1889.27 13580 VILLAGE OF ARDEN HILLS -----------~------ 429.64 13581 PUBLIC EMPLOYEES' RETIREMENT ASSOC. ----- 681.12 13582 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #49 ------------------ 124.77 13583 UNITED WAY OF THE ST.' PAUL AREA --------- 14.00 13584 STATE CAPITOL CREDIT UNION -------------- 200.00 13585 INTERNAL REVENUE SERVICE (Medicare) ----- 19.74 13586 PUBLIC EMPLOYEES' RETIREMENT ASSOC. (Ins.) 27.00 13587 ICMA RETIREMENT ASSOCIATION ------------- 685.00 7218.89 ---- -'-~-::- --- f' .-------~ -~-__ -~..... TOTAL A~lOUNT OF CHECKS 13548 THROUGH 1358Ns $19,510.76:-~ '" --------- - - ~/' --..--....-....------- - -~-- - - - - - - -- - - - -- -------- ---~-- - - -- ~~" . ~ c ~h~ \l,cJ~~ ~'-'(~.~ -Mt; , 0'\\. ',' v~. ~Vso~c 0 i. A, ~ n-i'-I /~1~") (J{\-d~J : { ?, 76b . 0 0 ~ ~ iJft--; , f'm'\, 3 t iJ"~ ({') ~ i '8"_% i ;ST ~ .:... ,;;:ct:'. '8'7 . / \~. cvJ~', ~7-1{~ IOO%~ /IA~ '. S/~I ~.~~~" IO~. . \fO--\A.J '. <6 70 0... LJ~" <l7-Lf6 I 6070 ~ H~" CC/3! D-t: "3'% Ly-ClJA--: I () ~ D. }J~~, C {J lflAJ. 1: "t- u:) .,/ -rr~f-h~,.$c;5.0()ft~ ,. 'to -I <5 WJI\.QA ~1}? - ) .,.\ I. /~.~_-. '5q00~~ U 9-1~OO .~~ . ~,QlvU" ~oo-'fOO ' i~~~ ~Q. ').\~~~,t;~ ~~W~.\'I~~ '~~~~ ~~~~ ~{~Tk . ~~~~~" . 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'i: !.'+w~ &..\ill, ( ff\ <cir-. fJ.uw.t- \ ,Vf:. . \ G~'cL :9-.Qk <+ ~ . , '?-1? ~1~ C' )!~~~ \t5 c~&.., ~~ ,.".~~' ~~ -~ · 1~ )JL'~~~~~) ,~" ~LLfIJY'.- cp,~.~ \ lli~~~Stib~~:~@~ {(-a-tV) ~ u.n::u. f]\UY\. C{ ~cC......i-~.kit . tJ m ~ Jh~ ~ CYOl.-v i:.'~ ~~r:fVJv-.- ~ ~trc-o-w" B.Wo-r&: t (j d-~ ~ ~~ ~ ~ -IJ5- ~ ~ '2>-~ (?~ ~ h~~) & mdvut~~~, "~ fu~~ i.OfEdo&'7 0, fI1:.~ &~ ct Qoili.un.. " ( ~( ~ /., i ~~~~~, . <b~~ ~ ~U~~~O/ . ~ A\~ oft".a...M-"{, Lt.S- ~~~ (~~.) O,M,; ~~cm:m-& ,~ m~1U P-k..dVI ~ f7-';}-c:' ~(ft en.. ~ ~~- ~,C. ~ -t=:-{t~~ (~~ ~. 'f-''? $0->$ tD-,,-CJi.~ "'" fLffi',- 8L.{'1. 0 qjl '( . q'l(l.~ ~ ~\~ 'Y'SL ~ ~~ ~ ~ ~la~~,rw..-~~<l0Jc.-tr-~, 0, L~~~.~~ ~~U'l'- 0l(~~~ ~ . _ J "" 8 (llrzr&. : ~Mi(SJ ()J(~t~ 0\& , , J? ~ I\~~ , " , \, ~\... l~ .,' ,.,. !9-r- r.A ~I J()~ '. At " ~ ' ~\';!!9IJ vol Uj~~~( ~ftJrJ (/0 ".sq.:,\ ~~.; '8, ' . , '. . ,j ",C" l (J,,'f:" /L~(u"i --'"J hi, if, -:j(' yr ""! '" '.' . - --- .1- /), ~k~~'. - 9~p. ~~_ ),~ ~~ .p~~ c.~ 7" ~ \}J-Q... 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'2> c.J;u..'Q, . <!u..o.", (~~ e~ A1vff~ ) ~L~U+ I ,# IJJw.- ~~.: Jlv ~ L~~~~~ ~ ~ b~3D'ft. ~~~ \})Il-~~ ~ kLo6k ~G-02J. ~ 't-~o U; ~, lS't- ~ &.0 texM ~,Il-lr~~~~~~~ ~l~~-fl -z/ L- ~7 ?% =- ~ ~~ :::0 JU...t~ :: . ~~~--~~Vk ~,ji', 4..[;,c/D (~~) ?-L~tl:t ~ ~~ ~. ~~ (\, II T/U.CM. A~ J-.llJ '. bL~ ">~ "- ,~, : 8. IAJ . ~ G~.L~~'1 cf1- G. tP. .. Kif/....- t ( . \ I MINUTES OF ~md ARDEN HILLS REGULAR COUNCIL MEETING Monday, August 10, 1987, 7:30 p.m. - Village Hall . CALL TO ORDER Pursuant to ~~~all and notice thereof, Mayor Woodburn called t~meting)to order at 7:30 p.m. , . ROLL CALL The roll oe1ng--called the following members were present: Mayor Robert Woodburn, Councilmembers Nancy Hansen, Gary Peck and Jeanne Winiecki. Absent: Councilman Thomas Sather. Also Present: Planner Orlyn Miller, Engineer Barry Peters, Parks Director John Buckley, Public Works Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. APPROVE MINUTES Moved by Hansen, seconded by Peck, that Council approve the minutes of the Regular Council meeting of July 27, 1987, as submitted. Motion carried unanimously. (4-0) BUSINESS FROM FLOOR None. RES. #87-44: ASSMT. ~rt'-,~- :~ Council was/referred to the resolution calling for a \,// HEARING, GLENHILL RD hearing on/proposed assessment of the improvement on Glenhill Road. EngineerB~rry Peters requested direction from Councilmembers for preparation crt- ~:;.~~~u.~u~ <!tl prior to public hearing on August 31st; percentage of C-J...M/}'P' interest to be charged, number of years assessmentl maele -payable, . ami' what percentage of costs would be assessed to property owners:mr>.et:~J:s stated that '1 '.1';' Arden Hill's share of the cost of the improvement is $30, 00.00:' if'50% is " ' vA,)!' \ ,'\ assessed to property owners the amount to be assessed would be $15,706.'00':'</ U;(" .;i H'7 n.o:te,d,1 t~et.llelir-ing',daLe',l!Pmrld \be'set for Augu$.t"3!lst. at, 7}~Op.m."at the ..' (.,' Village 'aall. - \1", " v J ....\ '''' ..:" ....-1,._\tA'. ,_tf~-~' .4-~- After discussion, counci~"~o~curred that 8% interest ~ the -=enl: rate -btting ,/;';)); charged for assessments; it is common to spread the assessment payments over a ten year span and 50% of theLassessment would be Chal&cd to~op~rty owners. C.ttVyt "', ",..,' '. .<0:..-... '.,......... 'r _".:,.' Council also determined the assessment should be prepared on a "per lot" basis, over the 5 lots benefitted, for this improvement. Moved by Hansen, seconded by Peck, that Council approve Resolution No. 87-44, CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT NO. P-ST-87-1 (GLENHILL) to be held on August 31st at 7130 p.m., at the Village Hall, and, furthermore, that the amount assessed against each parcel of land will be payable over a ten year period in equal consecutive installments, the first installment to be levied in 1987, with interest at a rate of 8% per year. Motion carried unanimously: (4-0) RES. #87-45: ASSMT. Council was referred to the resolution calling for a HEARING, EDGEWATER hearing on the proposed assessment of the improvement of Edgewater. Engineer Barry Peters explained the total cost of the improvement of Edgewater would be $284,182.00 and would be 100% assessed; hearing date to be set for August 31st at 7:30 p.m. at the Village Hall. 1'1.'1" "',, . tJ-. -, ~. ~ j'-, -.' ,- Moved by Hansen, seconded by Peck, that Council approve Resolution No. '87-45, CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT ? NO. SS-W-P-ST-85-2 (EDGEWATER), to be held on August 31st at 7:30 p.m., at the Village Hall, and furthermore, that the amount of $284,182.00 will be 100% , ~\ .vf assessed/and will be payable over a ,~year period in equal consecutive installments, the first installment(to be levied in 1987, with interest at a " '\ (; rate of 8% per year. Motion carried)unanimously.