HomeMy WebLinkAboutCCP 11-09-1987
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AGENDA U
Regular Council Meeting
. Village of Arden Hills
Monday, November 9, 1987, 7:30 p.m.
Village Hall
1. Call to Order and Roll Call.
j, ,
~'I~~{d_..~_APPrOVal of Minutes, October 26 Council Meeting.
)j~t~liW)l._]~Business from the Floor.
4. Planning Commission Cases.
_~~,'f'\ ~.,,~~case No. 87-31, Setback Variance, The Roseville Bank.
CJ~,Q'cl B.~ase No. 87-32, Rear Yard Setback Variance, 1891 Lake Lane. .
, '~\ C'0~Case No. 87-20, Review of Lot Split, Minor Subdivision, (Milton).
~('L_, -"
, ~"iD~~D.0\Jcase No. 87-08, Review of Building Placement, Scherer Bros.
--~'I,
J~~1..:3.0,_!- Motion re U. S. Army Reserve Project.
5. Report of City Attorney Jim Lynden.
~ 'j
I ltl ")(' A. U1 Ordinance No. 251, Final Reading, Exterior Completion of
. !ve,' "s--', Residential Dwellings.
lLcu..., B:_ Status Report, Hamline/96 ,
rt, ~1" C, Review of Fire Contract Report. (,V UI([.[. J
_,\_:0~VJ_Zn__'::.____ ~O
j" f 6. Parks Committee Report.
AcV1~ ',.
. \ f,.
", A!cF.t\'-'Request for Tent Permit (McGuires), 3/17/88.
'''T~ ' \
8. Other Business. I I '
------ ~
9. Report of Clerk Administrator Patricia J. Morrison.
,.. ~Initial Landscape Inspections
/. u...fd)J.ll.._ Shannon Square, Lexington Avenue.
I L'
(l"i}'\2~,~ Northpark Business Center, Bldg. B, 1275 Grey Fox Road.
,~.i :',:; I
'.' ", (L1WJ3). Northpark Bustneas Center, Bld,g. C, 1285 Grey Fox Road.
" '
J1f1LB. Claims and Pagolt,.
. C. , ;;; ~ r\ ,.' '\ (j..J.Jiz:.,-trvLLJ(~
10. Adjournment. -r
. UpcominR MeetinRs
Nov. 12 RCWD \ ' \]V
Nov. 18 Ramsey County League of Local Governments (CO k'IVA.llM,,,, (~,.,d::l') ,\ \' \)Y'
Nov. 18. Rendering Plant Committee (7:00 p.m. to 9:00 p.m.~ " \,~
Nov. 19 Public Safety/Works Committee \~ ~' ~~
Nov. 24 Parks Committee ~ ~1Y'<"10\JI:
Nov. 25 RCWD \J\J
Nov. 30 Regular Council Meeting ,
.
- MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING ::2,
,.
October 26, 1987, 7:30 p.m. - Village Hall
CALL TO ORDER Pursuant to due call and notice thereof, Acting Mayor
Hansen called the meeting to order at 7:30 p.m.
. ROLL CALL The roll being called the following members were
present: Acting Mayor Nancy Hansen, Councilmembers
Thomas Sather, Gary Peck and Jeanne Winiecki. Absent: Mayor Robert Woodburn.
Also present: Attorney James Lynden, Parks Director John Buckley, Public Works
Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy
Clerk Catherine Iago.
APPROVE MINUTES Moved by Peck, seconded by Sather, that Council approve
the minutes of Regular Council meeting of October 12,
1987, as submitted, Motion carried unanimously. (4-0)
BUSINESS FROM FLOOR None.
ORD. #251; EXTERIOR Council was referred to a letter from Attorney, dated
CONSTR, FINAL RDING 10-5-87, relative to the second draft of the exterior
completion ordinance.
Lynden explained that the Building Inspector had expressed concern regarding
the issuance of the Certificate of Occupancy; related to the possible problems
with delaying financing for homeowners if the Certificate of Occupancy were
delayed because lawn or driveway was not completed due to weather conditions.
The Attorney advised that the City of St. Paul had adopted an ordinance
relating to Nuisances; the ordinance incorporated exterior completion and
provided for the City to complete the work, if not done within a certain time
. period, and charge the costs back to the property owner. It was his opinion
that it would be less costly to delay issuance of the Certificate of Occupancy.
The Attorney suggested a provision be inserted in the Occupancy issuance for
certain grievous situations to be brought to Council attention for their
consideration.
He suggested the insertion of the following language in Section 6-128, last
sentence to include: " ...or the City Council has granted an exception as
indicated in Section 6-75(a) and (b) of this Code."
Councilmember Sather explained that certain items, such,as sodding or driveway
completion, are not contingent upon financing approval.
Councilmember Winiecki suggested allowing a 240 day time period for completion
be incorporated into the Ordinance; which would allow the homeowner to complete
the sodding and other items that could not be done during winter months.
Council discussed enforcement of the ordinance; questioned if a fine could be
imposed, suggested it would be difficult to evict residents if exterior work
was not completed.
Attorney Lynden suggested that the Nuisance Ordinance in the Arden Hills Code
could more specifically address exterior completion.
. After discussion, Council concurred to direct the Attorney to compare St.
Paul's Ordinance with Arden Hill's Ordinance and recommend changes, and, that
the language change recommended by the Attorney be incorporated into the draft
ordinance and returned to Council for review.
ORD. 11252; SPEC. EVT. Council was referred to Ordinance No. 252; pertaining
SIGNS, FINAL READING to limiting the number of Special Event Signs permitted
in the City of Arden Hills per year.
Attorney Lynden read the Ordinance in full.
Acting Mayor Hansen commented that she had received support of residents in the
area favoring the proposed Ordinance.
Councilmember Peck expressed opposition to the ordinance; it was his opinion
the ordinance was restricting businesses in the City. Councilmember Sather
. agreed; he noted that businesses currently pay a fee for special event signs,
are limited to the number of days the sign can be placed on their property and
must request Council approval, in his opinion, limiting the number would be too
restrictive.
-
MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING ..
October 26, 1987, 7:30 p.m. - Village Hall
CALL TO ORDER Pursuant to due call and notice thereof, Acting Mayor
Hansen called the meeting to order at 7:30 p.m.
ROLL CALL The roll being called the following members were .
present: Acting Mayor Nancy Hansen, Councilmembers
Thomas Sather, Gary Peck and Jeanne Winiecki. Absent: Mayor Robert Woodburn.
Also present: Attorney James Lynden, Parks Director John Buckley, Public Works
Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy
Clerk Catherine Iago.
APPROVE MINUTES Moved by Peck, seconded by Sather, that Council approve
the minutes of Regular Council meeting of October 12,
1987, as submitted. Motion carried unanimously. (4-0)
BUSINESS FROM FLOOR None.
ORD. 1/251 ; EXTERIOR Council was referred to a letter from Attorney, dated
CONSTR, FINAL RDING 10-5-87, relative to the second draft of the exterior
completion ordinance.
Lynden explained that the Building Inspector had expressed concern regarding
the issuance of the Certificate of Occupancy; related to the possible problems
with delaying financing for homeowners if the Certificate of Occupancy were
delayed because lawn or driveway was not completed due to weather conditions.
The Attorney advised that the City of St. Paul had adopted an ordinance
relating to Nuisances; the ordinance incorporated exterior completion and
provided for the City to complete the work, if not done within a certain time
period, and charge the costs back to the property owner. It was his opinion .
that it would be less costly to delay issuance of the Certificate of Occupancy.
The Attorney suggested a provision be inserted in the Occupancy issuance for
certain grievous situations to be brought to Council attention for their
consideration.
He suggested the insertion of the following language in Section 6-128, last
sentence to include: " ...or the City Council has granted an exception as
indicated in Section 6-75(a) and (b) of this Code."
Councilmember Sather explained that certain items, such_~s sodding or driveway
completion, are not contingent upon financing approval.
Councilmember Winiecki suggested allowing a 240 day time period for completion
be incorporated into the Ordinance; which would allow the homeowner to complete
the sodding and other items that could not be done during winter months.
Council discussed enforcement of the ordinance; questioned if a fine could be
imposed, suggested it would be difficult to evict residents if exterior work
was not completed.
Attorney Lynden suggested that the Nuisance Ordinance in the Arden Hills Code
could more specifically address exterior completion.
After discussion, Council concurred to direct the Attorney to compare St. .
Paul's Ordinance with Arden Hill's Ordinance and recommend changes, and, that
the language change recommended by the Attorney be incorporated into the draft
ordinance and returned to Council for review.
ORD. 1/252; SPEC. EVT. Council was referred to Ordinance No. 252; pertaining
SIGNS, FINAL READING to limiting the number of Special Event Signs permitted
in the City of Arden Hills per year.
Attorney Lynden read the Ordinance in full.
Acting Mayor Hansen commented that she had received support of residents in the
area favoring the proposed Ordinance.
Councilmember Peck expressed opposition to the ordinance; it was his opinion
the ordinance was restricting businesses in the City. Councilmember Sather
agreed; he noted that businesses currently pay a fee for special event signs, .
are limited to the number of days the sign can be placed on their property and
must request Council approval, in his opinion, limiting the number would be too
restrictive.
---------------- -- .., ---- ---
- Minutes of the Regular Council Meeting, October 26, 1987
. Page 3
RES 87-67 (Cont'd) After discussion, Council concurred that they would
prefer to have the resolution specify the number of
. licenses to be issued.
The Attorney suggested the following changes in the resolution:
The first paragraph of the proposed resolution remain the same; second and
third paragraphs be deleted and the following three paragraphs be inserted:
"Whereas, nine charitable gambling licenses have been issued and the
Council desires to issue no more pending preparation of such ordinance, and
Whereas, the Council has further determined that it is not appropriate
to consider any additional applications until such time as an ordinance is
adopted,
Now, therefore, be it resolved, by the Council of the City of Arden
~ills that commencing this date there shall be nine charitable gambling
licenses in the City and a moratorium on the issuance of any additional
charitable gambling licenses until such time as an Ordinance has been approved
and adopted by the Arden Hills City Council; and,"
The last paragraph of the proposed resolution remain the same.
Dick Grayson, Attorney representing Walsh and Associates, stated his client's
primary concern was a "phase-out" of charitable gambling. He advised Council
that his client had spent considerable time and funds to establish the Pot
O'Gold Bingo Parlor in Arden Hills. Grayson stated that since the resolution
did not include a "phase-out" it was satisfactory to his client.
. Greg Rebow, Attorney representing the seven charities which operate charitable
gambling in the Pot Q'Gold Bingo Parlor, stated his clients' primary concern
was also the "phase-out" of charitable gambling; they had no problem with the
resolution as amended. Rebow advised that his clients would like to contribute
to the community and intend to be good neighbors; he asked that he be contacted
should any problems arise with the operation of the Bingo Parlor.
Herb King, member of the Light Brigade, commented that the Bingo Parlor has
made a generous contribution to the completion of the lighting at Mounds View
High School and it is his opinion that the operation of the Bingo Parlor is
well organized, friendly and clean. He expressed his support of the charitable
gambling in Arden Hills.
Peck moved, seconded by Sather, That Council approve
Resolution No. 87-67, Setting a Moratorium on Additional Charitable Gamblin~
Licenses and Authorizin~ the Clerk Administrator to Reject Applications
Therefor, with additional language as amended by the City Attorney, Motion
carried unanimously. (4-0)
CASE #87-28; SUP Peck moved, seconded by Winiecki that Council approve
RADIO ANTENNA, 1541 the Special Use Permit for Radio Antenna, 1541
EDGEWATER, KAHNKE Edgewater Avenue, Joseph Kahnke, as amended and
presented to the Council at their regular meeting of
October 12, 1987, and, furthermore, authorize the Clerk Administrator to sign
. the document. Motion carried unanimously. (4-0)
Acting Mayor Hansen advised that the Zoning Administrator had deemed the
changes in the proposal to be insignificant to warrant referral to Planning
Commission for an additional public hearing.
CASE //87-30; SUP Peck moved, seconded by Winiecki, that Council approve
ROOF SIGN, 3628 Special Use Permit for Rooftop Sign, 3628 Connelly
CONNELLY, TRANS. Avenue} Transportation Electronics, and. furthermore,
ELECTRONICS that the Clerk Administrator be authorized to sign the
document. Motion carried unanimously. (4-0)
U.S. ARMY RESV, Council was referred to a memorandum from Attorney,
TRAING. CENTER dated 10-23-87, relative to jurisdictional latitude of
the City regarding the U.S. Army Reserve development.
. Lynden informed the Council that in his opinion the City has jurisdiction until
such time as is proven otherwise.
Acting Mayor Hansen agreed and commented that Council and staff should continue
to offer suggestions for the project that would be beneficial to enhancement of
the City, as well as the project.
Minutes of the Regular Council Meeting, October 26, 1987 ...
Page 4
ARMY TRAING.(Cont'd) After discussion, Council concurred to direct the Clerk
Administrator to draft a letter with a definitive
statement to the architects for this project relating the Council concurrence .
with the Attorney's opinion.
Councilmember Sather asked that the Clerk eliminate any reference to the City
providing utilities for the arsenal property when drafting the letter to the
architects.
REPORT OF PARKS DIRECTOR
FALL PROGRAM Council was referred to Buckley's memorandum (10-9-87)
LEADERS recommending individuals to be hired as Fall Program
Leaders.
Winiecki questioned the higher rate paid to the Karate instructor; also asked
,for comparison to 1986 rate.
Buckley advised that some instructors prefer to be paid by student, while other
request an hourly rate; he pointed out that the class is one hour, twice a
week, and it is difficult to find qualified instructors for less money.
Peck questioned what the fee was for the class.
~uckley advised the current fee is $16.00 per hour, pytJ~t~
Peck moved, seconded by Sather, that Council approve
the Fall Program Leaders, as outlined in the Parks Director's memorandum of
10-9-87. Motion carried. (Peck, Sather and Hansen voting in favor; Winiecki .
opposed) (3-1)
RECYCLING PROPOSAL Council was referred to the report of Paul Malone,
dated October, 1987, on a Solid Waste Management Plan.
Malone reviewed the objectives, methodology, funding, economic incentives to
reduce waste and encourage participation in recycling, and removal of a
significant portion of yard waste from the refuse stream.
After reviewing the report, Malone summarized the Council actions necessary to
initiate the plan:
1. Authorize the staff to solicit bids for curbside recyclable pickup.
2. Authorize the staff to apply for recyclable pickup reimbursement grants.
3. Authorize the amendment of hauler licenses to require the provision of
15% discounts to residents limiting waste to 60 gallons beginning 7-1-88.
Acting Mayor Hansen supported the proposal, however, commented that the July
1988 effective date may not be enough time; suggested the issuance of licenses
in January of 1989 may give the haulers a little more lead time
The Clerk Administrator advised that staff anticipated sending notice of the
provision when mailing the 1988 license renewal forms; she suggested Council
may condition approval of the 1988 Rubbish Haulers License on their ability to
comply with item #3 above. Morrison adVised that the discount would be offered .
and initiated only by customer request.
Peck moved, seconded by Winiecki, that Council
authorize staff to solicit bids for curbSide recyclable pickup, authorize staff
to apply for recyclable pickup reimbursement grants, and, furthermore,
authorize the amendment of the Rubbish Hauler License to require the provision
of 15% discounts to residents limiting waste to 60 gallons, beginning July I,
1988. Motion carried unanimously. (4-0)
Acting Mayor Hansen thanked Malone for his presentation and advised that she
and Malone were willing to participate in writing the grant applications for
fund reimbursement.
REPORT OF TREASURER
INVESTMENTS Clerk Administrator Morrison reported the following .
Investment:
10/15/87 - $100,000.00, at Oak Park Heights, @ 9%, to mature 10/15/87.
. Minutes of the Regular Council Meeting, October 26, 1987
< Page 5
TREAS RPT (Cont'd) Sather moved, seconded by Peck, that Council ratify the
Treasurer's report. Motion carried unanimously. (4-0)
. OTHER BUSINESS
MPC "SUPER FUNDS" Moved by Winiecki, seconded by Peck, that Council
authorize the Clerk Administrator to write a letter to
the proper State officials requesting that the "super funds" monies in the
amount of $24,046.99, owed to the City of Arden Hills, be paid promptly, with
interest, and that the matter be placed on their priority list. Motion carried
unanimously. (4-0)
PROGRAM LEADERS Councilmember Winiecki explained that her vote in
opposition of the, Fall Program Leaders related to the
fact that she would prefer to have the Karate class fee increased to cover the
instructor fees.
MEETING DATES Acting Mayor Hansen reported on the following meeting
dates:
The 10-29-87 meeting with Shoreview has been postponed.
The Rendering Plant Subcommittee meeting will be held 11-18-87, from 7:00-9:00
p.m4 ; she encouraged Councilmembers to attend.
The Ramsey County Library meeting will be held 10-29-87, at 7:30 p.m., at the
New Brighton City Hall.
. The Ramsey County League of Local Government meeting will be held on 11-18-87;
Hansen will not be able to attend.
MISCELLANEOUS Acting Mayor Hansen reported that former Mayor Bob
Nethercut has received the Donald C. Carroll Public
Service Award for outstanding contributions to the Twin Cities Metropolitan
Area; Council offered their congratulations to Nethercut.
APPTMT TO RCW DIST. Acting Mayor Hansen recommended that Council nominate
Gerald A. Sande to serve as Rice Creek Watershed
District Manager; Council concurred with the recommendation.
REPORT OF CLERK ADMINISTRATOR
AUDIT REPORT The Clerk Administrator advised Councilmembers that
upon appointment of a new Treasurer. Minnesota Statutes
require an audit be made. A copy of the audit report was enclosed with the
Agenda packet for Council review.
Councilmember Peck suggested the Finance Committee receive a copy of the audit
report. Peck also expressed concern relative to the abundance of CO's in one
ins titutiort; questioned City policy regarding. investments.
Morrison advised that Council authorizes a certain number of depositories at
the beginning of each calendar year; the Treasurer contacts each depository and
makes investments at the best interest rates. after determining the desirable
. maturity date.
After discussion, Council concurred that the Treasurer should consider taking a
slightly lessor interest rate upon investment in order to spread the amount of
monies to other institutions. Council favored limiting investments in anyone
institution to one million dollars or less.
Morrison advised that investments are collateralized at 140% when dealing with
an investment organization that has mortgages, and the CO's are collateralized
at 110%, so all monies in each organization are properly covered,
SPEED LIMIT; The Clerk Administrator advised Council that the DNR
LAKE JOHANNA had approved the proposed Ordinance for limiting the
speed limit on Lake Johanna to 40 mph. Morrison noted
that the Ordinance amendment would become effective upon publication.
.
---- ----- ------
Minutes of the Regular Council Meeting, October 26, 1987 .
>
Page 6
DATA TRANSFER; The Clerk Administrator advised Council that Control
COMPo WORTH Data Business Advisors had been disbanded and a company
known as PDI was formed to carryon the services .
previously proposed to be instituted by Control Data. In order to continue
participation in the maintenance of the Joint Comparable Worth Study of the
Metropolitan Area Management Association each participant has been requested to
pay a base fee plus $1.50 per employee. Morrison recommended that Arden Hills
remain involved in the process, as the process is on-going, and authorize the
expenditure of $272.50 for the subscription service.
Winiecki questioned the benefit of the service.
Sather advised that in his opinion it is a worthwhile investment; the
information available for labor negotiations, data relative to job
descriptions. and wage information would be extremely useful.
Peck moved, seconded by Sather, that Council authorize
the expenditure of $272.50 for the City of Arden Hills participation in the
P.D.I. maintenance, of the Joint Comparable Worth Study of the Metropolitan rea
Management Association. Motion carried unanimously. (4-0)
CLAIMS & PAYROLL Peck moved, seconded by Sather that Council approve
Claims and Payroll as submitted. Motion carried
unanimously. (4-0)
REPORT OF PUBLIC WORKS SUPERVISOR
SALITROS PROPERTY Public Works Supervisor Raddatz advised that he and
SEH were planning to run a smoke test on the sewer line .
at the Salitros property on North Hamline on 10-17-87; the test is to try to
determine the reason for the odor emission problem at the residence. Raddatz
advised that the sewer line has been televised twice and no problems were noted
in the line. He will report the results of the test at a future meeting.
