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HomeMy WebLinkAboutCCP 11-18-1993 '" ~ DRAFT . ARDEN HILLS CITY COUNCIL WORKSESSION MEETING PUBLIC WORKS BUILDING THURSDAY, NOVEMBER 18,1993,4:30 P.M. 4:30 PM 1. Call to order/roll call, 2, Agenda adoption. 4:30 PM 3, Strategic Planning for City Committees and Planning Commission, 4:30 PM a, Public Works/Safety Committee 5:00 PM b, Finance Committee . 5:45 PM c. Parks & Recreation Committee 6:30 PM d, Planning Commission 7:00 PM e, Human Rights Committee 7:30 PM 4. Review of Polling Places for 1994 Elections. . The above times may be subject to discussion of the issue, . . CITY OF ARDEN HILLS . MEXlRl\NOOM DATE: November 09, 1993 TO: Mayor city council City Ccmnittees/I"nrm;c::sions FRGI: Dorothy A. Person, City ,lnn,;n;..trator SUBJECT: stratecrlc pl.anninq Please review the following for the November 18, 1993 meeting. This will be the basis of discussions at the Worksession meeting. 1. Why does this Committee exist? What is its purpose? 2. Looking ahead five years, what do you see this Committee looking like? What will be its legacy and future? . 3. Goals for 1994: What special projects are inlx>rtant to the City Council and Committee? How do these fit with the City's goals previously established? 4. What do you see as the duties and responsibilities of this Committee? 5. How should the Council relate to this Committee? 6. What are the expectations of the Council's rep? 7. What is the role of starf to this Committee? 8. What length of time of Committee membership is ideal to give ultinate service to the Committee and the City? 9. Does this Conunittee meet often enough? Not enough? Too much? . DP/sl . CITY OF ARDEN HILlS . MIHlU\NDllM TO: Mayor and eaunci 1""""-1:5 FllCM: Dorothy A. Person, City 1ldministrator DATE: NovaDber 15, 1993 SUBJEl:T: 1\dministrator <>.......nt5 f= 11-18 eauncil worksession Administration: 1- 'Ihe attached strategic Plannin:j' form will be used as our format to follow for each of the Committees and Plarming Commission at the worksession. Each Committee has been asked to prepare discussion items as a group based on this outline, however, some Committees may not have completed this. 'Ihe object of this session is to begin this process and to identify further means to find answers to major issues. '!his session is not expected to answer major technical issues. We may need to meet as smaller groups to address such issues. 2. Enclosed you will find a letter forwarded by resident Hilder Hage regarding Clean Water. It appears this is generally f= your information. . 3. Enclosed is a quote from the league of Minnesota cities to codify the City's code. '!he base amount of $9,405 is the low quote (also received bid from Municipal Code Corporation of $11,900). It is also recammended that the City add to the contract: 9.5 Floodplains; 20.5 Shoreland, 22 - Subdivisions; and 23 - pools (totalling an additional $1,950). F\Jrther review will be necessary by the league to determine further details. An index ($480) is not necessary, rot helpful. Extra copies are available at a rate of $40.00 each (10 copies = $400). '!his total $12,235 (budgeted @ $15,000). 'Ihe major advantages to using the League are: local knowledge of Minnesota legislation and court decisions, locale for making contacts and their League attorney's knowledge of practices in other cities within the state of Minnesota. '!his item will be placed on the November 29 Council =nsent calendar unless the Councilor City Attorney have further issues to discuss. 4. The review of polling places is on the Worksession agenda. It should be noted that the County needs only a 45 day notice for a change in polling locations, therefore we do not need to discuss this item at the November 18 worksession if the Committee meetings run past the allotted time. Parks & Recreation: 1- 'Ihe culvert =nnecting the Park Trail behind O1atham has been repaired. . In spring, a railing will be added on both sides of the bridge. Hay bales were placed in this area to terrporarily prevent erosion. ----- 2. Perry Park is being reviewed for ballfield ilnprovements to provide . various scenarios in an attempt to elllninate drainage problems and to better utilize the park. The Park Connnittee and staff will review and make recarmnendations to Council. 3. Ice Skating lessons are expan:ied to two parks this season. In addition to Valentine Park, Royal Hills and Arden Manor parks will have lessons due to a large population in both of these areas. Finance: l. Based on preliminary Truth-in-Taxation data from the County, it appears a combined tax rate in=ease of 3.1% for residents in School District #621 and 12% increase in #623 (Roseville). The city's tax capacity is reduced by approxilnately 9%. 2. The st. Paul Board of Water Connnissioners is recarmnending a 3.38% wholesale price for 1994. Preliminary review shows this does not affect Arden Hills. '!his is being reviewed by the Finance Connnittee. 3. MWCC - 1994 monthly charges increase only .3% over 1993. However I the 1993 actual flows may excee:1l:u:1get by 6.9% (31 million gallons). Public Works: l. The draft feasibility report for Co. Rd. I fram Hamline Avenue to T.H. . 49 is being reviewed by the en;Jineers. Comments are to be forwarded to the County by January 1, 1994. 2. The County has verbally informed all cities that projects scheduled thru 1995 are not anticipated to receive full funding. Further rli<:r'l.lSsions are taking place. Most cities have been very verbal in their response of opposition/disbelief to this information. 