(4-0) i '~, ~ RES. #87-46: ASSMT. CounCil was referred to the resolution calling for a HEARING, NORTHWOODS hearing on the proposed assessment of the improvement of Northwoods. I Engineer Barry Peters explained the total cost of the improvement of Northwoods I would be $339,183.00 and would be 100% assessed; hearing date to be set for ",', August 31st at 7:30 p.m. at the Village Hall. . Moved by Hansen, seconded by Peck, that Council approve Resolution No. 87-46, CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT NO. SS-W-P-ST-86-1 (NORTHWOODS), to be held on August 31st at 7:30 p.m., at the Village Hall, and furthermore, that the amount of $339,183.00 will be 100% asses~ed)and will be payable over a ~year period in equal consecutive installemtns, the first installment,to be levied in 1987, with interest at a rate of 8% per year. Motion carried(~nanimOUS1Y, (4-0) 'i i ,,/) !j')/r" Minutes of the Regular Council Meeting, ,August 10, 1987 Page &- RES. 1187 -47; ASSMT. Council was referred to resolution calling for a . HEARING, HAMLINE AVE hearing on the proposed assessment of the improvement of Hamline Avenue, Phase I and Phase II. ,-' y-~ ",:"I,(I/,~j,-<:./-~./, / Engineer Barry Peters updated the coun~nVthe combination of the two phased project on Hamline Avenue; Phase I was 0 fill sllrclt'"'8e=and sWamllareasall,!L. 4-<t). Phase II was the street and storm sewer construction.\lnle'totalproJect cost was $1,130,859.00, of that cost the City may use MSA funds in the amount of ct_ qJ,':J~'i. .' I c.,{;,u' $774,200, which is the balance remaining of 1985 MSA allottments and 1986, ...~... -'1')0, ! 1987, and 1988 allottments. There is approximately 5,400 linear feet (frontage) " '~.~,J ,. ,""" of assessable property; typical rate of street assessments which include storm '\ I sewers is approximately $45.00 per foot. Peters noted that Hamline Avenue was , constructed wider than a typical street. He calculated the cost at $45.00 per foot, for 5,400 linear feet, ,amount to ,be assessed weald ~e $243,000.00; tnat "-. A 0', leav. a balance of $113,659.0Q. "1V>1 (lv, , d.'. - L..I\..o L (-;-1;,-'/\ .9 ~.\"'11 ( \ .. "-, .. p.' l ,,- ~ "I -, i-' ~ ;J ,,' , .,-' ,.,"<'.A.."_,,, ,,i;;.' .....0... .." Council asked Peters to describe the footage proposed to be assessed along Hamline Avenue. '.!z, '--\y,p" ~~,.\:.., "--<- , Peters explained that corner 10ts'onrHamline have paid assessments on the side streets; typically on assessments Arden Hills has assessed approximatel~ 15 ft., around the corner of these lots. He stated that inside lots rareassessed'-for" 1 !{;t..;, full frontage, unless they are considered an unbuildable lot; he noted there ,r'\. are some marginal properties along Hamline that are considered swamp that were~'nJ4~, not included. Of the 5,400 feet there is approximately 2,200 ft. that fronts along the Townhouse property on the West side of the road. . Council questioned the ownership of the Townhouse property. Peters advised that property is owned in cornmon interest as open space; 56 townhouses have cornmon interest in that area. Councilmember Hansen questioned how much frontage Cardiac Pacemakers had along Hamline. Peters advised they have approximately 300 to 400 feet of frontage along Hamline. Councilmember Winiecki questioned how many residences would be included in the proposed assessment. "":,._t>:~, {i Peters advised (there was 21 properties that could be assessed for full frontage and 16 properties for corner lot assessments; these numbers are excluding the townhouse properties. , t. \.I ~).;''''-tc di.t. 9;":'1}! /" .....- .. -"'-.," .' ,.,,' Council discussed options "to call for hearing and assess property owners or to , not have a hearing a~nance the improvement by alternate methods; PIR funds c/ could be used or bon t...-be'-pa,i~ general taxes. Council stated that Hamline Avenue has never been assessed for road improvements; they noted this is an unusual case with the townhouses having already paid for roadway in front of their homes and would in essence be paying for two roads; $45.00 is usually an assessment for a residential street, however, Hamline is not a residential street in width. . Councilmember Peck questioned if the PIR fund could support this improvement. Mayor Woodburn advised that funds are available in the PIR fund; the Clerk Administrator agreed, however, she noted the fund would be considerably I: . .,;)../, ",', depleated. Mayor Woodburn stated the monies would be returned as assessments (j,' i .' ',\..'~j''J.M...are paid over the next few years. He noted that typically the Village has used . the PIR funds when available; when other streets are in need of repair, such as Snelling Avenue North (which d~ not receive MSA funds),the Village would be unable to fund the project be~ause the PIR funds would be unavailable. <- Council concurred that this'is an unusual situation, with the townhouses on one side of Hamline Avenue and due to the fact it is more a major arterial road, rather than a residential street, they preferred not tO,assess the property , " owners for this improvement. V1 UfCL:;;. /}L,!!~; i-)~ (l,(t ::t,',,,I,;,',;J. (i '7I'UA\.I.'I>U I' , , ., " ~-t~:!: U> ~._~._ t . \ ~-,\" It\.,-J.:..'s./ """,-f/,C".~_! .-t--,:"u ,:'~' '( .' ~ " Minutes of the Regular Council Meeting, August 10, 1987 Page ~ ':> ' ASSMT. HRING Moved by Peck, seconded by Winiecki, that Council deny . HAMLINE (Cont'd) Resolution No. 87-47, CALLING FOR HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT NO. P-85-3, HAMLINE AVE. (PHASE I AND PHASEII), and, furthermore, that the assessment costs be paid by the City from the PIR funds available. Moved by Hansen, seconded by Peck, that Council amend the motion by deletion of the following verbage: "and, furthermore, that the assessment costs be paid by the City from the PIR funds available". Amendment to motion carried unanimously. (4-0) Original motion as amended carried unanimously. (4-0) PAVEMENT MGMT STUDY Council was advised by Engineer Peters that the Pavement Management Study would be completed in one week and questioned if Council would like to have a workshop session to discuss establishing an assessment policy for street reconstruction. There was discussion relative to referring this matter to the Finance Committee for their review and recommendation for establishing an assessment policy. After discussion, Council concurred that they would prefer to study the assessment policy issue with full Council, after review of the Pavement ,I \ Management Study. '):::(:4J;cl.", l).., (),J" .