TREE REMOVAL Council was advised that Don Zehm had been working with
DONALD ZEHM staff to make suggestions relative to OSHA compliance;
in lieu of payment for his services Zehm had requested
the City remove a tree from the boulevard on his property. Raddatz asked for
Council direction relative to the request.
After discussion, Council concurred that many other citizens have donated their
time to the Village and they preferred not to set a precedent; commented that
this was not an easy decision and extended thanks to Zehm for his service to
the Village.
ADJOURNMENT Moved by Peck, seconded by Winiecki, that the meeting
be adjourned at 9:30 p.m. Motion carried unanimously.
(4-0)
Patricia J. Morrison Nancy K. Hansen
Clerk Administrator Acting Mayor
.
NOTICE OF MEETINGS
The next Regular Council Meeting will be held on Monday, November 9, 1987, at
7:30 p.m., at the Village Hall.
.
MINUTES OF THE REGULAR PLANNING COMMISSION MEETING
" . November 4, 1987, 7:30 p.m. - Village Hall
Wednesday,
CALL TO ORDER Pursuant to due call and notice thereof, Chairman
Robert Curtis called the meeting to order at 7:30 p.m,
ROLL CALL
. Present: Chairman Robert Curtis, Calvin Meury, Scott Petersen,
Dorothy Zehm and Paul Malone.
Absent: Thomas Babcook, Maurice Johnson, Peter Martin, Rick
Savage and Gary Thorn.
Also Present: Councilmember Jeanne Winiecki, Planner Orlyn Miller,
Clerk Administrator Patricia Morrison and Deputy Clerk
Catherine Iago.
APPROVE MINUTES Moved by Malone, seconded by Meury, that the Minutes of
the October 7, 1987, Planning Commission meeting be
approved as submitted, Motion carried. (Malone, Meury, Curtis, Zehm voting in
favor; Petersen abstained) (4-0-1)
CASE 1/87-31; VAR. Planner Miller explained that the Roseville Bank is
FOR ACCESS. STRUC, is proposing to install an automated teller machine
ROSEVlLLE BANK, (ATM) kiosk in the parking lot at the northeast corner
4061 NO. LEXINGTON of the bank site. He noted that the AIM would be
located within the front yard of the lot and a variance
would be required to accomplish this, along with the setback variances
requested; 5 ft. setback variance from County Road F and 15 ft. setback
variance from Lexington Avenue.
Miller advised the applicant had stated the following reasons for relocating
the ATM: 1. Safety--Persons who use the AIM after dark will not be hidden
behind the building, 2. Visibility--Better visibility will improve safety and
increase usage, and 3. Access--AIM users will not have to wait in drive-up
. lanes as they do now.
The Planner reviewed the plan for the kiosk housing the ATM,; he noted the base
of the kiosk will be approximately 4 feet below adjacent street elevations
and, in his opinion, the small scale of the building would not detract from the
appearance of the principal structure.
Miller stated that an alternative location, which would satisfy setback
requirements was l~valuated by the applicant, however, the bank preferred the
proposed location for reasons of visibility, ease of turning movements, and
stacking space. The alternate location would require only a variance from the
provision that an acessory structure shall not be in the front yard area.
The Planner referred Commission members to the Board of Appeals minutes,
10-15-87, recommending approval of the variances as requested~
Dean Hansen, Senior Vice President of the Roseville Bank, was present and
explained that customer safety was the main motive for requesting the
variances. It was his opinion that the placement of the AIM would not be
visually obstructing nor detract from the appearance of the site.
Member Meury questioned how the AIM would be lighted, internally or externally,
and if the Bank parking lot was lighted during the evening hours.
Hansen advised th"re would be an external light attached to the base of the AIM
. and reflecting downward toward the structure; he stated the parking lot is
lighted during ev"ning hours.
Member Malone questioned if the applicant had considered any alternate
locations.
------
Minutes of the Regular Planning Commission Meeting, November 4, 1987
i'age 2
Case 1187-31 (Cont'd) Hansen advised they had considered the alternative
discussed by the Planner, .however, placement at the
required setback would detract from the Bank building; he also had considered
at walk-up facility, however, for safety reasons it was determined that
customers would be more comfortable in a drive-up situation.
. Commission members discussed parking and signage requirements.
Miller advised th,at the applicant would meet bo~h signage and parking required.
Moved by Petersen, seconded by Zehm, that Commission
recommend to Coun,:il approval of Case #87-31, Setback Variances for Accessory
Structure, Roseville Bank, 4061 North Lexington Avenue, as shown in the
proposed plan attached to Planner's report, for a 5 ft. setback variance from
County Road F, a 15 ft. setback variance from Lexington Avenue and a variance
to permit accessory structure in front yard; justification for the variances
based on the following reasons:
a. The setback of the principal structure and the established vehicular
circulations makes it impossible to place the ATM in a location
visible from both streets without placing it in the front yard area.
b. The proposE!d location for the ATM is necessary to provide adequate
visbility, safety and vehicular circulation.
c. The proposE!d placement of the ATM does not negatively impact adjacent
properties,
Motion carried unanimously. (5-0)
CASE 1187-32; VAR. Planner Miller explained the applicant is proposing to
REARYARD SETBACK, construct a 10 ft. x 12 ft. room addition to the rear
. 1891 LAKE LANE, of her house. The existing structure has a rear yard
D. KIEFFER setback of 15 feet; new addition would extend to within
5 feet of the rear property line, requiring a 25 foot
setback variance (30 foot setback current requirement).
Miller stated that the subject lot is only 75 feet deep; typical of lots on the
north side of Lake Lane. Because of this limited depth, enforcement of both
front and rear setbacks would make the lots unbuildable, which is why the
existing rear setback is only 15 feet. He noted that at least three houses on
lots along the north side of Lake Lane have rear setbacks of 6 to 8 feet; most
recent variance granted in the area was a 24 ft. setback variance for a room
addition similar to this proposal.
The Planner referred Commission members to the minutes of the Board of Appeals
meeting, 10-15-87, recommending a variance for a setback of 6 feet from the
rear property line (24 foot setback variance), and noted that the adjacent rear
neighbor had expressed no opposition to the proposed expansion.
Miller pointed out that the house directly north of the subject property has a
rear yard setback of approximately 50 feet, aud that existing large setback
could be considered a mitigating factor in terms of building separation.
Delores Kieffer, 1891 Lake Lane, was present to answer any questions.
Member Zehm questioned if the applicant had considered placement of the
addition on the west side of her property.
.
~inutes of the Regular Planning Commission Meeting, November 4, 1987
Page 3
Case #87-32 (Cont'd) Kieffer explained that the interior layout of the home
would not accommodate placement at the west end of the
property; she advised the 6 ft. setback would accommodate her expansion plans.
. Member Petersen advised that he did not favor granting the variance, however,
it was his opinion that a precedent had been set in the area.
Moved by Meury, seconded by Zehm, that Commission
recommend approval of Case #87-32, Rearyard Setback Variance, 1891 Lake Lane,
Kieffer, for a 24 foot rearyard setback variance; jusification for approval
based upon unusual lot configuration, similar encroachments of adjacent houses,
and the deep rear setback of houses to the north make the rear area more
feasible for the proposed expansion. Motion carried unanimously. (5-0)
PRELIM. DISC; Commission members were referred to a letter from
CHURCH, HWY 96 B.A. Niepriteky and I. Buhanjenko, of the Ukranian
& SNELLING AVE. Orthodox Church, 873 Portland Avenue, dated 10-29-87.
B.A. Niepriteky, President of the Perish Council, was present to discuss the
proposal for constructing a Church, Church Hall and residence for the Minister
on the property located on the southwest corner of Hwy. 96 and North Snelling
Avenue (Reeve's property). Niepriteky explained that their Church located on
Portland Avenue, across from William Mitchell Law School, does not have
adequate parking and that was the main reason for relocation. He advised he had
contacted the City staff relative to requirements for application and requested
discussing the matter with the Planning Commission.
Planner Miller advised that a Church is allowed in an R-l District by Special
Use Permit; it was his assumption the accessory building would fit in the same
. category and the home associated with the Church is permitted in an R-l
District. The proposal would be dealt with as a site plan review; discussing
parking requirements, setbacks, and would require a Public Hearing. He noted
that specific plans have not been submitted.
Chairman Curtis questioned what type of limitations there would be relative to
parking, building size, and site coverage.
Miller explained those factors depend on the scale of the Church facility;
parking determined by the number of persons accommodated by the building. The
building size would be determined by site coverage percentage. He advised that
the following are issues the City may want to examine carefully:
-Access: Traffic volume, how directed. There would be excessive
traffic at certain times of the day and low traffic during other hours.
How the two Church facilities would operate together should be considered.
-Location: The proposed Church facilities should be located on the site so
as toprotect the single family development to the east; visibility need
not be hidden, but softened to be a good neighbor to the anticipated R-l
development. .
Miller also noted the issue may arise relative to tax exempt use in a community
that has little land still available for development.
Niepriteky advised that they are not anticipating building a complex the size
of the North Heights Church project. He stated the parish is comprised of three
. Churches with approximately 100 perishoners in each parish; it is their intent
to eventually combine the three parishs.
~inutes of the Regular Planning Commission Meeting, November 4, 1987
Page 4
CHURCH DISC. (Cont'd) Niepriteky explained the architectural style of the
Orthodox Church is Bysantine, with the domed steeples.
Member Meury questioned what day of the week the primary service was held at
. the Church.
Niepriteky advised the service was held on Sunday, at 10:00 a.m., and is
usually a 1-1/2 hour service.
Miller explained that the Zoning Ordinance does not dictate materials or style;
it does state buildings should not be constructed in a style or material so
different from the surroundings that it impacts the property values in the
area.
Member Petersen questioned if there would be three separate structures on the
property.
Niepriteky stated that the Church and Church hall would be attached and the
residence would be separate. The Church hall would be used for Sunday School
and Church functions, such as dinners or social functions.
Member Zehm questioned if the site is large enough to accommodate the parking
and buildings.
Niepriteky advised the architect is comfortable with the site size; actually it
is larger than recommended.
Chairman Curtis questioned if access would be granted onto Highway 96.
The Planner noted that it has been recommended we not provide any access onto
. Highway 96; however, each case is studied individually.
Commission discussed the agreement with North Heights Lutheran Church to post a
"No Right Turn" sign at the Snelling Avenue egress; Planner advised that the
same restriction could be applied to this proposal.
Member Meury questioned if the Church representatives had visited the site on
Sunday morning to view the traffic situation as it currently exists.
Niepriteky advised that he had not done so at this time.
Commission explained that they would be reluctant to grant variances on this
site for reasons of protecting the adjacent residential zoning district.
Planner Miller explained to the Church representatives that a Public Hearing is
required for SUP and issues that were not addressed this evening could surface
at the time of the hearing, and, also, that the Planning Commission is only a
recommending body, Council has final approval.
The Church representatives thanked the Commission members for their time.
CASE 1/87-08; REVISE Planner Miller explained that Scherer Lumber had
PLAN REVIEW, VAR. requested a change in their site plan, which was
EX TEN . , 4947 HWY 10 approved 11-6-86. The item is not listed on the
SCHERER LUMBER CO. Agenda because initially Miller thought it could be
. handled administratively, however, after determining it
was an extensive change, it was brought to the Commission for review.
. ~inutes of the Regular Planning Commission Meeting, November 4, 1987
Page S
CASE #87-08 (Cont'd) Miller advised that the change would involve moving a
portion of an'existingpuilding to the rear property
line, which would require a continuation of an existing approved variance.
. Larry Leitshuh, Scherer Lumber Company, was present and reviewed the plan
initially approved by Planning Commission and Council. He explained the first
phase of the plan had been completed and they were working on the second phase
of the plan. Leitshuh reviewed the revision for moving an existing building to
the southern rear property line which is adjacent to Hwy. 3SW. He advised the
reasons for the change were to provide for future expansion, and to make the
site more aesthetically pleasing, He noted that there would be minimum
visibility from Hwy. 3SW.
Miller explained the change would decrease building coverage on the site.
Commission discussed the compatibility of building materials, height alignment
and landscaping. Leitshush stated they would align the height of the buildings,
however, the buildings would not be of the same material nor the same color,
but should blend well together. He advised that the approved landscape plan
would be adhered to.
Zehm moved, seconded by Malone, that Commission
recommend granting approval of the relocation of an existing building and the
continuation of the variance on the west property line of the Scherer Lumber
site, as shown in the revised plan submitted 11-4-87, subject to the completion
of the approved landscape plan submitted with the original application. Motion
carried unanimously. (S-O)
DISC; PROPOSED Planner Miller advised that the City had received
TRAINING CNTR. preliminary plans for an Army Reserve Training Center
. facility, to be located on the Arsenal property on the
northwest corner of Lexington Avenue and Highway 96.
Miller explained that the plans consist of three buildings, identified as the
training center, supply building and motor vehicle repair shop. He stated he
had been advised the facility would be used primary two weekends per month, 8
hours per day. The facility would accommodate 300-3S0 persons; some daily site
use is proposed, however, numbers of persons using site on a daily basis was
not provided.
The Planner explained he had calculated the following information:
-Total site area is approximately 23.S acres
-Building area is 138,000 sq. ft.; 13% coverage
-Parking/Driveway area 396,000 sq. ft.; 53% coverage
-Open Space approximately 47%
Miller further advised that setbacks are shown on plan as 260 ft. and 280 ft.
respectively from adajcent streets,the building height is basically shown as a
small two story building, and access is proviaed only onto Lexington Avenue.
Member Zehm questioned if the plan meets Zoning requirements.
Miller advised that the issue of City jurisdiction on Federal property is
currently being debated; Attorney Lynden maintains that the City has
. jurisdiction until proven otherwise. In discussions with the Project Manager
from Kansas City; Miller explained they have indicated willingness to comply
with all building codes and receive public response to the project, however, it
is their opinion they are not bound by City zoning requirements.
Minutes of the Regular Planning Commission Meeting, November 4, 1987
~ "Page 6
TRNG CNTR (Cont'd) The Planner discussed two categories the facility could
fall under; if the training center is considered as a
"public facility" it would be considered through the Special Use Permit
application, otherwise, if the project is considered as a "office/warehouse
. facility" (which is not permitted in an R-l District), it would be considered
as a Rezoning application.
Miller explained that representatives working on the project have indicated
they would request sewer and water utilities fr?m Arden Hills; which may
provide a basis for the City to negotiate specific issues of concern to
residents and staff.
The Planner advised that a local architectural firm has been retained and a
copy of the plans for the project are on file at the Village Hall. He briefly
reviewed the exterior building materials proposed and displayed the building
interior plan.
Commission members discussed with the Planner issues of concern; he suggested
the Planning Commission as a group may elect to give input relative to traffic
access and visual impact on adjacent residential areas.
Miller also pointed out that the area is in a Shoreline District; he has
contacted the DNR and questioned if State mandated restrictions would apply to
the property, as they are quite stringent. He has not yet received an opinion
on the matter.
Member Zehm questioned when the project would begin.
The Planner advised that bids are scheduled to be received in the fall of 1989;
construction on the project would probably begin in 1.990, with completion in
. 1991.
Member Malone recommended the Planning Commission forward the following
statement to the Council, for their review and additional comments, and request
that the information be forwarded to the proper authorities in charge of the
project:
The Arden Hills Planning Commission has reviewed the plans submitted for a
training facility to be located on the Arsenal property, on the northwest
corner of Lexington Avenue and Highway 96, and forwards the following
concerns relative to the project for your review:
1. If such a facility need be constructed in the City of Arden Hills, we
recommend the developers strive to minimize the visual impact of the
facility on residents by providing sufficient screening between the
site and adjacent residential areas, or by locating the proposed
buildings further from visual range.
2. We further recommend that traffic ingress/egress be located solely on
Lexington Avenue~
3. We formally request information be provided to the City of Arden Hills
relative to use of the facility which would address nuisance issues
which would impact the City and its residents, as listed below:
a) Lighting, b) Noise, c) Odors, and, d) Pollutants or Toxic Materials.
4. We also recommend that the proposed buildings be utilized to provide
screening of the equipment currently stored or any proposed to be
. stored in the future on the site.
Commission members voted unanimously in favor of the statement as proposed.
- -
-, Rinutes of the Regular Planning Commission Meeting, November 4, 1987
Page 7
TRNG CNTR (Cont'd) The Clerk Administrator advised the Commission members
that she has had discussions with the local
architectural firm retained for the project; it appears that the architects are
. concerned with aesthetics of the site, however, they were not receptive to
discussion relating to rezoning. Morrison further commented that the architects
have considered utility hook-up on Lexington Avenue, in Shoreview, rather than
Arden Hills. In her discussions with staff from Shoreview, they did not
indicate they are receptive to such an arrangem~nt nor did they favor the
access proposed for Lexington Avenue, which would be directly across from their
shopping center access.
COUNCIL REPORT Councilmember Winiecki reported on itmes of interest
to the Commission.
SPEC. EVENT SIGNS Member Malone commented that he had read the City of
Shoreview recently passed an Ordinance limiting the
number of Special Event Signs issued per year to two signs per location; he
suggested the Commission request Council reconsideration of the Special Event
Sign Ordinance amendment.
After discussion, the Commission requested that City staff conduct a survey of
surrounding communities relative to limitations for Special Event Signs and
report on findings at a future Commission meeting.
ZONING DIST. STUDY Member Petersen questioned if the Commission would
consider discussion of another zoning category, with
density calculated at a figure between the current R-3 and R-4 Districts; he
also asked for the Planner's opinion regarding if sufficient land is still
avilable for development in Arden Hills to warrant another zoning category.
. The Planner commented that he has, in the past updated a map which indicates
undeveloped land in the City; he suggested that he could update the map and
present it to the Commission at a future meeting. He further suggested a
subcommittee could be formed to review the matter, and draft a proposal for
Council consideration, if determined it was feasible.
Commission members concurred to request the Planner to update the map and
discuss this matter at a future meeting.
ADJOURNMENT Moved by Meury, seconded by Petersen, that the meeting
be adjourned at 9:40 p.m. Motion carried unanimously.
(5-0)
Robert Curtis, Chairman .
.
...
,.
wehrman
. PLANNING MEMO bergly
mQD
To: Mayor Woodburn and
City Council of Arden Hills
From: Wehrman Bergly Associates. Inc.
Orlyn W, Miller, Planner n. plaza bIdg" ste, 220
Subject: Case #87-20 5217 wayzata blvd,
minneapoiis, mn 55416
Lot split at 3731 New Brighton Road 612 544 7576
Applicants: James and Carol Milton
Date: October 29, 1987
Reference: WBA planning memo dated June 25, 1987
In July of this year the Council approved a lot split and consolidation
which split a 150'-by-62.5' parcel from Lot A and consolidated it with
Lot B. (See Exhibit No, 1) This action was based upon the verbal
description and a drawing provided by the applicants. At that time they
were asked to verify that my representation of the requested subdivision
was correct, It was my interpretation of their drawing that the Miltons
intended to transfer a portion of their property to their neighbor to
the north.
A certified survey (see Exhibit No.2) submitted in October for adminis-
trative verification indicated that all the Miltons intended to do was
split their property into two parcels, Parcel A being vacant land west
. of the base of the slope and Parcel B being a residential lot running
from the base of the slope east to New Brighton Road. Since this does
not conform to the Council's action in July, it is returned to you for
reconsideration.
The proposal is considered desirable in that it divides the developed
residential lot from the undeveloped land at a logical point topo-
graphically, the base of the slope. I recommend approval of the proposed
split.
.
.
planning . landscape BJr:hitecture
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TO: VILLAGE OF ARDEN HILL - ZONING ORDINANCE
FROM: SAINTS VOLODYMYR & OLGA
UKR. ORTHODOX CHURCH
873 PORTLAND AVE
ST. PAUL MN 55104
DATE: OCTOBER 29, 1987
We are planning to purchase land (4.37 acres) on the
South West corner of old Snelling Ave and HWy 96 from
Mr & Mrs William Reeves, who are now residing in the
State of South Carolina.
. This land would be used by our perish to build a church,
a church hall, and a residence for our priest.
Therefore, we would like to know if there are any
restrictions to prevent us from building the three
buildings mentioned in this letter.
Your response to this matter would be greatly
appreciated. .
