Loading...
HomeMy WebLinkAboutCCP 01-25-1999 ~'.""'-. '1.". ...... :' .. . '"I i,f ~.., , \>~ ~L ; j ;.c.. ._! II i' ~bk.,,-..fj . CITY OF ARDEN HILLS 4364 WEST ROUND LAKE ROAD ARDEN HillS, MN 55112-5794 AGENDA __ --- --- -- _u__ ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING CITY HALL MONDAY, JANUARY 25,1999, 7:15 P.M. 7:15 P.M. 1. Call to Order 7:15 P.M. 2. Approval of Meeting Agenda 7:15 P.M. 3. Approval of Minutes a. January 4, 1999 Special Meeting . 7:20 P.M. 4. Unfinished and New Business a. Authorization to pursue Acquisition of Railroad Spur Line and Bridge 7:30 P.M. 5. Adjourn The above times may vary depending upon length of issue discussion. . PHONE: (612) 633-5676 · FAX 16121633-7839 . . . CITY OF ARDEN HILLS MEMORANDUM DATE: January 22, 1999 TO: Economic Development Authority (EDA) Board of Commissioners Brian Fritsinger, secretary/Treasure@ Secretary/Treasurer Comments for the January 25, 1999 EDA Meetin~ FROM: SUBJECT: 1. AnnrovalofMinutes The Authority is asked to approve the Minutes of the January 4, 1999 Special Meeting of the Economic Development Authority (EDA). 2. Unfinished and New Business a. Authorization to Pursue ProperlY Acquisition The Authority is asked to authorize staff to pursue the acquisition of the MT Properties railroad spur line and associated bndge. Tfirswould mclude obtaining the necessary environmental testing on the property. BF/sls ,.. :4 -- e e DRAFT MINUTES CITY OF ARDEN HILLS, MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING JANUARY 4, 1999 8:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, President Dennis Probst called to order the Economic Development Authority (EDA) meeting at 8:35 p.m. Present: President Dennis Probst, Commissioners Beverly Aplikowski, Gregg Larson, Paul Malone and Lois Rem. Absent: None. Also present were Executive Director, Kevin Ringwald; Secretary/Treasurer, Brian Fritsinger; Controller, Terrance Post; and Recording Secretary, Lori Rolfson. ADOPT AGENDA MOTION: Commissioner Aplikowski moved and Commissioner Rem seconded a motion to adopt the agenda for the January 4,1999, Special Meeting of the Economic Development Authority. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. December 14, 1998 Special Meeting Mr. Fritsinger noted on page one, under Approve Minutes, "Commission Larson" should be corrected to "Commissioner Larson." MOTION: Commissioner Aplikowski moved and Commissioner Larson seconded a motion to approve the minutes for the December 14, 1998, Special Meeting of the Economic Development Authority, as corrected. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS A. Indvkiewicz Proverty Acquisition Mr. Ringwald explained that the EDA is being requested to authorize the City Attorney to prepare a purchase agreement for the entire Indykiewicz parcel located at 1920 Highway 96 for a price not to exceed $1,150,000, subject to stable soils and no enviromnental contaminations. The purchase price does not include the dirt and fixtures on the property. ARDEN HILLS EDA SPECIAL MEETING - JANUARY 4, 1999 DRAFT "" 2 ~ The City has been working on improving the intersection of Round Lake Road and Highway 96 with Ramsey County. The work has proposed the easterly relocation of this connection, so as to __ improve separation from the 135W interchange for safety purposes and to improve access to the Gateway Business District (GBD). Providing this separation will allow for signalization of the intersection in order to improve the movement of traffic in the area. The City Engineer, in conjunction with Ramsey County, have determined what the realignment should be. It was noted that the City Council, on June 8, 1998, adopted Resolution #98-44, which authorized the condemnation of the 6.8 acre Indykiewicz property. The City Attorney served legal notice to the Indykiewicz's on September 11, 1998, which started the 90-day "Quick Take" process. Therefore, the theoretical acquisition date would be Thursday, December 10, 1998. However, the City has yet to provide the property owner the required 30-day notice to vacate the property. The Staff has been continually working with the property owners in an attempt to avoid court action and resolve this acquisition through a negotiated settlement. The City has conducted two appraisals and the property owner has completed one appraisal for the total acquisition of the property. The two appraisals by the City were required by Ramsey County to qualifY for reimbursement. The two City appraisals were sent to a review appraiser who determined what the value of the property should be. The review appraiser determine that the value of the property should be $1,030,000.00, which happened to be exactly the value of the higher of the two appraisals. The Staff extended an informal offer to the Indykiewicz's of $1, I 00,000.00. The Indykiewicz's counter-offered with a purchase price of $1 ,150,000.00, which is halfway in between what staff believes to be their appraisal value of$I,300,000.00 and e the City's appraisal value. Mr. Ringwald read through some general questions and answers in relation to the acquisition. Do we have to buy the entire property? No. The EDA can choose to just purchase that part of the property required for the road under a "partial taking", which is approximately 4.05 acres. However, the property owner has stated that they are not interested in a partial take. For this reason a negotiated settlement could not be conducted and the issue would have to be brought to court. The property owner has stated that, if a partial take is pursued, they would file an adverse condemnation suit and attempt to force the purchase of the entire site. The property owner believes that the remnant parcel is too small to provide for their business needs and that it provides for an unsafe point of access for trucks entering and exiting the site. The property owner mayor may not prevail on their adverse condemnation claim, but it would certainly add time and money to the project. What is the status on the price for fixtures and dirt? The property owner has stated that the fixtures are worth $143,650.00 and the dirt is worth $210,000.00, for a total of$353,650.00. The Staff has authorized the preparation of a fixture appraisal, which will determine the price of the fixtures and dirt. It is anticipated that the appraisal will be ready within 10 to 14 days. . ", tit e . ARDEN HILLS EDA SPECIAL MEETING - JANUARY 4,1999 DRAFT 3 The property owner has suggested that they are amenable to coming to an agreement on the purchase price of the property now, excluding the fixtures and dirt, and continue to work on the value of these items. What is being proposed is that, if a negotiated agreement on the fixtures and dirt is not reached by a certain amount of time, then an arbitration process would begin to resolve the value of those items. Assumably then, the property owner's value would be the worst case scenario for the fixtures and dirt, unless the City's appraisal comes in at a higher number. Why not let Ramsey County build the intersection in their time frame? Ramsey County is in the process of reconstructing Highway 96 from Old Highway 8 in New Brighton to Interstate 35E in White Bear Lake. The original reconstruction schedule for the entire project was estimated to commence in the year 1997 and conclude in the year 2000. It was anticipated that Ramsey County would be working on this portion of the project at West Round Lake Road by this time. It has not yet begun work, however, due to a lack of State and Federal funding availability for Ramsey County. The reconstruction schedule of the Highway 96 project is currently estimated to commence in the year 1999 and conclude in the year 2002. The City can choose to provide traffic police at the corner when the new office/showroom is constructed in the GBD and the traffic levels warrant this action. Otherwise, the City can choose to commence building this portion of the road. The Staff previously estimated that traffic control by police would cost $2,000.00 per week. The developer, Welsh Development, is responsible for paying this service until March 31,1999, after that date it is the City's responsibility. Assuming the Ramsey County project is to be completed October I, 2002, the traffic police option could cost up to $364,000.00. The City would then still have to pay Ramsey County for upgrading the intersection. The City Engineer estimates that this upgrade cost would be approximately $531,910.00. Thereby, bringing the total cost of this option to $895,910.00 and the City would not own the remnant part of the Indykiewicz site. The City had discussed a cost sharing agreement with Ramsey County. The City would advance fund the project which is not an unusual situation in Public Works projects. Total cost for the right-of-way would be $1,150,000.00; fixtures and dirt would be $353,650.00; the road reconstruction would be $1,016,110.00; and the miscellaneous cost would be $52,757.60 for a total project cost of $2,572,367.00. Ramsey County has used the cost of a partial take on the right-of-way and broke out the remaining cost on a percentage of that right-of-way cost. Therefore, of the $2,572,367.00, Ramsey County would be responsible for approximately 55% and the City would be responsible for 45%. Some of the costs would be reimbursable to the City. Ifthe City bought the entire property, the remnant parcel could be resold. Staff estimates this value to be 66% of the value the cost of the parcel. Staff feels confident in the estimated cost of the fixtures and dirt and have estimated its value to be 75% of the original cost. With the sale of these reimbursables, the total revenue return would be estimated at $459,226.88 which would offset the City's cost portion of $1,229,793.42 for a total cost to the City of $770,566.54. The City did not plan to spend the money up front, however, with the original budget for the TIF Fund, the City did anticipate spending approximately $1,136,000.00. There are some short term ... ARDEN HILLS EDA SPECIAL MEETING - JANUARY 4,1999 DRAFT 4 funding gaps which need to be filled. There are two options to fill these gaps. The first would be a borrowing approximately $972,367.60 from the PIR Fund, which would be paid back by the ., Ramsey County funds, with interest. Secondly, the City had pledged $1,600,000.00 through the TIF Bond Fund. These two options would provide the $2,572,367.60 needed to complete the project. The City has discussed the concept of funding the cost of the land over time with the Indykiewicz family. Under this scenario, the City could spread the purchase of the property over three years and pay an interest rate of 8% on the outstanding balance. The additional cost to finance this option would be approximately $120,000.00. Staff would prefer the up front funding in order to minimize the interest costs. In speaking with Ramsey County, it is their belief that the project funds would start to be available in the Spring of 1999. At this time it is not clear whether this would be all or a portion of the funds. Mr. Ringwald advised that Staff is recommending the EDA authorize Staff to hire a consultant to conduct a Phase I environmental analysis of the property. Authorize the City Attorney to prepare a purchase agreement for the entire Indykiewicz parcel at 1920 Highway 96, for a price not to exceed $1,150,000.00, excluding dirt and fixtures, subject to the following: I. Stable soils and no environmental contamination. 2. Approval of the purchase agreement by the EDA. e President Probst stated that he is prepared to support the fact that the City would be paying a premium for the parcel. However, he is concerned whether there is still the potential for the project to fall through if the City and the property owners cannot agree on the value of the fixtures and dirt. Mr. Ringwald stated that it is his understanding that the property owner is willing to move forward with the sale of the property and, in the mean time, come to a resolution on the fixtures and dirt. Mr. Ringwald indicated that he has reviewed the property owner's appraisal of the fixtures and he believes they are close to being appropriate. There are some questions regarding the dirt, not only the proposed cost, but also with the amount of dirt on the property. The property owner is estimating the amount of dirt to be approximately 35,000 yards. This amount could be verified through surveying or trucking out of the dirt. President Probst confirmed that, fundamentally, the property owners are looking to walk away from the property and the fixtures and dirt would be the City's responsibility. Mr. Ringwald concurred. He noted one concern the property owner had expressed was the safety and security of the equipment of the property. The property owner prefers that the equipment be the responsibility of the City. . . e e e ARDEN HILLS EDA SPECIAL MEETING - JANUARY 4,1999 DRAFT 5 Commissioner Aplikowski asked what equipment is included in the fixtures. Mr. Ringwald explained that the fixtures would be all the equipment on the site totaling approximately $140,000.00. These include trucks, sifters, and anything left such as shelving, oil cans, etc., related to the business. Mr. Ringwald stated that the relocation representatives went through the site with the property owner and identified anything which was related to the business and the property owner provided pricing for each item. The Staff has also authorized the preparation of a fixture appraisal to determine the value of the equipment. Commissioner Malone expressed his belief that one million dollars is a bit pricey and asked how much road the City would be getting for this amount of money. Mr. Ringwald explained that the one million dollars will take the project from the Nott Company up to the south edge of Highway 96, including the ponds and signals. Commissioner Malone asked if, in order to install signal lights, the road work would need to be done on Highway 96. Mr. Ringwald explained the plan is to string the Highway with temporary signals. Commissioner Malone noted that at one point the City was told they could not string temporary lights across the road. Mr. Fritsinger explained that this restriction was when the location of the road was in the existing right-of-way. Commissioner Malone noted that the issue for not allowing the temporary signals at the current location was due to storage space. He asked if, with the relocation of the right-of-way, would there be ample storage space. Mr. Ringwald stated that the northerly terminus of the hanging signal would be in the exact center of the future median. This will allow the City to keep traffic moving on the existing Highway 96 and build the new one with the signal in the median. Mr. Fritsinger stated that the City will receive bids on January 14, 1999, and will present them to the City Council at the January 25, 1999 Council meeting. At that time, City Engineer Brown will be available to answer these types of questions. Commissioner Larson expressed his concern about the agreement with the land not including an agreement on the fixtures and dirt. He stated that he felt comfortable with this suggestion since there would be a procedure for resolving the dispute through arbitration. He stated that he is curious whether or not the arbitration is something the property owners have agreed to. Mr. Ringwald stated that this had been the property owner's suggestion in order to expedite the process. Commissioner Larson suggested that it may be worth having this agreement in writing so the project is not held up at some point in the future because a settlement cannot be reached. Mr. Ringwald stated that, at the January 25, 1999 meeting, Staff would present the Council a signed agreement. .. ARDEN HILLS EDA SPECIAL MEETING - JANUARY 4, 1999 DRAFT' 6 MOTION: Commissioner Malone moved and Commissioner Aplikowski seconded a motion for the EDA to authorize Staff to hire a consultant to conduct a Phase I environmental analysis of the property and authorize the City Attorney to prepare a purchase agreement for the entire Indykiewicz parcel at 1920 Highway 96, for a price not to exceed $1,150,000.00, excluding dirt and fixtures, subject to stable soils and no environmental contamination and approval of the final purchase agreement by the EDA. The motion carried unanimously (5-0). e MISCELLANEOUS ITEMS Commissioner Aplikowski expressed her appreciation to the Staff for their hard work in the Indykiewicz property matter and to the property owners for their concession on some issues. President Probst asked Mr. Ringwald if he had an update on the loan proceeds. Mr. Ringwald stated that the loan proceeds for Cardiac Pacemakers, Incorporated (CPI) was being paid back to the City since the end of October, 1998. He does not, however, know the exact dollar amount which has been