3. on October 19, 1993, the County Board approved the request for the state to =nduct a speed zone study on New Brighton Road frorn County Road D to County Road E2 and have directed the County to install speed limit signs per the study results. Upcoming Events: l. on November 17 - RCLLG - Gun violence Prevention Initiative Report; What Local leaders should know about young people and their concerns. Please let Dorothy know if you would like more infornation regarding this event. DAP:rk . -- MINll'l'ES DRAFT CITY OF THE ARDEN HILLS, MINNESOrA PLlINNIN:; cnooSSIClN MEErING WEDNESDl\.Y, N:l\IEMBER 3, 1993 7:30 P.M. - CITY l!l\LL' . CALL TO ORDER Chair winiecki called the meeting to order at 7:32 p.m. ROLL CALL Present: Chair Jeanne Winiecki, Members steve Erickson, Marty Rye, Scott Petersen, Raymond McGraw, and Dave carlson. AOOent: Barbara Piotrowski. Also present: Brian Fritsinger, Community Planning Coordinator, Recordirg Secretary Renee Kaulfuss, Council Liaison Dale Hicks . APPROVE MINUTES Winiecki noted on Page 5, 3rd paragraph, 6,500 feet should be 650 feet. Recordirg Secrel:al:y noted for Barbara PiotrCMSki, on Page 11, 8th paragraph, last word should be elllninated, not illuminated. Petersen moved, seconded by carlson, to approve the October 6, 1993, Planning Minutes. All voted in favor. (6-0) Cl\SE #93-20: SIDE ':Q\RD V1\RIAN::E REOtlEST. 1361 FI.ORAL I'RIVE. l:<J:=m:il'I AND CHRrSTDlE ANDERSON. . Chair winiecki explained that the applicants, stephen & Christine Anderson have forwarded a letter to the city and the Commission requesting that their application be withdrawn. As a courtesy to anyone present waiting for this case to be heard, it was announced that the application has been withdrawn. Cl\SE #93-25: V1\CM'IClN OF EMEMENr. 3945 ROI.LIN:; HILLS RCllID. .nums mINl'CIl. Chair Winiecki explained that the applicant is requesting to vacate a twenty foot wide "utility easement" . Mr. Fritsinger referred to his report dated October 19, 1993, and highlighted both the background and findings su=ounding this request. (If needed, refer to your Planning Packet report, Case #93-25). Chair Winiecki asked the applicant if he had anything to add to this report. Mr. Hanton stated that during the closing process of this new home, it was discovered that a plat from 1957 reflected this utility easement running north and south across the new lot, right through his living room. Further investigation by the City staff and attorney found no record of this easement other than on attachment "A". Because of the topography of the lot and the setback requirement mandated by the City at the ti1ne of the lot split, there was no other way to set the home on this lot. . ----- ~--- --------- --- planning ccmni.ssion Meeting 2 11-03-93 Chair winiecki asked if there were any questions or comments in favor of . or opposition to this request. Hearing none, Chair winiecki close:i the public hearing at 7: 40 pm. Chair winiecki asked if thee were any questions or comments from the Conunission. Mr. Rye questioned what this easement does to the property directly north and the property directly south of this property, and are other properties affected by this easement. Mr. Fritsinger explained that this easement is an isolated easement and only recorded on this document and nothing has been found to dOCLm1el1t this easement continuing in either direction from this point. Mr. Erickson questioned whether all the other lots affected by this easement are developed? Mr. Fritsinger stated yes. Mr. Fritsinger stated he contacted a number of the other affected property owners and only one was aware of the easement because it was listed on his abstract. 'Ihis property owner was not one directly affected by this request. All the other property owners thought he was referring to the US Pipeline easement. Mr. Erickson questioned one point of clarification whether this request to vacate is only for Lot 6 or all of the lots affected by this easement? Mr. Fritsinger stated it was for lots 2 through 7 in the Shorewood Hills No.6 addition. Carlson moved, seconded by McGraw, to recommend to the . Council approval of the vacation of easement as outlined on Attachment F, Option 1, to include Lots 2 through 7. All voted in favor (6-0). ClISE #93-15; RYDER STllDENr 'l'RANSPClR'l7dCll - REZC.tlIN3. 1901 W. CCXJNrY ROAD F Chair winiecki opened the public hearing at 7: 44 );l1\. Recording Secretary Renee Kaulfuss confirmed the publication of the Notice of Hearing in the New Briohton Bulletin on Wednesday, October 20, 1993, and mailing to affected property owners on the same date. Chair winiecki explained that the applicant is requesting that the Comprehensive Plan be amended to reflect a commercial use at 1901 West County Road F and that the property be rezoned from R-1 to B-2 to comply with the amended Comprehensive Plan. Mr. Fritsinger referred to his report dated October 25, 1993 and outlined in detail the background infonnation relating to this property. 'lbe existing bJsiness at this property is =ently a non-conforming use and in order to make necessary improvements, the property will need to be rezoned to make the existing use conforming. Mr. Fritsinger outlined then his findings to both support and not support the rezoniD3' request. Mr. Fritsinger explained that the proposed rezoniD3' is not consistent with the Arden Hills Comprehensive Plan. 'Ihe applicant suJ:xnitted an application for a Comprehensive Plan Amendment concurrently with the application for rezoning. (If needed, . refer to your Planning packet report, Case #93-15) . p1 ..nni 1'lq OCIII1Ii.ssion Meeting 3 11-03-93 Mr. Fritsinger further stated that he had a conversation with the city . Attomey only yesterday, and the attorney stated there nay be another option where an amendment to the Zoning Ordinance itself could be nade to allow for the :i1nprovements to the site. Chair winiecki asked the applicants if they had anythin;j to add to the presentation. They stated they had nothing to add at this time. Chair winiecki asked if there were any comments in favor of the rezoning. Sean Regan, representing REm, =er of the property, stated he is in favor of the rezoning and felt that the representatives of Ryder were trying to make the use compatible with the neighborhood. Ryder had a meeting with the neighbors at their tenninal. Ryder has demonstrated that they are willing to work with the neighborhood to address