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HomeMy WebLinkAboutCCP 06-28-1993 *** REVISED AGENDA *** ARDEN HILLS CITY COUNCIL MEETING ~ COUNCIL CHAMBERS MONDAY, JUNE 28,1993,7:30 P.M. 7:30 P.M. 1. Call to order/roll call. 7:30 P.M.. 2. Agenda Adoption 7:31 P.M. 3. Approval of minutes for meeting of June 14. 7:41 P.M. 4. Consent Calendar a. Approve 1993 Pay Plan at a 3% increase effective 1-1-93; and City employee insurance contribution at $270 per month. b. Approve Public Hearing date change to July 12, 1993 to approve the removal of Sec VI.F.2. (Parking) from Zoning Ordinance Chapter 213, and to add this section to the Traffic Ordinance Chapter 26.3, and add administrative procedure authority. c. Set Public Hearing date of July 12 to receive public input regarding the adoption of the official map of the extension of Shoreline Lane, and to include consideration of whether to proceed with a public improvement project (sewer connection). d. Approval of Workplace Safety (AWAIR) policy. . e. Approve Resolution #93-37 - Rejecting all bids and authorizing solicitation of bids for refurbishing the Fernwood Street Water Tower. f. Approve List of ClaimsJPayroll. 7:45 P.M. 5. Public comments 7:50 P.M, 6. Unfinished and New Business A. Planning Commission Recommendations: 1). Case #93-09 - Recommendation to approve sewer easement vacation and approval of sewer reconnection/extension - Steve Nelson, 3280 Sandeen Road. 2). Case #93-08 - Recommendation to deny variance request for garage - Bernie Or<<, 1419 Arden Place. 3). Case #93-10 - Recommendation to approve the front yard setback for an area identification sign for CPI, 8:30 P.M. B. C G Rein/Dennis Cavanaugh - Bingo License Application. 9:00 P.M, 7. Council Comments 9:15 P,M. 8. Adjourn ~ . ARDEN HILLS CITY COUNCIL WORKSESSION MEETING COUNCIL CHAMBERS MONDAY, JUNE 28, 1993, 9:15 P.M. ***SPECIAL AGENDA*** 9:15 PM 1. Call to OrderlRoll Call. 2. Agenda Adoption. 9:15 PM 3. Review of Everest Group Developer Agreement - Gateway Business District. 10:00 PM 4. Adjourn. . The above times may vary depending upon length of issue discussion. . cr.lY OF ARDEN HIUB ~ . TO: MMtR 1\ND CITY CXlllI!I::IL J'RCH: IXRmIY A. l'l!:RSCti, CITY 1\IKI!IIB'lRATC IlI\TE: JUNE 25, 1993 SOBJECT: crry 1IIHDlI8'mM'(R 'S BllCBGROllI!ID INFCIlMM'ICti FCR CXlllI!I::IL MEE:l'DG OF 6/28/93 1. CDNSPNI' CALnIDAR l. 1993 pay plan reoatIllllerrlation effective 1-1-93 - '!he enclosed pay plan reflects a 3% increase across the board, with p.Jblic works (per Union agreement) am parks maintenance at a 1% increase. '!he difference in rates in parks maintenance am p.Jblic works salaries is in order to bring these salaries into closer confO!:1llaIlCe with the pay plan. 'Ihese salaries are above the pay grade by: Public Works Foreman 6%, Public Works Maintenance 7.3% am Parks Maintenance 7.3%. Recamnendation is also made to increase the City contriWtion of employee insurance by $20.00 per 1OCIIlth($270.00). 2. A Public Hearing date chan:Je from Ji.1ne 28, 1993 to JUly 12, 1993 . is being requested regarding par~ ordinance to lIDVe See VI. F. 2 (Parking) from Zoning Ordinance Olapter 213, am to add the Parkin:] Section to the Traffic Ortlinance Olapter 26.3. '!he 10 day notice requirement was unable to be met due to newspaper deadlines. 3. Co\mcil requested a hearin3' be held to address the issue of the extension of Shoreline lane (Official map) . City Attorney am 1\dmi.ni.strator reconmerrl a joint hearin3' be set for JUly 12, 1993 to include consideration of whether to proce.n with a p.Jblic improvement project (sewer connection) . If both ; """'",,, (Official map am sewer connection) are approved for this date, in the interim, a feasibility study can be ordered to prepare information for Council consideration at the hearin3'. staff will order these studies unless otherwise directly by Council. 4. Approval of Workplace Safety policy - is required for COlt'pliance with the AWAIR Act as of July 1, 1993. 5. Approve Resolution #93-37-Acceptin3' bid am authorizing sandblasting, repainting and refurbishin:J of the Fernwood street Water Tower - See copy of resolution am bid infonnation attached to resolution. 6. Planning Conunission items: If the Council awroves the Nelson easement vacation, the next approval ~ is the reconnection of . city sewer. Attached is the proposed map which has been agreed to by the City Engineer, Public Works SUperinteOOent am Planner. A l1\Ore straight forward connection is not possible without neighbor =nsent, which has not been given. Mr. Nelson requests a tiJneline to finalize developoent of property of up to 2 years with a possible 2 year extension with suJ:mitting to City the full plans ani tiJnelines prior to beginnirg developoent and/or any dlanges in the plans. . Mr. Nelson requests a 15' easement in order to allow for a larger footprint. Nelson also plans to encase the sewer line in steel casing to reduce/elbninate the need for repairs ani wider easement. However, staff continues to reccmmend a 20' ....=m<>11t for sewer maintenance and upkeep to allow for truck maneuvering, soils, etc. other planning Connnission items - Refer to planning Minutes of June 2, 1993. 7. C G Rein/Dennis Cavanaugh - Birqo License Awlication - Refer to B-2 Business District Ordinance, Attorney Filla's letter addressing the application, Gambling Ordinance Sec. 4-37, ani list of C1laritable Organizations =ently licensed in the city of Arden Hills. 8. Request for Ccunci1lnembers to inform City 1\dmini.st:rator of vacation dates. DAP: rk . . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING June 14, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst. Also present were: City Attorney, Jerry Filla; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. ADOPT AGENDA Note was made that the agenda had been revised to include Consent calendar items "h" and "i". MOTION: Malone moved, seconded by Hicks, to adopt the June 14, 1993 agenda as presented. Motion carried unanimously . (5-0). PUBLIC HEARINGS 1993 PAVEMENT MAINTENANCE - FINAL ASSESSMENT ROLL FOR MILLING IMPROVEMENTS & ADDITIONAL PROPERTY ON OVERLAY ASSESSMENT ROLL Mayor Sather opened the meeting at 7:31 p.m, for the purpose of conducting a public hearing on the adoption of the final assessment roll for the 1993 Pavement Maintenance Improvement project including additional milling improvements and the addition of 3945 Rolling Hills Road to the assessment roll. Note was made that additional milling improvements were petitioned by the affected property owners and the addition of 3945 Rolling Hills Road to the assessment roll was simply an oversight when the assessment roll was originally prepared. Administrator Person verified publication of the notice of hearing in the New Brighton Bulletin on Wednesdays, May 26 and June 2, 1993 and mailing to affected property owners. There was no one in attendance to offer public comment; . Administrator Person reported that no written comments had been received. The public hearing was closed at 7:32 p.m. (Action was taken in this evening's Consent Calendar.) , Arden Hills Council 2 June 14, 1993 . APPROVAL OF COUNCIL MINUTES MOTION: Probst moved, seconded by Aplikowski, to approve the minutes of the May 24, 1993 Regular Council Meeting as prepared. Motion carried unanimously (5-0). CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone, to approve the Consent calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0), a. Approve Resolution No. 93-33 Adopting Final Assessment Roll in the Matter of the 1993 Additional Milling Improvements Relating to the 1993 Pavement Maintenance Improvement Project. b. Approve Resolution No. 93-35 Deferring Assessed Cost of Improvement for Bituminous Overlay (for PIN 28-30-23-24-0009, 3915 Rolling Hills Road) in the Matter of the 1993 Pavement Maintenance . Improvement Project. c. Approve the 1993-94 Public works contract settlement with Local '49 Bargaining Unit with implementation of the contract contingent upon obtaining final signatures, d. Set public hearing date of June 28, 1993 to approve the removal of Sec, VI.F,2. (Parking) from Zoning Ordinance Chapter 213, and to add this section to the Traffic Ordinance Chapter 26.3, and add administrative procedure authority. e. Approve city Administrator salary change to 95% of current Pay Plan effective 4/1/93. following successful six (6) month performance review. f. Appoint Hallie A. Finucane to Human Rights Commission. g, Accept Investment Portfolio for the year 1992 as submitted by Treasurer Terry Post, h. Approve Resolution No. 93-36, Assignment of Corporate Authority to transfer financial instruments at Piper, Jaffray Inc. i. Approve League of Minnesota Cities Insurance Trust rate 7/1/93 to 7/1/94 for health at 1.8% increase of $2.90 single coverage and $7.47 family; dental at 7.8% increase of $1.48 single coverage and $4.71 family. j. Approve list of claims/payroll. . . Arden Hills Council 3 June 14, 1993 PUBLIC COMMENTS There were no members of the public in attendance to offer public conunent. UNFINISHED AND NEW BUSINESS DISCUSSION REGARDING WATER UTILITY RATE INCREASE & CONSIDERATION OF RESOLUTION 93-34 Note was made that the Council had recently decided to consider a water utility rate increase and had discussed aud reviewed the matter at length several times since that decision. The reconunendation of the Finance Conunittee was that a 13% summer and.a\ winter rate increase would be justified and such rate increases should be implemented effective the second quarter of 1993. . The reconunendation of staff was to adopt Resolution No. 93- 34 increasing water charges from $1,79/1,000 gallons to $1.89/1,000 gallons (a 5.6\ increase) for winter water purchases (October through March), and to $1.99/1,000 gallons (a 11.2\ increase) for summer water purchases (April through September) effective April 1, 1993. City Accountant Post's June 9, 1993 memorandum stated that the primary difference between the reconunendations of the Finance Conunittee and staff was the acknowledgment of the inflationary cost assumption in the 1992 Rate Study. MOTION: Malone moved, seconded by Hicks, to adopt Resolution No. 93-34 Establishing Interim 1993 Water Utility Rates Effective April 1, 1993, Motion carried unanimously (5-0) , REVIEW CONSENT DECREE & TRUST AGREEMENT IN MATTER OF OAK GROVE LANDFILL LITIGATION City Attorney Filla explained that the Oak Grove Landfill litigation is proposed to be resolved by means of a Trust Agreement and a Consent Decree, and each municipal unit of government named in the suit is to individually choose . whether or not to participate in the proposed settlement. ---- -.