~, ': U-{);\" Q i <if, ,.U ~ ".,'(, 'I , '1 ()f5o. tJ,,/I."--i-J,i,.\ J.4 0._ U).:";;.t-....~,t;-.tl ~Q...:l,.~ ._.It..o;',___ ~4,",G\.~}C.j. )).,0 REPORT OF PLANNER . CASE #87-25; PKING. Council was referred to Planner's report of 7/13/87 and LOT EXPANSION, MSI Planning Commission minutes (8-5-87) recommending INS., 2 PINE TREE approval of the amended site plan for parking lot expansion with conditions. A representative of MSI Insurance presented a landscape plan which intensified the plantings in the parking lot area, as recommended by Planning Commission in their minutes of 8/5/87. Councilmember Peck referred to the letter from MSI, dated 8-6-87, relative to permission for employees to park on Pine Tree during the contruction period of 3-5 weeks; he questioned if the street width would accommodate emergency vehicles if the employees were parked on both sides of Pine Tree Drive. Council discussed referral of the parking matter to the Ramsey County Sheriff's Office and the Fire Chief so they could determine the impact of the vehicles parking on Pine Tree Drive. Winiecki questioned if the applicant had explored the option of the employees parking along the entrance road to the parking lot area; she also questioned if the ponding area would be disturbed by the construction." " 1''1'" ' 'i~""'1... _,"vj-.;.!"-O .//The applicant advised they would explore the suggestion'f C~uncilmember' / Winiecki, . Planner Hiller stated that the ponding area would not be disturbed; there will be a relatively small amount of additional drainage and the applicant advised a safety factor has been built in and would not require enlargement of the ponds. Moved by Hansen, seconded by Peck, that Council approve Case #87-25, Amended Site Plan Review for Parking Lot Expansion for 152 parking spaces, at Two Pine Tree Drive, MSI Insurance, contingent upon the following: a. Regrading of berms as indicated on grading plan. b. Relocation or replacement of all disturbed plant materials. c. Placement of plant materials at the west corner of the parking lot, as per plan submitted this evening. Moved by Peck, seconded by Hansen, that the motion be .SJ amended to include that the problem of MSI employees parking on the street <luring construction be referred to the Ramsey County Sheriff's Office and the Fire Chief for their review and recommendation. In discussion, Winiecki questioned if the intent of the motion included MSI's parking and private road as well as Pine Tree Drive. Peck stated his intent was for Pine Tree Drive only. - Minut~s~f the Regular Council Meeting. August 10, 1987 Page ~ CASE 1/87-25; (Cont'd) Council questioned if the emergency vehicle access is . normally addressed in the site plan review process; Planner advised that it is common to address that issue during the review process and provide for the private drive to be clear for emergency vehicles. Moved by Peck, seconded by Hansen. that the motion be amended to include as a condition. that the applicant maintain internal fire lanes for emergency vehicle access. Second amendment to the motion carried. (4-0) First amendement to the motion carried. (4-0) Original motion as amended carried. (4-0) CASE #87-27; PKING. Council was referred to Planner's report 7-20-87 and LOT EXPANSION; LAND Planning Commission minutes (8-5-87), recommending O'LAKES. LEXINGTON approval of the site plan review for parking lot expansion at Land O'Lakes. Planner advised that the applicant is proposing to increase the parking supply in the existing lot by 76 spaces; this will be accomplished by eliminating a central driveway and several small "islands" in the parking lot and converting the driveway to parking spaces. He noted the expansion within the existing parking lot will be more functional and will have less visual impact than expansion into other large landscaped areas of the site. Miller recommended that the existing trees be relocated in the parking area. . James Strecker, representative of Land O'Lakes. was present to answer any questions and stated the plan would have little impact on the current parking lot situation. He advised that the existing trees are approximately 2 inches in diameter and would be easily relocated in the parking area. Moved by Winiecki, seconded by Peck, that Council approve Case #87-27, Amended Site Plan for Parking Expansion. Land O'Lakes. 4001 Lexington Avenue. contingent upon applicant relocating existing tress in the parking area. Motion carried unanimously. (4-0) CASE #87-23; REZONING Council was referred to Planner's report dated 7-13-87, R-1 to R-4 AND PUD and Planning Commission minutes of August 5th; relative CONCEPT PLAN, REEVES to the proposed Rezoning from R-l to R-4 and PUD SNELLING AND HWY. 96 Concept Plan for the Reeves property at the southwest quadrant of Snelling and Highway 96. The Planner explained the applicants are proposing to construct a 48-unit. 3 story apartment building on the 4.4-acre site. He advised this would require rezoning the property from R-1 to R-4; since multiple dwelling structures in the R-4 District must be approved under the PUD process, approval of the PUD Concept Plan is also being requested. Miller stated that the plan presented this evening was almost identical to the 1985 plan Council had considered. the \ ../( only exceptiort~~ the access ha$tbeen moved to Highway 96. rather than Snelling . ill\j ly' Avenue. He advised that the Public Hearing was held at the Planning Commission meeting on August 5th; Planning Commission recommended approval of the PUD Concept Plan only. by a split vote. Miller explained that the plan submitted . was not detailed sufficiently to be considered as a General Plan; therefore was only considered as concept plan. When applicant submits the General Plan. with detailed plans for grading. landscaping. all building details; the zoning issue could be considered at that time. Miller stated that the Comprehensive Plan identifies this area, as well as the entire church area adjacent, as an R-3 Density, medium density of 4 units per acre which is normally considered townhouse density. The applicant is requesting R-4 density, which is 12 units per net acre. The applicant moved the access to Highway 96 because it may have less impact on the existing single family development on Snelling; after discussion at the Planning Commission meeting it was recommended that the access be pla,ced, oJ?' . Snelling due to overall traffic impact on the community. c./--l.RQ.