their =ncerns . Paul Wallace, 1779 W Co Rd F. questioned the =ent zoning and what does that zoning allow in terms of vehicles to be on site. Chair winiecki clarified that the property is not zoned for its =ent use. Mr. Wallace stated when Columbia Transit transferred fram New Brighton, they were allowed to have 55 buses on this site. When Columbia vacated, Ryder took over, Ryder is not the =er of the property, and Mr. Wallace believes that there was a limit to the number of buses that came with the transfer from New Brighton. Mr. Fritsinger stated that in talking with the City attorney, there is no reference pinpointing a number of . !:uses that are allowed. There is a reference to 35 buses, rot there is nothing stating that they were limited to that mnnber. When the property was rezoned to an R1 and Columbia became a non-confonning use, they were in effect limited to the mnnber of buses on the site at that point . Bruce Dischinger representing Ryder responded to Mr. Wallace's camments and added that after Laidlaw (previous bJs company) vacated, they were up to approxilllately 135-140 units. This issue of the need to rezone is due to Ryder wanting to up:Jrade and i1I1prove the site. When they approached the City to ~ire about a building permit, they were told they were a non-=nforming use and in order to make these :i1nprovernents they would need to make application for a rezoning. Ryder IllOved on this site 6 1/2 years ago and during the first several years there was a period of drought. Only in the past 2-3 years has the area experienced an increase in significant precipitation which has caused the mud situation that was referred to in the Planner's presentation. Because of this situation, we wanted to pave the north and east areas. We were also notified we could not expand, and therefore we JlK)ved everything off of the east side of the property. We also need to replace the underground fuel tank that is 30 years old. Staff informed us we were a legal non conforming use and none of these bnprovernents could be considered, until the application was nade f= the rezoning. . Mr. Dischinger further stated if the bJs company was not at this l=ation, there would still be a significant mnnber of !:uses on County Road F since the high school is located there. Therefore, I think it planninq o.....;"sion Meeting .. 11-03-93 makes good sense to keep the bJs company there and make the nece=c~ry illlprovements to the property. . John stenglein of 1785 W. Co. Rd. F aske::l. when the lease mq:lires with Reco? Mr. Dischinger stated in December 1996. Mr. stenglein then questioned when Ryder will bid the contract with the School District for the 1994-1995 school year. Mr. Dischinger stated the bidding would take place in the spring. If they are not successful in obtaining the contract, Ryder has no need to have the bJs company at that site. Mr. st:en;Jlein stated this type of bJsiness has operated un:l.er a R-1 classification for 30+ years, and we as neighbors want to know if the rezoning is the hang up. Why can't Ryder and City staff get together and adjust that part of the ordinance, do the ilI1provements, replace the tanks, because the PCA will probably make Ryder replace them anyway, and continue to operate the way you are. Mr. stenglein would have a problem with the rezoning because it could illIpact his property value. Jim Borg, 1812 Janet Court addressed several of his =ncerns which include: In=eased traffic, and lack of dis=etion by some drivers going down the hill from the west, someone is going to slide un:l.er the bJs some day; residents are alIrost hit by the I:R1s when walking along County Road F; the stench from the l:IJses is so bad, you can smell it from 1 1/2 miles away; there is a definite diesel fuel smell; the amount of noise has greatly increased, drivers start warming up the roses at 5:20 am; the roof of the b.rilding is nothing but rust, as well as the side of the b.rildingi the amount of wildlife on the pond has diminished and it could have something to do with washing the roses on the Propertyi there was same repair work being done on this property, and this too has grown. . Mr. Borg continued to carnment that it is a fact if the property is rezoned to a B-1 and Reco sells to someone else, another COIDlIlElrCial l:R1siness could move onto this site. Mr. Wallace stated he has lived in the area since 1985 and has seen many changes inCluding the road along the Interstate opening up for access to New Brighton, and the opening of Long Lake Regional Park which acXIs to the addition traffic along County Road F. There is a definite safety hazard. Mr. Wallace would have a problem with the B-1 rezoning. The recent announcement by New Brighton about the company employing 500 people locating there will only make the situation worse. Don Tix, 1770 Co. Rd. F has lived in the area for 10 years and sees a real problem with congestion. 'There is a 15-20 minute span when roses are leaving the tenninal and l:IJses are earning into and going out of the Mounds View High School area. Carl Hosler, 1724 W Co. Rd. F has lived in the area for 32 years. He questions how would rezoning to a B-1 change the tax base? Mr. Fritsinger informed Mr. Hosler that the taxes are based on the use, not the zone classification, therefore this parcel is taxed as conunercial. Mr. Jim Ross, 4029 Fairview referred to his letter provided to the Commission members in their packets and reiterated that the dust, carb:m . dioxide and diesel smell penetrates the neighborhood. 'The fumes have increased tremendously. He also =mnented that the traffic counts have in=eased and there are roses coming and going at all times of the day. p"'nninq n...,,;,.gion Meeting 5 11-03-93 Dan Brazik, 4050 Fairview questioned the number of vehicles actually . being serviced fram this location. He has a concerned prinarily with hazardous waste going into the pond. He too, has noticed a decrease in the wildlife in this pond. Mr. Disch:in;Jer stated during the school year there are only 2-3 vehicles being serviced. During the summer months to be able to keep eIlIJ?loyees working, there could be 10-12 buses being serviced at this location. 