--.-- Arden Hills Council 4 June 14, 1993 . Referring to his June 3, 1993 letter, he explained that entering into the Trust Agreement would provide: 1. That Arden Hills would not be admitting liability by signing the Trust Agreement; 2. That Arden Hills would waive any rights to sue other settling parties and would receive a,similar waiver of claim in return; 3, That Arden Hills would agree to make a settlement payment pursuant to the terms of the Consent Decree; and 4. That Arden Hills would not be entitled to any distribution from Trust assets, if any exist, when the Trust is terminated, He added that entering into the Consent Decree would provide: 1. That current data indicates Arden Hills hauled less than 5,000 cubic yards of municipal solid waste to the site and is therefore considered a de minimus settling . third. party defendant; 2 . That the "de minimus" classification is necessary in order to obtain contribution protection from the United states Government; 3. That the United states Environmental Protection Agency, based upon current data, has no intention of suing the City of Arden Hills; 4. That the City of Arden Hills would make a settlement payment of $26,000 to the United states Environmental Protection Agency in the following manner: A. $15,000 plus interest within 30 days of the entry of the Decree, and B. $11,000 plus interest within one year of the entry of the Decree; 5 . That the City of Arden Hills would make a settlement payment to the United States Fish and Wildlife Service in the amount of $576.14 within thirty days of the entry of the Decree; 6. That the de minimus party contribution protection contained in federal statutes would apply to the City of Arden Hills; and 7. That Arden Hills would not be admitting liability by signing the Consent Decree. In summary, Filla stated that, by participating in the . settlement, the City would make an agreement with the EPA that Arden Hills would not be sued by the EPA and no other parties involved in the matter could sue the City. . Arden Hills Council 5 June 14. 1993 Filla stated that records show that the City hauled only four loads of municipal solid waste to Oak Grove Landfill, two loads marked as trees and shrubs and two loads unmarked. He added that the hauling vendor would testify that all loads contained only trees and shrubs, and therefore. the City contributed no hazardous materials to the landfill. Filla explained that the decision before Council is whether it is more economical for the City to participate in the proposed settlement. at a settlement cost to the City of $26.576.14, or continue legal defense, which may cost the City more than $26,576.14. Councilmember Hicks asked how the EPA arrived at the $26,576.14 figure, and what the City has spent thus far in this matter. Filla explained that many contributors were named in this lawsuit, some of which were municipal units of government; each municipal unit of government was reviewed to determine their individual level of contribution to the 1 andfi 11 ; the EPA arrived at a total amount for landfill clean up responsibility by all the municipal units of . government and divided that total amount amongst the individual municipal units proportionately according to their level of contribution. Administrator Person reported that the only cost incurred thus far is staff time for research and a few thousand dollars in legal fees. Councilmember Hicks asked what chance there is that continuing defense would cost more than $26,576.14. Fi 11 a explained that there is no way of predicting potential legal costs because it is not known to what extent the City would be named in lawsuits brought by other parties. He stated that the City has already been named in at least one suit. Filla added that the significant difference between participating in the settlement or continuing defense is the protection contained in federal statutes. Filla commented that the Council can view the proposed settlement as a high price to pay when the City does not believe it contributed in any way to the hazardous waste found at Oak Grove Landfill, or it can view it as protection against further suit at about $3.00 per resident. Councilmember Aplikowski stated her opinion that since the City of Arden Hills is quite sure they are innocent of any wrongdoing or any hazardous contribution to the landfill, . the City should not participate in the settlement. -- - Arden Hills Council 6 June 14, 1993 . Filla commented that all the municipal units of government involved have fallen victim to this same scenario. He reported which units, to date, had chosen to participate in the proposed settlement. Councilmember Hicks agreed with Councilmember Aplikowski's summation that this entire situation appears to be "bl ackmail" but he added that Council's charge is to resol ve the matter in the least expensive manner. councilmember Probst commented that it is blatantly wrong that Arden Hills and other municipal units of government were named in this suit, and while he finds the situation distasteful, he believes the City has no choice but to participate in the proposed settlement, Councilmember Malone asked if the city could in any way be found responsible for the waste haulers licensed by the City. Filla stated that contributors are divided into the categories of generators, haulers, or operators, and the City cannot be named responsible for simply licensing . haulers to collect waste throughout the City. Councilmember Malone stated that he favors participation in the proposed settlement because it appears to be a rational step in protecting the interest of the City. He said he agreed that the cost is unjust, but he understands that the cost to clean up the environment must be paid somehow. MOTION: Malone moved, seconded by Hicks, to authorize the Mayor to execute the Consent Decree drafted May 24, 1993 and Trust Agreement drafted May 17, 1993 provided that such signatures shall not be effective until the date on which the Consent Decree is entered into Federal District Court. Motion carried (4-1; Aplikowski voted nay, all others voted aye). REVIEW PROPOSED OFFICIAL MAP OF EXTENSION OF SHORELINE LANE City Attorney Filla stated that a request has been received to connect two existing portions of Shoreline Lane (a north/south street located about 250 feet west of Lexington Avenue, which presently is separated by two dead ends) to create a straight through continuous connected street. Councilmember Malone clarified that this matter was reviewed . and discussed by the Planning Commission in February and March of 1992 , however, no official action was taken. -- -- . Arden Hills Council 7 June 14, 1993 Councilmember Probst recalled that perhaps the reason this matter was not brought to closure when it came before the Planning Commission was that although many residents were represented at the meetings, some affected parties were not available for input, therefore, other options were examined. Administrator Person stated that a public hearing would be required before action could be taken, and staff is seeking direction from Council as to what options they wish to consider. She advised that one of the expected Planning Commission agenda items, probably in August 1993, involves proposed subdivision of the Hanson property, which would be directly affected by extension of Shoreline Lane, Councilmember Aplikowski asked if the straight through connection of the two portions of Shoreline Lane would be a positive move from a utilities standpoint, Public Works Superintendent Winkel said it would be, and it would also be better for the Hanson property, Councilmember Malone added that connection of the street would be an improvement from . the standpoint of traffic circulation and emergency vehicle access. Filla said this street connection is not part of the City's official street map, but could be added to the map, thereafter considered a "paper street". He added that doing so should not be difficult and could be accomplished by staff perhaps with the assistance of City consultants. Councilmember Malone said that adding the street to the City's official street map would allow the City to plan for the street connection, Mayor Sather commented that it appears that any option other than creating a straight through connection of the two portions of Shoreline Lane could be problematic. Councilmember Hicks recalled that the Planning Commission's recommendation was for the straight through connection. MOTION: Malone moved, seconded by Aplikowski, to direct staff to prepare the necessary background information and proposed amendments to the official City street map for Council review prior to Council consideration of setting a public hearing regarding the possible connection of the two existing portions of Shoreline Lane. Motion carried unanimously (5-0), . Arden Hills Council 8 June 14, 1993 . COUNCIL COMMENTS LOCAL #49 EMPLOYEES BENEFITS Administrator Person reported that the 1993-94 labor agreement for Local #49 Public Works employees has been signed, however, the question has arisen as to whether the agreement has provided Public Works employees with "similar level of benefits" as other City employees, as required by City ordinance. Person provided a comparison of health, life and dental insurance benefits provided to non-union employees and union employees, and noted that through the Local #49 labor agreement, union employees have the availability of a lesser amount of life insurance than non-union employees. Therefore, she recommended that Council allow union employees to participate in additional life insurance coverage, through the City's plan, at the employee's cost. Discussion took place comparing the limits of coverage . available through various sources to union and non-union employees. Councilmember Malone commented that Local #49 members negotiated for what they wanted, and the City agreed to a settlement, and this matter should have