~ ,{JLau;:J !~",..J. ~'~."~)..,..:.,,i_ f"'""tr !....;-".;" v'':? {, " . Miller discussed the previous discussion relative to conditional zoning; he noted that if the Council ~ished just to rezonejthis application would be at the maximum density for the property with the pond located on the site. Planning Commission was comfortable with the Concept Plan and attaching the rezoning to the General Plan review; however, they did not favor just a "blanket" rezoning. ---- Minutes of the Regular Council Meeting, August 10, 1987 Page ~"/ C CASE 1187-23; (Cont'd) Mayor Woodburn noted that there were several persons in the audience interested in this case. . Councilmember Hansen questioned if it was feasible to have an access on Highway 96 and Snelling. Miller advised that in terms of traffic impact on Highway 96 and with the Highway 96 Study which suggests limiting the number of access points on the highway, it was preferable to have the access on Snelling Avenue. In terms of two access points being necessary, it was Miller's opinion that it would not be essential to have two access points for this property. He further explained '-/( that the State requires turn lanes from Highway 96/~ this access is close to an intersection and there could be problems with construction of the turn lanel o&aso, it would encourage U-Turns on the Highway. / 'Councilmember Winiecki questioned i~the apartment complex would be three / stories, if there was any common sp e in the building, if the parking would be totally underground, and how many units were located on each floor. Planner advised that it is a three story building, there is a portion of the building that is a single story area with common facilities, however, each floor of the building contained 16 units; the parking provided underground is one space per unit and there is a visitors parking area located to the west of the site. Mrs. Reeves, owner of the property, explained that due to the Church development adjacent to her property the land was no longer developable as single-family residential. She noted that the access point was changed because . of concern for the residential development along Snelling Avenue; when the property was purchased the State advised Reeves that an access point would be provided every 100 ft., however, that may have changed since they purchased the property 25 years ago. Bernard Herman, architect, spoke on behalf of the Reeves and offered the following comments: ( ...'1.., -The applicants are agreeable to chang~~~ access point from Highway 96 to Snelling Avenue. / -The building is se~ack so it is less visible; all perimeter foliage will remain as a buffer from adjacent properties. -The building design is V-shaped has interest and is energy efficient. -The drainage pond will have sod to the bank, manicured look, and a fountain is proposed for the center. -A substantial amount of additional landscaping is proposed for the site. -The visitor parking has been located to the west of the site to reduce visibility. -The building consists of two wings; 24 units in each wing and 16 units per floor. It is an all brick exterior; elaborated on design. Herman offered the following rationale for granting rezoning: -Adjacent south and west properties is Church development property; stated R-4 is a compatible use with land use established. . -Site is relatively isolated from contiguous neighbors. -There is B-2 zoning along Highway 96 and then the Church development; R-4 would be appropriate transition to single-family district across Snelling. -Highway use is not consistent with medium or low density. -Size of site is not condusive to support a low density project; quality of project would be reduced and site coverage would be increased. -Low density would attrach larger families and traffic would increase. -Existing p1antings would be removed. -Unique site problems; notched corner from site, angled NE corner from site, topography is problem, lowland, roads on three sides. -Apartment would minimize disturbance of the site; less visual impact on adjacent neighbors and less traffic. Herman noted the Rutters, 1660 Highway 96 and the Kings, 1504 Highway 96, sent letters stating they did not object to the proposed rezoning of this property. . A representative of the North Heights Church, Arlo Lien, has reviewed this matter with the Church board and they have indicated in discussions with the Reeves that they have no objections to the proposed rezoning. Minutes of the Regular Council Meeting, August 10, 1987 Page "~~, CASE #87-23; (Cont'd) Mayor Woodburn asked for brief comments from the floor relative to this case. . James Miller, 4482 North Snelling, spoke in opposition to the proposed rezoning. He preferred to maintain the land as an R-3 District; as identified in the Comprehensive Plan. Miller objected to the access onto Snelling; preferred the Highway 96 access. He questioned why he was not notified of the public hearing. Sue Molinar, 1550 W. Highway 96, spoke in opposition to the proposed rezoning. She questioned the property owners notification of the public hearins. Molinar submitted a petition with 36 signatures opposing the rezoning. Deputy Clerk Iago explained the legal procedure for notification; the applicant submits a certified list of property owners within a 350 ft. radius of the submit property and from that list the notifications are sent. Dorothy McClung, 4376 No. Snelling, expressed concerns relative to the road conditions of Snelling Avenue, increased traffic and safety of residents driving on Snelling in it's present condition. She commented that Snelling Avenue should be repaired prior to increasing traffic on the road. Bernard Herman commented that under the PUD concept plan the applicant is obligated to address all concerns addressed; he offered to work with City staff and neighbors to develop a plan that meets the needs of the community. Councilmember Winiecki advised that she had received a call from Francis . Polasek; he could not attend the meeting