'Ihe Council has denied this request two other t:i1nes, and Mr. Brazik states he believes the eouncil should deny the request again. Mr. Dischinger stated that Ryder is =ently at this location to serve the conununity. '!bey are needed mere the growth is, and their contract with the school district stipulates that Ryder be located within the school district boundaries. Ryder is unaware of any other location within the school district that could aCL;u,u,lOdate their needs. Ryder is interested in spending a great deal of money for the needed illlprovernents even knowing they have less than one year left on their current contract with the school district. Nancy Ross would like a confinnation fram Ryder as to how Jl'aIly buses are currently at the site and does Ryder in fact have a contract to provide bus service to the private schools and the North Minneapolis area? She stated that each bus seems to be comin:J and going at least 3 to 4 t:i1nes per clay. 'Ihis number could be cut dcMn if Ryder was not servicing the private schools and north Minneapolis. Chair winiecki once again eJ!Plained the situation with Ryder and the . grandfathering affect that has taken place here. As a non confonning use Ryder cannot make any ilrq;lrovements even though the property is deteriorated. The city would like to see the property upgraded, but the use would have to becarne a legal use. This is an unusual and unique situation. To becarne a legal use, the property has to be rezoned to be able to apply f= a Special Use Permit. Under a SUP, additional requirements, guidelines and lilnitations could be conditions of the SUP. Chair Winiecki than read fram the zoning code book the uses that would be allowed in a B-1 district. Carolyn Scharer, 1795 W. County Road F stated her nain concern and the nain concern of the neighborhood is that it is all well and gcod that REO) I s intention is to keep this property as a bus terminal, rot if rezoning is recommerrled, there is nothing to prevent certain businesses to locate at this property. Ms. Scharer would like to see staff work out some other way to enable Ryder to make the necessary illlprovernents. Jack Tuomie, 1755 Co. Rd. F questioned heM many homes could be blllt on this property if Ryder was gone and the property remained in a Rl zoning district. Mr. Fritsinger stated the miniJnum requirement for a lot in a Rl district is 14,000 sq. ft. There is approximately 9 1/2 a=es. Mr. Tuomie questioned the current value of this property. Sean Regan stated the assessed value is approxinately $600,000. Mr. Ross stated if the rezoning would be approved, he would like to see certain limitations be included as con:1itions to the approval. . Don Ciske, 1708 W Co. Rd. F stated he is opposed the bus corrpany being at this location. He has resided in the area for 25 years and stated that this area has become more residential than ever and leaving ---- ------------ planninq n ..... i <<sion Meeting 6 11-03-93 the property zoned R1. would enable new single family dwellings. He strongly opposes the rezoning request. . Mr. Hosler canmented that Ryder is only a renter, arxi the people voicing their concerns this evening are property amer5. Mr. Hosler commented that previous City Council members expressed their desire to let this use "die a normal death", arxi have twice denied their request for rezoning. Mr. Hosler agrees to just allow it to die. The owners of the property have never done anything before to improve the site, the building is going to collapse without improvements, arxi safety is his main concern. Mr. stenglein stated he has been a resident for 12 years. We are the homeowners in the area arxi it is apparent that the neighhorhocxi does not want to see this property rezoned. Greg Colberg, 1784 Janet commented that he has witnessed after the vehicles are repaired, they are driven down Janet Court (a short culdesac with many children playing in the area) for a test drive. Mr. Colberg's also concerned with fuel run off. Mr. Colberg further stated that the water runs into his yard, and he too has noticed less wildlife in the pond area. Mr. Dischinger noted the drainage is to the northwest of the property. cliff Aarnoth, 1748 W. County Rd. F asked Mr. Dischinger if Ryder would consider reusing the east side of the brilding for parking. Mr . Dischinger stated no, all the b.lses that were previously located on the . east side have all l::een relocated to the west side of the property. Sean Regan noted that neighbors cormnents over two recent deaths in the area, in no way involved their b.lses. Mr. Regan further noted that their expertise is in the rules, regulations arxi the manner in which to operate a l:using l:usiness, and REXXl would not be interested in a strip mall. Mr. Regan agrees with the neighbors that rezoning may not be needed, but perhaps lllOre fine tuning is needed by staff to come up with a reasonable alternative. Chair winiecki closed the public hearing at 8: 53 pm arxi asked the Commission members if they had any questions or comments. Mr. Rye overviewed the neighbors concerns and stated he saw two options available either to rezone or phase the non-confonnin;J use out over a perio:l of time. He questioned what would be the worse case scenario, and whether a strip mall would be better for this property than the =ent conditions. Mr. Carlson asked for a clarification that benning, landscaping arxi other improvements cannot be done unless the rezoning is approved. Mr. Fritsinger stated that as a non-conforming use, Ryder cannot enqxmd or improve, Ryder can only operate as they =ently are. Mr. Carlson questioned whether the zoning ordinance itself or possible . other laws could allow a cease and dPrP"I<<p as their are issues of drainage, erosion arxi enviromnental concerns. Could the City enforce through