received. President Probst suggested that, during the second quarter of this year, the Staff could present some ideas on how to utilize these proceeds. President Probst stated, in relation to this issue, there may be issues relative to the activities at TCAAP which the EDA may wish to participate a in. Additionally, the Commission needs to consider whether the management of these proceeds ... should be handled by the EDA or the City Council. President Probst suggested that, as the City considers options for how the Public Works facility may be financed, the Commission should consider whether or not the EDA is the appropriate venue to deal with this type of issue. He indicated that this issue would not need to be dealt with in the first quarter of the year. However, at the first meeting ofthe second quarter, the Commission may consider addressing these issues. ADJOURN MOTION: Commissioner Aplikowski moved and Commissioner Rem seconded the motion to adjourn the meeting at 9:12 p.m. The motion carried unanimously (5-0). Dennis Probst President Brian Fritsinger Secretary - Treasurer e e e e .. ~ CITY OF ARDEN HILLS ECONOMIC DEVELOPMENT AUTHORITY MEMORANDUM DATE: January 25, 1999 TO: EDA President and Board of Commissioners IT: Kevin Ringwald, Executive Director Authority to commence negotiations for t e acquisition of real property in the Gateway Business District FROM: SUBJECT: Requested Action The EDA is being requested to authorize the City Staffto commence negotiations for the acquisition ofthe MT Properties (railroad right-of-way) real estate in the Gateway Business District (GBD). Backeround As you are aware, the City has been working on the redevelopment of the GBD for a number of years. The first four building phases of the project are now complete. The redevelopment of the keystone properties (Morris Communications, Vaughan, ATS Steel, and the MT Properties) now lies ahead (Exhibit A). These properties are at the northeast comer ofInterstate 694 and 35W and offer extremely high visibility to regional traffic. The City's previously stated vision for these properties consists of a multi-story office building(s). To this end, the City has entered into a development agreement with Morris Communications for the acquisition of real estate for road purposes (Gateway Boulevard), construction of a regional storm pond, removal of two billboards (on Interstate 35W), and the marketing of its remnant properties (Exhibit B). Additionally, the City requested that its City Engineer (Greg Brown ofBRW, Inc.) prepare Plans and Specifications for the improvement of Round Lake Road, south of the Indykiewicz property. Kevstone Pronerties Property Acreaee * Land Value * Buildinl!; Value * Total Value * Morris 18.572 acres $1,466,400 - $1.811sf $0 $1,466,400 Vaughan 18.343 acres $142,200 - $0.18/sf $7,800 $150,000 ATS Steel 4.268 acres $184,900 - $l.OOIsf $1,015,100 $1,200,000 MT Properties 2.168 acres $79,800 - $0.85/sf $0 $79,800 TOTAL 43.351 acres $1,873,300 - $0.99/sf $1,022,900 $2,896,200 * Information based on Ramsey County (Department of Property Records and Revenue) data, December of 1998 The City Staff has been meeting off and on with representatives ofMT Properties discussing the future of the railroad spur and its associated right-of-way. The MT Properties board of directors at their December of 1998 meeting authorized their staff to explore the sale of this property to the City of Arden Hills, including their rights to the Interstate 35W railroad bridge. fir.... MT Properties Page Two January 25,1999 e Whv should the EDA consider aCQuirinl! this property? The Staff would conclude that the acquisition of this property serves two fundamental public purposes. First, the property's acquisition would provide direct vehicular access from the properties to the south to the new Gateway Boulevard. Secondly, the property's acquisition would facilitate a trail connection between the cities of New Brighton and Arden Hills as contemplated by the recently updated Comprehensive Plan. What does nel!otiate mean? The Staff would need to hire an appraiser to determine the fair market value of the property, hire an environmental consultant to conduct Phase I environmental audit, consult the City Engineer on issues related to the bridge over Interstate 35W, and consult the City Attorney on legal matters related to the potential acquisition of this right-of-way. Budl!et Imuact The Staff would propose that this "authority to negotiate" would not exceed $15,000.00, without further action by the EDA. Fund #704 (Round Lake Office -TIP) is anticipated to have unexpected revenues, due to interest earnings on the bond proceeds (ie., the bond money has not been spent as fast as originally anticipated, therefore, the interest earned on that money is higher .- than expected). ... Recommendation Authorize the Staff to commence negotiations for the acquisition of the MT Properties (railroad right-of-way) real estate in the Gateway Business District (GBD), including the hiring of necessary consultants, in a total amount for the negotiations not to exceed $15,000.00, without further action by the EDA. e o ~ iQ'l ~ I ~ , ;; f' Gateway Business District Keystone Properties ~'(H1l>rr A ~ Th, . : '- P1 f , I n _Lj. .~.. -HIGHlNAY96W Q = o Morris Communications N fA. 800 , 800 1600 2400 3200 4000 Feet , o e e e .. ~. fxH16rT ~ 'l'~ STATEMENT OF INTENT 1.0 Parties. This Statement of Intent is dated the ____ day of , 1997, and represents the present understanding of the City of Arden Hills, a Minnesota municipal corporation ("City") and Morris Communication Corporation, a Georgia corporation, it successors and assigns ("Morris"). 2.0 Recitals. A. Morris owns certain property located in the City ("Morris Property") . B. The Morris Property is adjacent to property owned by ATS Steel ("ATS Steel Property"). Both the Morris Property and the ATS Steel Property in the City's Gateway Business Zoning District and adjacent to an area which is being developed redeveloped. D. The City would like to encourage the development and redevelopment of property within the Gateway Business Zoning District consistent with the City's vision for the area. C. are are and 3.0 Statement of Intent. A. The City agrees that it will make the development/redevelopment rights for the ATS Steel Property available to Morris for a period of approximately two years ("Option Period") commencing on the date hereof and terminating on December 31, 1999. It is intended that during the Option Period, Morris will have the right to submit to the City, or the City's economic development authority, proposals for the development of the Morris/ATS Steel Properties. B. The Option Period may be extAndFld for two additional one year terms by providing the City with written notice at least two (2) months prior to the end of the Option Period or any extension thereof. 1. The first request for an Option extension shall be submitted to the City along with a non-refundable payment of $10,000. 2. The second request for an Option extension shall be submitted to the City along with a payment of $20,000 plus interest earned thereon by the City which amounts shall be refunded to Morris if development of the Morris/ATS Steel Property 1 .% ~ ,- commences during the second extension period pursuant to an approved contract for development _ and/or redevelopment of such property. ~ C. Morris shall advise the City of its intent to exercise its development rights within a sufficient time to permit the City, or the City's Economic Development Authority, as the City deems appropriate, to acquire the ATS Steel Property by negotiation or other means as permitted by law. It is intended that subject to the satisfaction of all of the conditions in section 3.0(D), the City will use its best efforts to acquire the ATS Steel Property in order to facilitate development plans submitted by Morris which have been approved by the City. D. The City's obligation to pursue the acquisition of the ATS Property shall be contingent upon the following: 1. Morris would present a development concept for the Morris and ATS Steel Property consistent with the City's development regulations and providing for a development of such nature and quality as acceptable to the City in its sole discretion. 2. Continuing favorable tax increment financing legislation in the State of Minnesota which will allow the City to reimburse itself for all costs of acquisition of the ATS Steel Property and all related costs. e 3. A financial analysis indicating that tax increment from the Morris/ATS Steel Property would be sufficient to reimburse the City for all of its costs relating to an approved Morris development proposal amortized over a period of time not to exceed the remaining life of the tax increment financing district and allowing the City to meet all the "but for" and other requirements relating to the provision of tax increment financing in connection with an improved Morris development proposal. 4. A commitment from Morris or a Morris developer that it will develop or redevelop the Morris/ATS Steel Property as approved by the City. The commitment shall be in the form of an agreement entered into between the City or the city's economic development authority, and Morris setting forth the terms and conditions under which the parties would proceed with the implementation of the approved Morris Development proposal. 2 e e e . 11, f3 . E. Nothing herein shall prohibit ATS Steel from using or otherwise developing its property consistent with the City's regulations and agreements. F. This is a non-binding Statement of Intent. G. The City agrees that so long as this StatQment of Intent remains in effect, it will not enter into any agreement with ATS Steel or any other entity or person, tha~ would prevent or make it more difficult for Morris to obtain the development rights provided for herein and will not grant development rights in the Morris property to any other person or entity. H. In the event of a judicial determination that this Statement of Intent or any paragraph thereof prohibits or otherwise impairs the ability of ATS Steel to develop or use its property consistent with the City's regulations and agreements, then this Statement of Intent or such paragraph thereof shall be considered void. IONS CORPORATION BY: a:- ;&s ITS: BY: ITS: 111/itf1?t bjahjmorris.in4 3 , . . . F" if-- ~ Lt:. CITY OF ARDEN HILLS 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112-5794 AGENDA CITY COUNCIL MEETING, CITY HALL MONDAY, JANUARY 25,1999,7:30 P.M. THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) IS SCHEDULED AT 7:15 P.M. 7:30 P.M. 1. Call to Order 7:30 P.M. 2. Approval of Meeting Agenda 7:30 P.M. 3. Approval of Minutes a. December 14, 1998 Regular Council and 1998 Final Budget and 1998 Levy Payable in 1999 Meeting b. January 4,1999 Regular Council and Organizational Meeting c. January 11, 1999 Council Worksession 7:30P.M. 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. a. Claims and Payroll b. 1999 Business License Renewals 7:35 P.M. 5. Public Comments This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. PHONE: 16121633-5676 · FAX (6121633.7839 , AGENDA - PAGE TWO . CITY COUNCIL MEETING, CITY HALL MONDAY, JANUARY 25,1999,7:30 P.M. 7:40 P.M. 6. Unfinished and New Business a. Planning Case #98-35, Donald Palme, 1370 Arden Oaks Drive, Minor Subdivision b. Res. #99-08, Authorizing the Commencement of Proceedings under Minnesota Statute 463.15, ET. SEQ. Relative to 1875 Lake Lane c. Res. #99-07, Delaying Action on Improvement Project, West Round Lake Road (Phase II), and Authorization for Fund Carry Over d. Pay Request #1, Lift Station #3, Jay Brothers e. County Road F Pedestrian Trail, Authorizing Preparation of Plans and Specifications 9:30 P.M. 7. Administrator Comments 9:40 P.M. 8. Council Comments and CommitteelDepartment Activity Reports . 9:50 P.M. 9. Adjonrn The above times may vary depending upon length of issue discussion. . . Tentative Februarv Meetin.. Scbedule Tentative Marcb Meetin.. Scbedule Meeting dates, times and locations are subject to change. Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. Please contact City Hall for the most current schedule. February 3 Newsletter Committee 6:DO P.M. March 3 Planning Commission 7:30 P.M. February 3 Planning Commission 7:30 P.M. Mareh 8 Couneil Meeting 7:30 P.M. February 8 Council Meeting 7:30 P.M. March 15 Council W orksession 4:45 P.M. February 16 Business Relations 4:00 P.M. PENDING Business Development 8:00 A.M. Committee Committee February 16" Council W orksession 4:45 P.M. March 18 Finance Committee 7:30 P.M. (fuesday) March 18 ~blic Safety 7:3D P.M. PENDING Business Development 8:00 A.M. Commission Committee March 23 Parks & Recreation 7:00 P.M. February 18 Finance Committee 7:30 P.M. Commission February 18 Public Safety 7:30 P.M. March 29 Economic Development 7:00 P.M. Commission 'Authority ebruary 19/20 City Council Retreat Pending March 29 Council Meeting 7:30 P.M. February 22 Economic Developmeut 7:DO P.M. March 31 Newsletter Committee 6:00 P.M. Authority PENDING Business Relations 4:00 P.M. February 22 Council Meeting 7:30 P.M. Committee February 23 Parks & Recreation 7:00 P.M. Commission February 24 Newsletter Committee 6:0D P.M. . 01/25/99 MON 16:07 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION IO ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills I4i 001 ********************* *** TX REPORT *** ********************* 2874 6124219511 01/25 16:06 01'04 3 OK 01/25/99 MON 12:44 FAX 6126337639 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT ; I City of Arden Hills 1;1]001 ********************* *** TX REPORT *** ********************* 2671 6124219511 01/25 12:40 04'17 13 OK 01/22/99 FR1 14:34 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT . . City of Arden Hills @J001 ********************* *** TX REPORT *** ********************* 2848 6286833 01/22 14:33 01'03 4 OK 01/22/99 FRI 14:36 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 2849 6339550 01/22 14:35 01'04 4 OK 01/22/99 FRI 14:38 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills I4J 001 ********************* *** TX REPORT *** ********************* 2850 4810SS1 01/22 14: 37 01'18 4 OK 01/22/99 FRI 14:40 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills IgJ 001 ********************* ... TX REPORT ... ********************* 2851 2279371 01/22 14: 39 01'31 4 OK 01/22/99 FRI 14:42 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT . . CIty of Arden Hills I4i 001 ********************* *** TX REPORT *** ********************* 2852 4821262 01122 14: 40 01'30 4 OK 01/22/99 FRI 14:48 FAX 6126337839 City of Arden Hills Ig] OOi *************************** *** ERROR TX REPORT *** *************************** TX FUNCTION WAS NOT COMPLETED TXlRX NO 2853 CONNECTION TEL 3701378 CONNECTION In ST. TIME 01/22 14: 48 USAGE T 00'00 PGS. SENT 0 RESULT NG #018 . . 01/22/99 FRI 14:44 FAX 6126337839 TRANSMI SS ION OK TX/RX NO CONNECTION TEL CONNECTION IO ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills I4J 001 ********************* $$$ TX REPORT $$$ ********************* 28S4 6461220 KMWB WB23 MPLS M 01/22 14: 43 01'11 5 OK . I . . e CITY OF ARDEN HILLS MEMORANDUM DATE: January 22, 1999 TO: Mayor and City Council ~ Brian Fritsinger, City Administrat"lV FROM: SUBJECT: Administrator Comments for the January 25, 1999 Council Meeting THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) IS SCHEDULED AT 7:15 P.M. 1. Approval of Minutes The City Council is asked to approve the Minutes of the December 14,1998 Final Budget and 1998 Levy Payable in 1999 Meeting, the January 4,1999 Regular Council and Organizational Meeting, and the January 11, 1999 Council Worksession. 2. Consent Calendar a. Claims and Payroll The City Council is asked to approve vendor claims in the amount of $221,179.16, and payroll for period most recently ended. The Council should note payment to MCES in the amount of$41,571.69 for January sewer charges; to Lake Johanna Volunteer Fire Department in the amount of$42,498.39 for First Quarter fire protection; to the League of Minnesota Cities Insurance Trust in the amount of $18,200 for 1999 Workers Compensation premium; and to the MCES in the amount of$41,571.69 for February sewer charges. b. 1999 Business License Renewals The City Council is asked to approve the renewal of additional 1999 Business Licenses, subject to receipt and verification of all final insurance and related documentation. Administrator Comments for the January 25, 1999 Council Meeting Page Two January 22, 1999 3. Unfinished and New Business a. Planning Case #98-35. Donald Palme. 