Sincerely,
~l~6 ;t~
1. Buhajenko
President of e Recording Secretary
Perish Council and
Chairman of the Trustee
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- ,. MINUTES OF THE BOARD OF APPEALS MEETING
VILLAGE OF ARDEN HILLS
October 15,1987
. CALL TO ORDER The meeting was called to order at 5:30 p.m. by Chair
Barbara Piotrowski,
ROLL CALL
Present: Chair Barbara Piotrowski, Rose O'Neill-Hedlund, Ray
McGraw, Dave Carlson and Jean Lemberg.
Absent: Councilmember Jeanne Winiecki.
Also Present: Dean Hansen, Vice-President, and Dan Ashbach, Member of
the Board of Directors, Roseville Bank.
, CASE #87-31 - SETBACK VARIANCE FOR ACCESSORY STRUCTURE, 4601 North Lexin~ton
, Ave., Roseville Bank.
There was confusion among the members of the Board as to which variances were
necessary for the proposed accessory structure at the Bank; in the Agenda
packet, dated 8-11-87, only one variance was requested; in the Planner's
memorandum of 10-14-87, 3 variances were needed, The Board was then shown a
third layout for the ATM placement, by bank representatives, at the meeting.
The Board voted 4 in favor (O'Neill-Hedlund, McGraw, Carlson and Lemberg, 1
opposed (Piotrowski), for drawing #2, as attached) and it's required variances.
There was discussion relative to whether Member Carlson should abstain from
voting, as his father is a member of the Board of Directors for the Roseville
Bank; Carlson advised the Board that he had no conflict of interest.
The members voting in favor of the requested variance stated the opinion that
. the requested variances would not negatively affect adjacent properties.
The member voting in opposition expressed the opinion 'that:
1. There is no evident hardship or "reasonable cause" to grant the three
variances necessary. There was no problem with the Bank wanting to relocate the
ATM for safety, visibility and access, however, it was her opinion that there
is enough yard area to place the ATM in a location on the site where only one
variance would be necessary for an accessory structure in the front yard.
, .
2, The proposal would create a loss of approximately 80 ft. of green area
and walkway, as shown in drawing #2.
3. Plan #3 (as attached) would be more aesthetically pleasing and only two
parking spaces would be eliminated, rather than 5 spaces as shown in Plan #2.
CASE #87-32 - REARYARD SETBACK VARIANCE, 1891 Lake Lane, Kieffer.
The Board voted unanimously (5-0) in favor of a variance; Chair Piotrowski
asked Delores Kieffer if a setback of 6 feet, as opposed to the requested 5
feet, would accommodate the proposed addition to her residence. Kieffer advised
that a 6 ft. variance would be workable. Rationale for request; there are at
least three houses on the street that currently have rear setbacks of 6 ft.,
due to the lots being substandard depth.
.
.' .. Board of Appeals Minutes, October 15, 1987
Page 2
CASE #87-32 (Cont'd) The Board note~ that on the east side of Kieffer's
. property there is a swimming pool and the garage is
located on the west side; which makes expansion in those directions more
difficult.
Member Carlson queried the adjacent rear neighbor; they had no problems with
the proposed expansion.
OLD BUSINESS
Member McGraw clarified his opposing position relative to the Parking Lot
Expansion requested by Deluxe Check; it was his opinion that the applicant, Tim
Nielsen, had not explored all other options for parking expansion, McGraw
commented that if it were evident all other options had been exhausted, the
Board would have liked the chance to reconsider the request.
ADJOURNMENT
The Board voted unanimously (5-0) to adjourn the meeting at 7:30 p.m.
Submitted by Chair Barbara Piotrowski
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__ PLANNING COMMISSION ,AGENDA
. Arden Hms, Minnesota
November 4, 1987
.
AGENDA
. REGULAR PLAN~ING COMMISSIO~ MEETING
VILLAGE OF ARDEN HILLS
WEDNESDAY, NOVEMBER 4, 1987 - 7:30 P,M,
VILLAGE HALL
1. Ca 11 to Order and Ro 11 Ca 11 ,
2. Approval of Minutes of October 7, 1987, Plannin9 Commission Meetin9.
3, Case #87-31, Setback variance for accessory structure at
4061 North Lexington; The Roseville Bank.
4. Case #87-32, Rear yard setback variance for room addition at
1891 Lake Lane; Delores Kieffer.
5. Discussion regarding proposed training center at
Lexington Avenue and Highway 96; Twin Cities Arsenal,
6, Counci 1 report.
7, Adj ournment.
.
*********************************************
PLEASE CALL THE VILLAGE OFFICE
IF YOU WILL NOT BE ABLE TO ATTEND THE MEETING
633-5676
*********************************************
.
wehrman
bergly
PLANNING MEr10 TIQQ5iat~
To: Arden Hills Planning Commission
. From: Wehrman Bergly Associates, Inc.
Orlyn W, Miller, Planner
Sugject: Case #87-31 n. plaza bldg., ste. 220
Setback variance for accessory structure at 5217 wayzata blvd.
minneapolis, mn 55416
4061 North Lexington 612 544 7576
Applicant: The Roseville Bank
Date: October 14, 1987
The Roseville Bank is proposing to install an automated teller machine
(ATM) kiosk in the parking lot at the northeast corner of the bank
site, The proposed ATM will be set back 50 feet from County Road F, and
40 feet from Lexington Avenue. Furthermore, the structure is within the
front yard of the lot, The zoning ordinance requires a 55-foot setback
from each street for principal structures in the I-I District. It
further requires that accessory structures shall not be located nearer
to a front lot line than the principal structure to which it is accessory,
Therefore, the following variances are being requested:
0 Five-foot setback variance from County Road F
0 Fifteen-foot setback variance from Lexington
0 Variance to permit accessory structure in front yard
. COMMENTS:
1. The Bank has stated the following reasons for relocating the ATM
(currently in drive-through lanes south of bank building):
a, Safety--People who use ATM after dark will not be hidden
behi nd buil di ng.
b, Visibility--Better visibility will improve safety and increase
usage.
c. Access--ATM users will not have to wait in drive-up lanes as
they do now,
2, The kiosk housing the ATM will be 8 1/2 feet wide, 4 1/2 feet deep,
and 8 feet high, It will be constructed of anodized aluminum
panels, with a backlighted sign panel above the ATM, The base of
the kisok will be approximately 4 feet below adjacent street
elevations, The small scale of the building will not, in my
opinion, detract from the appearance of the principal structure,
.
planning' landscape architecture
-, ,--
--
3, Because the principal structure is set back deep on the lot, it is
difficult to find a site for an ATM which would not be in the front
yard, except its present location in the drive-through area, I
. therefore recommended that the applicant at least attempt to
, position the ATM in a location that would meet the required front
setback (55') to minimize the variances required, An alternative
location which would satisfy setback requirements was evaluated by
the applicant (see attached alternative sketch), but the bank
prefers the proposed location for reasons of visibility, ease of
turning movements, and stacking space. The alternate location
would require only a variance from the provision that an accessory
structure shall not be in the front yard area.
CONCLUSIONS:
1. The alternate location for the ATM is preferred because it meets
minimum front setback requirements and will be less conspicuous,
However, the small scale of the accessory structure will not
substantially alter the appearance of the site even if it is
located as proposed,
2, If the Planning Commission finds the proposed ATM location acceptable,
the justification for the variances would have to be based on the
following reasons:
a. The setback of the principal structure and the established
vehicular circulation makes it impossible to place the ATM in
a location visible from both streets without placing it in the
front yard area.
. b, The proposed location for the ATM is necessary to provide
adequate visibility, safety and vehicular circulation.
c, The proposed placement of the ATM does not negatively impact
adjacent properties.
. nnrO CASE #87-31
PAGE 2
~.
Our AIM is currently located through the wall on the
south ,side of the building. We would like to move it
to the Northeast corner of the parking lot for the
following reasons:
1. SAFETY - People using the AIM after dark
would not be hidden behind the building.
2. VISIBILITY - Both in terms of safety for
users and to increase usage. (The bank
does collect a fee for non-customer
usage. )
3, ACCESS - AIM users would not have to wait
in the drive-up lane as they do now.
.
.
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IBM 3624-DIEBOLD 911
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DIEBOLD 911 DOCUTEL 2380
WE HAVE THEM ALL COVERED.
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Systems
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707 W. SPRING GARDEN ST. PALMYRA, N,J, 08065 (609) 829.1460
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. wehrman
bergly
. PLANNING t~EMO TIQQ5;m~
To: Arden Hills Planning Commission
From: Wehrman Bergly Associates, Inc,
Orlyn W, Miller, Planner n. plaza bldg., ste. 220
Subj ect: Case #87-32 5217 wayzata blvd.
Rear yard setback variance for room addition at minneapolis, mn 55416
1891 Lake Lane 612 S44 7576
Applicant: Delores Kieffer
Date: October 14, 1987
The applicant is proposing to construct a 10-foot-by-12-foot room
addition to the rear of her house. The existing structure has a rear
yard setback of 14 feet, The new addition will extend to within 5 feet
of rear property line, requiring a 25-foot variance (30-foot setback
required) ,
COMMENTS:
1. The subject lot is only 75 feet deep, This is typical of lots on
the north side of Lake Lane. Because of this limited depth,
enforcement of both front and rear setbacks would make the lots
unbuildable. This is why the existing rear setback is only 15
feet.
. 2, At least three houses on lots along the north side of Lake Lane
have rear setbacks of 6 to 8 feet. The most recent variance
granted in the area was a 24-foot year setback variance (6-foot
resultant setback) for a room addition similar to this proposal.
Reasons stated for granting the variance included the substandard
lot depth and similar encroachment of structures on adjacent lots.
3, Based on measurements taken from the topography map, the house
directly north of the subject property has a rear yard setback of
approximately 50 feet, Although neighboring properties should not
be expected to compensate for reduced setbacks of another property,
the existing large setback is considered a mitigating factor in
terms of building separation,
CONCLUSIONS:
Factors which support the requested variance include the substandard lot
depth, similar encroachments of adjacent houses, and the deep setbacks
of houses to the north, Past precedent in approving similar variances
also supports approval. However, the lot width would seem to permit
expansion alternatives to the east or west without increasing the rear
yard encroachment,
.
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TO: VILLAGE OF ARDEN HILL - ZONING ORDINANCE
FROM: SAINTS VOLODYMYR & OLGA
UKR. ORTHODOX CHURCH
873 PORTLAND AVE
ST. PAUL MN 55104
DATE: OCTOBER 29, 1987
-- ---------.-
We are planning to purchase land (4.37 acres) on the
South West corner of old Snelling Ave and Hwy 96 from
Mr & Mrs William Reeves, who are now residing in the
State of South Carolina.
This land would be used by our perish to build a church,
. a church hall, and a residence for our priest.
Therefore, we would like to know if there are any
restrictions to prevent us from building the three
buildings mentioned in this letter.
Your response to this matter would be greatly
appreciated. .
Sincerely,
f/~E: ;t~
I. Buhajenko
President of e Recording Secretary
Perish Council and
Chairman of the Trustee
-
-
-.-, ~
.
/\\
JAMES S, LYNDEN ", /
ATTORNEY AT LAW
.
November 4, 1987
Ms. Patricia J. Morrison
Clerk-Administrator
City of Arden Hills
City Hall
1450 West Highway 96
Arden Hills, Minnesota 55112
RE: (1) st. Paul Vacant Buildings and Nuisance Abatement Ordinances
(2) Revised Ordinance No. 251
Dear Pat:
~ In connection with the above-referenced matters, I enclose herewith
photocopies of the st. paul Vacant Building and Nuisance Abatement
Ordinances and the original of my revised version of Ordinance
No. 251 which I have revised along the lines of our discussion at
the last Council meeting.
At the last Council meeting I was asked to provide Council with a
comparison between the City's Nuisance Chapter of the Code and the
St. Paul Nuisance Abatement and Vacant Buildings Ordinances. The
two st. Paul Ordinances are much more detailed and specific; the
Arden Hills' one is very general. For example, the St. Paul
Nuisance Abatement Ordinance had three different types of abatement
procedures -- an ordinary one, an emergency one where the nuisance
constitutes an immediate danger or hazard, and a substantial one
where the nuisance is estimated to exceed $2,000 or the abatement
is to involve the demolition of the building. Under the
nomenclature "abandoned building" in the St. Paul Nuisance
Abatement ordinance, a building or portion of a building which has
stood with an incomplete exterior shell for longer three years is
considered to be a "abandoned building" and, therefore, a nuisance.
If the Arden Hills' Nuisance Chapter were amended to utilize the
more specific and detailed approach of the st. paul Nuisance
Abatement Ordinance (i.e., the best features thereof), with a
specific provision added thereto which deals solely with incomplete
~ , construction, then the City would have the added leverage in these
~ matters of incomplete construction to require the owner to abate
the "nuisance". The Council should also give some thought to
(612) 223-5436 (612) 297,6400
800 AMHOIST TOWER ST, PAUL, MINNESOTA 55102
./, \
'.
STATE OF MINNESOTA
COUNTY OF RAMSEY
.
CITY OF ARDEN HILLS
ORDINANCE NO. 251
AN ORDINANCE AMENDING SECTIONS 6-75 AND 6-128
OF ARDEN HILLS CODE TO ESTABLISH TIME LIMITS
FOR COMPLETION OF CONSTRUCTION ONE- OR TWO-FAMILY
DWELLINGS AND ADDITIONS, ALTERATIONS OR IMPROVEMENTS
THERETO (OR TO ACCESSORY STRUCTURES THEREOF) AND TO
REQUIRE BUILDING INSPECTOR TO MAKE DETERMINATION
THAT CONSTRUCTION COMPLETED BEFORE ISSUANCE OF
CERTIFICATE OF OCCUPANCY
. The City Council of Arden Hills ordains:
Sect ion 1- Amendment to 6-75 of Arden Hills Code Addinq Time
Limits for Completion of Construction. Section 6-75 of the Arden
Hills Code is hereby amended to read as follows:
"Sec. 6-75. Expiration.
(a) Every permit issued under this article shall expire by
limitation and become null and void if the work authorized
thereby is not commenced within one hundred twenty (120) days
from the date of such permit, or if the work authorized
thereby is suspended or abandoned at any time after work is
commenced for a period of one hundred twenty (120) days.
Moreover, in the case of a permit issued hereunder for the new
construction of a one- or two-family dwell ing, such permit
shall expire and become null and void if the dwelling is not
completed by the end of two ( 2 ) years from the date of
issuance of the permit , and in the case of one issued
hereunder for the construction of additions, alterations or
improvements to existing one- or two-family dwellings, and/or
accessory structures thereto, such permit shall expire and
become null and void if !:.he addition, alteration or
improvement is not completed by the end of one ( 1) year from
the date of issuance of the permit.
. (b) The term "completed", as used in subparagraph (a)
above, shall mean and include:
----
. \
. ( 1) Completion of all visible exterior construction;
( 2) painting, staining, or other exterior finishing;
(3) Finishing of driveways, and walks;
(4 ) Removal of construction materials, equipment,
debris and excess earth;
(5 ) Placement of top soil, finish grading, and sodding
or seeding of all lawn areas; and
(6 ) Finish grading of any swales within established
drainage easements necessary to accommodate natural drainage
of adjacent properties.
(c) The foregoing time limits may be extended by the city
council provided that a written application for such extension
be submitted to the clerk-administrator or inspector under
whose jurisdiction the permit falls prior to the date on which
the permit would otherwise expire. The application for such
extension shall state reasons for the requested extension."
Section 2. Amendment to Section 6-128 of Arden Hi lls Code
Addinq Requirement That Buildinq Inspector Determine Compliance
. With Section 6-75 (a) and (b) Before Issuance of Certificate of
Occupancy. Section 6-128 of the Arden Hills Code is hereby amended
to read as follows:
"Sec. 6-128. Required.
No building or structure in Groups A, B, E, H and I and
Group R shall be used or occupied, and no change in the existing
occupancy classif icat ion of a building or structure or portion
thereof shall be made until the building inspector has issued a
Certificate of occupancy therefor as provided herein. In no event
shall such certificate be issued until the building inspector has
determined that all construction has been completed, or extension
has been granted by the city council, as required in Section 6-75
(a) and (b) of this Code."
Section 3. Effective Date. This Ordinance shall be
effective from and after its passage and publication.
Passed by the Council this day of , 1987.
.
Robert Woodburn, Mayor
ATTEST:
.
patricia J. Morrison,
Clerk-Administrator
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CQum'll FII(' NGD OI,.llnnl\(.... No. 17~~.3 - Ily Vld'"rJ. T.,(",~!'o-- .
All Ordhulnec U:I:nrdlnll vftcnnl buildings amending Chnplcr 43 of the Saint
Pnu! LegisllllUve Code,
The Council of the City of Saint Paull!oc.!l Ordain:
SECTION 1 Sllbd. 4. The oWII('r ~holl noury the bulldln.lJ oUldnl of RIl)' Chll"lC!I In
Chnptet tJ of the SaInt Paul Lt't:I~lrlHve Code Is amended by deletIng It In lis Illronnlltloll supplied M pnrt of the Vll.Cflnt building tt'llstratlon withIn 3D ay! of
entirety and by substltuUng lhe followIng: . . the chnnr,e or upon p~yrn('nl 01 thl'! tied rt'J;lstratlon fee, whlchcvu Is sooner. If
Chaptet' 43. Vncnnt Buildings the plan (It tlmctnble for the Vflcnnt building chnnges In IIn)' wny. the revision!
must he llpprovcd by the building olllclnl.
43.01. DdlnlUolls, Suhd. 5. Within 30 dtlys of 9ny Irander or nn owneNhlp It\t('tc~t hi a v~cant
Bornded, ^ building secured by menns olher (han those used III the design of the building, Ihf' IIl'W own",r must ref!:lster or re.reglster the vacnnt bulldln!!: with the
buihlill~, bui1dln~ offici.,!. The new owner mud ('omply with the npPloved plan and
Uulidinr. oWelnl, The hc"d of the bulldlnR ImlJ!"(:t1ol1 rind d('_~ir.11 dlvlsiOI1 or tlu! timetnble suhmltted by the previous owner untll any proposed c~ange!l are
(\e!lndm('lIt of cotnnmnily ~['rvk('s of Ih(' city of Srllnt rnu1. subrnlll('() :\ml npprol/cd, -
DnllJ~t:toUS slruclllr('. ^ 5trlldlJTC which h l'ot(,l1tlnlly h:\1111,I"\10; to pf'r50ns or 43.0:L Vn('l1nt bulldlnR {e('s,
property Indlldllll1: but lIot IlIllH('t1 tu: Subd, 1. Th(' o\\"n('r of n vnennt bulhllng :;hnll PAY A fr(' lor lhe twtlod the buildlnll:
(a) 0 slrudllre which Is In dnnlter nf pnrllal orconlplrtl' colbp_~('; or r""H11n~ n VOW.Hlt building. 'I'he first ll'l' (lrlYlllcnt shllll be mnde no Intl!r Ihon 30
(b):l stnll~tur(! with :my ('](terlor potts which nre loos~or lit drllll!:~r or Inlllng; d(lY~ nUN thp II1l1ldlllg becomes 11 vncont building, Dnd thcfl':1ltcr shall he pllld
." onrl:' I'V"'Y 1hn'l' lwmtht;.
['" rt 5tl-Ul'tlltl' with :my pnlt~ 5\ll'h 11'1 n"I"'1, llOldl(''1, Inllllll~", '11:d,'1, l;1tn,,~, .<luhd. ?. -I II" \';I!':mt blllllllnr, f..(' h t:lrm,lIn pl't thre... mouth 1l"Ii(1{llo be plltd In
h;,)nlllk~, Ilr nmr'l which Ult' n"rt,,,o;lhl.. oml whkll tlt.. rlO,,'!' ('''Il''''~f'II, III n.I"'''IIt.,. If H,.' r.,p I~ nnl pnhl Itl rt 1I"1<'ly IIlnllrU'r, the OWIlf'r ~holl pay nn
dallJ:t"r of ('011r1J1511lr.. or \lIHlblt" to ~uflport the wclr.ht 01 UII., or nmre l1('rSI,"5, 1IfIdltl"tI:tl ".111.00 ,,:t,'h lI10uth rur tll... period or time the rf'e h ddlrHIUl'nt.