civil or through court pr=edures if certain =iteria was met. -------- p'''nn;~ Calmi.ssion Meeting 7 11-03-93 He further questioned whether any violations have been noted by the . building inspector relating to electrical or plumbing issues. Mr. Erickson re:[Uested a clarification as to who actually owns the bJses. It was confinned that Ryder owns the b1ses and RECO owns the land and building. As part of the lease agreement, Ryder is responsible to take care of the building and land. Mr. Erickson asked for further clarification that there is no verbiage noted to the number of b1ses allowed at the time of the move from New Brighton to Arden Hills. Mr. Fritsinger stated there is no documentation stating a certain number of b1ses was allowed. Mr. Erickson asked whether there would be a possibility to change the zoning ordinance to insert language to apply conditions to this property, or as a condition to the SUP, to attach language to address the issue that a bus tenninal must be located within so many feet of a school facility. Mr. Erickson further commented he would like to see staff work with Ryder to find a compromise, and to limit the service only to the Mourrls view School District. Mr. Erickson commented that there seems to be a need for staff to explore other options. Mr. Petersen stated he agreed with Mr. Erickson comments. Mr. Petersen would like to see the property repaved and the number of b1ses reduced. The residents of Arden Hills should not have to be hassled with bJses earning and going out of the area to serve North Minneapolis and other private schools. . Mr. McGraw commented that the conditions of the entire area should be addressed when considering the rezoning of this area. Mr. McGraw stated he is not pleased with the continued expansion aver the years, the repair of other vehicles and this use should be phased out entirely of this operation. Mr. McGraw further stated his concern is to protect the interest of the City and also to get along with Ryder. Maybe by intent Ryder has not abused their privileges, the expansion just happened. We nee:l to work out a reasonable agreement with Ryder while protecting the site. Chair Winiecki stated she is not in favor of a spot zoning concept. Mr. Fritsinger responded by stating that the city Attorney indicated that this rezoning should not be considered spot zoning. Chair winiecki then outlined the options as discussed which include: 1) Approve the re:[Uest that the Comprehensive Plan be amended to reflect a commercial use and that the property be rezoned from R-1 to B-2 to comply with the amended Comprehensive Plan. The neighborhood seems to be in agreement that Ryder is acceptable as a neighbor, but the concern is if Ryder would leave, what type of commercial use would come onto this property. 2) Deny the re:[Uest. 3) Deny the re:[Uest for the amendment to the Comprehensive Plan and rezoning and encourage the closure of this use by amortizing its operation over the next 5 years. . 4) Table the re:[Uest for further infonnation from staff. 5) Table the discussion indefinitely and allow the use to continue in the "grandfather" nature. Look into the health and welfare standards, and if applicable, use these options as a way to make ------- pIanninq carmission Meethrr 8 11-03-93 illIpravements . staff could work out a "Gentlemen's" agreement which could not J:e enforced as a SUP. Clair winiecki further comments that she says this because Ryder may not J:e at this . location indefinitely. Another issue not previously addressed is the other possible uses of this property. In the future it could possibly J:e a additional school house, parking or storage for the school district. In time, the school will need to expand. Ryder could renain there for the time being', thus not jeopardizing the school district use of this land at a later date. Mr. Rye questioned if a SUP would J:e approved, could there J:e a con:lition lllniting the number of b.Jses. The traffic concerns were once again addressed and a question was asked whether it is known if County Road F is going to J:e reconstructed? Mr. Rye asked the neighbors if anyone has noticed whether the posted speed lllnit is J:eing violated? No one made mention that the posted speed lllnit has been violated. It was noted that the Bethel track teams are using County Road F as a running area. Mr. Rye questioned whether a user of a building can apply for a variance? Mr. Fritsinger stated anyone can make a zoning request. Independent to what the decision will J:e this evening, Mr. Rye encouraged the residents and Ryder to keep a dialogue going J:etween the parties and w=k on designing an agreement that would J:e a=eptable to both parties. A questions arose to the definitions of B1, B2, B3 and B4 . classifications. Mr. Rye read the definitions as outlined in the zoning ordinance book. Mr. stenglein suggested that staff enlist the services of an Envirornnent Engineer and under the health ordinance address these environment issues . Chair winiecki stated the test results would probably J:e impossible to discern J:etween the school b.Jses and school car traffic and freeway traffic adding to the fumes. Mr. Dischinger stated that diesel fuel is not nearly as toxic as in past years. On October 1, the Federal Government introduced a sulfur content that reduces the concern of the smell and health issues. Erickson moved, seconded by Petersen to table the discussion indefinitely on case #93-15 to allow staff to try and determine another alteJ::native in working with applicant to allow them to make the necessary illIprovements on the property wi thin the zoning ordinance or within the revisions of the zoning ordinance. All voted in favor (6-0). ClISE #93-1SA: 1901 W. o:xJNl'Y ROAD F, REm/RYOER STtlDENr 'l'llANSPCRI'ATClN - SUP Chair winiecki explained that J:efore this case #93-15A can J:e heard, the rezoning request would need to be approved. since the JOOtion was made to table the request for rezoning, this motion prohibits