been considered prior to reaching an agreement. Person commented that apparently it was an oversight during union negotiations to review the life insurance coverage limits, and since Local #49 members are expected to renegotiate their plan before the end of calendar year 1993, her recommendation was simply to assure compliance with City ordinance in the interim. MOTION: Hicks moved, seconded by Aplikowski, to approve the Local #49 employees' participation in the City's plan for providing $10,000 life insurance benefits, through calendar year 1993, at the employee's cost. Motion carried unanimously (5-0). MNDOT'S PLANS FOR UPGRADING RAILROAD CROSSINGS Councilmember Malone drew attention to a June 1, 1993 letter from the Minnesota Department of Transportation (MNDOT) regarding MNDOT's safety signage and pavement marking plans . for selected railroad crossings, including the railroad crossing at Grey Fox Road in Arden Hills. . , . . Arden Hills Council 9 June 14, 1993 Malone commented that while he applauds MNDOT's safety efforts, he does not believe the railroad crossing at Grey Fox Road warrants this level of priority because it receives much less use than other crossings. Staff was directed to write a letter to MNDOT advising of Council's position that the Grey Fox railroad crossing need not be a priority crossing in MNDOT's signage and pavement marking program. ADJOURN MOTION: Hicks moved, seconded by Probst, to adjourn the meeting at 8:28 p.m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator NOTICE OF MEETINGS: . The next regular Council meeting will be held June 28, 1993 at 7:30 p.m. at City Hall. . . ARDEN HillS - 1993 PAY PLAN MTIN Ii 20.81 22.11 23.41 24.71 26.01 Administrator 110 $43,285 $45,990 $48,695 $51,401 $54,106 17.14 18.21 19.28 20.35 21.42 Public Works Su t 90 $35,646 $37,874 $40,102 $42.330 $44,558 16.95 18.01 19,07 20.13 21.19 Parks Director 89 $35,265 $37,469 $39,673 $41 ,an $44,081 16.n 17.82 18.87 19.91 20.96 Accountant 88 $34,882 $37,063 $39,243 $41,423 $43,603 Community 15.49 16,45 17,42 18.39 19.36 Plannin Coordin. 81 $32,209 $34,222 $36,236 $38,249 $40,262 14.57 15.48 16.39 17.30 18.21 f>rogram Su ervisor 76 $30,299 $32,193 $34,087 $35,980 $37,874 11.26 11.97 12.67 13.37 14.08 Public Work Foreman 58 $23,425 $24,889 $26,353 $27,817 $29,281 10.89 11.58 12.26 12.94 13.62 Public Works Maim 56 $22,881 $24,077 $25,493 $26,910 $28,326 10.89 11.58 12.26 12.94 13.62 . Senior Acct Clerk 56 $22,881 $24,077 $25,493 $26,910 $28,326 10.34 10.99 11.64 12.28 12.93 Parks Maint 53 $21,515 $22,860 $24,205 $25,550 $26,894 10.16 10.80 11.43 12.07 12.70 Admin Secreta 52 $21,133 $22,454 $23,ns $25,096 $26,416 9,43 10.01 10.60 11.19 11.78 Intermed Acct Clerk 48 $19,605 $20,831 $22,056 $23,281 $24,507 9.06 9.62 10,19 10.78 11.32 Race ionist 46 $18,831 $20,019 $21,197 $22,374 $23,552 . *PN FOREMAN-CURRENT PAY IS $30,430 ($14,63JHQUR) /103.9% OF STEP 5. *PN MAINTENANCE-CURRENT PAY IS $29,806 ($14,33jHOUR) /105,2% OF STEP 5. *PARKS MAINTENANCE-CURRENT PAY IS $28,288 ($13.60JHQUR) /105,2% OF STEP 5. UPDATED 06-28-93 . --- . SECTION II STATEMENT OF POLICY The city of Arden Hills recognizes the importance of the health, safety and welfare of each of its employees and to the level of efficient services it provides for its citizens. The purpose of this safety manual is to institute a basic plan of accident prevention. Employee injuries and accidents mean waste and untold suffering for the injured person and his/her family. Waste not only in loss of tax dollars expended for lost time, compensation payments, and repair costs; but it may also mean diminution of the employee's ability to realize his full earning capacity through permanent or extended temporary disabilities. Individual and family suffering resulting from a disabling injury are recognized as a primary loss to the employee so severe that no dollar value can be placed on it. The loss of limb, impaired vision or other crippling injury are often sobering examples of a neglectful attitude toward safety. The success of any safety program, however, demands more than basic rules and plans. It must become a living, workable program through cooperation and support of all levels of management and employees. The responsibilities of the Safety Coordinator, the department and division head, the supervisor and employee have been defined so each will know what is expected. . The importance of safety consciousness must be emphasized in every task performed. It may be instilled by an acute awareness on the part of department and division heads of their primary responsibility in the safety program; and their obligation to effectively place it in operation through their supervisors. Compilation of accident statistics and recognition of job hazards mean little unless they are made a useful tool from which to build a preventive accident program for the future. Any further questions relative to the procedure of this manual should be directed to the office of the Safety Coordinator. . , . RESOLUTION 93 -37 A RESOLUTION FOR THE CITY OF ARDEN HILLS A RESOLUTION RFJECTlNG ALL BIDS AND AUTHORIZING SOUCITATION OF BIDS FOR REFURBISHING FERNWOOD STREET WATER 'lOWER WHEREAS pursuant to Resolution 93-21, competitive bids were solicited and received for Alternates 1 and 2 as set forth in the bid tabulation attached hereto and incorporated herein by this reference; and WHEREAS the City Council has received information that the documents were interpreted differently by various bidders; and WHEREAS neither the low or second lowest bidder incorporated all portions of the defined project in his bid; NOW, THEREFORE, BE IT RFSOLVED by the City Council of the City of Arden Hills, Minnesota: . 1. The Ma)'or and City Administrator are authorized and directed to reject all bids, on behalf of the City. 2. Maier Stewart & Associates, Inc., shall be instructed to modify the plans and specifications regarding the areas to be painted. 3. The City Administrator is authorized to advertise for solicitation of bids for structural modifications and refurbishing of the water tower, removal of paint, and repainting all surfaces, exterior and interior, according to the modified plans and specifications. The bid opening shall be scheduled for July 22, 1993. Passed and adopted this 28th day of June, 1993. Thomas Sather, Mayor ATTEST: . Dorothy A. Person, City Administrator 000-2405JUN S2().()()().OO -- -- -...- JUN-25-93 FRIll: 00 MAIER STEWART ASSOC, FAX NO, 7740838 P,02 .. . . . . ~ N ~ ~t::!.:: . "':eill [.. !!-"Ia"'/! 'a.~;!!l.;r/! !! . il'iIo' C il' 'il:~!r~" 3".~::.. " :::I Q...iIo ~ "li....!rj .~...,.m .. 'aa;;; '" . ~~~.' a~a:.'il! iri I --mll > ;0 ,1L!'~1 ..i...j> " rn . t1. !I .. Cl 1i'" .. i't> -t i ;...1 /!<- ... ~..", <1 ".. c S; : ii! iil~ 1:-1 ft';!iH: f.[i~: g ~ tt"'8:l!i 'I.. ::.~n!! -IJ~~,g.. 2 ~.. :::12 I . o;,~" . 0'5 :II cgjj' <.. ... ..~.'~~ !!:lb!1.lf ~ ~.' 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PLANNING COMHISSION MEETING WEDNESDAY, JUNE 2, 1993 7:30 P.M. - CITY HALL CALL TO ORDER Chair Winiecki called the meeting to order at 7:30 p.m. ROLL CALL Present: Chair Winiecki, Members: Barb Piotrowski, Raymond MCGraw, Scott Petersen, Marty Rye, Dave Carlson and Steve Erickson. Absent: Councilmember Dale Hicks, Also present: Planning Consultant John Bergly, City Administrator Dorothy Person, Building and Zoning Official, Dave Kriesel and Recording Secretary Jackie Knowlton. APPROVE MINUTES McGraw moved, seconded by Erickson to approve the May 5, 1993 Planning Minutes as submitted. All voted in favor. (7-0) . PUBLIC HEARING CASE #93-09 NELSON RELOCATION OP SANITARY SIlWER . Chair Winiecki opened the public hearing at 7:30 p.m., Case #93-09, Nelson relocation of sanitary sewer. Recording Secretary confirmed the publication of the Notice of Hearing in the New Briohton Bulletin on Wednesday, May 19, 1993, and mailing to affected property owners on the same date. Planning Consultant John Bergly presented the case as a vacation of a sanitary sewer easement on the property located at 3280 Sandeen Road, Arden HillS, Minnesota. The sanitary sewer easement serves the property at 3280 and 3262 Sandeen Road. The applicant has presented three proposals for a reconnection. Bergly noted the following: The sanitary sewer that serves lots on the west side of Lake Johanna is aligned between the homes and the lake. A manhole at the south end of the sewer is located on the south edge of Nelson's lot approximately 75 feet east of the SW corner of the lot. The sewer then continues diagonally across Nelson's lot to a point approximately 100 feet south of the NW corner of the lot. The 20 foot easement leaves the buildable area only 25 feet deep at the east edge of the . property (75' minus 10' minus 40' for the front yard setback = 25'). Mr. Nelson proposes to realign and reconstruct (at Planning Commission Meeting Minutes 6/2/93 3 .' steve Nelson shared pictures with the commission describing the site. His position is that he needs to develop the land and it presently has extreme limitations for development. Another option is to install a pump (ejector station) in or near the existing manhole and pump the waste water to the existing main in Sandeen Road. The piping to be used would improve the service. The city indicated concerns regarding upkeep responsibility and improvement. Nelson further commented that he has offered to pay for all costs, put money in escrow and/or provide a personal guaranty for future problems. He does have a buyer for the lot, but house plans are being delayed due to the sewer situation. Committee member Erickson stated he was very curious as to why there is opposition when it seems like such a simple request and will improve the condition of the site and paying for all costs. Winiecki entertained comments from the floor and requested they state their name and address. Michael Bill - 3280 Lake Johanna Blvd. . His opposition is in regard to the size of the house that will be built on the lot. He would lose his view of the lake. Nelson commented that the proposed house plan is a one story rambler and questioned the legal right to a view and believes there still will be open space. Kim Klawiter - 3262 Sandeen Road Klawiter identified himself as the opposing neighbor to the south of the Nelson property. He