Own('r Tllo~" ~howlI to be thl' nWll{>r nr owtlf'r~ fill the I'{'('IH/I>; nf Ihe Rnm1>l!Y Suhd.:1. All dpllnqllcnl v:\c:Jnt bulldlnr, f('f's 5holl be pold prior to nny tmnderol
('mll1ty d"l'l'Illm"nl (If JlI'op..tty tn~r,ti'_'I1, or tho~(' Idt'IlIHkrJ :''1 tht' oWII('r or l1n oWI1H~hi" Ifllt'lcst In a vncnnt b\llldhl~_ If the fees ore nnl prlld prior to the
oWIl('r~ nil 11 vneolll hulldln~ r'-'r,i~lnlHf)n form or onwl' ll'li"hk ~o\trCl! of lron~f('l", tlw 11('1\-' Ol'll1er l1S well AS th", pl'l:!vlous oWn('r sh~lI be ,espallSlble lor
IlIforrtlnllon, ^I1Y such PNS(J11 ~hr\lI II:Jllc n joint (Iud $('I/('lnl ohllgatlon 10, IlnY1I1('1l1 nf Lh[' dl'linqllPnl fc-('s wlthln:1(1 tln)'s of the h:1l1~fl:!r.
. eOIllJlllrlllCe wHh lhe Jll'OvislollS of thl~ dHlpter, ~lllt,l. 4. 'It", bull.llnr; orriclrllmny w:tI\'lllhevf\ellllt b\llldln~ frr. H tin' owner hns
Tr(\I1_~r('r of:111 ownf'r~hlp Interest. TI;1l1~rl:'t of nn ownershIp 1l1l('lf'~t In:'l v:'l('nl1t flbtl1hll:,d hllil,!in!J fll:'ttlllts Ilnd hn!! m.,dc subslllnUtll pro~rt!s!l relurnlng the
bul1dil1~ O{'{'lIUI whcll n ((('('d or oLhf'r Instrumcnl or CflIlV('}".'lIH'(' of (l, leg:tl or bulltllnr. to npplnprlntfl occuPl1ncy or \l~{',
t'qul\nblt> title In,.1I or pnrt of the bulll1il1r,ls lendered by :t r,ltlnh'j or vt:'ndor ilnd Suh". rl. No \'~,r\llt 11tI1ltllllr, Ire ,,1t:1I1 hI' Itllpo~f!d or colle{'l{'d for A "nellnt
Attcpted by '" r;rnllle.. or v{'ndc(' for eOllslderrltlon ('vld(,llcin~ n snle or exch:Jllge blllhllll~ IlWtlN! by allY ~ov"lml1('1ltnl unit.
of IlIt('rl'sllllsald prollt'l-ty_ . 4:'1.01. lWl'rr.tinl1~. TIlt' blllldlll~ orrtdrll shnll caUse IIl~p('c11011'1 t.., be m:lde of
UI1Qcr;upl('d. A hulhllllr; whlrh Is n.)l brlnJ1ll~r.-d for its Inkmkd lKTlIIHmcy or n rlllY prop",l)' I1t ~lr\ldurt:' In th(' dt)' for 11,.. ,)u'1)O~(" of ('n'urdllA" find flssllrlll/J
bulldinlJ whkh IIrl~ lW('!l mdf'rl'd vlle:lt..d h)' tht' city. cOlllpllnrwe with tht' t'rrlvi'lJol1!: III thl~ dmptf'r, Upon rl!Q\l1'5t IIn nwner ~h:llt
Umr.-l~ured_ ^ bulldiur, or "ortlon of 11 buildlnr. which Is l'I"'11 to entry by pr(ldd" tll" hl1lldlllp' offld!11 with ;H"c('~'ll(l rll1lntl'rlor Ilortlol1~ "r on \lnOtt\lpl'ed
unnlllhor!zcd person~ wi-thout the u~!' of lools or tndders, bult.II'lr, III nld"r In lH'rmlt tht:' bulldjllr, officlnl to make n cOl11plde inspection.
vn.uI Idlllfl A building or portion of 0 building which n.lIrl. NlllHk:1UOII
lInoccuplfld ;md Is Sull'l, I. OWl' I'\'rry thrl'(, n1<lllth~ Ihl' bulhllng oUldr.1 ~hnl1 sp.Ild to the f:,lty
IJ ull";l'l'ur..d. or C'J1l1\ril n Ihl 'Jr 1111 v;:!('llnt bulhling'l whlrh h(lve b('(;n81" kl10wn to the bulldlllg
12) bOflldcd, or oUidnl dlllinr. 111[' "rN'(,lllng thrcc 1I1')I1lh~, l'l~ well n~ 8 Iisl of nil previously
(:1) n d:lnp,:erotlS structur(': or ' Il..d"-l,,'1 \,:\(':lI1[ bulldlllp'S whkh nre no 10111!:cr sllbJ('('t to the Ilrovlslons o( this
(b) has stood ul1oeeupl(!d tor long{'r thall one yerlt :Illd dl!11'1 l'f.
(I) hos multiple eXI('r1or housillr. or building eode vlol:lUoos; or Suh.1 2. Thl' Ii~t sll:-.II b(' In the (orll1 "':1 r('solutlon flnd dlrll1 include:
(2) hilS been ordered vacated by the- city. . (:I) Lllf' kr~:tl t1('scrlpHon of ench property;
.43,02. Vacant building reglstrnUon. (hi n <J..'.t:OI....UolI th;:!! Ih[' buihlillr. llX'rltr.-d th('r('on t!l :1 \'i'lC:1ut hulldlng
SlIbd, l. No Inter Ihn" 30 dnys n{lrr ;lny building In thl! city hr:-comr:-s 0 vllcnnt !'lIhj"f"lln (h.. tnrn:'l nnd COl!dItIIJll~ fll Ihl~ chrlllt..r, or Ih"llhc bulldln!!: Is no
blllldll}~. the owner shnl! register thf' building with the bulldjn~ oUldrll nnd shall Innr,rr.... \'f1r-llnt b"l1dln~ ns dl"fltl('d In this dlnpler;
pny the Ice M set forth In Sl:'eUon 43_03. . (e) all 01 oJ.'r tn the city c1l"rk to fI1(' ~ tOpy or the re-soluUon with thl! Homsey
Subd. :2. The reglstntlol1l<hnll bl! submitted on (orms ptovh'ed b)' the building COlllll}' Hr-cOl'lll'r.
.oI~lellll nnd sholl Include the following lnfotmatlon supplied by the owner: 4::1,00. I'<,nall il'~. Any fJ('r~(Jn vlolollnr! ntlY provl~ion of Ihls dlnl'l~'r or I)rovldlng
(0) A dl:"scrlptlon or thr:-,preml~es;' .; . f:llsl' lnhll m.,li'll1 10 (hc bul"Hll~ offil'1rllsholl be punl1>hcd as provIded by section
(b) the mimes lmd addresses or lhe OWller or owneT!l" I.Or, of th<:- S:11nt Prlull~~lslt\tlve Cod 1:",
(e) lhe nomes flnd lIddressc5 at all known lIenholde;": and all other parties 4:1.117. ^1L"rn;l1iv<:' I'H>c('<!ur('5." No1hil1~ In this chnptl'r s.hnll pn>hlblt use of
with on own(!rs~lp Interest In Ihe building; , pnl<:'"dlllt,~ nIlLh'ni7('d undl'r {:hnpt..r i5 of the Stlint Pl'Iul L"r.i~ltlt1ve Code or
(dl lhe pl1'rlod 01 lime thl" building Is (,xfleded to rl"maln vllcant: nnd 8 plDn Mlll11r:~nln ';,I:lLlIl..~ ~{'ctiOllS 46:1,15 Ihrollr.h 463.26. '
nnd Umctflbll! for rf'furnlflg (he buildIng (0 approprhlte occupancy or use !;!-:("l'IflN?
end/or lor dt:'mollUon or the blllldjl1~. ...
~llh", 3. AllY Jllon n.ud tlmf'tnbl~ !luhnllHl'l1 by thl' ow~er nnd "I'prnvl'd by the Tlli~, I JI di":lIH"" b d"I'IIl".1 a 1'",1 of I h.. s:llllt l'l"lll ,t'j:i~1:t1 i\',' (-"lII., :11101 ~hall
bullcllnr, offklrll 5111111 r(''111Ir(' till' I)WII('r Ime! nny ~llb~"'111,,"1 OWIlN'I to t:onllltlll bc Im'ut p<tl "ll'cI tl1l'lt'ln :It till' thlll' of Ih.. "..xt r('vi~iolll1f s:ll,I l,"r:hllltlve emlt'_
to nil npl,llcnbl!;' lows nnl! r..r.ulntloll'l ond shllll tr:-qulr.. corllpl"UOll within n
r{'a~.mnlJlt' pcrlod of time, 111t' oWt]~r Olnd :IIlY sub.~~qnel1t oWIlt'r~ .~hnH k('f'p the !'ir:CTION3
buildll1g st'Cured tlnd s:lfe nud (he bulldlnr, tlnd !!:roundg properly malnhlned "111;" Ill,li",,,,,... !>h:tll l"'f.f' 1'1[,'("\ alld be 111 rtll('(':10 drl}'s flfl~'r Ih IIns~:tl'!('.
until lhl' rt'h<l.blllt:\Uon or dl'n1ollton hrls bt:'cn completed. . :1PIII."\-,,l "11'1 pHIlIil-:.II"ll.
i\,I"ph-rI h)' thf' t:,,"nd! ~I;,~' 21, pm1.
Y{.:\'I ('''llI1rilm('mhcr~ Dlt'\\", n"tLlI1AIl, Scheibel. SOIlI1<'1I, Ted('Sl:"O, WII1'lol1
- fl tl;>\,~.. n
AI'I>ln\"('dMn}'21i.ltlR7.
GEUll(,F. "^TIMf:.Il, r.1rlyor
(tll,,~' :lO, l!laH
_. ._n_n
.
, ~';j!':l
~".:,,~rf . .
1" " '....
OFI'IClAL PROCEEDINOS OF mE COUNCIL SuW. 10. "1hl10Wl ~bIIl_. )loxliNt nbttt.1leM Ihe.U .-n 'lIba(.~,
_Ilit Of :fluid. whid! .... offMlt...lhtl"bMnu,! to Mallb, hurtful,
, . ....l'OIII. N03tlOUll ~ IkaU lIx!lloMk but Nt be limit'"'
10 an, _d .nlmat. Dr JHtrllou Uterwlf. putrid eareu., d_,ed
.aDINANnl aIllm.! maUer, Jrftn hides. or In7 putrid, IpOUed. roul, or
IItlnkirlC ~t, pork, fl,h, ollal, bid.., .klns. 'It, Jre.... .I1quOrt,
. CoIml:II rill No. "'ISI2 - OrdlnAnet Mo.'nfl'r _ B, Janke Rribllln and human or ,nlmal l:ttftJl1fllt. or man\ll't!.
William L.. Willoo- 8ub4. U. OwDer. Owner thall Dloeaft UlOIt!'~ to bt cnmft' or OWlMn on
All OrtUnIInN amealnl a..prlts 4~ .,.d IllS aDd de1etlD, Oapt.rs 42, III .t~ ~~, . tb.,...,n!JoftbellamM7count,dtpU1ml:atolproperVwaUOft. -,'
'If, and m 01 the s.b11 Plyl u.II:I.tl" Code,.~ tD JlUl.slMe\l, . . :.'8ubd.'... "nonal HrvJee. PenONlI ..~ _II mean IUV!c-e 11,1-
1bt CowdI of the C1tT of Saint hul Don 0n1t.b\: :,~. ptnoMlll1' bandlD...~, to the illte1lUd rtelr.lent orb, l"vln,..
eop, at thctnMnded nclplent',rnhl,neeorp elIIo'butlD.. "iUl-
SECTION J .. ptnon of,wl.bl, ... and dltereUon.
'l'b8t ChaplH U of lbe 8alllt hul t..,ulltlYtl Code! b ~led In Itt U111re\7. &ubi!. U. PrlVJ. PrlVJ thall be anJ lne of Don-nub. fixture for Ute noelpt
. UlCIltol"aP of hwnu ...ute lDelvd1na lUted \mitt ...ltb ..aultt ..
BttTJON , well u portable un1l1.
1'tI.t ctiapttlt 111 of the s.mt P.ul LeJblatlve Code Is ~pealed In III 8ubd.14. PropertJ, ~,..h.UmeMllnT,.reelollandwbeU1ervacant
mUm,-. or not, ..bether .n,. .t~tuno thereon II occupied Or not, Or
....hether lubmn,l!'d or not,
SECTION 3 Subd. 1!5. Rufuse. ~fun .ball nteln pulmclble and non.putmclble Ind
Thlt SectlOl1llIU.OI t.hrou,h 21".03 ot thto.Slml Paull:..erJllaUve Code I~ c:ombu.llble .nd non-combut-Uble Witte, Inchldla,. paper,
NJlllale4in thelrentu-.l,. _ pupane, mllterfal retU1tlnl Irom tbe bandlln" pror:essinl,
.tonge, p~pantlon, uTVlnlal10d e')nsumptlon (If food, ve,ebble
].',.: SECTlON " or Inlmal matter. offal, rubbish, plant wutes sueh u tttlt
Thll s.cUon 314.04 Ilr Iht Sllnt Paul L.,lalallv. Code hi amended by trimmings Ilr ,rau cuttings. ashes, Inclneralor residue, .trellt
....ebant:ln'It..I<<t10nllllDlbert02J!5.fJ5I!5. deanlngs. CDnstJucth:m debris, detached nblcle parts. and .olld
indu.trlll and market "..tes,
SEenON' 8ubd. HI. Rnpon.lble part7, A responlible part,. .11.111 be an,- on. or more
That ~tlons 214.OS thl'Oll,b 2U.01 of tbe Saint Plul Lelltlatlve Cotk a.-e 01 tbe tollowlnl:
:n:p'al.d in their enll.-ety, . _ (., .,ent,
(bJ .ssl,n~ortolletlororrel'lb,
SECTION (I (0' holder of I contnlet for deed.
That Seello", 21UO lhrouah 215.15 or the Saint Pllul Lelillatlve Code an (d) . mortla,ee or vendee In pOllenloa.,
"pealed III tbelr enUm,.. . (el reeelverlQ'oeeutor ortf'Ultee,
(. Inlet!',
SECTION l' <Il thOH Hsled as ownert on I .,.eant bulldlnl ~list...t1I:m form
naat Seelion 215.111 ot the Sllnl P.ul LellslaUve Code Is amended by lubrnlU", to the buHdlnl code otflt'fl' under cluipter t3 of the
chln.lnl Us 1ec:t1011l1umber to 21!5.091. Saint Paul LellllaUve Code, or
(b) other penon. firm. orc:orponthm Uercllmlapparent _trot.
SECTION' OVer * property, '
Thlt Seclions 1I!5.11 tbrou,h 215.211 of the Saint P.ul Le,lslatlve Cod~ an SlIM. 1'1: Un~led. An UIIOl'CUpled buUdla, tl I bulldinl whleb b IIol
repealed ill thelrentlret1. . . beln, used tor ltllntended oc:eupll1l:J Ilr I build In, wbleb bas been
or-dIned "CIted by the etty.
SEC110N , Subd. 18. Weed$., Wteds 'hall mun weigl and troublesome plants
That Stocllon 21!5.19 cf the Saini "'ul 1:..e,IslaUve Code 15 amended by eotnmotlly knoWtl as weeds including noxious weeds su~h II
eoeklebuTT, burdock, tumble mustard, wUd mustllrd. wild oats,
chan,ln. IUI<<UQII nl,lfDber to 215.092. CaQadilln thistle. oxeye daisy, quuk ,ratS, French Weed, and
SECTION 10 RLUlianthlltle. .
That Sections 215.30 thrvu,h 215.32 or Ule Saint Paul Lechla.Uve Code are "5.02.Nul~.
~pnled in Ihelr e"llret,.. A nuisance .haU met.n 'ny substance. matter, emission, or thin, which
e~ates I dancerous or unheaUhy tonditlon or whleh thrutens the public
SECDON II pea.ee, health, lallely, or unitary cDnditlon of thle ~lty or which Is oUenslve or
That Section Il!5.:s:I of the Saint PIIII Le.I,lln" Code Is amended by bala blichtlnalnDutrlu Iln the commWllly and whlcb Is fDund upon or In an:y
. ~ I~ teetloAllumberto2J5.09J. It.n.et, alle,. hi,hw.,.. raUl'O;Id ri&ht of .a" vtbtele, railroad ear, water,
mtaV.t10111, bulldiD&. _lion. lilt, lroUlldl. or otherpropert)' lotated ..ltbln
SECIlON 12 . the City at SatJlt Paul. "u1Janca _n lnelud~ wt DOt be limited to those let
.. '!bat Sedlon 115.34 or 'be S.lnt "'ul LqldlUve Code Is .mended b7 forthinth1lMeUIID.
8ubd.1. Ruluse, nOJl;lous subllances, haUlrdous .....utts. Refuse. noxious
d\anfin.lu serllOD number to 215.0lH. . . lubltartt'l!l, or tuuardolU ...t" layln,. poolled, attUlnulated,
SEC110N 13 . piled, ~t, deposited, burled, or dhchl~ upon, In. or flowh11
nIl Chapter n Of the Saint Paul Le,lslaUve Code Is Imended hy deletln,lt . lrom .ny property, struetUrt, or vdlkle; .Keept ror;
(I) refuse dl!poslted It plllces dleslgnatl!'d and provided for thaI
lD Its Intirety Il~ U._lI D LI ~ l"lIu_ ..... purpose by the Saint Paul LeCislaUve Code,
, CHAPI'ER 45. NUISANCE ABATEMENT S . (b) refuse .tored in .eeordaoee with provisions or tbe SainI Plul
45.01. DeflnUlOI\I. I:..ealslatlve Code or onhlde parts II0red In an enclosl!'d
Subd,1. Ahandontd bulldinr. Abanlloned bulldlnC shall meln any structure.
buUdln,or portion of bulldin, whkhhasltood with an Inrompll!te C~ t(lmpost pllts utabllshed and malntalnl!d ....lth writtlen
exlutor .heH ror lonluthan thrft :Yfan or In, build In. or portion- permission from the division of public health.,
thertilf which hasltoed WlOOl:\lpied for lon.Ier tRan one :year and Cd) dull anlmab buried ....Ith written permission from tbe
which meets 0I11e or mo~ of u.to rollowln, criteria: division or public heBlth. or .
(e) 'rftn hides llI'eelved, .tored, dres.ed, packed, or .old ..Uh
'oj utIIte'IIm, or written ptnnlaslon from tbe divblon of public bealth.
(bl bou1hcI. or
~I llavtnc JIhIItlple aluior HOUIlna Cod. or Bulldlnr Code Subd.2. FI~...~. PUet ot flrrwood in neea or J() eubk: feet .iored
--- doser Ulan. 10 leel to bulldlnp used tor- human blbltatlOl:l, plies of
u.......O<>cIb~lban ,ilr:kotltromptUltII..~..atJ_fTW/II~,
,.~ , (d) ~ as "Unlit lor Hmnan HabltaUon" punuant 't) fir plln of rJtl!1t'~ IIMfd Iftt IMn II 'tf(h~ olllhf! ,tl7lAtId
14 of the s.mt Paut Lqillatlv. Code. Subd.!. We-eds. Gnu or weeds whktl hl"e ,rOWD upon an, property to I
, 8u.bct.J. Abe.'-l ....dU..... AbatameD.t &tadUne ,"'11 MINln the date bel&bt 01 elaht or more lneb6 01' whim have ,one to IHd.
Mlonwlaldatbenw.-muatbe.baled uapedfled In.. written Subll.4I. SUlP1ant wlter. SlaJIIllDt WltU llandin, on an)' p:r;:rty. An)'
order. properly, container, or material kept In aueh a mn Itloa lhAt
.... . ~stnIIeturt~-Struct1Jre.aball_n.-n,. water ("an lIttWIIul.le .nd llamate,
IS-t1In1II?IIItiim"1r~WtJr~~~~~ ...... . Votndr ~ .!:m:uIltlllmwbi::bb.tir.,un_~~
IIxludin, but DOt limited to: em'o-ttement affir:et" _ ftll'ldUdve tn thI! n.rtio",p or bl"ll!l!ltltll of
'oj . structur. which la 1ft danpr 01 partial or eomplete mllapla: vermin 1ncludln, materilll stored leu than 12 lnI:hH oU the ,
"' ,round.
(b) a Ilrudu", .hleb hu any Utftiou:..rta '-uch .. ch\m.ne)'., Subd,(I, Vennln. InlestatloM. Infestations of vermin luch a' ratl, mIce.