the Planning . Commission from dealing with the second part of the application request. Petersen moved, seconded by McGraw to postpone hearing Case #93-15A, the SUP for 1901 W. County Rd F until case #93-15 is resolved. plaJlni.nq CCmnission Meetina 9 11-03-93 All voted in favor (6-0). . Bruce Dischinger suggested that individuals from the neighborhood surrounding the company property whom are interested in being involved in the ongoing process, contact Ryder in an effort to keep the cornnnmity aware of what is being discussed, as well as getting their input. Chair winiecki announced a 5 minute recess. vice Chair piotrowski aIrived at 9:30 pm. Cl\SE #93-22. SITE PIAN REVIE.W /1\MENmEm' TO SOP. l'RESl3Y'l'EIlI HalES Chair winiecki reconvened the Planning commission meeting at 9:40 pm. Chair winiecki infonned the members of the Cotmnission of the meeting she attended, along with member steve Edckson at Presbyterian Homes. The issues of concern that were addressed at the previous Planning Meeting were discussed. The issues regarding the times when deliveries can be accepted, the c1urrpster noises, the lan:lscaping and s=eening and the density were all addressed and agreeable decisions were reached between the neighbors and the representatives of Presbyterian Homes. Chair winiecki noted that there are no neighbors in attendance at this evening's meeting, therefore the neighbors llDJSt be happy with the results of the neighborhood meeting. . Mr. Fritsinger outlined the changes made by the applicant in the response to the neighbors concerns (See report for Case #93-22). To upjate the Commission, the representatives of Presbyterian Homes agreed that no deliveries would be accepted before 7:00 am and that all applications now state this t:i1ne on the application and the delivery sheets. In fact the applicant will attempt to work with vendors so no deliveries occur before 7:30 am. The representatives sp:>ke with the actual delivery company representatives, instead of just talking with the drivers of the delivery trucks. A new policy has also been initiated that any garbage needing to be taken to the c1urrpster in the evenings will remain inside the J:uilding and will not be taken to the dumpster until the next morning. pistons have been installed in the garbage dumpsters and the recycling dumpsters will be equipped with plastic lids rather than metal lids, A landscaping plan was presented which includes landscaping the delivery and courtyard. areas. American White Cedar 3-4 feet in height and spruce will be planted along the 60-80 foot berm to be constructed. This berm should s=een the neighboring properties. staff had also investigated moving the drive entrance further east on Sandeen Road b.rt felt that it increased s=eening problems. The issue of density of units vs beds vs persons in beds was addressed at length. CUrrently there are 318 units with 386 occupants. Upon completion of the project there will be 330 units and 398 occupants. . The lot coverage original calculations were wrong due to a mistake by the applicant's engineer. This mistake was confirmed by staff. The actual density after the project will be about 23% - the ordinance allows 25%. The units per acre will increase from 14.1 to 14.5. --.---..- ----- ---- Planning Ccmnission Meeting 10 11-03-93 'Ibis greatly exceeds the 5.5 allowed. '!he fact that the ordinance was drafted with apartments in mind rather than institutional housing . supports the higher density per acre. With the added larrlscaping, there are no erosion, grading or drainage problem anticipated. Presbyterian Homes is still waiting f= a decision by the ROID on the plan itself. Chair winiecki asked if the applicant has anything to add. Mr. Lindh stated he was not aware of any homeowners experiencing problem with the new delivery schedule. Presbyterian Homes wishes to be a good neighbor. Mr. Lindh wrote a letter to the homeowners in the area an:i gave them his home phone number to enable any homeowner to contact him at any time if a problem arises. Mr. Erickson stated he attended the meeting with the representatives of Presbyterian Homes ard the neighbors ard stated he was ilnpressed with the willingness the representatives of Presbyterian Homes had to address all the concerns of the neighbors, as well as, their willingness to come to reasonable solutions to the concerns. Ms. piotrowski questioned ;vhether the applicant considered installing a locked gate. Mr. Lindh stated it was discussed ard a determination was made that the noise would be loud ard disturbing to the neighbors having delivery trucks sitting there idling at a gate. It was therefore determined that a gate was not appropriate at this time. '!he communication between the neighbors ard Presbyterian Homes should remedy this situation of early deliveries. . Mr. Carlson asked if a sign was posted stating the hours for acceptance of deliveries. The applicant stated it is posted on the delivery sheets, as well as on the doors. Ms. piotrowski questioned ;vhether the proposed landscaping is in carnpliance with the ordinance. Mr. Fritsinger stated yes. Mr. Petersen connnented he is in favor of the changes made to the waterfront area an:i is pleased at the way the applicant took care of the neighbors carnplaints. A clarification was asked to the number of residents. OJrrently there are 386 occupants ard with the SUP this would increase to 398. The corporate staff of 31 will be relocating to a different Presbyterian Homes site. Mr. Rye asked Mr. Lindh what would happen if a bread deli very truck arrived at 6:45 am. Mr. Lindh explained that giving his bame phone number to the neighbors would enable them to alert him of a problem. Mr. McGraw connnented he was pleased that most of the details have been worked out with the neighbors. Mr. McGraw further stressed that the applicant owes it to their neighbors to work out solutions to concerns an:i these situations should have not =ed in the first place. . Mr. Carlson questioned if