stated his opposing comments as the following: He would lose sight of all his neighbors and the view of the bay to the north. He likes the view of the lake and may not have a legal right to it, but he will fight to not lose it. He also is concerned for what the construction would do to his trees that are 70 to 80 years old. They have already suffered due to the drought and from previous disease. The few they have, they would like to keep. They have no problem with their sewer now, therefore, why fix what is not broken. Their house was the very . first house built on the lake and they want to keep things the way they are. Planning Commission Meeting Minutes 6/2/93 4 . Nelson stated he would take all necessary precautions to save all trees and from previous experience feels the trees would survive. The location of the trees in question are 20 feet from the construction site. David Westlund - 3261 sandeen Road Westlund stated that he would also lose the view of the lake. If the house is built close to the lake, it would ruin his view. He stated he has lost all access to the lake because of the removal of two previous easements. The DNR requirements for lakeshore construction were questioned. Marty Rye stated that the requirement is a city ordinance and that the DNR sets standards and does not enforce regulations. Nelson stated the house would comply with the guidelines of the DNR and the city ordinance. Chair Winiecki stated that the easement concern is a legal problem that the City can do nothing about. They should . pursue this concern through legal channels. Candace MCCloskey - 3290 Sandeen Road Mccloskey stated concern for the trees and her garden as she's been told any disturbance to the area could damage the trees. She also requested the commission come view the property so they could get a clearer idea of the situation. Chair Winiecki stated they all have visited the site previous to this meeting as an obligation of being a commission member. Further discussion followed with rising arguments for and against the sewer realignment. Chair Winiecki asked for further comments or questions. Public Hearing was closed at 8:15 p.m. Dorothy Person, City Administrator, stated that because new options have been introduced during this meeting that staff has not had a chance to evaluate, a recommendation cannot be made at this time. McGraw moved that the commission recommend vacating the . easement pending resolution of a specific sewer alignment. Af'tg:r;.-E:~};;o~1:icm o~, ,the alignment. the recommendation f~om, Planning Commission Meeting Minutes 6/2/93 5 . After resolution of the alignment, the recommendation from the commission will be presented to City Council. Erickson seconded. The parties agreed to hold a separate meeting on Monday, June 7 at 7:30 p.m. in the City Hall to come to a resolution regarding the sewer alignment in order to present the recommendation to Council. Piotrowski commented that she would like to go ahead and move to recommend, without staff approval, the alternate option that was presented (Option 4) because it seemed to be the best solution for all involved. Option 4 does not require neighbor approval. It was decided that Option 4 could not be recommended for approval at this time without the staff review, particularly the city consulting engineer and the public works superintendent. Original motion approved 6-1. (Winiecki, McGraw, Rye, Erickson, Carlson voting in favor; Piotrowski opposed.) CASE #93-08 SIDE YARD VARIANCE POR A GARAGE AT 1419 ARDEN . PLACE The applicant proposes to construct a detached garage 5 feet from a side lot line, where a sideyard setback of 10 feet is required. Bergly presented the following considerations: 1- The variance is requested in order to locate the garage in a position to do the least damage to 4 large oak trees. A 36" oak is located 10 feet west of the SW corner of the proposed garage, and three 14" to 18" oak trees are located 8' to 16' north of the garage. The dripline of the trees, presumed to also be the outer edge of the root system, covers all of the proposed garage except the extreme SE corner. 2. There is presently no garage on the property and the only potential location for a garage is to the rear (nortli) of the house. 3. The driveway for the lot under consideration is shared by the lot to the east with the drive splitting just to the south of the proposed garage. 4. In Case #91-15, the owners of both these lots requested . the City approve a relocation of the common lot line between the 2 lots. If the lot line had not been ----- ---- - ---- -- Planning Commission Meeting Minutes 6/2/93 6 4It feet from the lot line and the proposed garage could be placed in the same location as now proposed without requiring a variance. Therefore, the separation between the garages would have been the same as proposed in this request. The neighbor has given written approval of the variance. 5. Moving the garage 5 feet to the west so a variance will not be needed, will make the driveway access to the proposed garage more difficult and moving the garage north to get farther away from the angled lot line, would not be possible without removing the 3 large oak trees. 6. According to landscape architects on our staff, the likelihood of damaging the tree would increase as the garage is brought closer to the tree, covering more of the root system. 7. There appears to be no hardship existing due to the size, shape or topography of the lot, but there is a trade-off - a 5 foot variance for less potential damage to a large oak tree. 8. If the variance is not approved, the applicant could . choose to: a. Encroach 5 feet further on the sensitive root zone. b. Build a 5 foot narrower garage (19 feet). c. Locate the garage further to the rear of the lot (driveway would go across the roots of the trees discussed earlier.) d. Not build a garage. Bergly concluded: staff has chosen not to make a recommendation as there is no hardship in this case. If the garage is constructed over the roots, we would urge the applicant to delay construction of the garage until after July 15th. The greatest chance of triggering oak wilt due to construction activities is in the spring and early summer. If the variance is granted, the action should clearly state the rationale for the action is to: a. Minimize the damage to the 4 large oak trees. b. Allow the owner to construct a garage in the only reasonable location on the property. c. The property does not have a garage presently. . Applicant Bernie Ortt shared some pictures with the ---------- Planning Commission Meeting Minutes 6/2/93 7 . Applicant Bernie Ortt shared some pictures with the commission showing the trees in question and his plans for the garage. Discussion followed regarding the safety of the trees. Ortt confirmed he has no intention of disturbing the roots of the trees and emphasized his main concern is keeping the trees but he has a desire for a large garage. McGraw moved to deny the variance requested in Case #93-08 based on no evidence of hardship. Carlson seconded. Motion carried. (7-0) CASE #93-10 ESTABLISHING FROHTYARD SETBACK FOR AN AREA IDENTIFICATION SIGN When the original PUD plan for the CPI was approved, no change in the site s1gnage was proposed. At this time they propose to update and replace the business sign at the west entrance and the directional sign at the south entrance, and add an area identification sign at the SW corner of the site. Also included in the submission was an overall site . signage plan which shows 3 future information/direction signs at the site entrances along the east property line abutting Fernwood street. A deviation is proposed from the front yard setback requirement for the Area Identification Sign at the corner of County Road F and Hamline Avenue to allow the sign to be placed on the property line rather than having the standard 20 foot setback. The business sign at the main entrance replaces a sign that was previously granted a Front yard Setback Variance due to existing trees that would have to be removed if the variance was not granted. The Variance was issued prior to the PUD, and therefore could not be treated as a deviation from the standard requirements as is done in a PUD. Bergly presented the following considerations: 1- The sizes, heights and number of signs meet all ordinance requirements. 2. The PUD procedure discusses the PUD as an overlay district, whereby the basic underlying Zoning District establishes the basic allowable uses and the general standards for development and that the approved PUD plan establishes the specific regulations for development that shall govern and take precedence over the underlying Zoning District regulations. The PUD . procedure stipulates that the applicant must identify all deviations from the standard regulations. ~._._---_.__.- -~-- ---- ~-_.._- Planning Commission Meeting Minutes 6/2/93 8'" Therefore, a variance is not required, only the approval of the Plan that shows the deviation. 3. Substantial right-of-way was purchased at this intersection when I-694 was constructed. South of county Road F, the north/south lanes of Hamline are divided by a wide grass median. Signalization has been discussed for this intersection but no plans have been made for the signals or reconfiguration of the intersection. The large triangle at this corner would be a good candidate for turning back to the OWner, however it would be inappropriate to turn back any of this right-of-way until plans for the intersection are developed that indicate it is not needed. 4. The wide R/W at the intersection, puts the property line where the sign is located about 65 feet from the travelled lanes of both Hamline and County Road F. Ordinarily this distance is about 15 feet. The required 20 foot sign setback would require the sign to be 85 feet from the curb line in this case where ordinarily it would be about 35 feet. 5. The edge of the woods is about at the R/W line where the sign is proposed. Trees and dense brush provide a . buffer between the streets and the buildings, parking and interior drives. A 20 foot sign setback would require removal of both brush and trees to make the sign visible from the streets. 