- .Ivn, pordaes, 111I1n.. nlJlnp:. or ...hkb aN loose Of lD skunks. In.akH, batl, Inlekles. alarUn,., plleons, ben, wups,
tSanrer ot tallln,: or eoekrlUochH, or mes; eKcept for be8 0' pl'f'Ons kept with wrlUtn
(e) a structure whichbasa.o7 JMlrts sueh upon:het,ltalrt, nmp., permission from the di\'lslon 01 publle health.
nib, blk:onles, or roofs whlth aft aeeeulble and wbleb a~ Subd.7. Sanitary llruetures. Structures for sanitation IlKh IS prlvl"'5,
eltbe,eollapJed, in dll1,et 01 eoUapsln" or \UUlble to .upport vlulh, lewers. private dnllins. .eptlc tanka, cesspools. drain t1dds
apertc:on. which bl'lle raUI!'d or do not function properly or whkh are
8uM.4I. Znfortftl'lmt oUlcer. Enlo~t oWen....n rn",n the director ovuflowlnl, leakinl, or emana.tlng odon. SepUc lank$. Cl:!$.pools,
of the department of eommWllI, servltu. tbe dll'el:'lor 01 the ordstun$ ..hlcb a~ abando..ed or no lon,er In use unless thlt)' art
department 01 Ore IIDd ..tet, ~kes. the director of the emptied and ruled ..Uh cll9.n nil. Any vault. cesspool. or septle
deparl.merlt of pollee. or their- dul7 authorUed representllUve. tank ",blch does not meet Ihe tollowln, tt1lerla: \
&ubd.1. Extermination. ErlennlnaUon Ihall mean the endlc:atiOll or (a) the bottorn and tides Ire: cemented to make Impervlou. to
I'Olknta and other onnnin by any OJ' IU .pproved methoda lueb IS water,
polsotsln,. fwnl..Uon, or trappln.. (bl the bottom is at leallt six teel below It"Dde.
Bubd.'. Hlurdout Wible. HauordOVl w.lte lull mean liD7 .....te (c) ft~r vl!'D.tIlBtlnl pip" and CClven are provided, ~.
mlterlallO defined b, MIIUI. St.t. IlI.OlI, SuM. 13 or described or (d) t I. 1000.tl!'d at least 20 feet from any house. residence,
U'11!'d IS hauordoUl w..te In Minn. RulH Chapter 11)45, known IS buildinl. or public: Iu-t,
Minnesota Pollution COl'ltrol and Hau.roou. WI.te OlvlslOl'l C.) ilia c1eaned.t least ontt' I ,.ear. and
HaQlrdous Waste Rules. en tbe property lerved Is located.suc:b that connection 10 the
Sub!!. f, Interested part)'. Interested pliny .hllI' mean any OWller of public sewer Is Imprattlc.l.
record, OCle\Ipyinl tenant. or lien holder of record. Bubd.'. Manure nulla. ManUM vlullll which bave become oUenslve.
. SuM.'. Lut known address, Lut known .ddresllull mesa Ihe Iddress Manure v.uUs for atabl... wheft more than two horns are ktp(
&bown .. the recorda of the ItarIloIt')' count)' department of wbltb are not ~lellled twice- in elc" week. ,
propertJ' \aXatlon or I mOn! retent addrel' known to tbe . Bubod.'. UftletUred vnCMX1lpled buUdln',I. VIIllU'Upled buUdiql OJ' .~
~ "'lear, In tbI _ Df Cn1el not Ulted In thl!le . ... - . I . Gll00c:up1d portlOtll of bulldlDp ...bleb a'" UDMeUrwd,
~ tbe.... knowft add.- _u thsil aIIdms obtlmed by ~'''~itD1f .......... -- ......., "' ... ~
GIrl IIffbf an. a ~bM-.n:b. 'e;;;:.... a 01 tM IklIIt Plul Lqtslatlve
SuM. .. llan. By l1li0 shall...... bJ'.......lhIt tba 1'- ....lth the United ,. .1I~1~<<i"'':lI''"'''.iJ-d .
"'t.. PoItallkrvke dd....-d &e tM ndplMlt at'hb or her laJt lubd. n, . mc.... oned '-!14bIp whether or Ilot
koown ~ ',dlb Ilnt e.... poatap pz.paid thereon. ....~..""'''*Dt.,. 0IapilIr a .. ... "blt hul LqlslaUve .~
Cude. :,- . .'" ; t'
"
5
~'
&ubd, II. Huudi A"y thin, or tcondltlOl'l Of\ th~ prop~rt:r ",hlth In tho!'
. oplnlo" of th~ .nro~mftlt o!flcf'r m.y ronttlbulr to InJur,. ot any Subd,~, Ahlltltr 'tth.. ,.m~dilll8l't1on 11"01 1.lun m>ran III>l,ul fll"cJ
. Pf'r~rm p~~~nl 0" th~ P,oP""1)", " 15 whlth Ihlllllnd\ldrb\Jt
.- :~~,~~~mtl~ ~ ~:b..h:~~~J 'oundAIi"n~. op~n "",..Il.. Wlthl~lo!'.pecl".d.~dl'1NI7.lnot.tll"nub'ru-..
-'r1Inllion. r;>r tr.ppln, 45.11. Sublla"Ual II . I pnx:ed\lr.,
Mvkn. '- When Ow enlo~t ottleotor .....nnl,.. u..t.. INI.._ nlllt on.. J;lTOput,.
Subd. U. 'I~hu.,dl_ AnYlhln'llrt'1:lndltlononth"'prnp""ywhlchlnth~ .nd the~ost 01 abatement of tM nul.aoe-t Is ftUmaletl to.~ t..o Ihou..nd
opinion of t~ tnr(Jn:emtnl ofticertrt.tela II"" hu.rd Dr ....hlth II dollar-. or tbe _batement In'llolv... dtrrlblilon 01 . bulldl", r;>Ihtr than a
. vlol.tlon of tht FI~ Codt. .tructu.... It<<n.aQ' to -I rnldtnUal bulJdln. or th.. IIb.i'mtnt lubllantlall,
Subd..... Hultn nUllnls. Any thlnl orcondlllon on tht' plOP'"rt,. wl'dch In dlmtnllhu Int' va\ut 01 Iht' proptrty and .xn-plln th.. tan of an emPlIt'N''' U
thfc opinion ot the tTIfon:emtn! ofll~r cT'lalt's II hullh hn,ud Dr pro'llldtd tor In Section n.l2. III.. tlly .hllll ablllf lhe nul"~f b,. th..
. which b _ vlollllion ot .ny h..ltb IOr..nUIIUon law. p~ure dncrlb(,d b~llOw. A ,ood hJlh uUmatt of lh~ aba'tment costs. nlOt
Bubel. 111. St.tutf.OO COIlUllOJl Law Nul.._. Any thin, or <<mdltton Of! tb, llttual COllt calculatt'd aUt'r the abatemen' I. ecmplet..d. .hllll bl' thl' ba.l.
GroPfcrty which 1. kn(JWII to, tllt tommon Ilw ot th.. lalld, tlM- wMeb d.tfcrmlnn wh.ther thi. abat..mtnt proetdurt .MIl be'und.
tatutes ar IClnn...ob.. or the hint P.ul Lt,lllaUn COO.. as a Ilabd.l. Orden. Th.. ..nlon:ennnt afflcer .IuIU .erv.. . wrlllltn order upon
DulllllC'll!. Ult' owner, IUlnternt..d pllrtkl, .lId any rnpon.lbll Jl4lrty known
fS,0:3.VioIIUant. to tbe alflctl'.
8ubd.l. Na "nou lball, dlndlJ' or lndlm::lI,. or b,. omlnlon, c,.h' a , 11Ie ard.., shall conl.ln lhe follawln,:
Dull.~. fa) a d_rlptlon Gf the real ..tat.. whlcb I. lulfkl..nl- 'ar
Bubel.l. No OWMr lOr fftpomlbl.. ptrt, Ihlll .Uow a nul"ntt to ftrftIIltI ItkntltklUon and whleh lhalllncludt Ib.. l..,al dt!KrIpUon;
'(bt ttM1ofttkmott"bu"'nwtlltbtL~':
upon lOr In Ul.J' P"'Pft1J' or atNetu~ UDder hll or ber coutrol. F (do. "'r:r:ion 01 the nullanee MIl La UJIOIJ which It b
aubel.l. No DWMrot UI.,. truck. tnll..r. raUroad car ar nit, IOrotber "thlel.. , kll to be a nul.aflet:
ahallluve lh.. vtbldl! alandlnl 0[1 or alon, In)' .t~t. hllhwa" ,d) the ~medlal anion l"flIulred to abllt UM' nul..l!.ff; and
',",way. Dr J'I\]tqad tra<:k. Dr (Jther p!'Operty ....lthln the Cll,. of ,.) the ablt..lDt'fI\ d..adlin., to be .t..nnl"..d by tbI! ..nfo~mml
SlIlnt Paul CU'Tyln, or eontalnlDl allY refu.t, noxious IU'bstllrn:e. attlc:tr aUawlna a ....._ble 11m.. lar lbI ,"""pleUon 01 Iny
lOr haurdous wut~ tJteept u alhtrwlll! pamJtttd b)' lbe SaInt
Paull...ot,I.laUveC ~. ad Nq\llttd;
,. - .talemenl that II lht remedial K"llon II not tabn btfo~ th..
45.001. DllCloturl! 01 leSpan.lblt put,.. .batltment deadllnt. tb.. matter will ~ ~'t'l1N to tht City
Upan tht J'lequtst ot thl! enforc-ern'!!nt ofllcer or Ih~ tlty clerk, I rt$ponslble Cou""U ..-ho, Ilter a public hearln,. may (Jrder tilt' ~Ity to
party or owner Ihan di5Clos~ thl! name at Iny other responslbl~-par1y or abat.. the nulsanc.. and cha"'l! .lIc-oslllf)('\llTed lI,ahl.lllht
ownu knO)Wn to him. Thll .baUlnclud.. but not b~ Ilmlted to th@PI!nol\!for ~al estate as a .peclal asse-nm..nt to be eall..ded In th.. slime
wbOm h.. b !&elln" trom whom he II leullll the property. 10 ....hom h.. It mannn as tht!.
leallnl th.. property, with whom he .hllres joint own..rtMp, or with wbott:!- h@ Bubd.2. NOtlc..tOpubllc.
hu an,. eDn'lltYllncln, eonttlct. Whl!n IIn ordt'r requl,,", txcluslvtl,. or as.n IOptlon, th.. d@molltion
4.5.05. Inspection of unoecupled buildings. r;>l a building, the public shall be put on MIllet III fOlllows'
An owner or responsible par1y shall, I.lpon thl' requesl or thl' l'nrol('emenl (I) A l'o1>Y of the order Ihlll1 b~ pl.ted on fiI~ In Ih.. Office ot th..
orncer. provid~ th.. ollie., with aClt:l!!I to aU Intuior portions of IIn CltyClerk.
unoccupied bulldln, 1n orHr to permit lb. officu to make' a C<lmpl!'t!' (2) Th.. ..nforcem..nt oHlctr shllll noUfy tl>f City Council of each
lnIpeetion, proputy lubject to a d..molltlon ord~r a5 tollow.. Elich month
4S.lJtI,.Ordvtol'''Ut. th.. tnforument oHietr .halllt'nd to th~ City Council II IIs1 of
In the ItVtIIt that an ~(Offtml'nt offlcl!r r;>burvn a pt'TSon creallnl!: a theprOPt'rtlt'Slhlllhllvt'become,ubjeclloademOlltlononln.
The 11.1 shall be In th~ lonn of a T'lsolutlon dl:<"lartn, Ihat IIn
nul"n~. tlw officer ",--y, .ltAtr p~nthl' p~r k1entUlcaUon, order that ..nfClrctment acUon has be..n l'ommenn-d Ind Ihal.1S . T'lsult
the pe~ n-IIH eftaUnl a nul...n~. or tht nuiun~ .hlus of I bulldlnlJ on the proPfr!y an ordtr
4S.01.l:ntore.met>t oUlcer .uthorlr.ed toentn. hIlS been luu~d delallln, tht '11lollltlon, and T'lqulrin"
Thl entan:eml!nt olUc-er sh.U bo! authorized toe"t~r IIny property oratl\lCluft ~lIc1uslv..ly or as In option. that the building be d..mollshed
In Ita elt,. tor th~ putpO!l" of lufore1n, aIld aUl.lrln,l tompllanCt! wUh the Ind Ihat II copy of Ihls ordtr Is on 1l1~ In Ih~ Olllce of tht City
provtIIOl1lr;>flhl'Cbllpter. ' CI~rk. This rt:solui!on ,hlllllnclude Iht legll.l dt'Scrlptlon 01
45.08. Autborn,..toabat... ..achpropertyand.hanauthorlreand dir"l'l theclt)'c:Itrk to
me a tOlpy 01 th.. tnolutlon wllh Ihe RamS('y County
Subd.l. The city II lulhorlzed to ebat~ nubanctli In llceordanc-e with Ihe Rf'Corder,
proc..dures set torth In Sections .~.lO, 45.11, and 45.12. All Subd.3. Settlns helrlng dat~.l1the nm~dlllladiOln Is not laken wllhln th..
abllttmtnl eost.lncurred shall bt charII'd .galru:1 th.. property as II t1m~ specifird in the written ordfr, Ih... enlol('rmtnt offic..r mAy
'peeiel IIssessmt:rll to be coll..<:t..d In the manner provided for In tht notify the Clly Council thai lubsl..nlial abal"m~nl Is necessary
Clly Charter. Chllptl'r 14, Itll:~pt wht'n . ~Utst b lIIed for a and IIpproprtllh. Upon btln, Millied by the departmenl. thl' Cily
~yl...... 01 IIn ernugency abatement the asSt'nment hurln, snail ~ Council shllll. within two wel'ks, fix a dntl' lor an abatl'ml'nt
....placed by tht hurinl prCl'lllded tor in 8E'<:llon 45.12. hearing.
Subd.2. Abatement may Include but shall not bt Hmlt~d 10 T'lmo'lllll, Subd.4. Noll<:fc. WrlUtn notice ollht tim... daLe, plll<"t' and subjtd of thl'
dunin,. Ixll!nnlnaUon. l"Uttlnl, mowln,. -Iradln,. sewtr repaln, hearing.hall be given IIStt 10l1h In this lu\ldl'lllsion.
dralclnl, .eeurlnlJ. boardlnl UPlllC('1,lpl..d strncluTt!:S, barrlcadJn. or ,., Th!' city elerk shall Imrn~lately nour,. lht entore-tm..nt
I..aclnl, temovln, dan,uous portions ot .truetures. and
. demOlition ot danenous ,lNctures or abandoned buildings. olllcu.
C.. At 1t'ast lhlrly dll)'1 prior to tht' hurln,. lh.. fnfor<<Inl"nt
. 8ubd.l, Abatem..nt cotls IhaUlnclude thtcOlt of the Ibat..tMnt; tMl'OtI or officer Ihall nollfy by mall I cllllen partklpaUon district
:(,1. lnvKtlllltlon, such as Utlf searc:hita. Inlpectlon, and t"tlne; the council lor th.. district whne th~ nuisance II located
l'0!I1 of notlflutlDn: mJnl COlt,: and .dmlnlltratlv.. cost.. ~qU"lInl that U notlly the lurroundlnl!: property own~n Ind
45.09. Suvk... tll'l'upanh.
Wh"n Itrvll'l' 101 an or-du or t1otlc-e h requlnd. anyone or mor.. ot tht ,., ^tltllSltendaY$prlorlothfch~arlDI,lhl'..nfolTl't'llentolfker
101l01l'1D1m..LbodJ of I~rvlct 'baU bt! ad..qUlote: "'all noUfy Iht own~r Ind all Interested parties by personal
Sub4.I. by ptl"llonal .trvICl!: or "rvi~ 01 the notlct upon lh.. owner or hll duly _..Ihorlztd
Bubd; I. . by ma.1I, unleq It b a written order which ,1'IIn three da,.. or I"s It!prt.tnt.t1n a/lod 1Jpon Hl'h lnterntl'd part,. or his duly
authorl~ed represtntatlvle. When the recipient I. out 01 town
.~., tor tb. eompltUon of IIny IIct it ftqultt:t; or or aU", renonable I'llor! penonll' St'rvice c:annr;>l be mad..,
Subd.3. If the Intendt'd recipient or I'IIs addrnl <:lInnot be detennlnN artl!r oI!lthtr of the followlnl melhods .hall bt' conslder..d IIdequate.
~ason.bl.. ..Uor1, by pattlnl a copy ot thle ordl!r In a con.splcuous U) by conflnned man s~rvlc:l! which is ..lther certified mall
plllce on Ih.. pr(Jp.er1y. wllh sllned receipt T'lturned Ot nrst dus ma.1I tonlinned
tf a maned ordt'r or nollce Is "turned by tl1~ United Statu Po!lal Service. A ",oJ". by wrlllrn responn or by phon... convenlltlon.
,ood faith ..Uert shill be mlldl! to d..te-rmlnfc th.. co~t addras. unltsl II (2) bl mallin, thl noUtl! to th.. lut known add,"1 and
.-t' orden abltenient and thai abatl'llll!lll baa betn complet..d. " publlshlnr tht noUn onct I wftk lor 1....0 w....ks In I
4U&. Abal~matt p~\lre. ft,wsp-Iper or pn~rll circulation In th~ City 01 Saint Paul
, Unl"s tilt' DubaDl'e II a. deserlbtd In SecllOM 45.11 or 45.12. tb.. dt, ml,. and postinl tht nolk.. In II conspicuous plaet on tht
abat.. the nulunct by the proc.d.ure described bt!low. bulJdlngorprop.erty.
Subd.l. Ordt'r. 'Jbe enlon:etM'nt IOftll:1!r .ban ..rve . writlltn ordu upon ,d, At least ten dllys prior 10 tht heulns, tht I!nfort..m..n! Oflll"tr
, \hi ""'.... n. wrllttln order Ihall allO be "rv" upcm any $1'1111 notify by mall .ny I?!iponstbl.. psriy known to Ih~ ton.
A I'Hpmuilble put,. known to the oftletot and may be HrvK UpoD. tore..rnfcnloffJeer.
ii.' an,. party kn01Po'n to bay. tauaed the n\llnne... . $ubd.S. H"lIrln,. At the Ume of the public Marlnl:. the City COul'itllshall
Th.. written order .hall contalll tIl, 'oIlO1Po'ln,: I Mar from the enforcemt'nl olfktr and any other pll.rtit'S who wi~h
(a) a dt'tCrlpUDn ot tho!! real "ta.te I\IftlCl.nt lor Idtrltltbtlon; to bt' heard. After th~ hearing, tM Clly Council .hall lidOI'I a
fbl a dttcriptlon Ind th. locallon of the nulunt.. and th.. rt$olutlon. dt'scrlblnc what IIbetement actlon. if IIny. 1\ deems ap.
fftrItdialactlcm nqulred to lba~ tbe nuls.net. . proprlatl!. If th... l't'Solutlon eall$for ab.t..ment .dion It may fclthf!r
", the abatem..nt \lelldlln... to bto dl't..rmlned by the entomment order th~ elty to t.ke tht abalf'ment adlon or 11:1: . t1mt within '
~ ';.."/, offlC'tr allowlnJ. ftUODIbllt t1mI!.or the ptrf01'ml1lCl! ot.DIY whleh lbe nul&ll'lC't mu.1 bto .bated and provld~ thllt H corTttllve '
,...._. ',I'ttrequittd;' .. _' -Idlr;>n b not tak..n w\thln Ih.. specified Ume. th~ clly .hllll "bail'
'1;-: -:'" (d, a alaWmen' thIIt the IOrder ma,. be arn:1td and a bearinl the nulsanl''', Tht' dty ~Ierk ,halllJlv.. a copy lOr this R'Solutlon to
';"*.~r,:oI:1.'" betore tM.CJty CoutIen IOblalced bJ' I Inla ,wrIlten 1't'q1HS1 the departml!nt who shall mllll copies to the samt' plrtles required
. ", .I.th tMclt,.~lerk bl!foretbeapptal d..adUnof' whlchahall bI! to be notlUt'd In Subd. 4.
tho .b'''~1 ...d"!II :n1~~~~' ~ Mlii'.: 4S.12. Emel'll!ncy Ibatll!1nent proc:tdur~.