1370 Arden Oaks Drive. Minor Subdivision The City Council is asked to approve Planning Case #98-35, Minor Subdivision, subject to the recording of the subdivision in the form of a Registered Land Survey, as recommended by the Planning Commission. b. Res. #99-08. Authorizing Commencement of Abatement Proceedings The City Council is asked to adopt Resolution #99-08, "Authorizing the Commencement of Proceedings Under Minnesota Statute 463.15, ET. SEQ., Relative to 1875 Lake Lane." While the property owner has cleaned up the property, several structural problems have not yet been resolved. These problems do create a potential public safety hazard and as a result, City staff is recommending the Council proceed with the abatement process. c. Res. #99-07. West Round Lake Road (phase In The City Council is asked to adopt Resolution #99-07, "Delaying Action on Improvement Project, West Round Lake Road (Phase II), and Authorization for Fund Carry Over." This action is related to Council direction at the January 11, 1999 Worksession, directing staff to delay this project indefinitely. d. Pay Request #1. Lift Station #3. Jav Brothers The City Council is asked to approve Pay Request #1 to Jay Brothers in the amount of $21,420.41, for work to-date on Lift Station #3. e. County Road F Pedestrian Trail The City Council is asked to authorize the preparation of Plans and Specifications for the design of the pedestrian trail along County Road F between Lexington and Hamline Avenues. 4. Denartment Report The City Council will find the department report enclosed for each of the various City Departments. Activities related to the Administration and Finance Departments include: General Administration Miscellaneous items worked on during January included: . Continuing Processing of 1999 Business and Rubbish Hauler Licenses . Y2K Compliance Evaluation . 1998 Election Review Meeting of Ramsey County Municipalities . ; e . e t e e e Administrator Comments for the January 25, 1999 Council Meeting Page Three January 22, 1999 . City Facilities Update . New City Hall Staff has met several times with the Architects, and the Council Sub- Committee has met to review cost estimates and revisions to-date. Soil borings have been completed on the site both for environmental and building needs. The initial reports found nothing of interest. The detailed environmental report will be available in two weeks. The City also received the revised cost estimates for the Electronic Media Technology. This estimate is $187,525. Staff has received word that the most recent visits to Washington, D.C. and Rock Island by representatives of the Department of Army was met with a positive response. Staff will continue to work on lease development and related proceedings. . Temporarv City Hall The Council should note that the City has not been using Channel 16 to playback recent Council meetings or update other general City information. When the new system was put in place, the only person trained to use it was the Receptionist. With her resignation, we have not yet had the time to have other staff retrained and the Channel utilized as intended. . City CouncillDepartment Head Retreat Staff began preliminary preparations for the annual City CouncillDepartment Head Retreat scheduled for February 19th and 20th. The Retreat has been scheduled at the Plymouth Radisson again this year. Dennis Cheesebrow has confirmed his participation as Facilitator for the event. Staff will be working with Mr. Cheesebrow to finalize an agenda prior to the Retreat. . Town Hall Meeting Staff planned and organized logistics for the third annual Town Hall meeting scheduled for January 23, 1999 at Bethel College. This has included public notification, preparation of various materials, location layout and other items. . Committee Updates Staff continues to process surveys of interest for serving on the various City committees. We have also communicated with prospective committee members regarding the Council's decision to delay 1999 appointments until their 1999 Retreat. r Administrator Comments for the January 25, 1999 Council Meeting Page Four January 22, 1999 e . Newsletter Committee The January, 1999 newsletter was processed and mailed to our residents. The Committee is currently working on the February, 1999 edition. The addition of three additional members to the committee has invigorated the committee and given a fresh perspective to article development. It will be interesting to see future editions and the improvements they implement. . Fox 29 Tower Staff has met with Fox 29 representatives again in January to discuss the potential television tower and alternative locations. The City has discussed this issue with the City of Shoreview, our City Attorney, neighboring property owners and other individuals, including the local press. Fox 29 indicated it would like to submit an application for review at the March or April Planning Commission meeting. . Property Acquisitions Staff continues to hold meetings with the City Attorney, Ramsey County, Acquisition Specialist, and the Indykiewicz family regarding the acquisition of this property. It had been anticipated that the Purchase Agreement between the City and the Indykiewicz family would be presented to the Economic Development Authority at the January 25th meeting. However, this might be delayed until February 8th. . . Code EnforcementlNuisance Issues/Comnlaints . Jean Lemberg. 14m Skiles Lane. Woodburning Stove Staff notified Ms. Lemberg that the City had no specific regulations which would allow it to address her concern regarding her neighbor burning wood to heat their home. Staff has tried on several occasions to talk to MPCA on related issues, but to-date, has not received a response. Ms. Lemberg had indicated she was not going to drop the issue, but I have not heard from her for several weeks. . Siems Court Area. Loose and Bakinl! Dogs . Vince Anderson. Policv on Utility Rate Reductions for Disabled Residents Mr. Anderson believes the City policy is discriminatory in that it does not allow for residents recognized as disabled by the Veterans Administration to qualify. Mr. Anderson may be present at the January 25'" meeting and present a letter of request that the policy be reconsidered. . , I e e e Administrator Comments for the January 25, 1999 Council Meeting Page Five January 22,1999 . Community Representations As City Administrator, I've attended a variety of meetings representing the City this past month, including the League of Minnesota Cities; TUG; MCMA; MAMA; Rotary; and the I-35W Corridor Coalition Board of Directors. . North Suburban Cable Commission As previously discussed, Paul Malone served as Arden Hills' representative to the Cable Commission's "Back to the Future" Task Force. This Task Force developed a series of recommendations related to how the Cable Commission should operate in the future. One of the recommendations of this Task Force was the creation ofa Telecommunications Advisory Committee who would discuss strategic planning issues for the NSCC. I will be serving as the Arden Hills representative on this Committee. The Committee held its organizational meeting this past week and will meet monthly. . Lake Johanna Volunteer Fire Department. Fire Board The first meeting of this new group was held this past week. Representatives of Shoreview, North Oaks, Arden Hills and the Fire Department met to review and discuss the issues to be addressed by the Board. . Ramsey County Sheriff Contract Group The contract with the Sheriff expires at the end of this year. The contract group has discussed the timing and process for reviewing the contract. . Training Administration staff has also attended a Human Resources seminar which discussed various personnel issues; conducted additional Xerox copier training/troubleshooting with other staff; and a one-day Labor Relations Conference sponsored by the League of Minnesota Cities. . Property/Casualty Insurance The City has not yet received a response/quote from the League of Minnesota Cities Insurance Trust (LMCIT) for our 1999 insurance rates. They have indicated that our existing coverage will carry over until the 1999 coverage is completed. It appears that many ofthe firms who have previously quoted LMCIT coverage have elected not to do so in 1999. It is our understanding that none of the other cities that obtain coverage through LMCIT have obtained 1999 coverage. , ~ Ad[l1inistrator Comments for the January 25, 1999 Council Meeting Page Six January 22,1999 . . Finance Department . First Ouarter.1999 Utility Billing First Quarter (October 1, 1998 - December 31, 1998) utility bills were mailed on January 15'h and totaled $488,000. Included with the billing were inserts on 1999 utility rates and the Town Hall meeting. The utility rate insert has prompted a flurry of interest from seniors wanting to take advantage of the senior rate. In the absence of means testing, applying for the rate appears to be a sure-fire way of saving $92 per year in sanitary sewer charges. . Stowe Avenue Reimbursement The City of Arden Hills has issued three progress billings to the City of New Brighton for its proportionate share of Stowe A venue reconstruction costs. All three progress billings have been paid and have totaled $130,346.97. On a related Stowe Avenue matter, the City of Arden Hills has yet to receive $50,000 from Ramsey County per the turnback agreement. City Engineer Brown has been in contact with Ramsey County Public Works to expedite this matter. tit . Sales Tax on Local Government Purchases With the likelihood of at least one bill advancing this legislative session calling for the elimination of sales tax on local government purchases, it may be prudent to postpone maj or capital purchases until the bills passing and effective date are known. . Personnel . Building Inspector Position Staff met with Shoreview representatives to discuss the shared Building Inspector position. Shoreview is developing the job description and cost information for our review. Once this information is completed, we will begin working on a Memorandum of Agreement. . Vacant Positions The City prepared and advertised for the vacant Receptionist and Parks & Recreation Director positions. In the interim, staff utilized temporary employees for these positions and other clerical load. The City Administrator has been handling all ofthe activities related to Parks development in the interim. tit j e e e Administrator Comments for the January 25,1999 Council Meeting Page Seven January 22,1999 . Orl:anization Issues As a result of the decision to hire a Parks Director, staff has revised several job descriptions to address the needs of the organization. A meeting was held emphasizing the need to be flexible and "team' players in assisting departments. . OSHA Annual Labor Report Staff completed the annual OSHA Labor Report. This report documents the number of accidents and injuries experienced by the City during 1998. . COBRA Coveral!:e Previously, staff had informed the Council of the decision by American Medical Security (employee dental coverage) to terminate one of our COBRA employees. Staff and our representative were able to document and require the insurance carrier to reinstate coverage for this individual. . Park Development I attended the January 7th and will be attending the January 26th Parks and Recreation Commission meeting to provide an update on the various park development activities. Numerous meetings have been held between staff and Bethel College regarding the proposed joint park project. Phone conversations and correspondence has also been performed on a regular basis with the representatives of the Chatham neighborhood. The various parks development projects I've been working on this past month include: . Tony Schmidt Park The City has been notified that this project will be bid in February. The County intends to begin construction this summer. At this point, it is unclear if the County has all of the funds necessary to complete the full project this year, or if it will be completed over time. . Arden Manor Park As mentioned previously, staff met with Greg Brown ofBRW to discuss the drainage issues present in the Arden Manor Park. Once the sketch plan for the park is completed, the City Council and Parks & Recreation Commission will need to consider the level of improvements it wishes to undertake to correct the drainage problems. . Bethel Park The Bethel Park project will be presented to the City Council at its February 8th meeting. t '. Administrator Comments for the January 25, 1999 Council Meeting Page Eight January 22,1999 e . County Road F Trail Grant Process Staff has completed additional preparation required by the Minnesota DNR regarding this project. In addition, a request has been forwarded to the City Council to proceed with plans and specifications. BF/sls e e I: .~ e . e MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING DECEMBER 14, 1998 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Susan Keirn, Gregg Larson and Paul Malone. Absent: None. Also present were City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; City Accountant, Terrance Post; Associate Planner, Nancy Randall; City Engineer, Greg Brown, BRW; and Recording Secretary, Carla Wirth. ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Councilmember Keim seconded a motion to adopt the agenda for the December 14, 1998, regular City Council meeting. The motion carried unanimously (5-0). APPROVE MINUTES A. November 30, 1998 Regular Meeting B. December 7, 1998 Truth in Taxation Public Hearing C. December 7, 1998 Council Worksession Mr. Fritsinger requested the following correction to the December 7, 1998 Council Worksession minutes: Page I, second paragraph under Rubbish Hauling, strike "Safety Commission" and insert "Works Director" and the second line strike "and the Public Safety Commission." Page 4, sixth paragraph, last sentence, strike "identify" and insert "identity." Council member Larson requested the following correction to the November 30, 1998 Regular minutes: Page 4, third paragraph, second line, change from "burden" to "financial burden." DRAFT 2 ARDEN HILLS CITY COUNCIL - DECEMBER 14, 1998 . MOTION: Council member Aplikowski moved and Councilmember Keirn seconded a motion to approve the meeting minutes of the November 30, 1998 Regular City Council meeting, the December 7,1998 Truth in Taxation Public Hearing, and the D<;:_cembex 7, 1998 CouncilWorksession meeting, as corrected. The motion carried unanimously (5-0). e CONSENT CALENDAR A. Claims and Payroll B. 1999 Liquor License Renewals C. Animal Control Contract Renewal D. Electrical Inspector Contract E. LMCIT Municipal Excess Liability Coverage F. Designation of 1999 Official Newspaper MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. e UNFINISHED AND NEW BUSINESS a. Planning Cases 1. Planning Case #98-28, Mark & Roberta Thompson, 3413 Snelling Avenue North, Variance (Side Yard Setback) Ms. Randall explained that the applicant was requesting approval of a side yard setback variance (four feet, six inches proposed, when 10 feet is required) for a porch on a single family lot zoned R-l. The applicant is adding onto the existing home in several areas. The proposed porch on the south side of the home does not meet the required 10 foot side yard setback. The existing porch which is six feet by eight feet, six-inches (51 square feet) is approximately seven and one-half feet from the property line and does not meet the required setbacks. The applicant wished to replace the existing porch with a larger porch. The applicant was proposing a 10 foot by 12 foot (120 square feet) porch placing the new pilings beyond the existing structure and cantilevering a portion to the edge of the two-tier retaining wall. The home is a split entry style and the door on the south side of the home serves as a front door for the home. Ms. Randall used an overhead to point out the location of the existing and proposed porch. She stated there is an encroachment provision to allow for certain types of structures to be closer than _ the ten foot requirement with up to a three foot encroachment but no less than five feet. In this .