6. The nearly 40 acre site with only one use means that the signs proposed in this application are likely to be the only ones ever needed. For comparison, ordinary lot-by-lot development like the Lexington Avenue or County Road E business areas would have 4 to 6 different owners on each street frontage of the property, each with their own signs. 7. The 4' high granite wall on which the sign is proposed is permitted to be located in the front yard as proposed. Recommendations: The proposed sign is appropriate in this instance for the reasons stated in considerations 3 through 6 above. The PUD allows flexibility in applying specific regulations and inherently allows trade-offs to be considered -- unlike strict application of the variance procedure. Action should stipulate that the proposed signs and signage plan are made . a part of the overall CPI PUD. , . Planning Commission Meeting Minutes 6/2/93 9 . Terry Wobken, an architect representing CPI, presented a scale model of the plan and material samples that will be used for the signs. McGraw moved to approve case #93-10 establishing front yard setback for an Area Identification Sign, update and replace the business sign at the west entrance and the directional sign at the south entrance. Seconded by Carlson. Passed unanimously. (7-0) COUNCrL REPORT/OTHER rSSUES City Administrator, Dorothy Person, updated the Planning Commission on the progress of interviewing applicants for the Community Planning Coordinator position and stated a decision should be made by June 4, 1993. ADJOURN McGraw moved, seconded by Piotrowski to adjourn at 9:20 P.M. . Chair Jeanne Winiecki . ---- . , CITY OF 1\RDEN HILIB MI!IDU\NIltIK . TO: ....... .... crrr ..... ..,........ rvr FRCM: DC.R7.l'IlY A. :PERStti, CITY.l\I:Im!IIS'UlA DATE: JUlIE 21, 1993 SCBJECT: 3280 jp""'1l!II!Io1 Ram On Monday .JUne 7 at 7:00 pm, the following people met to rli..,..."c<-;; a solution to the sanitary sewer reconnection at 3280 SaOOeen Road. Mark Graham from Maier stewart, John Bergly, Planning Consultant, Dorothy Person, City lIdministrator, can:lace McClosky, Kathy Klawiter, Kim Klawiter, David Kriesel, Building Official, Dan Winkel, Public Works SUperint:erxient, Kathy Nelson, steve Nelson, and Warren White were present. Dorothy Person inticated that the purpose of this meeting is to attempt to came to some Jdnj of cooperative agreement on the sewer hookup at 3280 Sandeen Road. Various options for sewer hookup are possible without neighbor consent. However, the engineering and professional staff at City Hall wcu.ld prefer to see a straight line hookup (which does require neighbor consent) . However , other options are available which are not the preferred options, I::ut are acceptable options. . Many alternatives were discussed including various minor charqes in what was already sul:mitted to staff and planning lYIII1Illi "'-<;lion. Erqineer WaIren White sul:mitted alternative options inticatin;)' which options are IOOre beneficial than others. Discussion followed between neighbors regarding potential effects on trees, Klawiters' =rent alignment, and materials of which the sewer is currently made up of. ']he final decision was depen:ient upon Klawiter's agreement or lack of agreement with options. Mr. Klawiter inticated he would absolutely not consider aIrf kin:J. of neighbor cooperation in this situation. Erqineering staff, Planning, and the Public Works Superintendent met following this statement with steve & Kathy Nelson in order to identify the best alternative that does not require neighbor consent. This option was identified at the Planning /"rmnk~ion meeting as Option #2. 'lhis option requires hookup to existing manholes and requires sharp angles which is not the preferred alternative, I::ut will work. 'The Option #2 alternative does not effect the current hookup of Klawiters and therefore does not require neighbor consent. This alternative will be brought to the Council meeting on June 28, 1993 for recommen:lation as the acceptable method of sewer reconnection. DAP:rk . . . Stephen L. Nelson 3475 Siems Cou...t A...den Hi lls, MN 55112 Home: 636-0414 Wo...k: 646-5000 Fax: 646-6504 June 17, 1993 Ms. Do...othy Pe...son, Administ...ato... City of A...den Hills 1450 W. Highway 96 A...den Hi lls, MN 55112 ...e: Application fo... Relocation of Sewe... Easement and Sewe... Line on p...ope...ty at 3280 Sandeen Rd_ Dea... Ms. Pe...son, I would like to thaDk you, all of the othe... city staff membe...s and the city's outside cODsultants fo... taking the time to meet with us ...ega...ding my sewe... p...oject. You and the othe... people at the meeting did aD excellent job keeping us focused on the issues. . It's unfo...tuDate that M.... Klawite... did not make his position clea... in the beginning so that we could have minimized all of our time as well as thei... time. If he wasn't open to discuss the issues, I am sti 11 trying to figu...e out why he even attended the meeting. I apologize that it ended up beiDg a waste of eve...yone's time and that it took all of yoU away f...om your families. I had beeD hopeful that it would be a cODst...uctive meeting. At the planniDg commissioD meeting on JUDe 2, 1993, a ...eference was made by M.... Klawite... and anothe... neighbo... about a 1 et te... that I had sent to all of the neighbo...s except M... . Klawiter. After calling seve...al neighbors and stopping at several homes to get names to go with the addresses, it became evident to me that the neighbo...s who we...e not di rectl y involved would all be conce...ned about exactly what was going to happeD aDd how it would affect them. In light of this conce...n exp...essed by seve...al people, I p...epared a lette... and mailed it to the Deighbors to hopefully minimize any conce...ns that might be ...aised by a brief notice aDd to try and explaiD my ...equest. M.... & M...s. Klawiter did not receive a COpy because they al...eady had received information about my proposal and plans to go to the city. A copy of the letter is enclosed. This lette... was mailed the weeKend before I delive...ed the address labels to Jackie so that everyone should have received the letter before the city notice. . I am sure you are wondering why I am bringing this up aDd providing you with a COpy, First. I unde...stand that the Mr. - ------- . . Page.2 Ms. Person, Administrator June 17, 1993 Klawiter aDd some of the Deighbors who are agaiDst the construction of a new home on my property aDd my request for a vacation of the sewer inteDd to try aDd use this letter at the city council meeting to infer that I am not an honest person aDd that my statements caDDot be trusted. Secondly, that I intentionally misled the other neighbors so that they did not attend and voice their objectioDs at the public hearing aDd thus the city planning commission voted without any input from the other neighbors. In view of the above facts, I thought it best to get a copy of the letter in question to the city before the council meeting so that if this letter becomes an issue, the city has had a chance to read it. Never in a million years did I ever dream that my letter which I thought would be helpful to the neighbors aDd the city staff by providing the neighbors with information would ever cause such a ruckus! Our goal is to get the drawings to yOU on Monday. At Dan . WiDkle's request, we will submit 12 copies to you. Please call me if you have any questi SLN/SANDEEN/L031.SLN . , STEVE NELSON . 3475 SIEMS cr. ARDEN mr T ~ MINNESOTA 561U . Phoae: (h) 636-0414 (w) 646.5000 re: Petition for vacation and relocation of Sewer on property at 3280 Sandeen Rd. Dear Neighbor, I own the house at 3280 Sandeen Rd. I have recently filed a request with the City of Arden Hills for moving a sewer easement which crosses my property between the house and Lake Johanna. The sewer line ends at my south boundary line. ,The sewer in question is at the end of the sewer line. The sewer services only my property and the house directly to the south of my property. The city of Arden Hills has an ordinance that requires a public hearing and the sending of a written notice of the hearing to all owners within 350 feet of my property. Thus, you will soon be receiving a notice from the city about the planned public hearing on my request for vacation of the sewer easement and the . granting of a new sewer. You should also know that I will be paying for,all costs relative to moving the sewer so that no part of the expense will be paid by the city. I have been informed that the city only sends notice of the hearing and rarely an explanation of the proposed action and how it will affect you. I am sending this letter to you as a courtesy to explain in advance the purpose of my petition and hopefully to save you any concern, anxiety and/or a call to city hall to procure an explanation as to how this will affect your property and sewer. The proposed moving of the sewer and vacation of the sewer easement will not affect you or your sewer in any manner. The public hearing I believe will be held on Monday, June 7, 1993 at 7:00 p.m. in the city hall. Although your attendance at the public hearing is not required or necessary, it is open to the public and everyone is welcome to attend. . c:\wpSl\sln\sandeen\L022.s1n JUN-23-'93 WED 1:3 : ~ "7 SANDER AND ASSOCIATES poe::;; - ~ c In -' I ~ \~ ~ ~ ,J ~- Z , 0 C , '1 " " .... . 'U . ,.., I- ~ CI) . '1 ~ ~'" , .l , , .i: o~ , . lL~ , E :J:c:i <l ~ :IN ill'; ~ ,I 130 .,. '" .6= ;'" .. " 0 Ill.", & CD ~'" \ u a ~... r " :'. t- - I " 0 . I ~ ~ -..-. c: ---. I' ~ i--.... ,(Jeres - - \ Oi: .L01 " IU.LOl CD cr: f CI)'~ ~ ..~. ~ ...... ~ :. l () ~ > Gl .!Z ~ ;,o:! OIGlO i:i!& ~~i ~'/'O1~ i f = I .. '0, oQ,Q. Q) . · '0 u ~ - > ".-'- fJl 0 CG ~ 0 . / I l' I J: / .. , . . - . ClIAIUTABLE 01l.GAlfl:ZATIOHS LICENSE ~ CHARITABLE GJ'MllI.DICr"fiI ARDEN HILLS ,..sa.-t2 ORGANIZATIONS TYPE OF LICENSE/LOCATIOII' DATE Gnll'TED Concordia Singing Society Class A - Pot 0 Gold Bingo 12-03-9~ 1079 Rice Street . st. Paul, MN 55113 st. Paul Turners Class A - Pot 0 Gold Bingo 1-13-92 2500 Lexington Avenue Mendota Heights, MN 55118 Light Brigade, Inc. Class A - Pot 0 Gold Bingo 11-25-91 1504 W. Highway 96 Arden Hills, MN 55112 st. Mary's Romanian Orthodox Class A - Pot 0 Gold Bingo 1-27-92 854 Woodbridge st. st. Paul, MN 55117 Arden Hills/Shoreview Lions Class B - Pull Tabs Ramada 9-14-92 4500 Galtier st. Shoreview, MN 55126 . Arden Hills/Shoreview Lions Class B - Pull Tabs Big 11-25-91 4500 Galtier St. Ten.,.Supper Club Shoreview, MN 55126 Light Brigade,Inc. Clas~B - Pull Tabs 1504 W. Highway 96 Blue Fox Inn 11-25-91 Arden Hills, MN 55112 ABWA - Lady Slipper Chapter Class B - Flaherty's 9-26-91 2030 Glenpaul Avenue Arden Bowl Arden Hills, MN 55112 . , . Warren E, Peterson PETERSON 100 1\1idwest Federal Building Jerome P. Filla '10 Eas( Filth Street Daniel Witt Fram ,._...._._..