the applicant was anticipating any Roseville expansion? Mr. Lindh stated there are =ently plans with NW College to consider expansion on the old Paul's Place site. Mr. Carlson then ---------- , , ' plaIlninq ccmnission Meetina n n-03-93 questioned why the expansion was =ing on this property and not one of the other properties? Mr. Lindh explained that in addition to the . parking lot area being ideal for iIIprovements the units at this site are small. By incorporating the units and adding on, they could meet the demand of their customers. Chair winiecki referred to a letter received this evening fram Dermis Bussard. After reading the letter it was apparent that Mr. Bussard is unaware of the changes made from the meeting with Presbyterian Hames. Mr. Lindh stated he would make a phone call to Mr. Bussard and address his concerns. Mr. Rye questioned the applicant if he had any future plans to expand and referred to the sutton Place area. Mr. Lindh stated there are no =-rent plans for future expansion. Erickson moved, secorrled by Piotrowski to reconunerrl to the Council approval of case #93-22, site Plan Review/Amendment to SUP; Presbyterian Homes, 3220 Lake Johanna Blvd with conditions A through G which are: A. Contingent upon approval fram Rice Creek Watershed District. B. Enforcement of the 7:00 am - 7:00 pm delivery schedule. C. Installation of pistons on garbage compactor, plastic doors on recycle bins and reduction of waste disposal in evening hours, D. A 10 I wide pathway be designed along the North and East side of building for fire access and lift station maintenance . . E. The lot coverage by structure, including parking and drive areas, not to exceed 25%. F. The dwelling units per net a=e not exceed 14.5 G. The landscaping :inprovements shawn on the landscaping plan be completed by July 1, 1994. A borrl will be required in the anvunt of 125% of the :in1provemerrts to ensure the completion of the landscaping. Motion =ied (Erickson, Piotrowski, Petersen, Rye, winiecki and McGraw in favor; Carlson opposed) . (6-1) . DISCUSSION: 0l'HER PI.oANNING ISSUES Ms. piotrowski questioned whether the Council is now receiving the Planning minutes. Mr. Fritsinger stated yes, the Council receives the Planning minutes in the Council worksession packets. The Commission was asked to review the letter to John Bergly that the Commission .asked staff to draft. If appropriate, please sign the letter. Mr. Erickson questioned if the Planning Commission was expected to set goals for 1994 at this meeting. Mr. Fritsinger stated after the regular meeting, he would like to have a brief discussion with the Ccnmnission members regarding their goals for 1994. Mr. Fritsinger also confirmed the date of the worksession meeting to be November 18. . P1a.nnina ~i ~sion Meetim 12 11-03-93 COUNCIL REPORr Council Liaison Dale Hicks reported on items of interest to the . Corrunission. Counci1Inember Hicks CCJlllIleIljed Clair winiecki, as well as, the entire Corrunission for the exemplary manner in which they handled the issue relating to the Ryder request far rezonin;J. 1lDJOO1lN Carlson moved, seconded by Erickson to adjourn at 10:27 p.m. All voted in favor (7-0). Chair Jearme winiecki . . . . CLEAN WATER ACTION . Dear Friend, Since the end of the second world war, we have used as much of the earth's finite resources as we used in all of human history up to that date. In the pr'ocess, we have poisoned our planet's ecosystem with toxic chemicals, dangerously depleted the ozone layer, and set in motion potentially disastrous changes in our global climate, As we enter the 1990's, it is clear that the throwaway society we have created cannot be susUilned. We are literally drowning in our own toxic and household wastes, Therefore, Clean Water Action's -War on Waste" campaign 1s the most comprehensive and ambitious we have ever undertaken. During 1991 and 1992, Congress will debate the amendments to the Resource Conservation . and Recovery Act (RCRA), the law that sets forth our national strategy on solid and hazardous waste, This presents a golden opportunity to redirect our nation away from wasteful practices and begin protecting the environment we all live in rather than the profits of a few large multi-national corporations. But this debate will be heated and the outcome uncertain, Monied interests are fighting to continue big-buck taxpayer subsidies that reward waste, limit consumer choices, and block public access to information. The fight has begun. . Thank you for your contribution to this campaign and to our future. You are not alone. With over 80,000 member households in the midwest and nearly 1,000,000 members nationwide, our victories are based at the grassroots, With people like you faithfully supporting us, we can win this difficult and viUil campaign. If you made a contribution with your credit card, we appreciate the greater efficiency you have helped us to achieve. If you are contributing by check or money order, please mail it today in the enclosed return envelope. Your support makes all this possible. Sincerely, ~ c ;;!:2f1C Frank Hornstein State Co-Director CLEAN WATER ACTION Midwest Regional Office. 326 Hennepin Ave, E, . Minneapolis, MN 55414 . 6121623.3666 1418 First Avenue, NE . Rochester, MN 55904 . 507/281.1390 I 2904 West Third Street. Duluth, MN 55806 . 218/628-1191 . 411 North Broadway, #208 . Fargo, ND 58102 . 701/235.5431 J RR I, Box 95 . Stoddard. WI 54658 . 608/788-1398 122 South Grand Ave. N200 . Lansing, MI 48933 . 517/487-0900 National Office' 117 Pennsylvania Avenue, SE . Washington, DC 20003 . 