., ,. .taolend.r dlyl artt:r tPSI~ s 1o..t ' Wht'n the t'nfon:emE'nl Oflll"tr drt..rmlnl!' that I nulu.nef' t'xbh on II property
. J flnl; and h 1 and tb.. nulsanet f!onsUlult'S an Immedlalt' dan,er or harard which If not 1m.
fltl - .tat..motnt tbat Utt'l, ~mtd~"A'*'t~n la a~faken nor a medlatl!ly abated will endans:er lht htalth r;>r ..(@Iy of the pubJlc and thtT'l
~Utllt for a public ""fl,rinjf III t ~1\e lfI' Il'rk wllhln dotS not "JdltllUflldl'nt tlmf to ,In wrltt..n noUCt' ta the owner of the d.
lht lime IpeeUit'd. Uudt)' will ltiall!'the'IlUIs.8_rIii and char'ie feet" property. the city "nIly abat.. thl' nulsllnteo by the ptol'tdu~ dncribed
;. . ,Ul'Vlits lno:urred theT'lm "lIlnst thl! ~1I1 tstat~ as a .peelal belo..-.
uat:unnnt to bo! tollf!cled. In thl' Iam.e. manner III property 8uhd.l. Ordu by mayor. Tht' e1t,. ,hln order tml'rponey abalem..nt by .n
tUn. _dmlnistrallv~ order to bit sl,ned by the m.yor. A Coo6 lalth t'llort
Subd.!. Sl!Ulng htarln, dste. In th.. t'llenl that an appeal I. fIIN with th.. ,hall be made to Intorm the owner that th.. ~Uon Is beln, IlIken.
~Ity dtrk, the City CouncH :thaI] ....lthln two wteks fix a date- tor a Bubd.l. Notl("tj of thl' abat..mll!nl. Follo"ln, an lmar'leI'IC1ablllement .,
publk hearing... ~ SOOfta.. thtcostll~urrtd .rekno..-n totht'..nforcem..at ollleer, hot
Subd.'!. NoUl"t. Th.. dtl dl'rk sha.lllf'nd notll't of th.. dele, t1m~. plaC'l!, and .halllttve wrllt..n notlc:t upon the owner. Th.. MUCt .haUconlaln:
.ubJecl of the ho!!lIrln, by mllll to thE' OWMr and known responslbl.. fa) a dfl('rlpllon of th.. nulsanCt,
plttl..,. Th.. city elerk sball also notify by mall a - tUb", lb) theacllon tak..nby'thl!c1ty.
Plrtl~a.tiondlstrlctcounelllorth"dl'trlclwhnethenulsal'itela lc) tht nasons tor Immediate action,
locat rl!'quuUn, that It notlty thfc .urroundin, proJH!'rt, OWllen Id, tbI! cOllis l~urred In abaHn, th.. nulUn<:I!, and
. and DCCUpantl. 'I'bt!! ~It, clerk .hall ..110 noUty Ih.. d..parttTJoent Ie) a .tatem..nt ,that th.owner may req~I, by wrllln, to lbtell,
Subd.f. Hearins. At lb. time 01 thl' publ~ htatfn,. the City CeuneU,hall .tlerk within tt'n wr;>rklni: dey. of the dllle 101 the nollc-e, I
" he., trom tht enfo~m"nt ortlcer, Ind .ny ather partl" wbo....lsh t hearln, al ....hlth tho!! Clly Counell .han ,!vlll!w tht' arllan.
,..~~ to be heard, Alte-r tbe hfcarln., the CIty Council may cannnn lOr ..kiln by U. ""'rtmenl.
,~;, ~. ';, -..Ilty tbe .".., of Ute _trnwment ottku. It 1M order I. SUbd.J. -..tlat blllrln, dal... 1ft 1M ItWnt Utat 1M -.r ftlt!l-l tequnt lor
".,~., Malirmatl, the C117 CouncIl abal1, in tile ...olutlon. fix _ Ume . ,........ oj 1M -'Ion, wltb tIN: clt, 'Ierk. the en, Council .hall
. ,. )~' .-Ithlnwblch thellulJanc:tllllWtbtlbllted andshaUprovldethat It wllll.In two __Ill tbl a fttl for. public bftttnc.
.'t '}' eWnctl..... arlfr:ll1 II no\: taken wltblD the -I1IrI.. specified. the I0I'l1,. Subd.4. Not~. 1bedt,. clelk aU DOUty lhltdtpar1mellt arid the_ntr 0'
:::~ :. -y Iblle the mdllDcl!. ". ell,. eluk "II mall a copy at tnll
.~:. ,==:on.'!KIDIl)lUtl,.nqulndlllbeDOtllltdinSubd.30tW. tM "t.. lime. ptae.. arI' NbJeet of lbe hetorlnj.
. J
...,-<- -
SuM.5. H..""I. AI In. IImt of the .....rin;. a'If Clt)' Coun.:ll.halJ hUT
lIVID I~ Inlo,"ITlt'n1 olla,.ad an, olhe, p.I"l" who whh to ~
_rd Altltl' the hearinl tM Clt, tovndl may adopt.. reolutlon
...,1111 an _"~t for ,II or.. portion of U1.. l:OSh Incurred b,
1M lkpartnwnt In ..hUIlI 1M nul..nee. A eDpy of thl!' ruolutlcm
1Ib.1I b. 1nlII1I.d to tM owner. A C'Opy lhall .111.> b. ,lvl!'l1 to tht-
. _,,_t.
fU3.hnalt,.
Azt,penor. "boYiolat"UF fOYI,lon ofthl'Cblpte1"or r.u, loeomply,,,,Uh
IIlla.ful .r1tten 0I"de, 1$1\11'1 pun"'nl to Sectlont 45.10 or ~S.ll or .. 11'11,"'11
"..rbll. order IlIued plIl'1lUant to Section n.oe .Ib.n be I\lllt, of ..
mt.demeanor.
45.14. Other l'ttIedlu.
"Olhln, In thll Cupler ,han ~ eonstl'\lt'cl .. relatlnll to Saini Paul
Leal.lattve Code. ChtIpler 113 pert.Jnln, to Inow remov.1 or Chlp!rT 183
pertatnu.1 to abandor'led vehleles.
SECTION 14
Thll O,dhllUIl:e .hllll take dIed and be In '(In:e 30 da;YI aftt'r Its pan.,le.
opprovalandpublkalion.
Adopt~ by the Council D~embt'J II, 1m.
Ye.. - Coundlrnemb4!1'1I Drew, Nkoda, Rettm.n, Scheibel, Sonnen, T~nco,
.....Ilson - 'I. thy. _ O.
Approvf'd December 18, 1'1186.
GEORGE LA'I1MER, Wafor
lDeeember 10, lUS)
.
.
.
J
----- -----.---.---..--
,- .a'
~ ~ .!~) 1/.. )
JAMES S. LYNDEN
ATTORNEY AT LAw
.
November 4, 1987
Ms. Patricia J. Morrison
Clerk-Administrator
City of Arden Hills
Ci ty Hall
1450 West Highway 96
Arden Hills, Minnesota 55112
RE: City's Purchase of Property at Hamline and STH 96
Dear Pat:
. I enclose herewith a copy of a letter I have sent to Jim
Stolpestad as well as the original of the Purchase Agreement which
has been fully signed now by all parties. The $25,000 check should
be sent to me by the end of the month. I will deliver it to
Mr. Stolpestad.
very truly yours,
JSL:dew
Enclosure
-
.
(612) 223-5436 (612) 297-6400
800 AM HOIST TOWER ST. PAUL, MINNESOTA 55102
.--...,..-. ... "-'."-.'. ...,,-.-.....-...-..---... .. -"..._.."....._....~~-~.._,..._....~-_. ... .......~
,
JAMES S. LYNDEN
ATTORNEY AT LAw
.
November 4, 1987
James A. Stolpestad
Attorney at Law
2800 Minnesota World Trade Center
St. Paul, Minnesota 55101
Re: 96 Hamline Partners Limited partnership -- warranty Deed
.
Dear Jim:
I have reviewed the Satisfaction of Mortgage, the Termination
. Statement, Quick Claim Deed from American National Bank, and the
Warranty Deed from the Grudnoskes and am of the opinion that they
satisfy Requirements D, E, F, and G of Schedule B-1 of the title
insurance commitment. The Warranty Deed from 96 Hamline Partners
Limited partnership to my client, however, does not satisfy
Requirement H. in that it names the grantee as the .Village of
Arden Hills". The grantee should be "City of Arden Bills".
Please make that correction.
As I advised you in our telephone conversation earlier this week,
the additional payment of $25,000 shall be paid to 96 Hamline
Partners Limited partnership by the end of this month, which
payment will be in compliance with ~ection 1.2 of the Purchase
Agreement because the Purchase Agreement was not executed until
the end of last week -- i.e., on October 30, 1987.
very truly yours,
,
JSL/dew
. cc: Ms. patricia Morrison
(612) 223-5436 (612) 297-6400
800 AM HOIST TOWER ST_ PAUL, MINNESOTA 55102
r,
,
....' ~- .
.
PURCHASE AGREEMENT
PURCHASE AGREEMENT entered into as of July 28, 1987, by and between 96 HAMLlNE
PARTNERS LIMITED PARTNERSHIP, a Minnesota limited partnership, c/o 1500 First
National Bank Building, Saint Paul, Minnesota 55101 ("Seller"); VILLAGE OF ARDEN
HILLS, a Minnesota statutory city, 1450 West Highway 96, Arden Hills, Minnesota 55112
("Buyer"); and GP-BAJR, INC., a Minnesota corporation, 1100 International Centre, 900
Second Avenue South, Minneapolis, Minnesota ("GP").
WHEREAS, Seller is the owner of the following tract of land (the "Land") located in the
Village of Arden Hills, County of Ramsey, State of Minnesota: ,.
All of the following described parcel except the East 220 feet
thereof: the Northeast 1/4 of the Northwest 1/4 of Section 22,
Township 30, Range 23, except the South 3/4ths thereof and
except the West 397.5 feet thereof (containing 197,399.24
square feet).
WHEREAS, Seller had entered into a purchase agreement with GP for the sale of a
portion of the Land located in said Village, County, and State described as follows:
. The West 200 feet of the following described parcel; the
Northeast 1/4 of the Northwest 1/4 of Section 22, Township 30,
Range 23, except the South 3/4ths thereof and the West 397.5
feet thereof.
WHEREAS, GP, for the consideration described in Section 3, has agreed to release Its
rights under such purchase agreement In exchange for the right to purchase the following
the following tract of adjacent land (the "Adjacent Land") located in said Village,
County, and State:
The East 220 feet of the following described parcel: the
Northeast 1/4 of the Northwest 1/4 of Section 22, Township 30,
Range 23, except the South 3/4ths thereof and except the West
397.5 feet thereof (containing 61,292 square feet).
WHEREAS, Seller shall reserve a nonexclusive easement for access purposes for the
benefit of the Land over and across the South 35 feet of the Adjacent Land (the
"Easement Area");
WHEREAS, Buyer wishes to purchase the Land, and Seller Is willing to sell the same,
upon the terms and subject to the conditions of this .Agreement;
NOW, THEREFORE, the parties agree, for themselves, their successors and assigns, as
follows:
.
i
,
.
1. SALE AND PURCHASE.
1.1 PURCHASE PRICE. Seller hereby agre~s to sell the Land to Buyer, and
Buyer hereby agrees to purchase the same from Seller, together with rights to the
Easement Area, for $404,800.00 (the "Purchase Price") as follows:
(.) Th. W,,"'J, 300 f." ., ,.. Lon' ("P~,J A") ~"iolog 83,'80 JH'ij;
s~uar7J-eet for $158~ "JeI1t<<- ~~~ ~rrpr , s-~C; ~g;- fJwp
w: Mal, $ (/" ~M ffW".J' <;dI.
(/ ,
(b) The Easterly 220 feet of the Westerl 520 feet of the Land
("p~'~ontai~1,292 s~uare feet for $21,700(", %.J~ ~ th-e.;;oe.k~ti:P
nf. ,... r"lt. I. (8) aIJ~ve. j a '
(c) The Easterly 188.54 feet of the Westerly 708.54 feet of the Land
("Parcel C") containing 52,527.24 square feet for $117,300.
(The Purchase Price was calculated at $1.90 per square foot of Land area plus a rounded
796 interest factor on the deferred portion thereof.)
1.2 EARNEST MONEY. Seller acknowledges the receipt of $15,000 as earnest
money (the "Earnest Money") for the transaction described herein. Within 30 days after
the date this Agreement has been executed by the parties, Buyer shall pay Seller $25,000
in additional Earnest Money which, together with the $15,000 in Earnest Money
. previously paid, shall be applied against the Purchase Price of Parcel A of the Land.
2. TITLE.
2.1 EVIDENCE OF TITLE.
(a) Buyer hereby Objects to title to the Land because of Items 1D, 1E, 1F
and 1G (the "Objections") contained in Schedule B-1 of that certain commitment for
owner's policy of title Insurance attached as Exhibit A dated July 23, 1987 (the
"Commitment") prepared by Land Title, Inc. ("Title"), Arden Hills, Minnesota, as agent
for First American Title Insurance Company of Mid-America. Prior to or at the closing
of Parcel A, Seller shall deliver documents to Buyer which shall be reasonably
aatisfactory to Buyer and Title to discharge the Objections whereupon any objections to
title shall be considered withdrawn.
(b) Prior to or at the closing of Parcel A, Seller shall pay all real estate
taxes assessed against the Land and payable In 1987 and prior years as indicated In
Schedule B-ll of the Commitment.
(c) Buyer shall accept title subject to Ite ms 9 through 11 listed In
Schedule B-II of the Commitment.
.
(d) Objection to any other matter disclosed in the Commitment Is hereby
waived.
. 2.2 INTERVENING LIENS. From and after the date hereof through the closing
of the last parcel of the Land, Seller shall not make, do, execute or suffer any act or
omission whereby the Land or any part thereof shall be Imperiled, charged or encumbered
in any manner whatsoever and Seller at Its expense shall promptly discharge any lien or
encumbrance so placed against the Land or any part thereof. ~~l
2.
~, _J..__~_._..~
,
.
3. APPROY ALS.
3.1 SITE PLAN. Buyer shall provide all subdivision, lot split, site plan or other
approvals arising or resulting from or necessitated by the transactions described herein.
Buyer hereby approves the lot split resulting from the division of Seller's property Into 'n'~
the parcels designated herein as Land and Adjacent Land, and approves the site plan for Buyer l
the Adjacent Land submitted by GP, a copy of which Is attached as Exhibit B,'" Buyer Sell "
shall have no rights over any part of the Adjacent Land other than the Easement Area. A.P
3.2 ROADWAY.
(a) GP shall have the right, at its expense, to construct an entrance and
roadway from Hamllne Avenue to the Adjacent Land In the cross-hatched area shown on
the attached Exhibit B. Such construction shall meet reasonable Village standards to
permit the use of such entrance and roadway by the Village's f!refighting equipment.
(b) At such time as the roadway shown as "future service drive" Is installed,
such Installation shall be accomplished at Buyer's expense and Buyer shall have no right
to assess or otherwise charge GP for the cost of Installing or maintaining said service
drive.
. (c) Buyer acknowledges that It Is critical to the development GP proposes
on the Adjacent Land that the occupant of the Adjacent Land have the right to make
right and left-hand turns from Hamllne Avenue to the Adjacent Land and right and left-
hand turns from the Adjacent Land to Hamllne Avenue. Buyer agrees that it will allow
GP (and all parties claiming under GP, Its successors and assigns) the right to such turns
In perpetuity.
3.3 NEAR INTERSECTION. Buyer agrees that GP, Its successors and assigns,
sl)all have no obligation to Buyer whatsoever for the repair, maintenance and control of
the triangular-shaped area located at the Northeast comer of the Adjacent Land.
4. CLOSING AND POSSESSION.
4.1 DATE AND LOCATION. Closing shall take place at the office of Buyer's
counsel on January 5, 1988, as to Parcel Aj on January 5, 1989, as to Parcel B; and on
January 5, 1990, as to Parcel C. At Buyer's option, the closings for Parcels Band C shall
take place at any time after the Parcel A closing but prior to the closing date indicated
for such parcel.
4.2 CLOSING DOCUMENTS. Seller shall execute and deliver to Buyer at each
closing a warranty deed to the parcel closed which shall reserve to each parcel of the
Land appropriate rights to the Easement Area. Eac:h warranty deed shall be In form and
substance reasonably acceptable to Buyer.
. *subject to final administrative approval pursuant to the letter dated August 6.
1987 from Buyer's Planner, which is attached as Exhibit C.
3. '@r
- ,
.
4.3 ALLOCATION AND TRANSFER OF FUNDS AT CLOSING.
(a) Buyer shall pay Seller, in addition to the $40,000 in Earnest Money,
$118,800 at the closing of Parcel A; $128,700 at the closing of Parcel B; and $117,300 at
the closing of Parcel C. If the closing of either Parcels A or B takes place prior to the
dates referred to in Section 4.1, the Purchase Price for the parcel to be closed shall be
reduced to reflect any interest savings that would result, calculated at 796 per annum.
(b) All special assessments against the parcel to be closed shall be paid by
Seller at such closing.
(c) All real estate taxes payable with respect to the parcel to be closed
shall be paid by Seller if such closing takes place as scheduled under Section 4.1 or shall
be prorated between the parties if closing is held prior to the scheduled date.
(d) Seller shall pay all customary abstract examination charges relating to
the Commitment and Buyer shall pay any premiums in connection with any title
insurance policy issued at the request of Buyer.
(el Seller shall pay any deed taxes due in connection with the conveyances
referred to herein.
. 5. DEFAULT AND REMEDIES.
5.1 EARNEST MONEY DEPOSIT. Seller shall be entitled to retain all Earnest
Money paid by Buyer if Buyer fails to close on the purchase of any of the parcels of the
Land.
5.2 SPECIFIC PERFORMANCE. Each party shall each have the right to apply
for and receive from any court of competent jurisdiction equitable relief by way of
specific performance to enforce performance of this Agreement, plus reimbursement for
costs, including reasonable attorneys' fees, incurred in enforcing this Agreement provided
that an action to enforce such specific performance shall be commenced within six
months after such right of action shall arise. Such right shall not constitute an election
of remedies and shall be in addition to any other right, action or remedy any party hereto
has Seller have or may have at law. Each party shall also be entitled to pursue any
available remedies for damages in the event of any default hereunder.
6. GENERAL PROVISIONS.
6.1 CONDEMNATION. In the event that, prior to Closing, all or any material
portion of the Land shall have been affected by a condemnation or taking by eminent
domain, or shall be the subject of any condemnation proceeding which shall have been
commenced, Seller shall give Buyer immediate wrItten notice thereof and Buyer shall
have the option, exercisable upon written notice to Seller within 30 days after written
notice by Seller to Buyer of such taking, to complete the transaction contemplated
. hereby and to exclude the property taken, with an appropriate reduction in the purchase
Price that is mutually agreeable to the parties, or to include the property taken with no
reduction in the Purchase Price, but together with the right to receive the proceeds of
any condemnation award which shall have been or shall be made in connection with such
condemnation or taking.
4. '4~
,
.
6.2 TIMELY PERFORMANCE. Time is of the essence under this Agreement.
6.3 NOTICES. All tenders, communications, and notices required or permitted
to be given hereunder shall be made and given to either of the parties hereto either by
personal delivery or by registered or certified mail addressed to their respective
addresses as set forth at the beginning of this Agreement or such other addresses given
from time to time. Any tender, communication or notice so given shall, if personally
delivered, be deemed given when delivered and shall, if delivered by registered or
certified mail, be deemed given when postmarked.
6.4 BROKERS. Each party warrants to the other that no real estate brokerage
commission is payable with respect to the transactions referred to herein.
6.5 GOVERNING LAW. This Agreement shall be governed by the laws of
Minnesota.
6.6 AMENDMENT. The provisions of this Agreement may not be modified or
waived except by a written agreement signed by the parties.
6.7 SURVIVAL. The terms hereof shall survive any closing referred to herein
and the delivery of any title documents.
. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above
first written.
96 HAMLINE PARTNERS LIMITED PARTNERSHIP
BY: SECOND NOMINEE CORPORATION
ITS GENE AL PARTNER
t1
By:
VILLAGE OF ARDEN HILLS
BY:(~~~_
€~~4Ift'(N--
lerk - Adm!' ato
. GP.~ d
By: .~ ~/
Its: p I
5.
- -----
, , EmIt)IJ ft-
.