___m.. _...._.___.. ....... ... ".__.._.~.:J....___..~.___~_.,,_ Glenn A. Bergman FRAM BERGMAN St Paul. MN ;')101-1197 fohn Michael Miller .:.llI.iI'tII.:s..........~~.~._~......."'D't....~'!IIII.I.~1 lbI2i211H19,)') . Gary W Becker- [6121228-17')3 facsimile Timothy I. Hassett.. Michael T. Oberle Melvin J. Silver, Of Counsel Kenneth A. Amdahl June 17, 1993 Ms. Dorothy A. Person City Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112-5794 RE: Application for Bingo Hall License C G Rein/Dennis Cavanaugh Our File No: 10450/920001 Dear Dorothy: For purposes of this correspondence I will assume that the site proposed for use as a Bingo Hall by C G Rein is properly zoned for . the intended use and that there are no existing special use permit provisions applicable to the site. The only remaining issue then relates to the city's gambling regulations. Cities can be more restrictive than the State of Minnesota in regulating gambling operations (MS~349.213), and, in fact, the City of Arden Hills has chosen to be more restrictive by limiting the location at which gambling activity can occur and the total number of gambling licenses which may be outstanding. Therefore, there are two reasons why the application cannot be processed without amendment to the city's current regulations: (i) All class A gambling activities must be conducted on the same premises (Arden Hills Code ~4-37). Class A licenses permi t all forms of lawful gambling (i. e. Bingo, raffles, paddle wheels, tip boards and pull tabs). The application indicates that C G Rein would be conducting Class A gambling activities on some location other than the present Pot-O-Gold site. This is not allowed under current city regulations. (11) No more than 9 gambling licenses of all classes may be outstanding at anyone time. (Arden Hills Code ~4-38). If there are currently 9 licenses outstanding, no additional permits could be issued for those organizations which intend to use the C G Rein site. . . . . Ms. Dorothy A. Person June 17, 1993 Page 3 If you have any questions please contact me. Very truly yours, JPF:als . . --...---- I : I 4. R4 /l(uJJipk DwelJIng Dlstrit:t I. .. To establish - for !be dcveloplllllDt of lDuUiple dwelliug sInIcIluas with a ....".;-..m deasity of 12 llllila per nee acre b. To pmuit !be most inleasive resideatial daveJopmellt allowed in !be City c. To mainlaill OIl r o;'Uy teSid...tial chancier in _ developed It a _ ialeasive I deasity S. B-ll.imiud IlusiMu DisIrlct I .. To establish - for !be locatiOll lad developlllllDt of od_;ft;orrative office lo..jJd;ftll" lad related office IISeII wbiclt .... subject to mom restrictive COIIIroIs I b. To provide a district wbiclt is relsred to lad may reasonably I<ljoin high density or other residential districts c. To establish a busiaeas district in wbich there is limilod CODUct with the public lad 120 exterior display or selling of Dlef!!h'ftd;... to the geaeral public i 6. B-2 GU4raJ Busbuu Dlstrit:t .. To aroup compatible retail lad service business IISeII which will tead to draw Inde that is DalUraIly inlen:hangeable lad so promote business prosy...;ty b. To provide OIl adequate supply of b..si.a--- , and professional service .-. to meet !be ~ of !be residenla c. To promote a high quality of total COIIIIIIe1cial developmeat lad design that produces a positive visual image d. To _;ft._;.,. the effects of lIaffic 00IIpIIti0a. noise, odor. gWw aad simiIlIr safety probl81llS . 7. B-J S4me4 Busbuu DisIrlct .. To acco_nond.... OIl adequate supply of1>o',;-.- ...d services that serve the COIIIIIIIIIIity ...d motorists travelliDg IIuough !be COIIIIIIIIIIity with a broad ""'p of servicea lad goods b. To provide locations for IISeII that: may be incompatible with retail ceaters. lbereby keeping the retail centers compact lad coaveaient c. To keep services in clOSll proximity to arterial _ or highways in .-. that .... appropriarely desigualod 011 !be Collli<'.o...sive Plan d. To eacourage arouping of compatible lad lIIIItUaIIy supportive busiaeas 1ISllS lad services e. To pro_ busiaeas pl'06l""ity f. To establish a high staadard of developlllllDt and design that producos a positive visual image aad "';ft;_;_ !be effects of traffic COIIges!iOIl. l2Oise. odor lad gWw g. To allow a lransitioaai reuse of ~sting buildings lUltil III&ri<et Wllditions WlUTllIIt redevelopment h. To enhance redevelopment potentia! by prohibiting IISeII thlt would impede redevelopmeat I i. To easure acceptable traffic operations 011 local streets I J. To promote fl~bilily in land IISeII lad site developmeat Sl&IIdards to acltieve!be purposes of the district lc. To implement that part of the Ard... Hills Compreheu.sive Piau Iatowa as Lexiagtoa Avellue Busin.... Area PIau . .y - 3 --"---- -~. - _. -,_.~- --------- :- . ..~ --: ~ ~'" .- ,::.';Ii.,.- . . ( AMUSEMENTS. PARKS AND RECREATION ~ 4-38 lawful gambling activities to be conducted in the city during the year in which the permit renewal will be effective. (2) Any organization applying for a new permit which will be effective after January I, 1991, shall provide the city with a certified statement containing the organization's projec. tion of gross receipts and total prizes for all lawful gam. bling activities to be conducted in the city during the year in which the permit will be effective. (Ord. No. 265, ~ 5-5, 12.11.89; Ord. No. 268, ~ 5.5, 7.30.90) Sec. 4-36. Lawful gambling fund. All organizations permitted to conduct lawful gambling within the city shall contribute ten (10) per cent of their net profits de- rived from lawful gambling activities within the city to a special fund to be administered by the city council for lawful purposes. Payments to the fund shall be calculated for quarterly periods ending on the last days of March, June, September and December ( of each year. Quarterly installment payments shall be submitted together with verifiable supporting documentation, not later than the twentieth day of the month following the end of the quarterly . period. (Ord. No. 265, ~ 5.6, 12-11.89; Ord. No. 267, ~ 5-6, 3.26-90; Ord. No. 268, ~ 5-6, 7.30-90) Sec. 4-37. Location of lawful gambling operations. All lawful gambling activities authorized by a board-issued Class A license shall be conducted on the same premises. All lawful gambling activities authorized by a board.issued Class B license shall be conducted on premises which have also been issued valid on.sale intoxicating liquor licenses. All lawful gambling activi- ties authorized by a board.issued Class C license shall be con. ducted at a church, school or auditorium. (Ord. No. 265, ~ 5-7, 12-11-89; Ord. No. 268, ~ 5-7; 7-30.90) Sec. 4.38, Number of licenses authorized. No more than ten (10) lawful gambling licenses of all classes shall be issued and outstanding at the same time; provided, how. ever, that the total number of authorized licenses shall be re- supp. No_ 20 198.3 I ! . tc..: U fy CD l.JJ'VcU... . JW'\.e. ZSl) I q,q 3 . . Date: June 23, 1993 To: City of Arden Hills From: Residents ofEdgewater Estates Re: Old Highway 10 The undersigned, representing the residents of the Edgewater Estates, requests that the City of Arden Hills ask Ramsey County to advance the date of completely revamping the two miles of Old Highway 10 between County Road F and Highway 96 from 1997 to 1994. Basically, we feel that this is a forgotten roadway. Forgotten not in the sense of the amount of use but by the County in terms of maintenance. Among our complaints are the following: . 1.) The roadway contains a variety of ill-maintained surfaces of differing widths and surface quality. 2.) No shoulders on part of the road and badly maintained gravel shoulders on the rest of the roadway. 3.) Almost totally obliterated center marking stripes and no white marking stripes on the road sides. 4.) A high (45 mph), poorly enforced llpeed limit in a residential area. 5.) Filthy grafitti on the bridge supports beneath Interstate Highway 694 which in the past has been allowed to remain month after month. This year it was painted over and we hope it will remain that way. 6.) No sign denoting the name of the road at the Highway 96 intersection. Old Highway 10 carries a large amount of traffic during the school year (September to . June) as it is the primary means of access to Mounds View High School by students, buses and parents living in the northern and eastern part of the school district. - --_._~ - ----- . . . The condition of the road is such that we feel it is a danger to drivers, pedestrians and bicyclists due to the above described surface, marking, speed limit, and shoulder conditions. Unless we the the residents who live along the road drive to another location, we have no choice but to walk or bicycle along the road for exercise as there are no parks and no sidewalks in our immediate area. On such walks or bicycle rides we are subjected to automobiles, busses and trucks moving at high rates of speed it is a danger to all of us. Weare asking that Ramsey County not just resurface the road but that it undertake a complete reworking of the road to bring it up to currently acceptable standardll. This would mean new surfaces, shoulders wide enough to safely accommodate hikers and bikers, an enforced reduction of the speed limit to 30 miles per hour, and striping of the road to delineate center lines and side lines. reasonable period after it appears. Sincerely, '/. .", ..' I .'-'( ., .',/~L//' Chiuies H. Stoddard, Jr. President, Arden Hills Townhome . Association, Inc. . ------- u: 0fy CD~ . JW'\.e. Z'i11 /q,Q3 . Date: June 23, 1993 To: City of Arden Hills From: Residents of Edge water Estates Re: Old Highway 10 The undersigned, representing the residents of the Edgewater Estates, requests that the City of Arden Hills ask Ramsey County to advance the date of completely revamping the two miles of Old Highway 10 between County Road F and Highway 96 from 1997 to 1994. Basically, we feel that this is a forgotten roadway. Forgotten not in the sense of the amount of use but by the County in terms of maintenance. Among our complaints are the following: . 