2021547-1196 - ,~, , . Printed on R.ecycJed Paper ("/1"" I CC . ;/1Ii 7t11A- I) , 1-:;1, 3490 Lexington Avenue North St. Paul, MN 55126-8044 eague of Minnesota Cities (612) 490-5600 November ~2, 1993 Ms. Dorothy Person City Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 Dear Ms. Person: Enclosed please find the League's quotation for re-codifying the city of Arden Hills' City Code. As you will notice, I have quoted a price for a basic codification, and I have then listed the price for the additional services which you stated the city might want to include in the new code. For the basic codification, I excluded chapter 21 "Signs" and Appendix A "Zoning Ordinance" of the current code because they have recently been pulled out of the Code and published as separate volumes. . In addition, I excluded chapters 9.5 "Floodplains", 20.5 "Shoreland", 22 "Subdivisions", and 23 "Pools" from the total page count used in calculating the quotation for the basic codification as we discussed the possibility of having these chapters removed from the Code and inserted into the separate zoning publication that the city has prepared. The cost for adding each of these chapters to the Code is indicated under the "Extras" section of the bid. Further, after reviewing chapters 12 "Lakes", 14 "Mobile Homes", and 20 "Planning and Zoning", I included them in the quotation for the basic codification because their actual contents appear to fit the purpose of the main Code as opposed to being in the separate zoning guide. Chapter 14 "Mobile Homes", however, could be split into two parts and the section dealing with Mobile Home Parks could also be placed in the separate zoning guide. I have indicated a price reduction should the city decide to do this prior to the start of the recodification. As we have discussed, the League's basic codification process includes the following services: a. Inputting of all data into Wordperfect. b. Updating of all provisions to reflect current statutory and case law. c. Simplification of language where appropriate, and the conversion to gender neutral language wherever possible. . .,. d. The suggesting of new provisions which the city should . consider including in the new Code" and the deletion of old provisions which are no longer necessary or which may be improper. e. The integration of all ordinances passed since the last codification. f. The reorganization and restructuring of the Code into an easy to use manual which utilizes a nUmbering system that allows for the easy insertion of future ordinances. All sections are then referenced in an easy to use detailed table of contents. g. The submission of both a first and second draft copy of the proposed new Code for the Council's and/or city attorney's review and comments as to how they want the code customized to meet the city's needs. h. The delivery of one copy of the final Code bound in a three ring binder, and the inclusion of a model ordinance that can be used to adopt the new Code. A copy of the Code on computer disk is also available upon request. i. The maintaining of the Code on a computer disk in the League's files to allow for easier future recodifications or partial updates. . If the city accepts the League's bid, I estimate that work on the new code would begin in late February or early March of 1994. As we have discussed, an average code usually takes between 6 and 8 weeks to complete a first draft. As Arden Hills' code is larger than an average code, I would estimate that 8 weeks would be the approximate turn around time for the first draft. Revisions and subsequent drafts can usually be completed in a matter of just 2 to 4 weeks once they have been received back from the city. Exact turn around times for subsequent drafts, however, depend on several circumstances that make it impossible to guarantee an exact time period. If a city has a particular time concern, however, we will try whenever possible to make special arrangements to ensure completion of of the code within the city's needed timeframe. If your city elects to accept the League's bid, please have the bid signed as indicated and return it to me with all options requested indicated on the form. I will then send you a formal contract to be signed with which a five hundred dollar deposit will be required. If you have any questions about this bid or the codification process, please call me. Sincerely, C1)~j- ~~v----- Kent SuI em . codification Attorney ~ . LEAGUE OF MINNESOTA CITIES' PROPOSAL FOR THE RECODIFICATION OF THE CITY OF ARDEN HILLS' CITY CODE BASIC CODIFICATION : $ 9,405 Recodify chapters 1 through 9, 10 through 20, 24 through 28, and Appendix B of the current code and include a detailed Table of Contents. Two drafts of proposed code to be provided, and one copy of the final Code bound in a three-ring binder. EXTRA SERVICES: (Please circle the desired services) Recodification of Chapter 9.5 HFloodplainsH : $645.00 Recodification of Chapter 20.5 HShoreland" : $330.00 Recodification of Chapter 22 HSubdivisionsH : $845.00 Recodification of Chapter 23 HPoolsH : $130.00 Index : $480.00 Table of Statutory References : $ 75.00 Table of Comparison : $300.00 . Extra Copies of Bound Code (per copy) : $ 40.00 Meetings with League Codification Attorney (Per hour, plus all travel costs including lodging and meals as necessary. ) : $ 30.00 Delete Chapter 14, Part II HMobile Home : ($ 330.00)credit parksH (transfer to zoning guide) Payment Schedule: Deposit (due at time contract signed) : $500.00 First Installment (due upon completion of first draft ) : $ 60% of balance Second Installment (due upon comppletion of second draft ) : $ 20% of balance Third Installment (due upon completion . of final draft ) : $ 20% of balance . Unless otherwise agreed upon by the League, the city's failure to return a draft copy within nine months of its receipt shall be cause for the entire value of the contract to become due immediately. Acceptance of Bid: The terms contained herein are accepted by the City of Arden Hills and shall constitute a binding agreement between the city of Arden Hills and the League of Minnesota cities. This agreement shall be further documented by a formal Contract for Codification Services which shall set forth the terms accepted by this agreement. On behalf of: League of Minnesota cities City of Arden Hills By: O)~~ By: Kent Sulem Its: Codification Attorney and: Its: . .