but asked her to relay his objections to the size of the structure, increased traffic, would set a precident. Councilmember Hansen commented that if Council agreed with the PUD concept that would be an indication that they favored the rezoning. Mayor Woodburn agreed. There was Council discussion relative to the following concerns : , " --~.,~.,- ,...Increased traff ie, (lJ.: h\l{ t i . (' 'A -R-4 Density may not be a good transition to Single-family residential district. -The Comprehensive Plan identifies this area as and R-3 District; commented that property owners in the area concluded that future development would be at a lower density, as outlined in the plan. -Precident would be set for development in this area and across Snelling Avenue. , I.t- f(-l Councilmember Winiec~i stated that the site is well planned, the building quality is excell~; however, it is her opinion that R-4 zoning is -- inappropriate in residential district; the only R-4 building in Arden Hills is appropriately located in the commercial downtown area. She preferred a lesser density development as a transition to the residential; suggested a zoning district with density that falls between the R-3 and R-4 density regulations should be established. Hansen agreed. Moved by Winiecki, seconded by Hansen, that Council . deny Case 87-23, Rezoning from R-l to R-4 and PUD Concept Plan for a 48-unit Apartment Building, 12 units per acre, on Snelling Avenue and Highway 96. Motion carried unanimously. (4-0) CASE #87-24; SUP Council was referred to Planner's report (7-20-87) and EXPAN.. BLUE FOX Planning Commission minutes of 8-5-87; relative to the INN , LEXINGTON amended Special Use Permit for expansion of the Blue Fox Inn at 3833 North Lexington Avenue. Planner explained the applicant is proposing to construct two small additions to the existing restaurant/lounge; both additions will be glass solariums with metal support beams. He indicated that the applicant has met all ordinance requirements relative to setbacks and building coverage, site coverage and parking. Miller advised that he and the Planning Commission recommended approval be conditioned upon the installation of no parking signage at the east . end of the building and replacement of plant materials in the reconstructed planters. Tom Cossack, owner of the property, was present to answer Council questions. Minutes of the Regular Council Meeting, August 10, 1987 Page '- C) CASE 1/87-24; (Cont'd) Counci1member Winiecki questioned if there would be planters around the solarium that faces the parking . area; also if a landscape plan had been submitted. Cossack advised that each solarium would have a planter across the width and greens would be planted. The Planner stated that no landscape plan was provided by the applicant; only verbal acknowledgement that original plantings would be replaced. Moved by Hansen, seconded by Peck, that Council approve Case #87-24, Amended Special Use Permit for expansion of Blue Fox Inn. 3833 North Lexington Avenue, contingent upon applicant installing no parking signage at the east end of the building and replacing plant materials in the reconstructed planters. Moved by Winiecki, seconded by Hansen, that the motion be amended to include as a condition that a landscape plan be submitted for Planner's review and approval. Amendment to motion carried. (4-0) Original motion as amended carried unanimously. (4-0) CASE #87-26; PUD & Council was referred to Planner's report of 7-23-87 and GENR'L PLAN APPRVL Planning Commission minutes of 8-5-87, relative to the EDGEWATER EST./HWY PUD and General Plan approval for the townhouse portion 10 & PARKSHORE DR. of the Edgewater Estates project. Planner gave a brief background of the 1985 PUD concept plan approval for this . project; he noted that original approval was for 31 townhouse units. The applicant is now requesting approval of the PUD General Plan for 29 townhouse l _eunits and Rezonfting of the site to the R-3 Distrtict. ~e Miller noted that since his report was submitted the applicant has submitted the lighting plan, landscape plan and grading plan. The grading plan was sent to the Engineer for review and approval; however, no response has been received to date. Hiller advised that the landscape and lighting plan were adequate and he displayed for Council review a copy of the proposed lighting on the site. Mayor Woodburn questioned if the proposed lighting would be placed on the right-of-way and who would be responsible for maintenance. .' The Planner stated that the lights would\placed on)' _ l.n., behind the ,)' right-of-way; placement on the plan was 'for visual notation onlYj <1 "i ,t:~ .' ~!" '" Kim and Keith Tramm, Mar-Don Homes, Inc., were present to answer Council f2c(,L.I questions. ..../. .. ~ Planner noted the changes that have been made to respond to the recommendations in his report; length of buildings, parking nodes provided for visitor parking, submission of preliminary plat (ownership of parcel under unit and common space), and berming has been addressed in the new grading plan. Mayor Woodburn suggested a condition of approval be that closings on townhomes . be validated only after buyer has seen their townhouse association agreement prior to closing. Miller advised that State law now addresses that matter and allows for buyer to recind a contract within 10 days after purchase. He also noted that the townhouse agreement would be reviewed by the City Attorney as a condition of approval. Councilmember Winiecki questioned the grading elevations; how do the current grades relate to the original plan proposal; berms were to be provided to screen the townhouses from the apartment building. Planner was unsure if the existing grades had been compared with the original grading plan; Engineer could verify the grade levels. . Winiecki further questioned the density for the parcel and if the light standard heights would be viSible from apartments adjacent. Miller pointed out that the overall denSity for the proposed site is 4.5; the actual density on the townhouse portion is less. He advised that the light standards would be cut off from view by the height of the buildings, as well as the grade change. - Minutes of the Regular Council Meeting, August 10, 1987 Page ~ i: CASE 1187- 