Commitment No. T 9803
FIRST AMERICAN TiTlE INSURANCE COMPANY OF THE MID-WEST, a Missouri corporation, herein
called the Company. for a valuable consideration, hereby commits to issue its policy or policies of title
insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner
or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,
upon payment of the premiums and charges therefor; all subject to provisions of Schedules A and Band
to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies commited for have been inserted in Schedule A hereof by the Company. either at
the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate SIX MONTHS after the effective date hereof
. or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure
to issue each policy or policies is not the fault of the Company,
IN WITNESS WHEREOF, FIRST AMERICAN TiTlE INSURANCE COMPANY OF THE MID-WEST has
caused this commitment to be signed and sealed by its duly authorized officers, the commitment to
become valid when countersigned by an authorized signatory as of Effective Date shown in Schedule A,
.....". First AInerican TItle Insurance Company
"., ..,~ he Mid \Ie
~'~~u,,__NCE Co '."...... oft - sl
......."',+~ <fr.o"'....
I...S /. . 1''J. "''\
. . .
i;'SEAL -;,i
:.~. ,- ~
::~ 1U7 ~i
\ \II'"),.. "'ISS~O"\ ,1...1 BY- ,.~ - d -
,,,... 'fl'.... .
COUNTERSIGNED: -,,~Sbr~ * l~~""'l; PRESIDENT
~IU."I"
~(Q)[PW ~.-:a .//~
BY ATTEST: '-
AUTHORIZED SIGNATURE SECRETARY
.
LAND TITLE. INC.
SUITE 330
3585 NORTH lEXINGTON
. ARDEN HILLS, MN 55126
41-004 B/B7 AL T" COMMITMENT - 19bb
... .---..
.
" , SCHEDULE A Commitment No. T-9803
ALTA COMMITMENT -1966
" Effective date: April 15, 1987 Seven A.'M. Amount
. 2, Policy or Policies to be issued: $ TaD
la) ALTA Owner's Policy
Proposed Insured:
City of Arden Hills
ALTA Loan Policy $ 0.00
Ib)
Proposed Insured:
None
.
3, The estate or interest in the land described or referred to in this Commitment and covered herein is a
Fee Simple
4, Title to the Fee Simple estate or interest in said land is at the effective date hereof
vested in:
(See Attached)
. 5, The land referred to in this Commitment is described i~l!X. as follows:
The West 708.3 feet of the East 928.3 feet of the Northeast ~ of the Northwest
~ of Section 22, Township 30. Range 23, except the South 3/4 thereof, Ramsey County,
Minnesota.
PROPERTY ADDRESS: Highway 96 West
Arden Hills, Minnesota
,
Abstract Property, Ramsey County.
.
Schedule A consists of 2 pages.
........ IRe" 2185)
.
-.
Rider attached to and forming a part of policy or commitment number: T-9803
Continuation of SCHEDULE A
. 4. 96 Hamline Partners Limited Partnership, a Minnesota limited partnership
(as to the West 287 feet of the East 928.3 feet of the Northeast ~ of the
Northwest ~ of Section 22, Township 30, Range 23, except the South 3/4 thereof)
Leonard H. Grudnoske and Cheryl R. Grudnoske, husband and wife, as joint
tenants (as to the East 641.3 feet of the Northeast ~ of the Northwest ~
of Section 22, Township 3D, Range 23, except'the South 3/4 thereof)
.
,
.
"'-051
. .
',' r
Al TA COMMITMENT - 1966 SCHEDULE 8,1 Commitment No, T 9803
{REOUlREMENTSI
1- The following are the requirements 10 be complied with: r
.
A. Payment 10, or for the account of. the sellers or mortgagors of the full consideration for the estate or interest to be
insured.
8, Instruments in insurable form which must be executed. delivered and dilly filed for record.
C. The legal description being used will result in'the split of an existing parcel
Approval for the split must be obtained from the City of Arden Hills and be shown
h the deed prior to closing.
, . Quit Claim Deed from American National Bank and Trust Company to 96 Hamline Partners
Limited Partnership, a Minnesota limited partnership. This deed is necessary
to release the interest of said bank under an Assignment executed by 96 Haml ine
~artners filed as Document Number 2170068.
E. Termination of Financing Statement executed by 96 Harnline Partners, a Minnesota
limited partnership, as debtor to COI\IIIE!rcial State Bank in St. Paul, as secured
Lrty, filed May 2, 1984 as Document NUnt>er 2219205.
F. Satisfaction or Partial Release of the subject property from mortgage executed
296 "".li~ ...rtnere <lmi"'" ""","""ip, " '""""""" ."""'" """""",ip eo
Corrmercial Finance Corporation dated Decent>er 30, 1985, filed July 31, 1986
as Document Number 2324903, in the original am:ront of $60,000.00.
G. Warranty Deed from Leonard H. Grudnoske and Cheryl R. Grudnoske, husband and wife,
. to 96 Hamline Partners Limited Partnership, a Minnesota limited partnership, in
LUll"""" of """'~, ,~ .... 'lleO ~ Do",..," -- 212""5, ~ ......... by
Document NUllt>er 2168084 and Document NUllt>er 2343443.
H. Warranty Deed from 96 Hamline Partners Lj.mi.ted Partnership, a Minnesota limited
partnership, to The City of Arden Hills.
I. Please inform Land Title, Inc. as soon as possible prior to closing of the names
of all partners who will execute documents on behalf of 96 Harnline Partners Limited
Partnership so that bankruptcy searches can be obtained pursuant to Title Standard
No. 82.
.
.
Schedule 8-1 consists of 1 pages,
44-042
. .
.'
ALTA COMMITMENT -1966 SCHEDULE B-II Commitment No. '1'-9803
(EXCEPTIONS)
Schedule B of the policy or policies to be issued will contain exceptioos to the following matters unless the same are
. disposed of to the satisfaction of the Company:
1, Defects, liens. encumbrances. adverse claims or other matters. if any. created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
2, Any discrepancies or conflicts in boundary lines, any shortages in area, or any encroachment or overlapping of
improvements,
3, Anyfacts, rights. interests or claims which are not shown by the public record but which could be ascertained by an
accurate survey of the land or by making inquiry of persons in possession thereof,
4, Easements, liens or encumbrances or claims thereof. which are not shown by the public record,
5, Any lien or right to lien for services, labor or material imposed by law and not shown by the public record,
6, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public record, Proceedings by a public agency which may result in taxes or
assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public
record.
7. Taxes for the year 1987 in the amount of $1,091.36 Total, unpaid plus penalty.
(22-30-23-21-0132), Base Tax: $306.20, Non-Homeatead.
Taxes for the year 1987 in the amount of $2,078.72 Total, unpaid plus penalty.
(22-30-23-21-0133), Base Tax: $629.40, Non-Homestead (covers additional property)
8. Special assessments are as follows:
. (on Parcel 22-30-23-21-0132)
Water 72-1 $ 230.59 Balance
S/Swr/Wt $ 624;04 Balance
W77-5W78-2 $3,611.73 Balance
(on Parcel 22-30-23-21-0133)
Water 72-1 $ 951.43 Balance
S/Swr/Wt $1,726;72 Balance
W77-5W78-2 $5,260.28 Balance (covers additional property)
Pending assessment have been ordered.
9. Subject to Highway 96 over approximately the North 51 feet of the subject property.
10. Easement in favor of City of Arden Hills for walkway purposes over the West 20 feet
of the subject property as contained in Document Number 2257258.
11. Restrictive Covenant for the benefit of the City of Arden Hills executed by
96 Hamline Partners Limited Partnership, a Minnesota limited partnership, dated
March 13, 1985, filed March 21, 1985 as Document Number 2257259.
12. If there are any questions regarding this commitment, please contact Greg Booth at
482-8223. -
.
Schedule B,II consists of 1 pages,
44-044
. ~r , .'
.
Conditions and Stipulations
1. The term mortgage, when u.ed herein, .hall include deed of tru.t, tru.t deed, or other
security in.trument.
2. If the propo.ed In.ured has or acquires actual knowledge of any defect, lien, encum-
brance, adverse claim or other matter affecting the e.tate or intere.t or mortgage thereon
covered by this Commitment other than those .hown in Schedule B hereof, and .hall
fail to dio;close .uch knowledge to the Company in writing, the Company shall be
relieved from liability for any 10>> or damage re.ulting from any act of reliance hereon
. to the extent the Company i. prejudiced by failure to .0 dio;close .uch knowledge. If
the propo.ed In.ured .hall di.c1ose .uch knowledge to the C{)mpany, or if the Company
otherwi.e acquire. actual knowledge of any .uch defect, lien. encumbrance, adverse
claim or other matter, the Company at it. option may amend Schedule B of this Com-
mitment accordingly, but .uch amendment .hall not relieve the Company from liabil,
ity previou.ly incurred pursuant to Paragraph 3 of these Condition. and Stipulations,
3. Liability of the Company under this Commitment .hall be only to the named propo.ed
In.ured and .uch partie. included under the definition of In.ured in the form of policy
or policie. committed for and only for actual 10>> incurred in reliance hereon in under-
taking in good faith (al to comply with the requirement. hereof, or (b) to eliminate
exceptions .hown in Schedule B, or (c) to acquire or create the e.tate or intere.t or
mortgage thereon covered by this Commitment. In no event .hall .uch liability exceed
the amount .tated in Schedule A for the policy or policie. committed for and .uch
liability i. .ubject to the in.uring provi.ion., the Condition. and Stipulation., and the
Exclu.ion. from Coverage of the form of policy or policie. committed for in favor of
the propo.ed In.ured which are hereby incorporated by reference and are made a part
of this Commitment except a. expre>>ly modified herein,
4. Any claim of 105> or damage, whether or not ba.ed on negligence, and which arise. out
of the .tatu. of the title to the e.tate or intere.t or the lien of the in.ured mortgage
covered hereby or any action a.serting .uch claim, .hall be restrictl'd to the provision.
and conditions and stipulations of this commitment.
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Commitment For Title Insurance
issued by
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of the Mid-West
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SITE PLAN
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wehrman
. bergly
TIQQDat~
August 6, 1987
. n. plaza bldg., S1e, 220
G.P.-Gagr, Inc. 5217 wayzllla blvd,
miMeapoflS, I'M 55416
c/o Bertin Bisbee 612 S44 7576
Fredrickson and Byron
1100 International Centre
900 Second ,Avenue South
Minneapolis, Minnesota 55402
Re; Daybridge learning Center
Arden Hi 11 s, MN
Mr. Bisbee:
I have briefly reviewed the attached preliminary site plan for the
Daybridge Learning Center submitted to me by Randy Pederson. I have
concluded that the site plan, as drawn, conforms to all setback, site
coverage, access, and, parking requirements ~f the ordinance. Before
final approval of the site plan can be given, however, additional
documentation required by Section VIII,E(l) of the Zoning Code must be
. submitted. This documentation must include a more detailed, dimensioned
site plan; a grading and drainage plan; a landscape and lighting plan;
and building plans and elevations. Provided that these items are
consistent with the plans originally approved by the City for the east
site, I do not anticipate any problems in the process of administrative
approval.
Sincerely,
'~EHRMAN BERGLY ASSOCIATES, INC.
Orlyn W, t,1i11er
Consultant Planner for City of Arden Hills
Enclosure
cc: James A, Stolpestad
Doherty Rumble and Butler
1500 East First National Bank Bldg.
St. Paul, Minnesota 55101 .
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planning . Iandsc;aP8 architecture
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. Minutes of Regular Parks and Recreation Committee Meeting
Village of Arden Hills
October 27, 1987
Village Hall
Call to Order
The meeting was called to order at 7:30 by Chairman David Sand.
Roll Call
Present: David Sand, Don Messerly, Alan Montgomery, Jim Otto, Jim Mishek,
Mark Peterson
Absent: Adele Anderson, Keith Enrooth, Mary Gillies, Tom Mulcahy, Tom
Suedbeck
Also Present: Councilmember Tom Sather
Parks Director John T. Buckley
Approval of Minutes
The minutes of July 28 were approved as submitted.
Report on 1988 Parks Bud~et
Buckley reported that the 1988 budget has been approved by Council. Deleted
from that budget was replacement of one 3/4 ton truck (scheduled for
replacement in 1988 on the five year capital outlay plan). The fee for
participation in the summer program was increased to $7.50, from $5.00.
. Council also asked that income from self-sustaining recreation activities be
increased by $2,000, and deleted one part-time summer employee and the proposed
half-time program director.
Committee recommended that Finance Committee liaisons to the Parks Department
be invited to several meetings of the Parks Committee during the next year to
aid in their understanding of Parks Department activities. Committee also
recommended that committee membership in 1988 include representation from the
,changing, younger citizens of Arden Hills, with younger ~hildren, in order to
reflect the concerns and needs of this group.
Councilman Sather recommended that the Parks Committee also work with the
Finance Committee in developing a long range financing plan for park
acquisition and development in the future, reiterating the fact the dedication
funds will "dry up" in the near future. The Park Fund has been receiving
donations from the charitable gambling operations in Arden Hills; Sather stated
that Council had passed a resolution limiting the number of licenses to 9, and
vas considering an Ordinance which would totally phase out charitable gambling
in Arden Hills, further reducing the Park Fund's sources of income, and making
development of a long range plan even more necessary.
Summer Pro~ram Report
Cheryl Fregeau, Summer Program Director, prepared a report distributed to the
Committee. A summary of this report follows:
.
.
Minutes of Parks and Recreation Committee Meeting, October 27
Page 2
. The six week program, for ages 4 to 12, was held at Floral, Cummings, Hazelnut,
and Perry Parks, and staffed by four extremely competent, college and
above-aged instructors, with two high school age assistants. 238 children
registered, an increase of 25 over 1987, and attendance was steady. Programs
were conducted at the parks two hours per day for two days a week, and
"Adventure Trips" to various Twin City attract-ions were held on Fridays. Craft
activities, games, and various special events made the park sessions enjoyable.
Comments from parents of participants this year were extremely positive. The
response indicated that residents very much appreciate this program.
Fall ProRram Report
This year's fall program activities were expanded to include after-school
activities at Island Lake School. About half of the Arden Hills' elementary
youngsters attend Valentine Hills School, and the other half Island Lake, so
although the school is located in Shoreview, fairness to residents dictated the
programs be expanded to this school. The programs have been well-received.
Committee asked Buckley's views on non-resident fees for Shoreview (and other)
participants in the programs. Buckley stated that it has been Shoreview's
experience (in charging non-resident fees) that the increase in income in youth
programs is minimal; balanced against the good will created by not imposing
this fee, felt strongly non-resident fees would be detrimental overall.
1987 Park Development Report
A copy of Buckley's report, listing improvements planned for 1987, and those
. accomplished, along with costs, is attached. A summary of deviations from the
plan, and reasons for these, follows:
Hazelnut Park - Buckley had recommended $5,000 for grading'the area from the
Church parking lot to the shelter and play equipment, to improve its
appearance. During the Parks Committee tour this summer, the members felt they
liked the appearance as it was, and asked this not be done.
Sampson Park - Time did not allow the color-coating of the hard surface area
planned. It will be included in 1988 plans.
Arden Oaks - A backstop, picnic tables, and picnic shelter were planned in this
park. After residents expressed opposition to the backstop and picnic shelter,
several meetings were held with them; agreement was reached to install the
backstop and a hard court area, and forego construction of a picnic shelter.
The shelter ordered for this area will be put in the new North Snelling Park
next summer.
Trail ResurfacinR - The path connecting Norma Ave. to Floral Park was completed
and blacktopped. Other trail projects have not at this time been completed as
much as had been hoped, because of a lack of time. The Parks personnel will
try to do as much more as possible this fall. Committee members present all
favored more emphasis on trail construction and maintenance, and urged Buckley
to put higher priority on trail development.
.
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Minutes of Parks and Recreation Committee Meeting, October 27
Page 3
. The time restraints on the Park personnel prevent the crew from reaching the
maintenance standards that residents and Committee desire for trails.
Additional seasonal personnel will be needed to satisfactorily attain these
desired standards.
Crepeau Nature Preserve - The floating bridge planned for the trail was not
constructed; MSI's construction of the blacktopped trail made this seem not a
good plan.
David Eicher Proposal
Eicher is proposing the Parks Department use his empty lot, on the north side
of Karth Lake, on Amble Road, as park area, keeping it maintained, and
providing picnic tables, until such time as he decides to either build on it or
sell it. Buckley stated that the size is such it could accommodate only a
picnic table or two for casual visiting by neighbors, mowing would not take
more than a half hour a week, but he is concerned with liability of the City,
and with whether Parks maintenance standards are compatible with neighborhood
maintenance standards. The lot backs up on the lake, but access to the lake is
difficult since the slope is so steep. Cummings Park is across the lake from
this lot, so some park area here could be useful.
Committee recommended that Buckley suggest to Mr. Eicher that he contact the
Karth Lake Neighborhood Association to see if they would like to maintain it as
a park area, with Buckley perhaps providing a picnic table. If the
neighborhood sees a need for the site and would like the Parks Department to
. equip and maintain it, the lease proposal should be reviewed and approved by
Attorney Lynden.
Crepeau Park
MSI has installed a black-topped trail along their property abutting the park.
The trail is six to eight feet wide; a pick-up truck(s) has been driving up the
trail and hauling out loads of black dirt from Arden Hills' Crepeau Park
Preserve. Committee recommended Buckley contact MSI to discuss methods of
~olving the problem of vehicles on the trail, or recomme~d a barrier preventing
vehicles at the beginning of the trail.
Miscellaneous/New Business
Guidelines for 1988 Park Development will be developed at the January and
February meeting of this committee.
Buckley briefly discussed the National Youth Sports Coaches Association (NYSCA)
which provides training materials, Code of Ethics, and liability insurance for
youth coaches. In 1988 all youth coaches will be asked to attend the training
sessions, and sign the Code of Ethics; he feels the Association will be
beneficial for training purposes, in adjudicating conflicts with coaches,
should they occur, plus providing liability insurance.
Ad;ournment
The meeting was adjourned at 8:45 p.m.
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ARDEN HILLS PARKS AND RECREATION DEPARTMENT
1987 PARK DEVELOPMENT GUIDELINES
1987 1987
Guidelines Expenditures
Hazelnut Park
Picnic Tables $ 300 $ 189
Grading Front Area 5,000 -------
Grill 450 100
Sampson
Color Coating 600 -------
Arden Oaks
Ball Backstop 750 350
Picnic Tables . 400 378
Picnic Shelter 3,500 -------
Basketball Hard Court ------- 1,830
Basketball Standard and Back Board ------- 500
Perry Park
Parking 10,000 8,933
. Crepeau
Flowers, Floating Bridge 3,000 224
Floral Park
Play Equipment 8,000 8,789
Picnic Shelter 3,500 3,634
CununinJl:s
Lake Path 2.000 -------
Final Shelter Payment ------- 1,565
Paint ------- 177
North SnellinJl:
Grading 7,500 8,843
Seeding ------- 1,829
Trees ------- 100
Poles ------- 304
Floral Park
Trail Resurfacing 7,500 2,760
Grading 5,000 -------
Benches ------- 2.042
Park P1annilllt 500 -------
. Valentine Park Entrance ------- 1,470
Lindey's TrianJl:le (Land Purchase) ------- 10,700
TOTAL $58,000 $54.717
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----------------------____________________________________________________ V
Date: November 4, 1987
To: Arden Hills Council
From: Ervin A. Oelke, Landscape Inspector
Re: Initial Landscape Inspection - Shannon Square, Lexington
Avenue
---------------------------------------------------------------------------
The initial landscape inspection at Shannon Square was made on August 29
and a fOllow-up on November 1, 1987. Generally, the landscape material was
of good quality and planted according to the landscape plan, except for
the Dogwood plantings on the left and right of the main entrance. On the
left, there were only four Redtwig Dogwood in the grouping of ten; the
other six were Yellowtwig Dogwood. The red ones are marked by the word
IIred" on the landscape plan~ On the right, ten Redtwig Dogwood were
planted randomly with the thirty Varigated Dogwood planned for the area.
These changes were discussed with Mr. Condra of Mickman Brothers Nursery
. and he will make the necessary changes in the Dogwood plantings so they
will conform to the landscape plan. Dogwood plantings are more attractive
if grouped according to type.
On the north boundary, one of the Marshall Ash trees appeared weak and may
not survive the winter~ It is circled in red on the landscape plan. The
area under the seven Marshall Ash trees on the north was sodded instead of
seeded. I believe this is a good change, since upon initial inspection the
grass seeding was very poor.