1.) The roadway contains a variety of ill-maintained surfaces of differing widths and surface quality. 2.) No shoulders on part of the road and badly maintained gravel shoulders on the rest of the roadway. 3.) Almost totally obliterated center marking stripes and no white marking stripes on the road sides. 4.) A high (45 mph), poorly enforced speed limit in a residential area. 5.) Filthy grafitti on the bridge supports beneath Interstate Highway 694 which in the past has been allowed to remain month after month. This year it was painted over and we hope it will remain that way. 6.) No sign denoting the name of the road at the Highway 96 intersection. Old Highway 10 carries a large amount of traffic during the school year (September to June) as it is the primary means of access to Mounds View High School by students, buses . and parents living in the northern and eastern part of the school district. . . . The condition of the road is such that we feel it is a danger to drivers, pedestrians and bicyclists due to the above described surface, marking, speed limit, and shoulder conditions. Unless we the the residents who live along the road drive to another location, we have no choice but to walk or bicycle along the road for exercise as there are no parks and no sidewalks in our immediate area. On such walks or bicycle rides we are subjected to automobiles, busses and trucks moving at high rates of speed it is a danger to all of us. Weare asking that Ramsey County not just resurface the road but that it undertake a complete reworking of the road to bring it up to currently acceptable standards. This would mean new surfaces, shoulders wide enough to safely accommodate hikers and bikers, an enforced reduction of the speed limit to 30 miles per hour, and striping of the road to delineate center lines and side lines. reasonable period after it appears. Sincerely, \~, .' , .. / :";; -!\~/LI i" Charles H. Stoddard, Jr. President, Arden Hills Townhome . Association, Inc. . - . , u: o fy CD l.JJ'VcU... JW'\.e. Z'i11 /q,Q3 . Date: June 23, 1993 To: City of Arden Hills From: Residents of Edge water Estates Re: Old Highway 10 The undersigned, representing the residents of the Edgewater Estates, requests that the City of Arden Hills ask Ramsey County to advance the date of completely revamping the two miles of Old Highway 10 between County Road F and Highway 96 from 1997 to 1994. Basically, we feel that this is a forgotten roadway. Forgotten not in the sense of the amount of use but by the County in terms of maintenance. Among our complaints are the following: . 1.) The roadway contains a variety of ill-maintained surfaces of differing widths and surface quality. 2.) No shoulders on part of the road and badly maintained gravel shoulders on the rest of the roadway. 3.) Almost totally obliterated center marking stripes and no white marking stripes on the road sides. 4.) A high (45 mph), poorly enforced speed limit in a residential area. 5.) Filthy grafitti on the bridge supports beneath Interstate Highway 694 which in the past has been allowed to remain month after month. This year it was painted over and we hope it will remain that way. 6.) No sign denoting the name of the road at the Highway 96 intersection. Old Highway 10 carries a large amount of traffic during the school year (September to . June) as it is the primary means of access to Mounds View High School by students, buses and parents living in the northern and eastern part of the school district. . . . The condition of the road is such that we feel it is a danger to drivers, pedestrians and bicyclists due to the above described surface, marking, speed limit, and shoulder conditions. Unless we the the residents who live along the road drive to another location, we have no choice but to walk or bicycle along the road for exercise as there are no parks and no sidewalks in our immediate area. On such walks or bicycle rides we are subjected to automobiles, busses and trucks moving at high rates of speed it is a danger to all of us. We are asking that Ramsey County not just resurface the road but that it undertake a complete reworking of the road to bring it up to currently acceptable standards. This would mean new surfaces, shoulders wide enough to safely accommodate hikers and bikers, an enforced reduction of the speed limit to 30 miles per hour, and striping of the road to delineate center lines and side lines. reasonable period after it appears. Sinrerely, ,- 53 ' , i /' ~ " ./ I // 1 d.... _ l'~~/>~~ Z~.. Chartes H. Stoddard, Jr. ./ President, Arden Hills Townhome . Association, Inc. . DRAFT . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING July 26, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone. Councilmember Probst was absent. Also present were: City Engineer, Terry Maurer; Public Works Superintendent, Dan Winkel; Community Planning Coordinator, Brian Fritsinger; Administrative Secretary, Renee Kaulfuss; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. ADOPT AGENDA MOTION: Malone moved, seconded by Aplikowski, to adopt the July 26, 1993 agenda as presented. Motion carried unanimously (4-0). . APPROVAL OF COUNCIL MINUTES Councilmember Malone asked that the word "purchase" in the second line of page three of the July 12, 1993 minutes be changed to the word "provide"; the resulting sentence would read " to indicate the City's interest and willingness to provide appropriate right-of-way " MOTION: Malone moved, seconded by Hicks, to approve the minutes of the July 12, 1993 Regular Council Meeting including the change to page three noted above. Motion carried unanimously (4-0). CQNS~NT CALENDAR MOTION: Hicks moved, seconded by Aplikowski, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve Developer's Agreement for Cottage Villas of Arden Hills (contingent upon final approval of lender). b. Approve expenditure of $4,000 to order a geotechnical study of the roads anticipated for . improvement in the 1994 Pavement Management Program. ------.- --..---....---- Arden Hills council 2 July 26, 1993 . c. Approve Resolution #93-38 - Accepting bid & authorizing execution of contract in the matter of structural refurbishing, sandblasting & repainting of Fernwood Water Tower. d. Approve payment of Pay Estimate No.1 in the amount of $56,147.31 to T.A. Schifsky and Sons, Inc. for work completed on the 1993 Pavement Maintenance Improvement (bituminous overlay). e. Approve payment of Pay Estimate No.3 (final) in the amount of $5,336.50 to Machtemes Construction, Inc. for completion of 1992 Keithson Pond Improvements. f. Approve for publication the ordinance summary of Ordinance #294 relating to parking regulations. g. Approve request for door-to-door canvassing by Freedom Place, Inc. h. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. . UNFINISHED AND NEW BUSINESS CASE #93-08 VARIANCE FOR GARAGE BERNIE ORTT. 1419 ARDEN PLACE Community Planning Coordinator Fritsinger explained that Bernie Ortt, 1419 Arden Place, has applied for a variance to sideyard setback to accommodate a garage he is proposing to construct at that address. Fritsinger stated that City Code requires a 10' sideyard setback for the subject property, however, due to the position of the existing driveway (which is a shared driveway with the adjoining property owner to the east) and the position of existing mature trees, the Applicant has requested a variance to the sideyard setback requirement. Fritsinger reported that the Planning Commission reviewed the Applicant's original request at their regular June 1993 meeting and denied the variance on the basis that they did not find that "hardship" required for the granting of a variance had been demonstrated. He added that the Applicant is now before Council to appeal the Planning commission's denial. . - . Arden'Hills Counci 1 3 July 26, 1993 Fritsinger noted that at the Planning commission meeting, the Conunission reviewed a proposal for a 24' X 26' garage, which would be located at an angle to the side property line whereby the front corner of the garage would encroach five feet on the required sideyard setback, and the back corner of the garage would encroach a lesser amount. Fritsinger stated that since the Planning Commission action, the Applicant has revised his proposal by reducing the size of the garage to 22' X 26' and moving the garage slightly more to the rear of the property, the affect of those revisions being that the front corner of the garage would be seven feet from the property line (an encroachment of only three feet on the sideyard setback) and the rear corner of the garage would be 11 feet from the property line (exceeding the minimum 10' sideyard setback requirement). Hicks conunented that the Applicant, by revising his plans, has attempted to reduce the sideyard setback encroachment to the extent practical, and in fact, considering that the garage is planned to be at an angle with the side property . line, the "average" sideyard setback on the revised proposal is nine feet, an "averageU encroachment of only one foot. Hicks recalled that the property owner to the east of the Applicant took action a few years ago to acquire a strip of property along the common lot line, effectively moving the conunon lot line closer to the Applicant's home. The Council was advised that if that acquisition had not occurred, the Applicant could construct the proposed garage without the need for a variance. The Applicant commented that the acquisition of the strip of property along the common property line took place prior to his ownership of the subject property. He added that he has been told that the reason for the shifting of the conunon property line was to allow the property owner to his east to park his boat and stack fire wood along his garage without encroaching on the common lot line. Mayor Sather commented that the Applicant currently has no garage and prohibiting the construction of a garage could be construed as denying the Applicant reasonable use of his property. He reiterated that the Applicant has