26; (Cont'd) Councilmember Winiecki commented that it would be preferrable to see 'all the rooftop mechanical equipment . on the apartment complex painted to blend with the roof color. She asked the applicant to relay that comment to the developer. The Planner reviewed the building design and materials, as per drawings submitted, and outlined in the Planning minutes of 8-5-87. Moved by Peck, seconded by Hansen, that Council approve Case #87-26, PUD General Plan approval for Edgewater Estates Townhouse Component, Rezoning from R-l to R-3, and Preliminary Plat for 29 townhouse units, based on the findings that: a) The proposed use, density, and general distribution of townhouse units conform to the previously approved PUD COncept Plan; b) The proposed rezoning conforms to the Comprehensive Plan and the PUD Concept Plan, and, c) Tbe proposed bulidings conform to all zoning ordinance requirements regarding setback, height, and coverage. Furthermore, that approval be conditioned upon the following items: 1. Adjustment of the two northern most buildings to provide greater separation of buildings in the north cluster. 2. Adjustment of off-street parking areas to meet the 20-foot setback requirement from all street rights-of-way. 3. Approval of the site grading plan by the City Engineer. 4. Approval of the completed berming by the City Engineer to assure compliance with the original grading plan and that it adequately screens the buildings. 5. Approval of the revised landscape plan by the City Planner; said plan shall intensify plantings per Planner's recommendations and shall specify sizes in . conformance with the City's minimum standards. 6. Approval of all homeowner's association contracts and documentation by the City Attorney. 7. Approval of the Final Plat. Motion carried unanimously. (4-0) ORD. #249; AMENDING Council was referred to the proposed ordinance SPEED LIMIT ON amending speed limit for boats on Lake Johanna, as LAKE JOHANNA drafted by the City Attorney. Steven Nelsen, 3574 Siems Court, presented Council with a petition to place a 40 mph speed limit on Lake Johanna. Kim Klawiter, 3262 Sandeen Road, stated he had observed excessive speeds on the lake and strongly supports the proposed amendment. Mark Petersen, 4468 Hamline Avenue, agreed that the speed on the lake should be reduced; disagreed with the restricted hours. He enjoys water skiing, however, he finds it difficult to ski safely on the lake during the times the sailboats use the lake. Council advised Petersen that major changes to the ordinance would have to be approved by the Department of Natural Resources; Hansen advised that she would express Petersen's concerns to other sailboat owners. . Moved by Hansen, seconded by Peck, that Council waive first reading and introduce by Title Ordinance No. 249, amending the speed limit for boating on Lake Johanna. Motion carried unanimously. (4-0) REPORT OF PARKS DIRECTOR ARDEN OAKS PARK Council was referred to Parks Director's memorandum, IMPROVEMENT 8-6-87, relative to the park improvements at Arden Oaks Park. Buckley explained that during the preparation of the park site for the installation of the backstop ' and shelter, neighbors expressed concern for these improvements. Members of the Parks Committe, Councilman Sather and Buckley met with the residents in the area and a large majority of the residents agreed to: . 1. Placement of the backstop in the northwest corner of the park. 2. Placement of the ahrd court area in the southeast area of the park. 3. Delay the installation of the picnic shelter for a year or two. Councilmember Peck questioned if the picnic shelter had been purchased for this site. Minutes of the Regular Council Meeting, August 10, 1987 Page 9 PKS DEVPMT (Cont'd> Mayor Woodburn questioned if play programs could be :'*~.J1.)' mitiat..d at the park without the shelter. ./ Buckley stated that he had advised the residents no programs would be held at the park until the shelter was installed. Councilmember Peck questioned if the picnic shelter had been purchased for this site. Buckley advised that the materials were purchased for the structure; discussed .,moving the structure t~\\~~~~~{~._~~;k"in th6 Vi~l-lase. -- \ SUMMER MAINT. AND Council was referred to Buckley's memorandum of 8-6-87; PROGRAM PERSONNEL relative to his recommendations for hiring an interim seasonal maintenance person and additional program personnel. Council questioned the salary increase for the interim employee; Buckley advised that the person he recommended was an older mature person, college graduate, and had more experience. He explained that $4.75 is the base salary and when an employee has been hired for more than one year they receive a salary increase. Councilmember Peck questioned if the individual was hired next year would he receive an increase; Buckley advised that one of the individuals working this year is making $5.50 per hour because he had been with the City three years. -"I.c""\__,'\ ". I.',:l !,.I >. Council c";'ool',ffl,t"that the base pay should remain at $4.75 per hour. :!:. ,,\ ;y . '., \..\,0< Moved by Peck, seconded by Hansen, that Council approve >\ Q , the hiring of Dennis Walsh, through the month of September, at $5.00 per hour, I and further, that the additional program personnel be hired as per the Parks J Director's memorandum of 8-6-8:& Motion .carried unanfmously. (4-0), ".' '. ..:., "~i ~f-~/ /}:1..,f, '~.' --U'{ ;fJ;:f"!)":'';'' _\k...,~.