An island with seven Hughes Juniper was added around the fire hydrant on
the north edge of the parking lot. The other two islands on the south edge
of the parking lot also had only seven Hughes Juniper, instead of the
twelve listed on the landscape plan. Seven should be sufficient for an
adequate ground cover on the islands.
I recommend acceptance of the landscaping after the four Dogwood groupings
on the east perimeter are changed according to the plan.
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MEMORANDUM
---------------------------------------------------------------------------
Date: November 4, 1987
To: Arden Hills Council
From: Ervin A, Oelke, Landscape Inspector
Re: Initial Landscape Inspection - Northpark Business Center,
Building B, 1275 Grey Fox Road
---------------------------------------------------------------------------
An initial inspection of the landscape was made on October 10 at 1275 Grey
Fox Road, Northpark Business Center, Building B. The major portion of the
landscape material was of good quality and planted according to the
landscape plan. The landscape was well maintained and looked attractive.
A few changes were made in the landscape plantings. One change was on the
southwest corner of the building, since the building design was changed to
a square corner instead of a diagonal one. The change is shown with an
. over-lay on the landscape plan. The change resulted in 8 more plant
materials, compared to the original design. The change is appropriate and
attractive.
The other changes were a substitution of 2 Linden trees for 2 of the Sugar
Maple trees on the east side of the building, a substitution of a Marshall
Ash tree for a Sugar Maple tree on the north perimeter, and 3 smaller (6-7
ft. ) Pine trees for the larger (10 ft.) ones; 2 on the east and 1 on the
south side of the building.
Six of the plantings were dead and need to be replaced. The 6 plantings
are noted in red on the landscape plan. On the south side of the building
One Dwarf Korean Lilac shrub, two Greenspire Linden trees and one Marshall
Ash tree were dead. One Pine on the northwest corner and one on the east
side of the building were dead. One Sugar Maple on the southeast side of
the building was weak and may not survive the winter. It is shown in green
with a read circle on the landscape plan.
I recommend the acceptance of the landscaping, after replacement of the
dead plant material.
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MEMORANDUM
---------------------------------------------------------------------------
Date: November 4, 1987
To: Arden Hills Council
From: Ervin A. Oelke, Landscape Inspector
Re: Initial Landscape Inspection - Northpark Business Center,
Building C, 1285 Grey Fox Road
---------------------------------------------------------------------------
An initial inspection of the landscape materials was made on September 26,
at the Northpark Business Center, Building C, 1285 Grey Fox Road.
A number of the landscape plantings were dead or missing and several
changes were made; some because of the changes made in the design of the
building. The dead or missing plant materials are shown in red on the
landscape plan. The changes are shown on the over-lays attached to the
landscape plan.
. On the southern berm, one Norway Maple and one Linden tree were dead, and
one Sugar Maple tree was missing. Two Norway Pine were also dead. Three
Redtwig Dogwood were missing.
On the south side of the building, seven Norway Pine trees were dead and
one Marshall Ash tree was missing, where the exit to the newly attached
Drive-In Claims Center is located. On the western berm, one Norway Pine
tree is dead.
Some changes were made on the northwest corner of the building because of
the change in building design. A Drive-In Claims Center was added and the
roof on the corner was squared. This resulted in 10 additional plantings
that were not on the original plan. The corner looks attractive with it's
new landscape plan,
Also, changes were made on the north side of the building. In place of two
Sugar Maple tress and four Norway Pine trees, four Green Ash clumps were
planted. The Green Ash clumps should be good substitutes. Their location
is shown on the landscape plan. The plantings on the corner were changed
to conform to changes in the building. The number of plantings, however,
remained the same, One Potent ilIa, one Red Leaf Barberry and one Yew were
dead on the north side of the building. .
I recommend acceptance of the landscape plan after replacing the dead and
missing plant material. The only plant materials that need not be replaced
. are the Marshall Ash tree on the southwest corner, since it would
interfere with the Drive-In Claims, and the two Sugar Maple and four
Norway Pine trees on the north side of the building that were substituted
with the Green Ash clumps.
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MEMORANDUM
. --------------------------------------------------------------------------
Date: November 5, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
Re: Agenda Items
--------------------------------------------------------------------------
4. Ordinance 251, Exterior Construction. The second draft of the
Ordinance was submitted to Council on 10/26. At that time Mr. Lynden
discussed Larry Squire's concern with tie-in of completion of a
building, as delineated in the Ordinance, with issuance of the
Certificate of Occupancy, particularly with late-year construction.
5. PlanninR Commission Cases.
A. Case 87-31, Roseville Bank: The Planning Commission recommended
Council approval of three variances, i.e. setback variance of 5' from
County Road F, setback variance of IS' from Lexington, and a variance
for placement of an accessory structure in front of a principal
structure.
B. Case 87-32, Delores Kieffer: The Planning Commission recommended
. Council approval of a 24' rear yard setback variance, based on
surrounding property setbacks.
C. Case 87-20, Milton Lot Split: Orlyn Miller will differentiate
between Milton's initial submission and what their intentions were,
which is prompting reconsideration.
D. Case 87-08, Scherer Brothers Lumber: The Planning Commission
recommended Council approve the extension of an existing approved
variance by allowing removal of a building from interior of the site,
to be placed along the west property line.
E. Motion re U. S. Army Reserve Project: Orlyn reviewed the
preliminary plans for this project with the Planning Commission. The
Commission's consensus is as noted in their 11/4 minutes.
6. Park Committee Report. Park Committee minutes are attached.
7. Tent Permit, McGuires. Mr. Lou Pazos has forwarded a memo requesting
the annual Council approval for a tent on March 17, St. Patrick's
Day. In discussions with Commander Bergeron, he advised there were no
significant problems last year, and he felt everything was run well.
Fire Chief Winkel felt there was a problem with access to the back of
the building due to parking, and some problem with over-crowding in
the building; however, he will be meeting with Pazos to attempt to
correct these concerns.
. 9. Clerk's Report.
A. Initial Landscape Inspections have been submitted by Mr. Oelke for
. ,
Shannon Square and two buildings a~ Northpark Business Center.
'. If Council accepts, a motion should be made to approve the plans
in accordance with Mr. Oelke's recommendations, and reduce the
bond to 100% maintenance bond for one year.
B. Claims and Payroll: The claim, in the amount of $387,120.00, is
for a bond payment fee (principal and interest) which is due December
1, 1987, but must be received by the Paying "Agent five days prior to
the due date. Also, $25,000, for Hamline/96 property, is payable
November 30; the final payment for Parcel A is $120,000, due January
5, 1988.
.
.
.
.. ,
MEMO
. Date: November 6, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
Re: Informational Items
Gary Peck will be out of the City, so is unable to attend the meeting
of November 9th. Nancy Hansen will be on vacation December 20 - Jan. 3,
so will miss the December 28th meeting.
Committee Membership: Cathy and Shirley have compiled, for your infor-
mation, an updated list of Committee members, indicating attendance
records to date. If the Council desires, the Council liaison, or City
staff, can, this month,determine those members who wish to continue
to serve on the respective committees so appropriate appointments may
be made for 1988.
We shall await your direction.
. Ramsey Co. Sheriff Deputy: I understand two deputies have applied for
the position to replace Frank: Larry Jahnke, currently patrolling Falcon
Heights; and, Deputy Hanke, who works 3-llp.m., in various communities.
Bob Antonsen (our second shift Deputy) has stated Dep. Jahnke would work
well for Arden Heights, in his opinion.
Reeves Property: Note Planning Commission minutes reo discussion of
this proposal.
Addendum to ARenda Items Memo: Re: Ord.fl25l
In reviewing Agenda with Council, a question came up as to the Ordinance's
relevance to existing homes.
Mr. Lynden has advised it is his opinion that this Ordinance should not
be applied to homes that were in existence prior to adoption of this
Ordinance, and suggested that the nuisance ordinance be strengthened
and followed for existing homes.
.
.
MEMORANDUM _
--------------------------------------------------------------------------
. Date: November 2, 1987
To: Patricia J. Morrison, Clerk Administrator
From: Shirley Marshall
Re: Committee/Commission Attendance Records, 1987
-------------------------------------------------------------------------
The number of meetings held, and the number of meetings attended by each
committee/commission member are listed. If the Council so wishes, each member
can be contacted to determine if they'd like to continue in 1988. Also, if the
Council feels additions should be made to some committees, notices of these
openings can be put on cable and in the Town Crier.
No. of
Meetinll:s Present Absent
(to Nov.)
PlanninR Commission 9
Robert Curtis, Chair 6 3
Peter Martin 7 2
Calvin Meury, Jr. Vice Chair 7 2
Scott Petersen 6 3
Richard Savage 6 3
. Thomas Babcook 4 5
Dorothy Zehm 7 2
Gary Thorn 5 4
Maurice Johnson 1 8
Paul Malone (1st Alternate) Appointment in May; absent one
Ordinance (Sec. 20-16) states there shall be nine (9) members and two
alternates.
Human Rill:hts Commission 3
Howard Sorensen, Chair (1987) 3 0
Tim Byrne (1986) 1 2
Shirley Chase (1986) 0 3
Patricia Fish (1987) 2 1
Joan Growe (1988) 0 3
Deanna Supino (1988) 2 1
Barb Younoszai (1987) 0 3
Jane Dean (adhoc) (1988) 2 1
Roy Con roe (1990) Appointment in November
Ms. Ramanik Shah (1990) Appointment in November
Howard Myers (1990) Appointment in November
Ordinance provides for ten members, to serve three year rotating terms, and ad
hoc members (one year terms) as requested by the Chairman.
. The Commission's primary activity has been adjudicating no-fault grievance
cases. While they have not attended meetings, Tim Byrne and Shirley Chase have
been active in handling cases which have come to the Commission.
. .
.
.
The Arden Hills Zoning Code, Section IX, A, provides for not more than five
nor less than three residents of the City to serve on the Board of Appeals
and Adjustment. The appointments are ~pprova1 bya majority vote of the
entire Council and vacancies during the calendar year shall be filled by
appointment of the Mayor, with approval of a majority vote of the entire
. Council. Annual appointments are made by the Council.
Board of Appeals No. of Meetinll:s (to Nov.) Present Absent
Barbara Piotrowski, Chair 7 7 0
Ray McGraw 7 0
Dave Carlson . . 6 1
Jean Lemberg 4 3
Rose O'Neil-Hedlund Appointed in June 3 0
.
. .
'.
--" - ---- .>.--.----..--.- _. -- .~-^ -c--...-~--~-
.--_.__0- _.___._,_..__ _ .___ ._~ ..--- . -- - ---------
--
MEMO
. Date: October 30, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
Re: Informational Items
Ramsey County Deputy: As was discussed earlier, Frank Herbst will not be
returning to Arden Hills; due to his back injury, he can no longer serve as
patrol officer. Currently John Soderlund and Bill John (former Arden Hill's
police officer) are patrolling the day shift, and Bob Antonsen will
continue to serve the city on second shift.
There should be a decision made by the first part of December as to who will
be replacing Frank on a permanent basis.
Reeves Property: A proposal will be before the Council (probably in
December) for a Special Use Permit to construct a church, church hall and
priest's residence (by Ukranian Orthodox Church) on the Reeve's property.
They will be before the Planning Commission, on November 4, for preliminary
discussion.
. Limited Packinf,l:'. We will be receiving a requesc from property owners on
County Road F for limited, or no, parking east of Mounds View High School.
In reviewing parking restrictions on this road, the only area which is no
parking is area adjunct to the school and approximately 300 feet west of
school property. Although the Council gave staff authority to post on City
streets, the County needs formal Council action if they wish limited parking
on County Road E.
U. S. Army Reserve Site: Update:
1- The engineers for the project advised they would prefer to connect to
sanitary sewer line off Lexington (Shoreview's), rather than off Highway
96, which would eliminate their need to construct a lift station.
2. They will be requesting a permit from LJVFD to burn an area of about
l,100 x 1,100 on this site. Dan Winkel has advised them he would sign
the permit if the TCAAP fire chief also signed.
Hicken Case: (dog kennel constructed City trail easement) Attorney Jerry
Filla has advised Ramsey County Deputy Jim Lavelle served Mr. Hicken
(4242 Norma) with warrant last night and collected the second $300 payment
from him. Case will go to court to set pre-trial on November lO.
HiRhway 96/Hamline: Purchase agreement was signed by the third party today,
so all has been culminated. The next payment, of $25,000, will be submitted
to Council for approval on November 30 (agreement - 30 days after Purchase
Agreement signed).
.
.
.
~AL'CHECKS DATED 11/09/87 --- NOVEMBER AlP
8092 --- BUILDERS SQUARE, INC. ------------------------------------ 148.00
HvIA ~~v8093 --- FOUR BY FOUR SERVICE ------------------------------------- 74.80/
c",C 272.50
~~ c 8094 --- CITY OF GOLDEN VALLEY ------------------------------------
. 8095 --- GREENHAVEN PRINTING -------------------------------------- 175.00
8096 --- TREASURER, STATE OF MINNESOTA ---------------------------- 205.50
\\I~:\v8097 --- NORWEST BANK MINNEAPOLIS, N.A. --------------------------- 387,120.00
8098 --- PITNEY BOWES --------------------------------------------- 113.00
8099 --- POSTMASTER, ST. PAUL ------------------------------------- 250.00
8100 --- RAMSEY COUNTY -------------------------------------------- 29,119.00
8101 --- RAY-KO OFFICE PRODUCTS -------------------~--------------- 42.24
8102 --- SUE IRWIN SCHROEDER -------------------------------------- 131. 94
8103 --- SHUTTLEPRINT --------------------------------------------- 18.85
8104 --- VADNAIS HEIGHTS MOBIL ------------------------------------ 60.70
8105 --- MICHELLE HALL -------------------------------------------- 17.00
8106 --- AMERDATA ------------------------------------------------- 2,448.00
8107 --- METROPOLITAN WASTE CONTROL ------------------------------- 2,598.75
8108 --- METROPOLITAN WAST CONTROL -------------------------------- 1,559.25
8109 --- PERA ----------------------------------------------------- 779.53
8110 --- INTERNAL REVENUE SERVICE (MEDICARE) ---------------------- 1.04
8111 --- INTERNAL REVENUE SERVICE (FICA) -------------------------- l,l25.15
8112 --- LILLIE SUBURBAN NEWSPAPERS, INC. ------------------------- 11.78
8113 --- METROPOLITAN INSPECTlON SERVICE INC. --------------------- 482.40
8114 --- PROFESSIONAL PROCESSING, INC. ---------------------------- 1,012.50
8115 --- NORTHERN STATES POWER ------------------------------------ 692.40
8116 --- RICHARD ALQUIST ------------------------------------------ 884.00
8117 --- T.A. SCHIFSKY -------------------------------------------- 11,693.00
8118 --- J. C. AUTO SUPPLY INC. ----------------------------------- 37.59
.V~ov-8119 --- 96 HAMLINE PARTNERS -------------------------------------- 25,000.00"'--
f -
. 8120 --- CRYSTEEL DIST. INC. -------------------------------------- 1,533.00
8121 --- HUDRAULIC SPECIALTY COMPANY ------------------------------ 245.74
8122 --- ST. PAUL STEEL SUPPLY CO. -------------------------------- 262.62
8123 --- BASTIEN PRODUCTS, INC. ----------------------------------- 76.30
8124 --- COAST TO COAST ------------------------------------------- 46.25
8125 --- STRINGER, COURTNEY & ROHLEDER ---------------------------- 302.25
8126 --- WEHRMAN BERGLY ASSOCIATES INC. --------------------------- 1,187.72
8127 --- CRYSTEEL DIST. INC. -------------~------------------------ 6,9l4.00
8128 --- TONSON CORPORATION --------------------------------------- 82.00
8129 --- SCHUTTA'S HARDWARE --------------------------------------- 175.80
8130 --- GALLAGHER'S SERVICE, INC. -------------------------------- 84.50
8131 --- ROGER LUEHRS --------------------------------------------- 40.00
8132 --- W.W. GRAINGER INC. --------------------------------------- 7.58
8133 --- MN. DEPT. OF PUBLIC SAFTEY ------------------------------- 4,305.13
8134 --- MIDWEST ASPHALT CORPORATION ------------------------------ 312.39
8135 --- L.E. SQUIRES --------------------------------------------- 1,004.28
8136 --- BRAUSEN ENTERPRISES, INC. -------------------------------- 147.98
8137 --- R. L. GOULD ---------------------------------------------- 329.75
8138 --- NORTHERN STATE POWER ------------------------------------- 6.12
8139 --- NORTHWESTERN BELL ---------------------------------------- 308.54
8140 --- MEYER ENTERPRISES ---------------------------------------- 54.00
8141 --- NORTHEF~ STATES POWER ------------------------------------ 782.09
8142 --- NORTHERN STATES POWER ------------------~----------------- 529.26
8143 --- VOID ----------------------------------------------------- .00
8144 --- BRIGHTON VETERINARY HOSPITAL ----------------------------- 121.00
8145 --- MB INDUSTRIAL SUPPLY CO. --------------------------------- 16.39
. 8146 --- BUILDERS SQUARE, INC. ------------------------------------ 273.07
8147 ~-- MALBORG'S INC. ------------------------------------------- 300.00
8148 --- EDUCATIONAL SPORTS PROGRAMS, INC. ------------------------ 65.70
..
. .
. MAUAL CHECKS DATED 11/09/87 --- NOVEMBER Alp CONTINUED
8149 --- GOPHER SIGN CO. --------------------------------------------- 597.50
8150 --- PIONEER RIM & WHEEL ----------------------------------------- 10l.81
8151 --- NORTHERN STATES POWER --------------------------------------- 568.49
8152 --- WILLIAM BERGLOF --------------------------------------------- 260.00
8153 --- COMMISSIONER OF TRANSPORTATION ------------------------------ 2,363.86
8154 --- F.M. FRATALONE ---------------------------~------------------ 14,109.31
TOTAL 503,588.35
~'
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. CITY OF ARDEN HILLS 1st NOVEMBER PAYROLL
CHECK REGISTER AS OF 11/10/87
REG. O.T.
CKII CK.DATE EMPLOYEE DATE GROSS NET HRS HRS
-
13777 VOID
13778 VOID
13779 VOID
13780 11/10/87 JANE LUND 815.65 567.97 80 3.25
13781 11/10/87 SHIRLEY MARSHALL 691. 20 378.58 80
13782 11/10/87 DARLENE SCOTT 664.23 431.86 80 1.
13783 11/10/87 CATHERINE IAGO 1009.60 670.08 80
13784 11/10/87 PARTICIA MORRISON 1401.60 605.72 80
13785 11/10/87 MICHAEL MCKINNEY 1102.40 747.37 80
13786 11/10/87 R W BRUNETTE l054.40 586.43 80
13787 11/10/87 FRED REEDr 1054.40 757.09 80
13788 11/10/87 MICHAEL SCHIFSKY 1054.40 761. 92 80
13789 11/10/87 DANIEL WINKEL 1054.40 653.62 80
13790 11/10/87 ROBERT RADDATZ 1375.20 919.22 80
13791 11/10/87 JOSEPH MOONEY SiB 12. 1269.02 916.40 80 10.00
13792 11/10/87 MAUREEN WINKEL 52.00 45.36 8
13793 11/10/87 DAVID GERMUNDSON 20.00 19.71 5
13794 11/10/87 JOHN BUCKLEY 1258.40 905.47 80
13795 11/10/87 FRED BELL 961. 60 648.95 80
l3796 11/10/87 DAVID WINKEL 961. 60 525.28 80
. 13797 11/10/87 KEVIN FULLER 840.00 560.83 80
13798 11/10/87 RICHARD CIEMINSKI 222.80 179.07 40
-1-6,862.90 lO,880.93
WITHHELD FROM NOVEMBER PAYROLL
13799 INTERNAL REVENUE (FIT)-------------------------------- 2016.31
13800 INTERNAL REVENUE (FICA) ------------------------------ 1125.15
13801 PUBLIC EMPLOYEES' RETIREMENT SERVICE ----------------- 713.82
13802 STATE CAPITOL CREDIT UNION --------------------------- 200.00
13803 INTERNAL REVENUE SERVICE ----------------------------- 1.04
13804 ICMA RETIREMENT ASSOCIATION -------------------------- 685.00
4,741.32
-
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