- case, it would be less than three feet but they agreed to a reduction of six inches in width bringing the proposal to 9 feet 6 inches by 12 feet with a five foot variance. The applicant has submitted new plans reflecting a five foot setback. e e e ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 DRAFT 3 The Planning Commission recommends approval with a five foot setback with the porch left open and never closed, which the applicant has agreed to. Ms. Randall not~~Il<ltthe applicant does not WaJlttoJemove all oftlJeexisting structure since some is used to support the house so they want to put pilings outside of that. Because of cosmetics, they want to cover up what is underneath. Ms. Roberta Thompson, 3413 Snelling Avenue N., stated she has nothing to add to the Staff report but is available to answer questions. MOTION: Councilmember Larson moved and Councilmember Keirn seconded a motion to approve Planning Case #98-28, Mark and Roberta Thompson, 3413 Snelling Avenue North, Side Yard Setback Variance of 5 feet conditioned on the porch being left open and never enclosed. Councilmember Malone stated his concern that this is too close to the lot line. He stated he has supported other variances where people have not been impacted but he believes this will result in an impact to the ncighbor and he does not find sufficient hardship to consider approval. Councilmember Malone suggested allowing a three foot encroachment for an open structure. He noted this is an area of narrow lots which will result in an encroachment to the abutting neighbor and their ability to use their property. He restated that he does not see the required grounds to consider approval. Councilmember Aplikowski inquired regarding the location of the driveway for the neighboring property that lies to the south. Ms. Randall noted the location of the shared driveway for the applicant and abutting property and the shared driveway serving the homes to the south. Councilmember Larson stated that he lives four lots away from the applicant and the road, sewer, and water will be brought in from the south to serve his house and the house next door. Councilmember Aplikowski stated that if tbe access was from the north it would not work. Mayor Probst asked if a solution has been considered that would allow only a three foot setback. Rosemary McMonigal, McMonigal Architects representing the applicant, stated that the existing stoop needs to be rebuilt in its current condition and in that condition it does not fit the required setback as it exists today. In terms of hardship, she noted that this was discussed at great length at the Planning Commission and ranges from the extreme slope from the side entry to the side property line resulting in undermining the house footings if the stoop were to be removed. Another hardship relates to the trees which would be greatly impacted by excavations. She explained that they did make a modification to pull it back in since the Plarming Commission meeting. Councilmember Malone stated that these are mechanical considerations but not compelling enough to cause the Council to grant a variance to allow the porch to be that close to the property line. He stated that he does not see the need and believes there will be an impact to the next door ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 DRAFT 4 property. He noted that the current porch does not encroach into the three foot setback. Ms. Randall stated that is correct. e Councilmember Malone noted the revision since the Planning Commission was only to pull the porch in six inches. . Ms"-Ranaall noted the original survey and distance to the side property line. Councilmember Malone inquired regarding the east side of the porch. Ms. Randall stated that there is about a one foot difference, so it would be about six feet. Mayor Probst stated that he is inclined to support the variance request based on the hardship discussed about leaving the current stoop in place since it has footings which limit removal of the pilings, the removal of which may darnage the neighbor's trees. Mayor Probst requested that the motion include the hardship findings. Councilmembers Larson and Keirn accepted this friendly amendment to the motion. Mayor Probst stated that the hardship has to do with the grades of the site, and the only way to replace the stoop would require supporting the house which could potentially damage the trees on the neighbor's property. Councilmember Malone inquired how the house wouldn't be supported. He stated that it seems the issue is one of convenience of construction. Councilmember Aplikowski stated that she is inclined to support the request since it does not appear the property to the south will be unduly harmed. She agreed that the issue may be the convenience of construction as opposed to a hardship but she will support the application since it remains within the realm of the City's ordinance. e The motion carried (4-1 Malone). 2. Planning Case #98-32, Cardiac Pacemakers, Inc., 4100 Hamline Avenue, Site Plan Ms. Randall explained that the petitioner was requesting approval of a site plan to allow for a minor expansion of 17,520 square feet in Building B at their campus which is located at 4100 Harnline Avenue. The expansion would not be seen by adjoining parcels or the public right-of- way. The building addition meets all the required setbacks and the exterior would match the existing exterior of Building B. The site currently had 1,265 parking spaces which was 109 parking spaces more than what was required to accommodate the proposed expansion to Building B. The building meets the height, floor area ratio, and lot coverage requirements. Staff considers this a minor addition to the campus and believe it should not have an impact on the City or the adjacent properties. She advised that two issues have come up since the Plarming Commission consideration dealing with a modification to the entrance and providing a sidewalk. The new building will have an emergency exit. It Ms. Randall stated that they will also make the site more aesthetically pleasing by relocating lights and providing an entrance canopy. It was also noted that there is a fire hydrant and watermain in the area of the new structure so Staff recommends it be relocated to ten feet away e e e ARDEN HILLS CITY COUNCIL - DECEMBER 14, 1998 DRAFT 5 from the building. The Building Inspector has been in discussion with the contractor about that issue and it appears they will be relocated near the sidewalk. _11s. Randall advised that~taff recomme.llded approval of PI arming Case #98-32, Site Plan, subject to the provision of sediment and erosion control measures adjac.ent to the affected area for development, the fire hydrant be relocated to a location along the existing sidewalk per approval by Staff, and that the watermain be relocated at least 10 feet from the proposed and existing building per approval by Staff. The Planning Commission unanimously recommended approval of Planning Case #98-32, Cardiac Pacemakers, Inc., 4100 Hamline Avenue, Site Plan, subject to the recommendations indicated by Staff. Councilmember Malone noted that the neighbor expressed concern with parking since it has been overflowing into the residential area during special events. Dave Reimer, Guidant, stated that he spoke with that resident and resolved his concerns. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve Plarming Case #98-32, Cardiac Pacemakers, Inc., 4100 Hamline A venue, Site Plan, subject to the provision of sediment and erosion control measures adjacent to the affected area for development, the fire hydrant being relocated along the existing sidewalk per approval by Staff, and the watermain be relocated at least ten feet from the proposed and existing building per approval by Staff. The motion carried unanimously (5-0). 3. Planning Case #98-31, City of Arden Hills, Zoning Code Amendment Ms. Randall explained that the City of Arden Hills requested approval of an amendment to the Zoning Ordinance. The amendment would clarifY that substandard sized lots which existed prior to the adoption of the Gateway Business District (GBD) and the ordinance being created. She reviewed the properties involved which were in existence prior to the adoption of Ordinance #291. Ms. Randall noted that it also includes a provision to address lots made substandard by a governmental taking so they are exempt from the minimum size requirement of that district. Ms. Randall explained that the Gateway Business District required that single parcels have at least ten acres to be considered developable. Several parcels exist which existed prior to the development of this district that have less than the required ten acres. The proposed Code change would allow these properties to be considered developable. The Code change would also allow parcels that were reduced below the minimum size as a result of a governmental taking to be considered developable. The Code change would not allow a parcel to be subdivided below the minimum size requirement and be considered developable. Ms. Randall reviewed the suggested wording changes and advised that Staff was recommending approval of PI arming Case #98-31, Zoning Code arnendment. The Plarming Commission unanimously recommended approval of PI arming Case #98-31, City of Arden Hills, Zoning Code arnendment based on the modified language to Section V, K, 5, a, (5), (b) to read "Are substandard in size as a result of the acquisition or condemnation by a governmental entity for DRAFT ARDEN HILLS CITY COUNCIL - DECEMBER 14, 1998 6 public purpose and remain in separate ownership from adjacent lots from the date of such acquisition or condemnation." e _.Mayor Probst inquiredregardiI]gthe in!j::lact to e.xisting buildings that W.ill1tJo be modified. _ Mr. Ringwald explained that they currently have a legal non-conforming lot since they existed prior to adoption of the ordinance. He advised that the City Attorney stated that this modification would make them legal uses and that this was a way to deal with those existing properties. Mr. Ringwald noted that this will provide a level of protection to those property owners that they currently do not have. Mayor Probst stated his concern that no tiny parcels be left that could potentially become developable by this exception. Mr. Ringwald stated that he had the sarne question but the City Attorney drafted this with only these specific parcels in mind, as indicated by Ms. Randall. Councilmember Malone asked if the reason to include language regarding these parcels is that they are under separate ownership. Mr. Ringwald stated that is correct and advised that the easterly billboard for Neagele is on an eight acre parcel. However, since it is not under separate ownership from the remaining Naegele parcels, this ordinance would not provide separate buildability to that lot. MOTION: Councilmember Malone moved and Councilmember Keim seconded a motion to approve Plarming Case #98-31, City of Arden Hills Zoning Code Amendment, as presented by Staff and to direct Staff to prepare an Ordinance to be executed and published. The motion carried unanimously (5-0). e B. Resolution #98-77, Adopting the 1999-2003 Capital Improvement Plan Mr. Fritsinger explained that the Capital Improvement Plan (CIP) historically began being developed in April and May and was ratified in June by consensus at the worksession. He explained that Staff has looked at the CIP and felt additional information should be provided to help others understand what the CIP is about, how the various projects or acquisition of equipment relates to each other, and where the funding will come from. He noted the summary statement has been provided but not an in-depth packet of information as being reviewed tonight. Mr. Fritsinger requested the ratification of the summary portion which is used for planning purposes. He noted that the 1999 section is consistent with what the Council has seen throughout the budget process. Several items were moved out since the current equipment is in adequate condition and can be used. Also, some numbers have been clarified. Mr. Fritsinger stated that there is work to do on this document to make it workable for the general public but Staff wanted the Council to receive this information for review. The Council was asked to adopt Resolution #98-77 which would adopt the 1999-2003 Capital Improvement Plan. Councilmember Larson asked about a year 2000 plarmed expenditure of $1.5 million for a e maintenance facility and whether it is realistic to show this expenditure in the year 2000. Mr. Fritsinger stated that the conversations held earlier identified the year 2000 to begin construction e e e ARDEN HILLS CITY COUNCIL - DECEMBER 14, 1998 DRAFT 7 on the maintenance facility. However, due to planning delays, the numbers have been moved out. He stated that this is related to the transfer of the land from the National Guard. Mr. Fritsinger reviewed his conversation regarding maintenance of the joint facility_and advised that the National Guard indicated an interest in continuing that discussion. He noted that it is important to identifY how that will be funded and stated that he believes this cost level is realistic. Mayor Probst stated that he spent some time with Ramsey County Commissioner Bennett and believes it is clear the County is anxious to proceed and that financing is not an issue with the County. He reported that this project has risen on the County's project list. Councilmember Malone stated that he talked with Staff about the need to roll this into one piece (rather than three sections) and the idea of showing the revenue side rather than the current expenditure-only plan. He stated his concern about adopting the CIP and recommended language be included to indicate that it is being adopted in general concept and does not authorize the purchase of anything at this time. Councilmember Malone stated that there is a need to discuss these issues further and it should be clear that adoption tonight would not authorize any of these purchases. Mayor Probst complimented Staff on creating a document that will allow tracking of these issues and layout of the thought process behind it. He stated that at the Metropolitan Airports Commission, they have qualifiers in the approving resolution which basically authorizes Staff to proceed with implementation ofthe program and to start appropriate study and evaluation so, on an annual basis, the Council only approves the activities for the coming year. Councilmember Malone agreed that this is a nice packet of information but he wants it clear this is not carte blanche for purchases. Mr. Fritsinger suggested that Staff review the language being discussed. He noted that the items marked as 1999 are included in the budget, which will be presented tonight by Staff. Councilmember Aplikowski asked if the motion should indicate this is accepted as a plarming tool. Mr. Fritsinger stated that Staff understands this is a tool that is flexible and suggested the resolution be revised with that additional language. Mayor Probst stated that the advantage for the Council to take formal action is that it will set a baseline in terms of direction to Staff. He stated that he agrees the adoption language should not commit it as a five year approved plan. Councilmember Larson asked if it is appropriately acted on when the budget is adopted because then, with regard to 1999 capital improvements, the Council is committed to those that are part of the 1999 budget. Mr. Fritsinger stated that with the present process, the Council concurs with the current year CIP in June and then Staff provides an updated CIP when the budget is adopted and identifies anything that's changed since June. ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 DRAFT 8 Mayor Probst asked if all the items in the CIP for 1999 are incorporated into the budget. Mr. Fritsinger stated that is correct. e MOTION: Councilmember Malone moved and Councilmember Aplikowsl<i. seconded a motion to adopiResolution #98-77, Adopting the 1999-2003 -Capital Improvement Plan as arnended to include language that the 1999 CIP is adopted to assist with the future financial planning efforts of the City "but is adopted as a general directional plan and its adoption does not confer the automatic purchase of any ofthe items listed in the Plan." Councilmember Larson asked if the items in 1999 should be exempted since those items are contained within the 1999 budget. Councilmember Malone stated that he would like to keep that open so it can be further discussed. He stated that he does not want to give away the Council's discretion. Councilmember Larson noted tlJat the agenda includes adoption of a budget that contains that provision so it seems that the items in 1999 should be exempted. Upon the reading of the motion, Councilmember Larson withdrew his objection. Mayor Probst stated that it needs to be clear that this adoption does not commit the Council to future purchases. Staff would need to request authorization to go out for bids and the Council would have to approve all of the purchases and contracts. e Councilmember Malone stated that should something unforseen happen next year, the Council needs to maintain its discretion over the purchases, including the City Hall funding. Councilmember Aplikowski concurred and noted that is also the thought behind the budget, it is adopted as a plan but the purchases require Council approval. Councilmember Malone stated that he does not believe this will be a problem with the City's Staff but he supports preserving the Council's discretion. The motion carried unanimously (5-0). C. 1999 Utility Rates 1. Resolution #98-78, Revising Water Utility Rates effective January 1,1999 2. Resolution #98-79, Revising Sanitary Sewer Utility Rates effective January 1, 1999 3. Resolution #98-80, Revising Surface Water Management (SWM) Utility Rates effective January 1, 1999 Mr. Post explained that proposed capital outlays are significant over the ensuing years and noted . that the Council last took formal action in fue Fall of 1994 to be effective in 1995 so rates have not changed for four years. During those four years, the revenues generated have been adequate to cover operating costs, fund on-going capital outlays at a predictable level, and improve the financial condition of the enterprise funds. However, some of the demands placed on these e . e DRAFT ARDEN HILLS CITY COUNCIL - DECEMBER 14, 1998 9 utilities for future capital needs may strain those finances. Mr. Post stated that the City has been notified by the City ofRoseville ofa 3% increase in the wholesale cost of water in 1999, which matches the increase of the City's internal cost of operations and labor agreements. Also, needed .capital improvements are significant: an up siz:in..g of the waterlin~Jo.rthe West Roundl,akL.._.