-;_ '-t,,:~-:'::::'f',:' ~~,,~,... V.i,-z~--i"(":,.., FALL FESTIVAL The Parks Director reported on the planned activities STATUS REPORT for the annual Arden Hills Fall Festival, to be held on September 12th. Buckley stated that the activities will be centered at the Arden Plaza Center and include an art show, booya, kiddie parade, craft and food fair. He noted that this year there would be an amateur contest and persons interested in participating may contact Buckley at the Village Hall, Jill Hansen at the Chamber Office or Steve Carlson, Chairman for the event. NO. SNELLING PARK The Parks Director stated that he would report on the development of North Snelling Park at a future Council meeting. DRAINAGE COMPLT. Council was referred to a letter from Forrest Bear, TILLER & DELLWOOD 1234 Tiller Lane, relative to proposed building on property in his area that is considered by the neighbors to be a holdin~ pond. Council was referred to a memorandum from the Zoning Adminfst~~tor, 6-25-87, . which advised that the home constructed ~ Dellwood Avenueiwas granted a variance by the Board of Appeals and permission from Rice Creek Watershed to mod", ".. fl~.,. ~._, 00 ".. P'O"'i " . . A copy of the Planner's letter to the owne /~f the property (8-]-87), was also ~" ') , reviewed. Miller advised the owner of the lot to contact the City Engineer to - CO" . . ensure that the City's concerns regarding drainage in this area are addressed;-' ~- also advised the owner to pursue Rice Creek Watershed approval. Council concurred that staff direct a letter to Forrest Bear which explains that the City cannot deny use of a lot of record and respond to the other concerns listed in the letter; also to thank Mr. Bear for bringing the matter to the City's attention. TREASURER REPORT . RESIGNATION OF Council was referred to a letter from Donald Lamb TREAS. D. LAMB advising of his resignation as Village Treasurer, to be effective no later than August 31, 1987. - -------- Minutes of the Regular Council Meeting. August 10, 1987 Page 10 RESIG. (Cont'd) Council concurred that a letter of thanks for service to the Village and extending their best wishes be sent . to Don Lamb. Moved by Hansen. seconded by Peck, that Council accept with regret the resignation of Donald Lamb from his appointment as Village Treasurer and. furthermore, that staff send a letter on behalf of the Council extending special thanks and best wishes to Donald Lamb. Motion carried unanimously. (4-0) TREASURER APPTMT. Mayor Woodburn reviewed the duties of Village Treasurer and laws regarding appointment of the treasurer; per the Minnesota League of Cities Handbook. He recommended for Council consideration the appointment of Frank Green to the position; noting Green is currently a resident of Arden Hills. residing on Colleen Avenue. he is employed by Burlington Northern as Assistant Treasurer in charge of Accounting and Investments. Green has a degree in economics from University of Duluth and is a C.P.A. Mayor advised that Green was unable to attend the meeting this evening. however. if Council would like to meet with him arrangements could be made. Moved by Hansen, seconded by Peck. that Council ratify the appointment of Frank Green as Village Treasurer for the City of Arden Hills. Motion carried unanimously. (4-0) OTHER BUSINESS REQ. LT. BRIGADE Councilmember Peck referred to the letter from the Light Brigade; regarding donations from Pot O'Gold . Bingo Parlor. Council concurred that a letter be sent to the Light Brigade advising them to contact Louis Walsh or Jim Adams with this request. SUBURBAN YOUTH SERV. Councilmember Hansen referred to the letter from the North Suburban Youth Services Bureau; regarding the County eliminating 1988 funding for the Bureau and requesting Council support by sending a letter to Ramsey County to include funding for the program in the 1988 Ramsey County budget. Council discussed whether or not this matter should be addressed individually or as full Council; if the matter should be referred to the PS/W Committee and should the Village continue involvement. RAMSEY COUNTY Mayor Woodburn recommended that a letter be sent to LIBRARY BLDG. Ramsey County requesting they promptly proceed with their library facilities plan and that we would like to see the administrative buildings in the north suburbs. Council generally agreed to send a letter to Ramsey County. LIQ. LIC. UPDATE; Mayor Woodburn questioned if a club license or an CIlARLIE CHUNG'S off-sale license would be permitted at Charlie Chung's Restaurant. The Clerk Administrator advised that the club anA .-t "f> license. d<?~ot applyti:, !J.~t.('!!H"'~''(~ and that the off-sale license would not be an appropriate use at the /i'-'+all',j1' q ,<<.,-,. -', "j .1 restaurant, a letter was sent to Mr. Chung advising him of the findings. U " .--,c.Q~r.t.! &. " >.;'1 BOAT TRAFFIC REG. Mayor Woodburn questioned if a letter had been sent to ~- 6--;".:.- lV,' I, . LAKE JOSEPHINE Ramsey County relative to regulating the direction of cJ;Vt!J,.l boat traffic in a counter clockwise direction on Lake ~W;{,-I'.JAJ.f\"~l\. Josephine. ') ,."A' ,> ctil!rrWl" , , p~ t\,,-,t,l.ct;. I;-t~-~ The Clerk Administrator advised that she had sent a letter toJEnvironmental .{! " " Engineer Mr. Tillis andLth" n&ifl..nt~ho initiated t~e request. .,,~ ,', ,\ , I I luwtt~ /\lit ::! ?\ ." ., . q Ct'1. 4"Uo'.o-./' ~tJ.Q.) 'J>.-. _' {lj't",.~,,;;,-- G'___-d_\!\"..J'j,.l~:t_ 1\ , ' - . STATUS OF LAND PURCH. Mayor Woodburn questioned the status of the land HIGHWAY 96 & HAMLINE purchase Agreement for the property adjacent to the Village Hall on Highway 96. Morrison advised that the owner had agreed to all Council changes stipulated and had requested two additional changes: a) permanent left turns onto Hamline Avenue, going north to Highway 96, and, b) no administrative review of the new location for the Daybridge facility. [there has been no request for . a4min~stra~veireview bf the new ~c~tion; ,however, Morrison'advised that ~bddge pwn,rs/afe intend:ilng t9"h;<17e stltff,revie,vand approval of the new te prior! to/signing the agr~~ent.J ..-.... L/ -j ./ - Minutes of the Regular Council Meeting, August 10, 1987 Page 11 I LAND .l'llRCH. (Cont'd) ":/,rs->'" <\ Council concurred that no purchase agreement Weuid be .1, (, .----- signed until administrative approval is received~'L ' e(}-<:u\-.~" 'c:-"" ~~,~,_I_!:.';'- MET. WASTE CONTROL Council was referred to a letter from the Metropolitan .,,' Waste Control Commission relative to credit the Village d'! " will receive for overpayment of sewer availability charges. Clerk Administrator advised that each year there has been a problem determining amo,unts to be budgeted for the charges; the refund last year was ajlp"llX'--taly ..t~~.~ ~'l.. ,,$60,000.-00 !lncJ this year the amount is apprell' L_l, $28,ege~8e.If?