attempted to reduce the encroachment to the extent practical without sacrificing mature trees. . . Arden Hills Counci 1 4 July 26, 1993 . MOTION: Hicks moved, seconded by Aplikowski, relative to Case # 93-08, to grant a three foot sideyard setback variance to allow the Applicant to construct a 22' X 26' garage on the subject property. The basis for the granting of this variance is that 1) Construction of a garage of the proposed dimensions is reasonable use of the subject property, 2 ) Previous movement of the common lot line between the subject property and the lot to the east has resulted in limited space in which to locate a garage without the removal of mature trees from the subject property, and 3 ) The proposed garage ~s to be placed at an angle to the property line, therefore, the "average" sideyard encroachment will be only one foot. Motion carried unanimously (4-0). CASE #93-09 DISCUSSION OF SEWER EASEMENT VACATION & RECONNECTION!EXTENSION - STEVE NELSON, 3280 SANDEEN ROAD Mayor Sather reported that per information from staff, Steve Nelson is currently involved in negotiations with his . neighbor which could have an affect on this case, therefore, at the Applicant's reques t , it would be appropriate to defer consideration of this case until the regular August 9 Council meeting. MOTION: Hicks moved, seconded by Aplikowski, to defer consideration of Case #93-09 until August 9, 1993 per the Applicant's request. Motion carried unanimously (4-0) . SANITARY SEWER SERVICE REOUEST WARREN HANSON PROPERTY Public Works Superintendent Winkel recalled that the City recently approved a subdivision of property creating four lots from the Warren Hanson property. He added that Mr. Hanson now has a prospective buyer for one of the lots created (Lot 2 , Block 1), and has been working with City staff to determine what options are available to provide sewer service to that lot. Winkel reviewed the following four options and the pros and cons and estimated costs of each: l. Construct a holding tank on Lot 2, Block 2 - (cost unknown) . 2 . Construct a service line on Hanson property extending along the south property line - (cost about $6,000) . Arden Hills council 5 July 26, 1993 3 . Extend sewer main located on Lexington Avenue to the southeast corner of Lot 1, Block 1, and then the owner could extend a service line to this main - (cost about $21,000) 4. Expand the gravity sewer line along Shoreline Lane across the Bachman property - (cost about $8,000) Winkel stated that staff's recommendation is option 2 since option 4 does not appear to be acceptable by Bachman. Councilmember Malone asked how the other four created lots propose to manage sewage. Winkel explained that sanitary sewer service is readily available to Lot 2 , Block 2 and Lot 1, Block 2 through connection to readily available existing 1 i nes , and that Lot 1 , Block 1 has the option of arranging connection from Lexington Avenue or hook up to whatever arrangements are made for Lot 2, Block 1. He emphasized that the only problematic lot is Lot 2, Block 1 because it is landlocked and has no existing sanitary sewer line readily available. . Winkel noted that if option 2 were chosen, it would require the sewer line to cross a City easement (the Shoreline Lane right-of-way) . He commented that if option 2 were chosen, there would need to be an understanding between the City and the owner of Lot 2, Block 1 that the crossing of the Shoreline Lane easement would become null and void at such time in the future as Shoreline Lane were improved, and alternate sewer arrangements would then need to be made. City Engineer Maurer added that option 2 assumes that Lot 2, Block 1 would connect to the service available to Lot 1, Block 2. He strongly recommended that the connection be a private sewer service arrangement between the two property owners rather than the line becoming part of the City's sanitary sewer system. He said that the City could consent to the private sewer service arrangement, but given the unique circumstances in this case, he recommended the City not have ownership or maintenance responsibility. Maurer added that the "private sewer service" he recommends is a feasible approach and the only formal action required of the City is for the City to consent to that arrangement. The prospective buyer for Lot 2, Block 1 expressed concern regarding being required to hook up to the City's sanitary . sewer service should Shoreline Lane be improved sometime in the future. ------- -- ---.--- Arden Hills council 6 July 26, 1993 . Councilmember Malone commented that the most sensible way to provide sewer service to Lot 2, Block 1 would be by crossing the adjoining property owned by Mr. & Mrs. William Bachman, but since the Bachmans do not appear to be agreeable to such crossing, the City is attempting to find a way for Lot 2, Block 1 to be usable with some kind of sewer service. Hanson asked if the "private sewer service" arrangement would require a specific width of easement. Maurer said since the arrangement would be a private matter between the property owners the easement arrangement would also be a private matter. Maurer added, however, that if Hanson were successful in negotiating a crossing of the Bachman property, that option would result in a City-owned sewer extension and the City would require appropriate easements. Councilmember Hicks reminded the Applicant that upon the sale of any of the lots created by his subdivision, Hanson is then responsible to pay established park dedication fees. Hanson said he was aware of that requirement. MOTION: Malone moved, seconded by Hicks, to endorse a private . sewer service arrangement in the configuration referred to as option 2, and grant permission for the private sewer service to cross the City easement known as Shoreline Lane, with the understanding that permission to cross the Shoreline Lane easement would cease at the time of improvement of Shoreline Lane, and the Applicant or successive owner(s) would then be required to connect to the City's sanitary sewer service. Motion carried unanimously (4-0). COUNCIL COMMENTS SNELLING AVENUE/T.H. 51 BARRICADE Administrator Person reported that correspondence was recently received from Tom O'Keefe from MNDOT indicating that MNDOT prefers not to make significant changes to the Snelling Avenue/T.H. 51 barricade, but they will provide more "shaping" of the barricade. STORM WATER MANAGEMENT PLAN Administrator Person reported that ~orrespondence has been received advising that Rice Creek Watershed District has . approved the City's Storm Water Management plan pending City approval of an ordinance to implement the Plan which the District wi 11 pursuel and has passed a resolution to that affect. . . . Arden Hills Council 7 July 26, 1993 ARDEN PLACE DRAINAGE Councilmember Hicks reported that drainage problems in the Arden Place neighborhood (discussed at length several months ago by the City Council and affected neighbors) continue to plague the Dale Noyed property at 3505 Ridgewood Road, and given that situation, City staff and the City Engineer have been asked to again consider what corrective measures are possible. ADJOURN MOTION: Hicks moved, seconded by Aplikowski, to adjourn the meeting at 8:22 p.m. Motion carried unanimously (4-0). Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator . NOTICE OF MEETINGS: The next regular Council meeting will be held August 9, 1993 at 7:30 p.m. at City Hall. The next Council worksession will be held August 17, 1993 at 4:30 p.m. . TEX-CON /O.2.Z-!7 Ly,p/)-1i-E -fl-'. 5. (, /2 3;;',':/ c/7 7.2.-- ;f&,~'" /7',......, 5-5'f-2..0 .7 ' . -915,~8.3-3593 BelFt81-' Zephyr TpV!tlC: 7-6890 j)..J2d./Y ~,/1/'~ - , fL'Y L~V ;zk-hJU G:rn.-~'-d'..{~ cL, d-..., '~cU t;-u.-" 1W.1:"---Jv ~~ 'J ~ +:- j' U 'iI r;({ ;;.. . , "U"'2~ ~ ' ,,'l/.V ," '~ ~ ./ t '" O:-f.k!.J /' . ':U y " !J " IV ,j:-v ~ /l6;JL,~ oJ ~~, ~Cc-.ydU ,~ /ii..c d J-f tl'~0 ,~. ,-JL /;~~ r,vd~ ~ ~J~~ ;;M~~~.~~J:~~ ~;r~, , '., ' , 4&fl U. ~~/~ cU-<ja:cN:Lz'1 C7V',~~~~V'd-U~lv a~~kd~~ cV, ~-1p~k,u.df_~~~~ / /~ ~ ?/. "~,", /W,,<.~e' /'/~ /~--'--<<~ ~ L"MI ~ .v..'-6-I-~ ~ ~;tpy /U~/~7 ~~)4~/i,e:c,<!4;t!/ . ~~ -Mcr~~./~~~<fPJ$", , . oV ,~A-.d..b~ ~~/2Tid""~%~'~[~/ ftvcru---n/ J,;,~ b A~ ~ ~j~J. 1 .~-; ", /?;.. ~)~'">V:zt; ~'Pd 1ft1v. 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CITY OF ARDEN HILlS MEIDRANDUM DATE: August 04, 1993 '10: iJ Dorothy Person, city Administrator FR.CM: Terry Post, City ACCOlIDtant SUBJECT: Comments regarding Arden viewer "Are we getting soaked" I newsletter article for residents of the Arden Hills Hames AssOCiation one of my "in basket items" after returning from vacation wa,s the above referenced communication to Mayor Sather from Denise piper, Business Manager of the Townhouse villages at Arden Hills. 'Ihe purpose of this memorandum is to express my thoughts with you and discuss the advisability of responding to Ms. Piper. * As I interpret the article and attached letter, the basic issue . raised is that it is inequitable that R-3 townhome owners should pay a higher surface water management fee than R-1 single family home 0YIl1er"S. 'Ihe ilnplication is that runoff from R-3 zoned property has a utility factor of 1. 54 instead of the 2.72 utility factor in the Arden Hills SWM ordinance. R1 = 3.98/1@ acre * 3 + $11.94/Acre R3 = 3.98/unit * 4.62 units/acre density = $18.39/Acre 18.39/11.94 = 1.54 vs. 32.48/11.94 = 2.72 * The utility factor of 2.72 is same factor used by Shoreview and Roseville for R-3 property in their storm water utility fee calculations. 'Ihe rate per acre for R-3 property $34.20 in Shoreview, $33.15 in Roseville, and $32.48 in Arden Hills. * If a community establishes a flat quarterly fee for townhorne units, they have also assumed that development acreage and density are not relevant factors in attributing runoff volume by townhouse unit. * 'Ihe "rate/acre" concept is not confined to just Roseville and North st.Paul. Shoreview uses this concept as well as proposed SWM utilities in Moundview and New Brighton. * At least one development has a lower density that T\IAH - Rosewood Estates in Roseville has 90 units on 20 acres or a . density 4.5 units/acre. The SWM charge in this development would be approximately $7.36/unit (20 acres * $33.15/acre = 663.00/90 = $7.36/unit).