<;?, 4 5'f."7"j ~~"t,700.m/ ' Council questioned if the City assumed a larger amount would be returned this year; Morrison stated that was not the problem, just the fact that it is unpredictable. ORDINANCE AMENDMT. Mayor Woodburn referred to the Ramsey County Action Alert which indicated that if the Village would like to have the Building Inspector enforce ordinance violations by issuing citations, an ordinance amendment must be enacted (July 30th bulletin). Currently only a Peace Officer may issue a citation, unless amended by ordinance. Council discussed the matter and individuals who may be issuing citations; it was determined that the matter would be discussed at a future meeting. SOLID WASTE Council was advised the Solid Waste Sub-Committee SUBCOMMITTEE would be meeting on Monday, August 17th, at 7:00 p.m. . Mayor Woodburn stated the meeting would be an open meeting; he also questioned if a committee can proliferate itself. Hansen advised that in dicussion it was determined that no one on the PS/W Committee had expressed interest in serving; rationale was for a citizen's action group to be formed. REPORT OF CLERK ADMINISTRATOR RES. #87-43; TRANS. Clerk Administrator requested Council approval for OF OWNRSHIP: MPLS. the transfer of ownership of Minneapolis Hide & Tallow. HIDE AND TALLOW Morrison explained that licenses and permits are not transferrable; appropriate to accomplish transfer by resolution. There was discussion relative to permit fees; Morrison advised she had ,./fecommended to the new owner that they we "',11 =e the pro-rated fee this year. ~._/.;'-' rY~J:t Moved by Hansen, seconded by Peck, that Council approve Resolution No. 87-43, GRANTING KEM MILLING DIVISION OF DARLING AND COMPANY A PERMIT FOR CONDUCTING A NONCONFORMING RENDERING PLANT AND AFFIXING CERTAIN CONDITIONS AS TO OPERATION THEREOF. Motion carried unanimously. (4-0) SPEC. EVENT SIGNS; Council was referred to the two requests for special . AMOCO & JEWELRY event signs at the Amoco station and at McGuire's for jewelry sales. There was discussion relative to limiting the number of special event signs for a specific location or business and if retails sales licenses should be issued; /"" Council suggested administrative review of,the special event sign requests. ~...Q.. '..c ,I, i'r \,;' ,. ~~ '.l.'..... '-',' '; Moved by Peck, seconded by Hansen, that Council approve the requests for Special Event Signs at Arden Hills Amoco and for My Designer Jewelry at McGuire's. Motion carried unanimously. (4-0) (!j) TEMP. RESIDENCE Council was referred to a letter from Mary Ferguson, b -H-5tr ARDEN VISTA 8-7-87, requesting permission to place a small travel COURT; FERGUSON trailer on their property at 1150 Arden Vista Court until such time as their home being constructed at " that location is completed; approximately the middle of September. Ferguson '.' explained that she had contacted the immediate neighbors and heard no '?-\ objections. .' ~j. . There was discussion relative to sanitary facilities, outlets for electricity and length of time trailer would be parked on the property. Minutes of the Regular Council Meeting, August 10, 1987 Page 12 TEMP. RESD. (Cont'd) Moved by Hansen, seconded by Peck, that Council approve the request for temporary residence at 1500 Arden Vista . Court, Mary Ferguson, conditioned upon: 1. The applicant providing electricity hook-up to the home so an external generator is not operating in a residential area. 2. That sanitary facilities be provided in the trailer or that the home be hooked-up to sanitary sewer and that fresh drinking water be provided. 3. That the trailer be parked at that location no longer than October 15,1987. Motion carried unanimously. TEMP. RESIDENCE; Council was referred to the request from Larson Tank WATER TOWER SITE Company to park a trailer, for temporary residence, at the water tower jobsite; to prevent vandalism and theft of property while the tower is being painted. .... \ \,,\\:}J'!"" Councilmember Peck questioned if the letter regarding the City's liability in the event of any damage was sufficient; suggested the Attorney be contacted for ,... his opinion. Moved by Hansen, seconded by Peck, that Council approve the request from Larson Tank Company for a Temporary Residence to be located at the Water Tower job site, condition upon: 1. Provision of sanitary facilities and fresh drinking water. . 2. Trailer be parked at the site no longer than 14 days after completion of the painting of the Water Tower. Motion carried unanimouSlY.(4-D) PURCH. TYPEWRITER Clerk Administrator advised that the Deputy Clerk has DEPUTY CLERK IAGO requested the matter of the purchase of a replacement typewriter be continued to the Regular Council meeting of August 31st. After researching the possibility of, purchasing compatible ;(, computer equipment, Iago found that IBM is not longer marketing the PC or XT , models; the request for a time extension is for further research of compatible computer equipment. 1988 BUDGET GDLINES Council was referred to the 1988 Budget Guidelines, as prepared by Charlotte McNiesh. ) , ~, Morrison advised that the salary increase propose~ address continued x compliance with Comparable Worth in 1988. I Council discussed the parks<~~r~o~nel proposed hourly rates and the part tim, position proposed. Also discussed was the OJT position and duties of that position; , ,{ , ,,'- I " '/' ' I.. / Fir :('-:':'~i.,)" / "_ ;.:..)....,-L.i"' I"~ '. '.[ , :, 'l, J' M~rdson advised the information preseni,'to 'Coiro;:'i! was proposed as guidelines}J:; for the 1988 budget; finance committee meetings and budget sessions would I" provide further information for Council review. Morrison commented that the . employees have not received a salary increase for 1987, as the union contract has not been settled. A ,) Council concurred to accept the 1988 Budget Guidelines; commented that they would question specific items at future budget meetings. RESTAURANT LICENSE ; Moved by Hansen, seconded by Winiecki, that Council CHINA WOK, SHAN.SQR. approve the Restaurant License for China Wok, to be located at Shannon Square on Lexington Avenue. Motion carried unanimously. (4-0) CLAIMS & PAYROLL Moved by' Hansen, seconded by Peck, that Council approve Claims and Payroll as submitted. Motion carried unanimously. (4-0) ADJOURNMENT Moved by Peck, seconded by Winiecki, that the meeting . be adjourned at 11:59 p.m. Motion carried. (4-0) Patricia J. Morrison Robert L. Woodburn Clerk Administrator Mayor NOTICE OF MEETING The next ReRular Council MeetinR will be held on Mondav. AURust 31, 1987, at