__ Road Phase II project, and the replacement of one-half of the residential water meters which will start in 1999. Mr. Post advised that the Metropolitan Council Environmental Services Division (MCES) has become more cost efficient and notified the City of a 5% decrease in treatment costs for 1999 and a corresponding decrease in fue year 2000 as well. He stated that MCES treatment costs reflect approximately 60% of the operating costs of the utility. The remaining 40% of the utility's operating costs will experience cost increases in the 2.0% to 3.0% range. Weighing these two factors, Staff would suggest that a 2% rate decrease would be appropriate. He reviewed the anticipated capital improvements. Mr. Post stated that one other area city has a senior rate prograrn (Roseville). The Arden Hills senior sewer rate represents a 50% reduction of the typical residential flat-rate fee. The residential base rate for 1998 is $53.95 per quarter with a senior paying $26.95 per quarter. He advised that it has been consistent that the amount of water consumption of seniors on the senior rate is close to 66% to 67% less than residential consumers. Mr. Post stated that the existing 50% senior rate reduction does not have a basis in being tied to any criteria and suggested that the arnount of reduction be tied to parallel what is being consumed and to phase in a rate increase for senior rate customers over the next three years. Then, in 2001, it will end up at a two-thirds rate which parallels consumption rates. Mr. Post stated that the surface water management utility has been able to fund its capital improvement projects but in looking at the number of streets that need to be reconstructed that do not have a sanitary sewer system, the capital demands will be increasing. Mayor Probst inquired regarding the process for adoption. He stated that he agrees with Staffs recommendations but is concerned this agenda carne out on Friday and has not allowed a process for public comments, particularly as it relates to the senior rate increase. Mr. Post stated that the past process involved a Council discussion and not necessarily a public hearing. Mayor Probst stated that he is not suggesting a formal public hearing but he believes there may be strong opinions voiced on both sides. Councilmember Aplikowski stated that her last bill was $187 and when she started it was $47. However, no one asked her how she felt out about the increases. She stated that this is a City issue based on costs, so she has a concern about singling out the seniors and allowing a different process for them. She inquired regarding the process to receive the senior rate. Mr. Post stated that it is an age (65 years of age) or disability consideration for the primary home owner. Proof of age or disability is required to start the process. Councilmember Aplikowski inquired regarding whether both residents need to be of that age. Mr. Post stated fuat only one resident needs to be of fuat age. ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 DRAFT 10 Councilmember Larson stated that he had a lengthy discussion with Mr. Post about the sanitary sewer rates and understands that there is no way to meter sewage but it is known that rate is related to water use. He stated that it seems to him that it would be worthwhile to have the Finlll1ce _Committee review this issutl. and provide recommendations for the Council to consider next year. Councilmember Larson stated that there is currently a flat rate and some residents may be subsidizing other residents. He acknowledged the issue where water use in the summer months may not be water going into the sanitary sewer system due to pools, lawn sprinkling, etc. and during the winter months residents may be away from home, including seniors. He suggested that water consumption over a nine month period be addressed to determine average consumption. Councijmember Larson suggested that all rates be addressed to bring them closer into what the consumption may actually be. . Councilmember Keirn stated her concern if the decision is delayed since it should go into effect on January 1, 1999. She stated that there is nothing that could be said to change her mind since the determination is based on costs and the recommendation on the senior rate increase is on a step basis with the full rate not occurring for three years. Mayor Probst stated that not all public agencies operate the same way and he knows some councils have to publish items on at least one agenda before the issue is acted on. He stated that Arden Hills does not do that and while he is not suggesting such a process, he believes there should be some notification to residents and an opportunity provided for them to provide comments. He stated that he does have an interest in a discussion on what the process should be _ to modifY such a significant policy. ... Councilmember Aplikowski asked ifit is being suggested to phase the senior rate increase in 2000 instead of 1999. Mayor Probst stated that rather than looking at the beginning of the first quarter it would start the beginning of the second quarter which would allow residents to be notified that the rates are being considered. Councilmember Malone asked if this is being suggested for all the rates or just the senior rate. He stated that in fue past the Council determined to review rates each year to allow for smaller increases. He noted that delaying this to the second quarter results in the loss of 25% of the revenue increase. Councilmember Malone suggested that the rate increases be considered tonight and asked if anyone is expected to testify in support of the senior rate increase. He noted that this involves one dollar per month and there is good rationale for this increase to base the rate on usage and eliminate the subsidy that is being paid. Councilmember Malone stated that the senior rate could be delayed but he wonders if anyone will change their mind based on input that could be provided. Mayor Probst stated that in the past the argument has been raised about the incentive to conserve when paying on a consumption basis as opposed to a fixed rate. He stated that he would not oppose relooking at this option since it has been four years and the City now has different billing e software. . . . ARDEN HILLS CITY COUNCIL - DECEMBER 14, J 998 DRAFT 11 Councilmember Aplikowski stated that unless the Council is undecided about what needs to be done, having people come forward to provide input and then not making any change may be political suicide since residents already think the Council does not listen. She stated that if it is necessary, the Council should just do it since they can explain the rationale. ----.-...-- ----- Mr. Post reviewed the numbers for residential and senior rate customers. Mayor Probst stated that he could be dissuaded if someone carne in and made a strong case that it should remain a flat rate. On the other hand, it would be interesting to see if any non-senior rate residents would provide input in support. He stated that there is value in communicating what is going to be done prior to it being enacted. Councilmember Larson asked if it can be approved tonight and become effective in January in the absence of any comments voiced at that meeting. Councilmember Malone noted that a three month notice is provided with a notice being stuffed in the water billing going out January 20th. MOTION: Councilmember Keirn moved and Councilmember Malone seconded a motion to adopt Resolution #98-78, Revising Water Utility Rates effective January 1,1999. The motion carried unanimously (5-0). MOTION: Councilmember Keirn moved and Councilmember Larson seconded a motion to adopt Resolution #98-79, Revising Sanitary Sewer Utility Rates effective January 1, 1999. Mayor Probst noted this effects the senior rate customers and he would like to afford discussion to pull that out pending further notification. Mr. Post reviewed the annual revenue implication, advising there would be a net reduction of $3,328. Councijmember Malone stated that if the Council does not increase the senior rate then the residential rate will need to stay about the sarne. Mr. Post stated that this is correct. Councilmember Malone noted the revenue needs to be generated so that results in the residential customers' rate needing to remain the sarne. Motion carried (3-2 Malone and Probst). MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-80, Revising Surface Water Management (SWM) Utility Rates effective January 1, 1999, correcting the residential service rate to $4.08 per lot. The motion carried unanimously (5-0). MOTION: Councilmember Larson moved and Councilmember Keirn seconded a motion to direct Staff and the Finance Committee to review the method of setting sanitary DRAFT ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 12 sewer utility rates and provide a recommendation to the Council based on the . consumption issue. The motion carried unanimously (5-0). D. _ Resolution #98-75, ClarifYing Final Sums of Money to be Levied for Levy Year -- -----..----.. ..-.. 1998, Payable in 1999 Mr. Post stated that at the Truth in Taxation meeting the Council reviewed the proposed budget and levy and indicated it was comfortable with the proposed levy which represented a 3.20% increase over the payable 1998 levy. The Council has not acted to adopt the 1999 budget but if they do so in regard to the General Fund, Staff recommends the Council adopt Resolution #98-75 which would clarify final sums of money to be levied for levy year 1998, payable in 1999. The Council reviewed the proposed levy at the December 7,1998 Truth in Taxation hearing and did not request any significant changes. As a result, the net levy, after HACA, is proposed at $1,923,937. MOTION: Councilmember Larson moved and Councilmember Keirn seconded a motion to adopt Resolution #98-75, ClarifYing Final Sums of Money to be Levied for Levy Year 1998, Payable in 1999. The motion carried unanimously (5-0). E. Resolution #98-76, Adopting the 1999 Budget Mr. Post stated that the Council was asked to adopt Resolution #98-76 which would adopt the 1999 Budget which was revised based on Council input from the past several months. He noted the bench handout including summary information and salary allocation changes. Mr. Post stated the General Fund, in terms of expenditures, is up about $20,000 as is the corresponding revenue. The other major expenditure change, based on direction by Council, is a subcontracted part-time building inspector funded through increased building permit fee revenues. Mr. Post noted that the resolution details revenues and expenditures by fund type. e MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-76, Adopting the 1999 Budget. Councilmember Larson asked if the $14,000 Fire Department capital expenditure discussed previously is in the budget. Mr. Post stated that it is not in the budget. The motion carried unaIJimously (5-0). F. Resolution #98-73, Reapportionment of Assessments Mr. Post stated that this action is in resolution form as required by Rarnsey County. He explained that it addresses the two remaining assessments from Plat Division #DH 066501 since two property owners have acquired additional square footage and obtained new PIN numbers. The Council was asked to adopt Resolution #98-73 which would reapportion assessments related . to Improvement No. 98RECON5YR. Councilmember Malone asked where the additional square footage carne from. Mr. Post stated his understanding that it was an island of landlocked property which was acquired. , e e e ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 DRAFT 13 MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to adopt Resolution #98-73, Reappointment of Assessments. The motion carried unanimously (5-0). G. Pay Estimate #7 and Change Order #4, Lametti & Sons, Gateway Business District Mr. Brown stated that BR W and Lametti & Sons have been negotiating the details ofthe change order over the past several months. Some of the change order items resulted earlier this year but were not items specifically included in the contract and were negotiated on a time and materials basis. This was tracked and Larnetti' s submittal of costs were negotiated to come to a mutual agreement on what was suitable for the work performed. This change order addresses storm water pond relocation, acquisition and excavation of the pond's new site, and an additional storm water run to the MnJDOT ditch. He advised that the pond is now located under the power lines as opposed to the center of the lot. It also includes extension of a 12 inch watermain from the end of the cul-de-sac to a point 500 feet east, hydrant relocation, small lateral watermain extensions, sanitary sewer work resulting from an unforseen condition at the south end of 13th Street where the existing main was lower than the downstrearn manbole by eight inches to one foot, replacement of an existing eight inch watermain lead which should be reimbursed by Welsh Company, poor soil excavation, and importing suitable soils. Mr. Brown stated that he feels the prices negotiated with Larnetti were generally competitive and he recommends the Council approve Pay Estimate #7 to Lametti and Sons in the amount of $208,796.54 for work in the Gateway Business District. Change Order #4 included additional work for the stormwater pond, watermain, sanitary sewer, and soil corrections and totals $182,973.53. He noted aretainage of 2% will be held. Mayor Probst asked if the costs of replacing the existing eight inch watermain lead will be recovered from the Welsh Company. Mr. Brown stated that the Welsh Company is aware of it and it is expected that all but $500 or so would be reimbursed. Mayor Probst asked if it has been confirmed that the City is not duplicating aIlY payment for soil corrections. Mr. Brown stated that this is correct and has been confirmed by painstaking review. He advised of negotiations which occurred that resulted in lower costs for this work. Mr. Brown advised that additional bills from the contractors' subcontractors were submitted but they were modified and reduced after discussion. Mayor Probst asked if the Council will receive a statement that upon execution of this the City is not subject to additional claims. Mr. Brown stated that this can be added and he does not think it will be a problem. He noted that the contractor will have to provide lien waivers from all subcontractors. Mayor Probst asked whether Staff thinks it would be appropriate to have discussion with the City's former City Engineer since this includes a number of items that were discoverable before the proj ect proceeded and about 60% of the contract is in change orders. Mr. Fritsinger stated that based on his work with the Midwest case and those conversations, one of the things that was very clear when the City transitioned from the previous engineering firm to BRW was that Howard Green made some assurances that the City reviewed the plans and ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 D""". fl F.r' : J h'( Jo'~ 14 I specifications and signed off on them. In this case, the City was having a difficult time getting e the plans and probably covered that part of the equation but he thinks there should be some conversation with the City's attorney to verifY that point. He stated that attempting to get any reimbursement from them is in doubt. Councilmember Malone stated that he shares the Mayor's frustration about the increasing project and costs. Mr. Fritsinger commented on the issues that resulted in the increased costs including property acquisition, soil corrections, road work, etc. He stated that some issues are clearly design issues but others came up as the project proceeded and at the request ofthe developer. Councilmember Larson stated that when he looked at this accumulated amount he found it was 60% more than believed it would be. He asked what Change Order #2 is for. Mr. Brown stated that involved building the roadway, import of soils, and earthwork. It also included some costs to pulverize fue foundations that were found. Councilmember Keirn suggested a letter be sent to Howard Green about the additional costs that were incurred. MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to approve Change Order #4 in the arnount of$182,973.53 to Lametti & Sons, Inc. for the Gateway Business District. The motion carried unanimously (5-0). e MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to approve Pay Estimate #7 in the arnount of $208,796.54, to Larnetti & Sons, Inc. for the Gateway Business District with a retainage of 2% being held until the bituminous repair work is completed. The motion carried unanimously (5-0). H. Resolution #98-74, Commending Susan Keim for Her Years of Service to the City of Arden Hills Mayor Probst read in full Resolution #98-74 commending Susan Keirn for her years of service to the City of Arden Hills. He extended his personal appreciation to Councilmember Keirn for her service to the City. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adopt Resolution #98-74, Commending Susan Keirn for Her Years of Service to the City of Arden Hills. The motion carried (4-0-1 Keirn). I. Cancellation of December 21st and December 28th Meetings Mr. Fritsinger stated that the Council was asked to formally cancel the December 21,1998 worksession and the December 28, 1998 regular Council meeting. It was noted that the next regular meeting would be on January 4, 1999. He advised that this is subject to change depending on what happens with fue Indykiewicz property. e , e e e ARDEN HILLS CITY COUNCIL - DECEMBER 14, 1998 D."C..C'.C~. ~....,..c.,- .-.. c, " ' ,. . ~ ;; . '-' l~'~ I~; fl I 15 MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to cancel the Council meetings of December 21, 1998 and December 28, 1998. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Fritsinger noted that the Council was provided with the layout ofthe Council Chamber design and Staff is requesting their comments and suggestions. Councilmember Malone asked why the Council Charnber walls are sloped. Mr. Fritsinger stated that deals with sight lines and ability to have brochures and other materials on display. It also deals with the suspended ceiling and providing security into the office areas. Councilmember Malone stated his frustration at the classic line-up of offices along the outside walls and his preference for the offices to be located to fue inside. Mr. Fritsinger advised that Corporate Express has put a Santa Claus on the roof of their building as they have been doing since 1971. He advised that it is a violation of the Sign Ordinance. Staff did talk with them about removing it and they mentioned it has been done since 1971. Mayor Probst asked if a complaint was received. Mr. Fritsinger stated that a complaint was not received and advised of other requests received but denied to place inflatable figures on rooftops. Councilmember Keirn stated that this figure is not an advertisement. Councilmember Malone commented on the problem with establishing a precedent. Mayor Probst asked where you "draw the line" if Christmas lights or other holiday decorations are displayed. Councilmember Malone suggested that they be sent a letter notifYing them that the Santa Claus can remain this year but must be not used after the year 2000. He noted that this will provide them with some notice. COUNCIL COMMENTS Councilmember Malone notified the Council that the Fire Department is likely to increase their pension. The current pay is $24 per year of service per month for the rest of their lives starting at age 50. He advised that it may be increased to $25 - $26 dollars. Mr. Fritsinger stated that the City Attorney did clarifY the language relating the Fire Department actuary which he will provide to the Council. Mayor Probst asked if the City can reduce their contribution. Councilmember Malone stated that their pay per month and lump sum payment arnounts have increased substantially and when benefits are increased they are increased to all. ARDEN HILLS CITY COUNCIL - DECEMBER 14,1998 DRAFT 16 Councilmember Aplikowski requested that the next newsletter include mention of the awards received by Megan Ricke and Tracy Petersen. With regard to the Council Chamber plan, she stated that she has no objection but wondered about the positioning of the Council benches. Mr. Fritsinger advised that the benches will be shifted toward the center of the wall. Mayor Probst stated that the Council did publicly recognize Tracy Petersen and he wants to also recognize Megan Ricke. Councilmember Keirn advised that the Parks and Recreation Commission reviewed the plans for Bethel College and found some neighbors are very opposed to the project. She also reported on the meeting of the Northwest Youth and Farnily Services and Business Relations Committee and advised that they are looking at different ideas for 1999 with their next meeting the beginning of February. Councilmember Keirn thanked all for their time and patience in working with her while she served as Councilmember. Mayor Probst stated that it has been a pleasure serving with Councilmember Keirn. ADJOURN MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:49 p.m. The motion carried unanimously (5- 0). Dennis Probst Mayor Brian Fritsinger City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, January 4, 1999 at 7:30 p.m. at the Arden Hills Council Charnbers. 1 " I.! , e e e ~l .- e MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING JANUARY 4, 1999 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERfROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:32 p.m. Present: Mayor Dennis Probst, Councilmembers Gregg Larson, Beverly Aplikowski, Paul Malone and Lois Rem. Absent: None. Also present were City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; City Accountant, Terrance Post; and Recording Secretary, Lori Rolfson. ADOPT AGENDA e Mr. Fritsinger noted the Oath of Office is to be administered to Mayor Probst as well, due to his reelection in 1998, and suggested that this action be added to the agenda. Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the January 4, 1999, regular City Council meeting, as corrected. The motion carried unanimously (5-0). MOTION: OATH OF OFFICE Mayor Probst administered the Oath of Office to the following individuals: . Dennis Probst, Mayor . Gregg Larson and Lois Rem, Councilmembers . Brian Fritsinger, City Clerk/Administrator . Terrance Post, City Treasurer CONSENT CALENDAR A. B. C. D. e E. F. Claims and Payroll 1999 Business and Rubbish License Renewals Resolution #99-01, Designating Depositories and Corporate Authorization Resolution #99-02, Designating Additional Money Market Depositories for Investment Purposes Resolution #99-03, Designating Brokerage Firms for Investment in Financial Instruments Authorized by State Statute Consistent with City Investment Policy Resolution #99-04, Transfer of Funds by Telephonic Instructions . ARDEN HILLS CITY COUNCIL - JANUARY 4, 1999 2 J e G. H. I. Regular Employee Status, Sandra Berres Probationary Appointment, Parks Maintenance Worker, Scott Freyberger Internal Revenue Service (IRS) Mileage Reimbursement Rate Councilmember Malone referred to Staffs suggestion for the Council to make the change to the IRS mileage reimbursement rate and automatic adjustment on an annual basis. He noted the Council typically makes a formal motion each year for this adjustment and suggested the process continue in this manner. Mr. Fritsinger concurred. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to approve the Consent Calendar, with the elimination ofthe suggestion that the City Council automatically adjust the IRS mileage reimbursement rate on an annual basis, and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. UNFINISHED AND NEW BUSINESS e A. Appointment of Acting Mayor, Council Liaisons, Professional Consultants and others for 1999 B. Appointment of Planning Commission Members Mayor Probst noted that, under the list of PI arming Commission members, Mr. Gregg Larson's name should be replaced with Mr. Stephen Baker. Mayor Probst confirmed that the only change from last year is the appointment of Councilmember Aplikowski as Acting Mayor. Mr. Fritsinger concurred. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to ratifY the City appointments for 1999, as corrected. The motion carried unanimously (5-0). Mayor Probst suggested that the Council discuss the issue of Council Liaison appointments. Mayor Probst stated that he had spoken with two Councilmembers and Mr. Fritsinger regarding these changes and, if the changes are in line with the Councilmembers interest, the Council may consider taking a formal action with regard to these appointments. Mayor Probst noted for the record that Councilmember Rem had been serving on the RAB Committee and is anticipating continuing to serve in this capacity which represents another assignment for her. . , ARDEN HILLS CITY COUNCIL - JANUARY 4, 1999 ~ -' e MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to ratifY the Mayor's recommendations for Committee Liaisons appointments for 1999. The motion carried unanimously (5-0). Mayor Probst suggested that a letter be sent to existing Committee members to remind them of the change in appointment period to run from March to March each year to coincide with the armual retreats. The exception to this change is the Planning Commission whose appointments will continue to run from the beginning to the end of the calendar year. Mayor Probst also suggested that, at the City Council Worksession on January 11, 1999, the Council discuss the appointments of the individuals who have expressed an interest, through the survey circulated in the December utility billing, in joining the various Committees. C. Resolution #99-05, 1999 Pay Plan (Employee Insurance - Maximum Contribution) Mr. Fritsinger explained the City Council historically has arnended its Pay Plan at the last Council meeting of the previous year, or at the first meeting of the new year. Mr. Fritsinger stated that the Pay Plan presented in the agenda packet represented the figures which were utilized as part of the budgeting process for 1999. e Mr. Fritsinger stated that the Pay Plan includes a 3% increase in base pay which resulted in a shift in the six-step plan. This increase corresponds to the approved contract with the Local 49, which the Council adopted in 1998. The contract approved a 3% increase in base pay for the years 1999 and 2000. The contract also included an additional $10 per month to be contributed to the health and dental insurance premiums. As part of this resolution, Staff is requesting that the additional $10 per month also be provided to the remainder of the City Staff. Mr. Fritsinger stated one change, resulting from the reorganizations throughout the last year, was that the Parks and Recreation Director position had been reinserted into the Pay Plan for 1999. In doing so, Staff evaluated the Pay Plan against the State of Minnesota Pay Equity requirements. It appears that the proposed Pay Plan is in compliance with these requirements. An additional change in the Pay Plan is duty changes for the Assistant to the City Administrator position related to some supervisory requirements. Additionally, there would be management changes in the City Administrator position. The points for this position have been adjusted up with an allocation related to the pay. Mr. Fritsinger noted that, with the $10 per month increase, fue City would contribute $330 per month towards health and dental insurance in 1999. Mr. Fritsinger advised that Staff recommends the City Council adopt Resolution #99-05, identifying the 1999 Pay Plan. e Mayor Probst asked if the cost of the shift in the Pay Plan was anticipated. Mr. Fritsinger stated that it had been. ARDEN HILLS CITY COUNCIL - JANUARY 4,1999 4 ,. Councilmember Larson asked Mr. Fritsinger to explain the City's pay equity system. Mr. tit Fritsinger explained that the State of Minnesota requires each of the jurisdictions which it oversees to have a pay plan which ensures that all Staff, regardless of their gender, be paid on an equal basis. In the late 1980's the City of Arden Hills evaluated each position and attributed a certain number of points based upon the responsibilities of each position within the City Staff. This point system resulted in the step-plan as presented in the agenda packet. Mr. Fritsinger explained that, approximately five years ago, the City, along with Personnel Decisions, Inc., reevaluated the point structure. This involved creating a time-spent profile which evaluated how much time an employee spends performing certain tasks. Under this system is a scoring method for the types of work performed by the employees which equates back to a number of points. Typically under this prograrn, the more supervisory and management responsibilities a position has, the higher the point total would be. Mayor Probst asked if the City is required by law to be in compliance with State's requirements. Mr. Fritsinger indicated that this is correct. He noted that the City last submitted compliance to the State of Minnesota in 1997 and the next report will be due in the year 2000. Councilmember Larson requested confirmation that the points are proportional to the salaries. Mr. Fritsinger stated that to some extent this is the case. He indicated that there is a regression analysis for the Pay Plan which shows how the pay relates to the points. If comparing the City Receptionist position versus the City Manager position, it would not be a dollar-for-dollar comparison based on points. e Councilmember Larson asked if the intent is for there to be a direct relationship between the pay equity points and the salary. Mr. Fritsinger stated that it is not a direct, dollar-for-dollar point system. Councilmember Larson asked if this is what the City is to be striving for. Mr. Fritsinger stated that what the City is striving for is to ensure the gender issue is balanced in relation to the pay, based on a level of responsibility for each position. Councilmember Malone commented that the original plan was for the points to be independent functions of the job. There had been a situation where the outside Public Works employees were being paid more than the equivalent inside jobs which were female dominated. Councilmember Malone stated a great deal of work had been put into obtaining a perfect correlation between the job responsibilities and points. However, when the State of Minnesota' s pay equity prograrn was added, the City's Pay Plan was not in compliance. The State has a system which does more than relate pay to the position, it also considers gender in the position. Therefore, if there is an area which tends to be male dominated, it will not be in compliance, even if the pay is exactly in line. Mr. Fritsinger noted that the last time the City was out of compliance was when there had been a Community Services Officer (CSO) position, the lowest paying job in the City, filled by a male. When this position was eliminated, it caused the City to be out of compliance. Because the City of Arden Hills Pay Plan is so compressed, any change within the organization causes a shift in _ compliance. When the Parks and Recreation Director position was added back into fue prograrn .- model, at first it caused the prograrn to be out of compliance because the salary had not been adjusted. . e tit tit ARDEN HILLS CITY COUNCIL - JANUARY 4, 1999 5 Councilmember Larson confirmed that the points are based on a State of Minnesota formula which takes gender into consideration. Mr. Fritsinger agreed. Councilmember Malone noted for clarification that although the Pay Plan is set up as a six-step process, this does not mean an employee is eligible for a pay raise every year. The pay raises are based on job performance, not length of service. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #99-05, IdentifYing the 1999 Pay Plan, including an increase of$IO per month toward monthly insurance premiums. The motion carried unanimously (5-0). D. Resolution #99-06, Approving Bingo Hall License Renewal Application, Pot 0' Gold Bingo Mr. Post explained that the action before the City Council is an application for a bingo hall license renewal from the Pot 0' Gold bingo hall for the period from June 1, 1999 to May 31, 2000. Upon reviewing the application packet and the incident log from the Rarnsey County Sheriff s Department, Staff had found no reason not to endorse the application. Mr. Post stated that the reason the application is being presented to the Council so early is due to the fact that the applicant, Ms. Goldie Siedow, will be out of the country during the time the renewal application would normally have been submitted. Mr. Post advised that Staff recommends the Council consider adopting Resolution #99-06, Approving Bingo Hall License Renewal Application, Pot 0' Gold Bingo. Councilmember Larson asked Ms. Siedow if she had given any consideration to changes or improvements to the exterior of the bingo hall. Ms. Siedow stated that she had been modernizing the bingo hall ever since taking over its operation. These improvements have included new windows and paint. Councilmember Larson asked Ms. Siedow how long she had been managing the bingo hall. Ms. Siedow stated that she took over operations approximately five years ago. Councilmember Larson asked if there are any other plans for improvements to the exterior of the bingo hall at this time, such as maintenance. Ms. Siedow stated that she has maintenance people who take care of the outside of the building. Councilmember Aplikowski asked if the traffic issue at the bingo hall had been resolved. Mr. Post explained that at the time of the previous license renewal application, the issue of traffic was brought up by neighboring businesses. The primary problem had been that when the bingo sessions ended, the traffic would cause a back up at the McDonald's Restaurant next door. The action which took place to resolve this issue was that an armouncement would be made at the end of each bingo session requesting the people to be courteous when leaving the parking lot. Mr. Post stated that he is not aware of any current complaints from the neighboring businesses with regard to the bingo hall traffic. ARDEN HILLS CITY COUNCIL - JANUARY 4, 1999 6 . MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #99-06, Approving Bingo Hall License Renewal Application, Pot 0' Gold Bingo. . Councilmember Larson stated that considering the efforts the City has put in to improving the quality of the industrial park and commercial area, he would hope that the bingo hall owner would consider bringing the exterior of the building up to that of the others in the area. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Fritsinger stated that for Councilmembers Larson and Rem, information had been provided regarding the Newly Elected Official Workshop in JaIJUary 1999. He noted that Councilmember Rem had pointed out that the Workshop is scheduled for the sarne weekend as the Town Hall meeting. Mr. Fritsinger stated that he had spoken with the architect for the new City Hall and there is a request for the Council's City Hall Subcommittee to meet again within the next two weeks. Mr. Fritsinger stated that on Thursday, January 7,1999 at 7:00 p.m., the Parks and Recreation Commission will be having their second discussion ofthe proposed park with Bethel College. . Mr. Fritsinger indicated that he expects the meeting to have a large attendance and that it should be quite interesting. Mr. Fritsinger stated, for clarification, that the City Council meeting scheduled for Monday, January 11, 1999 will be a Council Worksession which will begin at 4:45 p.m. COUNCIL COMMENTS Councilmember Larson referred to the Consent Calendar Resolution #99-02, and asked Mr. Post if this Resolution is intended to limit the City's investments to those three investment funds listed in the Resolution. Mr. Post stated that this is correct, in terms of money market depositories. Councilmember Larson asked if the City is able to invest in other types of instruments besides the three listed funds. Mr. Post indicated that the City has an investment policy which allows the City to invest in certain short-term funds in anticipation of major capital projects and calls for a maximum investment duration of five years. Councilmember Larson requested an explanation as to why Resolution #99-02 singles out three particular funds while Resolution #99-03 authorizes the City to designate brokerage firms for investments. He stated that if there are other investments the City is allowed to make through the _ brokerage firms, it was not clear to him why there is a separate Resolution which singles out .. money market investments. Mr. Post explained that the money market funds act as cash equivalents. The funds have the attributes of a checking account in terms of the ability to liquidate the funds. e . e ARDEN HILLS CITY COUNCIL - JANUARY 4, 1999 7 Councilmember Larson referred to the Administrator Comments in the Staff report and asked for further explanation of the issue of response time from the Ramsey County Sheriff's Department. Mr. Fritsinger explained that over the last few months there had been a number of complaints from a variety of residents regarding the response time that the Sheriff's Department had been given to certain complaints. The responses have varied from no response at all for parking complaints, to three to four phone calls having to be made regarding a barking dog complaint. Councilmember Larson asked if any of the complaints were regarding emergency situations. Mr. Fritsinger stated that they were not, they strictly have been minor issues. Councilmember Malone stated that the Fire Department will hold its armual meeting on Saturday, January 9, 1999 and noted that they have had a very good investment year. Councilmember Aplikowski extended her congratulations to Mayor Probst for having been elected President of the I35W Corridor Coalition. Mayor Probst noted that there are a number of abatement issues which are unresolved and asked if Staff is comfortable with the status ofthese abatements. Mr. Ringwald stated that, regarding the issue at 3171/3183 Lexington A venue, he had been informed that the remnant structure will be torn down on Tuesday, January 5, 1999. Mr. Ringwald indicated the Lake Lane property continues to be an issue. He stated that he feels comfortable that the potential owner would do the required upgrades. However, they are experiencing some difficulties closing the sale. Mr. Ringwald indicated that, at the January 25, 1999 City Council meeting, he anticipates there will be a resolution requesting authorization for abatement of this property to ensure the issue does not continue to drag on any longer. Mr. Post stated that, with regard to the Lake Lane property, he spoke with the property owner and was assured that the closing occurred on Thursday, December 31,1998. Mayor Probst stated that the January meeting for the I35W Corridor Coalition will be Tuesday, January 12, 1999 at 5:30 p.m. at the Roseville City Hall. He indicated the presentation of the GIS system is scheduled to be the first item on the agenda and should last approximately one hour. Mayor Probst requested the Council's consent to have Staff to do some legal research regarding towers to ensure the Council has a good understanding of their situation before the Fox 29 tower issue comes to a head. Mr. Ringwald stated that if the Council is considering any changes in the ordinance, this would be the time to place a moratorium. Mayor Probst asked if Staff is anticipating action being taken on this issue soon. Mr. Fritsinger explained that the tower representatives had expressed an interest in submitting an application as soon as possible. Mr. Fritsinger stated that Staff is meeting with the Fox 29 tower representatives on Friday, January 8, 1999 and indicated that he is not sure whether or not an application will be presented at the meeting. ARDEN HILLS CITY COUNCIL - JANUARY 4,1999 8 Councilmember Malone stated that the tower issue will be difficult for the City to handle. The . City cannot simply say no, as the tower is permissible under a special use permit which will make the construction of the proposed tower difficult to fight. He indicated that the burden is on the City to demonstrate why the tower is not acceptable and the FCC has limited what the City can use as an argument. Councilmember Aplikowski asked if the plan is still to build the tower on the Vaughan property. Mr. Fritsinger stated that this is still a consideration. Councilmember Aplikowski indicated that in speaking with the Fox 29 individuals, they plan to expend a great deal of money in order to construct a tower which will not fall over which eliminates this as an argument for the City. Councilmember Malone noted that the property under consideration for the tower is one of the highest regions in the metro area. He indicated that the original proposal was to construct the tower at the Arsenal site. He suggested that the City may want to reconsider this option as it would preserve the land under the tower. Mayor Probst stated that it is his understanding, with regard to cell phone towers, the "hands" of the local cities are tied in terms of what can be done to prevent new towers. He stated that he is not sure if the situation is the same for broadcast towers or not. For these reasons, he felt that it would be important for the Council to research what they can and carmot do. Councilmember Larson stated that he would be interested in finding out more about the - suggestion of a moratorium. He asked if this would give the Council time to consider the issue .. further and if the City is limited in the amount of time it can take to consider the application. Mr. Ringwald stated that there would have to be an issue with the current ordinance that the City would want to change which is why he suggested a moratorium. The time limit is generally a one-year period which can be extended under certain circumstances. The City would be required to have a good, sound reason as to why it would want to change the ordinance at this time, such as something not being addressed in the current ordinance which the City would want addressed. Councilmember Larson asked if Staff sees any short comings in the current ordinance which could be changed or strengthened. Mr. Ringwald stated that under the current special use permit, the City is limited in its review authority with regard to public health, safety and welfare. Under a special use permit the City does have the ability to provide statistics on items such a ice darnage and how it could effect adjacent properties. Councilmember Larson asked what district the special use permit is for. Mr. Ringwald stated that it is the Gateway Business District. Councilmember Larson requested confirmation that this is the only district within Arden Hills with this special use. Mr. Ringwald stated that he was not certain and would have to research this question. e . e e e ARDEN HILLS CITY COUNCIL - JANUARY 4,1999 9 Mayor Probst stated that rather than taking a preemptive action to do a moratorium he would feel more comfortable with this issue ifhe knew the actual status in order for the Council to attempt to take a more informed decision on what would be the appropriate action. He stated that although there is the possibility of the application coming in prior to the Council taking a formal action he would hope that, by having this conversation on record, the Council has demonstrated its concerned interest. If the Council would choose to take the path of a moratorium, perhaps as early as January 25,1999, and an application came in before that time, he would not feel comfortable with the Council's position had action been taken subsequent to this discussion. Mr. Fritsinger suggested that Staff could speak with the City Attorney and gather some information for the Worksession next week. He stated that prior to the Worksession Staff will have met with the tower representatives one more time and there may be additional information available at that time. Staff would also provide information from the zoning ordnance at the Worksession. Mayor Probst asked if it would be possible to gather information from Shoreview regarding the height of their tower, how much space is actually required, and any problems they may have encountered. Mr. Fritsinger stated he will try to have City Attorney Filla attend the Worksession next week. He indicated that Mr. Filla has been working with Shoreview as the City Attorney for quite a while and he is farniliar with the agreements and problems they have experienced. Councilmember Larson indicated that, in reading through the information provided in past meeting packets, there seems to be a great deal of difficulty in denying the construction of new towers, even if there is a warraIlted reason to oppose it. He noted, however, that in a recent meeting packet there had been legal material which indicated that some cities have successfully fought towers. Councilmember Larson stated that his primary concern is recognizing that Arden Hills is an area which is attractive because it is high and because of flight patterns. He wondered when the City can say enough is enough. He noted that there are already six towers within the cities of Arden Hills and Shoreview. Mr. Ringwald stated that one thing to consider is what the opportunities would be to put other antennas on the new tower to reduce the number of towers. Mr. Fritsinger noted that, in this situation, the proposal would be to take some antennas used by MnDOT, the National Guard and the City and put them all onto one tower. He indicated that, at this point, there is no indication of how this may work. Councijmember Larson stated that one concern he had would be failure to take action in advance of the application being submitted. If, at some point, the Council decides that moratorium would be appropriate action, and the application had already been filed, it would be difficult to prevail. He wondered if there is something more that could be done at this meeting, such as a formal action to have Staff research what may be the implications of considering a moratorium. Therefore, if the Council chose to take this route in future, the Council will have taken some sort of action which leaves the option open, without saying what the Council will or wants to do. ARDEN HILLS CITY COUNCIL - JANUARY 4,1999 10 . Mayor Probst agreed that the Council could formally make a motion which would direct Staff to e research information regarding the establishment of a moratorium. Mayor Probst indicated that he had been clear in the past that, not only would he not want more towers, but he would prefer if some existing towers where removed. He also indicated, if the situation results in the new tower being constructed, he would be want to have information regarding the different types of towers available and ifthe City would have the ability to direct the type of tower to be built. Mayor Probst noted that there had been a proposal several years ago from Channel 41 to build a tower. At that time, Channel 41 had been proposing a self-supporting system. If the City had the option to chose the type of tower to be built, the applicant would then have to decide whether or not to construct it. Mayor Probst stated that it would be appropriate to explore these options and perhaps make it a part of the formal action. Additionally, the expiration of a moratorium should be researched. Councilmember Malone concurred with the Mayor's suggestions and noted that he does not know of many people who are farniliar with broadcasting rules. Mr. Craig Wilson, 1677 West County Road F, stated that he too is concerned about the proposed tower. He indicated that he already suffers from radio interference now, and he has had to put filters on his telephone lines to block out talk radio interference. I-Ie stated that he believes these filters are preventing him from getting DSL access and he expressed his concern for more interference from the proposed tower. e Mr. Wilson suggested that, if the tower is built, the City may want to consider getting space on it, even if there is not a need at this time. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to direct Staff to look at technological and site alternatives to the location of radio towers within the City of Arden Hills and to direct Staff to research the implications of the City declaring a moratorium while it takes time to study the issue further. Councilmember Aplikowski expressed her concern for the direction toward a moratorium. She stated that she would not want this option heavily weighed aIJd would want the opportunity to assess the good and the bad of this option. Councilmember Rem stated she feels it is appropriate to have moratorium information part of what is being requested. She indicated, however, that she would prefer a more open-ended informational request for other alternatives and how New Brighton and Shorevieware dealing with these issues. She added for clarification that moratorium is being considered as an option but is not the goal of the motion. The motion carried unanimously (5-0). . e e e ARDEN HILLS CITY COUNCIL - JANUARY 4, 1999 11 ADJOURN MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to adjourn the meeting at 8:35 p.m. The motion carried unanimously (5-0). Dennis Probst Mayor Brian Fritsinger City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, January 25, 1999 at 7:30 p.m. at the Arden Hills Council Charnbers. . . . DRAFT MINUTES CITY OF ARDEN HILLS, MINNESOTA WORKSESSION MONDAY, JANUARY 11, 1999 4:45 P.M. - CITY HALL, 4364 WEST ROUND LAKE ROAD CALL TO ORDER Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the City Council Worksession at 4:58 p.m. Present were Councilmembers Beverly Aplikowski, Gregg Larson, Paul Malone, and Lois Rem; City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; and Administrative Secretary, Sheila Stowell. DISCUSSION ITEMS a. Fox 29 Tower Discussion Mr. Ringwald and Mr. Fritsinger reviewed the status of the Fox 29 Tower request, and sought further direction from the City Council. Mr. Ringwald advised Councilmembers that the Fox 29 group was in the process of preparing a Purchase Agreement for the Vaughan property in the Gateway Business District for the purpose of erecting a 1500 foot communications tower, including a 20 - 30,000 square foot accessory building for equipment. The company was not anticipating on-site employees, therefore creating no major traffic volume; and the future construction of a studio on the site was apparently no longer being considered. Mr. Ringwald stated that he and Mr. Fritsinger had made extensive inquiries during the last several meetings with company owners and managers in addressing a variety of City concerns; specifically public safety from ice build up, impacts on adjoining property values; and negative impacts on future development. Staff had requested company representatives to provide additional information to the City, in addition to a thorough review of the City of Shoreview' s building records for a historical perspective of ice darnage data, negative impacts on development in the area; property appraisals, etc. It was staffs opinion that, while the firm would like to obtain a site on TCAAP, they were willing to develop the Vaughan site as an alternative. Conversations between staff and TCAAP representatives indicated no additional conversations had taken place with TCAAP officials. Staff will be conducting an independent investigation of City of Shoreview building records, as well as working with City Attorney Filla on the City of Arden Hills' existing ordinance and original intent as it relates to specific heights; applicable federal legislation that may supercede municipal ordinances; a replication of the City's ordinance history with any Special Use Permit issuances; review of the City of Shoreview tower farm contract; the various options available to the City; and the possible consideration of a moratorium. . DRAFT ARDEN HILLS CITY Co{ JNCIL WORKSESSION - JANUARY 11. 1999 2 . Other items of discussion included, potential loss of City revenue; Shoreview tower farm capacity; Arden Hills residents' access to Channel 29; existing towers within fue City (Vaughan site and MnDOT); pending assessments; future property uses for school expansion if the MnDOT site consolidated with the Fox 29 tower; strobe light concerns; potential consultant needs for research; aesthetics; proximity to trails; insurance liability rarnifications; and other strategies. Mr. Fritsinger advised Councilmembers that the firm was targeting the March Planning Commission meeting for submittal of their application, and that the City appeared to have two options; location of the tower on the TCAAP site or the Vaughan property. Staff was directed to continue working with City Attorney Filla on investigating the proposed tower and site, and provide a recommendation to the Council on available options as soon as possible and various rarnifications of those options. Staff was also directed to prepare a press release regarding this proposal. b. West Round Lake Road. Phase II Alternates The City Council had previously discussed the design of the Phase II West Round Lake Road project. At that time, the Council had voted against a project that included full medians, but . expressed an interest in other options. Greg Brown, Consulting Engineer and GralJam Sones, Landscape Architect, from BRW, Inc. were in attendance to present four alternates for further discussion. Mr. Brown reviewed the four alternates, their associated costs and arnenities, and clarified various questions and comments of the Council. The four options considered were: . Forty-four (44) foot roadway with 12 foot median and 16 foot lanes . Fifty (50) foot roadway with 18 foot median and 16 foot lanes . Forty-four (44) foot roadway with flush, decorative paved median and 16 foot lanes . Forty-four (44) foot roadway with no median (center lane) and 16 foot lanes Mr. Brown and Mr. Fritsinger clarified that the cost estimates did not include landscaping, top soil, lighting, irrigation, or trees and shrubs; only the infrastructure costs were provided. Cost estimates for the landscaping (plant materials only) were $5,000 per median for a minimal approach, or $26 - 30,000 for the entire project. Further discussion included lighting options; estimated cost of cold in place recycling; pending assessments and funding availability; overhead power lines; freeway location; character of entire roadway; and its affect on the rest of the development. . . e e e DRAFT ARDEN HILLS CITY COUNCIL WORKSESSI0N - JANUARY 11. 1999 3 It was the consensus of the Council that more arnenities be provided at the entrances and the Phase 11 project be tabled until further development occurs in the area, with cold in place recycling being done on the portion of the road that needed work the most to avoid further deterioration. c. Final Town Hall Meeting Plans Mr. Fritsinger briefly reviewed those items that are intended to be utilized at this year's Town Hall meeting, including advertising; consulting agency invitation list; prograrns; Philosophy Statement, and other items. The Council was asked to provide any additional suggestions or ideas for the meeting. Mr. Fritsinger also distributed a proposed volunteer form and community feedback form for possible use at the meeting. Further discussion included changing the time of year for the meeting once we're in our new facility to coincide with the League of Minnesota Cities "Cities Week;" committee volunteer involvement and recognition; Sushila Shall's availability with information on human rights lssues; Staffwas directed to proceed with the sarne format as 1998; recognition of Committee Chairpersons by Mayor Probst; a variety of GIS maps available for display; have the meeting videotaped; invite Joseph Strauss and Sushila Shall; revise several of the handout materials. Councilmember Malone advised Councilmembers and staff that he may not be available for the Town Hall meeting due to a scheduling conflict. d. City Council/Department Head Retreat/Scheduling Mr. Fritsinger sought the Council's direction on the date, timing and topics for the armual proposed 1999 City Council/Department Head Retreat. Various potential dates and locations were discussed. Possible topics for discussion, available dates and locations, and whether or not to use a facilitator were reviewed. Suggested topics for consideration included, committee structure; incorporation of philosophy statement in City operations and linking of Council and department priorities; impact of staff reorganization; service delivery and future police contracting with Rarnsey County and Lake Joharma Volunteer Fire Department; and future transportation, Bethel Park and/or TCAAP development. Staff was directed to provide additional information in the weekly Council packet as plans are finalized. DRAFT . , . ARDEN HILLS CITY COUNCIL WORKSESSION - JANUARY 11. 1999 4 - e. WisPark Environmental Impact Statement (EIS) The City Council was provided with a draft of the proposed WisPark Development Environmental Impact Statement in the City of Shoreview, and asked to provide comment. Mr. Ringwald provided an overview, directing the Council's attention specifically to the County Road I traffic loading. Staff was directed to provide comment regarding the need for this development to recognize future traffic needs coming out ofTCAAP, and that MnDOT, Rarnsey County, and the City of Shoreview address this future plarming as not being the sole responsibility of the City of Arden Hills and to establish a cost-sharing frarnework now to accommodate those future development needs, and seek a formal Memorandum of Understanding between all parties now. MISCELLANEOUS ITEMS Bethel Park Project Mr. Fritsinger updated the Council on the Bethel Park Project, and advised he would be bringing this item to the February 8,1999 City Council meeting. Anderson/Rekuski Project e Mr. Fritsinger updated the Council on additional information received from the City Attorney on the Anderson/Rekuski property, and advised that staff would be pursuing abatement proceedings to resolve the remaining issues. The property owner had funds in escrow to cover any City expenses incurred. Future Transportation Planning Councilmembers and staff reviewed various transportation options for consideration by the I-35W Corridor Coalition and in light ofthe Metropolitan Council's light rail transportation plans as part of future TCAAP development. Council Medin!! Schedulin!! Mayor Probst advised he may not be available for the March 15, 1999 Council meeting due to a scheduling conflict. City Administrator Annual Evaluation Councilmember Malone and Mayor Probst briefly reviewed the process for the armual evaluation of the City Administrator with new Councilmembers. ADJOURN MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 8:15 p.m. The motion carried unanimously (5-0). e ~ e' CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 01/26/99 COUNCIL MEETING PAGE] OF3 CLAIMS PAID SINCE LAST COUNCIL MEETING (011041991 ~iiii;WtilWJYi:liiWJlJ '",,, .",.".""..... .............'............"..-, 'W N "W .,-,.,.,.,.,.;.:.,.;.:.'.,.:.,.,.:.:.:.".:.,.".,.,.:.,.:.;.;.,; 15224 12/30/98 Comn USA. Roseville 415.34 HP Laser Jet 1100 SE 15225 12/31/98 Bettendorf Rohrer Knoche Wall Ine I 000.00 Annraisal ofMisc Items - Indvkiewicz 15226 12/31/98 Conne~ndustrial Electronics 66.63 RedlBluc Water Chart Pens 15227 12/31/98 McCombs Frank Roos Assoc, Ine 5,236.00 Final Pavmcnt ~ Comn Plan 15228 12/31/98 Petersen, Tracv 96.53 MilealIe Reimbursement 15229 12/31/98 Randall, Nancv' 13266 Milcaee/Exn Reimbursement 15230 12/31/98 Stowell, Sheila 33.56 MileaoeJExn Reimbursement 15231 12/31/98 Post Terrance 46.80 Mileall'e Reimbursement 15232 12131/98 MN D~ of Health 3.195.00 Water Connect Fee 4098 15233 01/04/99 AE. Roberts Co. 49.00 Human Resource Seminar ~ Stowell 15234 01/05/99 Public Emn[ovees Retirement Association 2.805.73 First J anuarv Pavroll 15235 01105/99 ICMA Retirement Trust - 457 1,326.88 First J anuaT\! Pavroll 15236 01/05/99 State Ca;:;ftol Credit Union 4.500.81 First Januarv Pavroll 15237 01105/99 AMB Prcrert\l Cornoration 4.328.00 Januarv Rent & Gen Oneratine Exn 15238 01105/99 Gerads, Glen M. - SUSA Treasurer 120.00 Annual SUSA Membershin 15239 01105/99 Met Council Environmental Services 4],571.69 Januarv Sewer Charo:e 15240 01105/99 Metro East Develonment Partnershin- 1,000,00 1999 Membershin 15241 01105/99 MNGFOA 30.00 1999 Membershin Dues 15242 01/05/99 MN Pollution Control Ap"encv 45000 Collection Sv-::tem Seminar - PW 15243 01/05/99 NCPERS Groun Life Insurance 45.00 Januarv PERA Life Insurance 15244 01/05/99 Postmaster 170.00 1st Class Presort Feel3rd Class Bulk Fee - 1999 15245 01/05/99 UPS 6,49 Shinning Chanze - Comnuter Part Return 15246 01106/99 DCA Inc - FSA Denartment 350.00 Medical Reimbursement - PR #26 15247 01108/99 Software Tailors 19250 Network SunnoTt 15248 01/08/99 McCallum Transfer, Inc 63.95 Deliverv Chan>:e e ]5249 01/08/99 Ikon Office Solutions 105.09 Conier Meter Charees 15250 01/08/99 US West Communications 1,05656 December Phone Service 15251 01108/99 Northern States Power Comnanv 1.260.81 December Service 15252 01108/99 American Fire & Safet..J 210.80 Fire Extin~uisher Maintenance 15253 01/08/99 American Enp"ineerino Testino, Inc 280.00 Soil Testimr 15254 01/08/99 Scherer Brothers Lumber Co. 108.99 December Purchases 15255 01/08/99 Kath Fuel Oil 30.63 December Purchases 15256 01/08/99 MRPA 40.00 1998 Summer Leadershin Workshon 15257 01/08/99 T;:Temnorarv 1,097.40 Temn Receotionist & Clerical 15258 01108/99 Airtouch Cellular 68.20 December Service 15259 01/08/99 Leaoue ofMN Cities 45.00 LMC 1999 Labor Relations Conf - Fritsinoer 15260 01/08/99 Metronolitan Insnection Service Inc 3.139.20 Electrical Insnections - FINAL Payment 15261 01108/99 Ba~n Data Systems, Inc 2,005.74 Accounting Software SUDoort - 1999 15262 01108/99 MN De;:;t of Am-iculture moo 1999 Pesticide License - Winkel 15263 01/08/99 Lake Johanna Volunteer Fire Dent 42498.39 Fire Protection 1(:99 15264 01/11199 Postmaster 2,500.00 Permit # 1962 - PostaQe 15265 01/14/99 Frattallone's Hardware 219.79 December Purchases 15266 01/14/99 Sam's Club 97.84 Breakfast w/Santa 15267 01114/99 US West Communications 51,63 Phone Service - Perrv Park 15268 01/14/99 Leao-ue ofMN Cities 180.00 1999 Conference for Newly Elected Officials-Rem 15269 01114/99 Univer~ofMN 120.00 Munici-Pals - Berres/Holmes/Stowell 15270 01120/99 MN De;;t of Revenue 4,559,00 Sales Tax 4( 98 15271 01120/99 Public E~lovees Retirement Association 3,044.40 Second JanuaT\! Payroll 15272 01/20/99 State Canitol Credit Union 4500.81 Second Januarv Pavroll 15273 01120/99 ICMA Retirement Trust ~ 457 1384.15 Second Januarv PavroU " Subtotal- Paid Claims 136.053.00 II e Paid Claims From Above - 136,053,QO Add Unpaid Claims, Page 3 of 3 . 8512616 Total Accounts Payable Claims for Council Approval, 01126/99- 221 179.16 ~1"'l"bloldo....1 . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 01/26/99 COUNCIL MEETING :':::n~1f}".:::::' UNPAID CLAIMS REGISTER, TOI T02 T03 T04 TOS T06 T07 T08 T09 TIO TII TI2 Tl3 Tl4 TIS Tl6 Tl7 Tl8 Tl9 T20 nl n2 n3 n4 T2S T26 T27 T28 n9 TJO TJl TJ2 TJ3 TJ4 TJ5 TJ6 TJ7 TJ8 T39 T40 T41 T42 PAGE 2 OF 3 'e 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 01/26/99 0]/26/99 01/26/99 01/26/99 01/26/99 01/26/99 'if~:l~?:~:Vt~fujit?t:::::.-.-.,...-.....-.-.:.:.:,:,,::.::::;:;::::::::":':':':':':::':':::::::':::::::::':1,::::::?:::::::j:::t~~d\i:N~f:'::::j::::;::::t#MMiitriS:::::::::::: Alignment ]5274-15275 Abdo Abdo Eick & Mevers Aid Electric Service, Toc Alt, Carolyn American Stores Joe Animal Control Services, Inc Association of Metro Municipalities AT&T ~ Kansas City Beisswenger's How To Store BLggs, Eli Black Bear Systems, Jne Brunn, LuAnn Bvrne, AHa Case Credit Corp. Circle Pines Ceramics DCA,Jne Economic Development Assoc of MN Electronic Interiors, Inc Evemreen Land Services Co. Force America, Ine Fra-Dor Black Dirt & Recvcle Glenwood lnp;lewood GODher State One.Call Governing Grande American Bus Sales, lnc Haw:>:land Nancy Jensen, Rose Johnson, Jackilvn Kardell, Lori KinkD's Kramlinger, Jessica League of Minnesota Human Rights Comm Lemme of Minnesota Cities Ins Trust Lillie Suburban Newsnaners Lvons Son. a Metropolitan Council Environmental Services Metrocatl Mever, Andrew Minar Ford MN Denartment of Health MN Taxnavers Association Minvalco Inc Morton Salt l2/3l198 YE Audit Lift Station #8 Renair Refund-Grand Slam, Wet nWild Snow Tubing Jetter Truck-Brake Parts DowCat Enforcement - December 1999 Membershin Dues PW-Long Distance December Purchases Refund - Mini-Magic PT Win Vcr. 2 - Um:!rade Januarv Cleaning Refund. Ski Trip Case Loader Entry Ladder Parts Mother & Father Dav Pro.eetsffeachinll Mandatorv Enrollment Meeting 1999 Membership-Ringwald New City Hall Consult Svcs ] 2116 . ] 2/31 Hvdraulic Oil Reservoir Site Glass Black Dirt - Streets Sprin_g Water - CH ~ December December Service Subscrintion Circulating Pump # l03 Refund-Cooking for Kids Refund - Mini-Mallie Refund - Mini-Magic Cooking Class Supplies Town Hall Meetinl!lTrail MaDIl999 UB Rate Skating Clinic Treats 1999 Membership Dues Worker's Compensation Premium Employment AdsINotices Refund~Chl! Skatinl! Class Februarv Sewer Charge Annual Pager Fees - PW Refund - Mini-Magic Renair - #2 Pick-UD Water Schoo] - Stafford/!v[oonev/Saxe 1999 Membership - Post Lift #8 - Heater Parts Road Mix e II Subtotal ~ Unnaid Claims -~- 750.00 882.00 216.00 217.37 462.93 2955.00 6.13 93.18 17.00 260.00 240.00 39.00 177.61 184.69 100 00 175.00 2.589.00 343.20 22.06 65.54 7.50 70.00 73.00 109.95 6.00 17.00 17.00 24.56 648.14 12.41 55.00 18,200.00 660.82 6.00 41,571.69 158.23 17.00 253.97 255.00 55.00 35.94 1481.51 73,531.43 II ,......'....,...-.-,.. .....................-,.. ...,.".."..,..-.... ...........'...'.........w...-.'.. ...,dy1"""""I"')'Ib,*..imtl e > e e e CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 01/26/99 COUNCIL MEETING PAGE30FJ UNPAID CLAIMS REG ISTER ; ..dtilOJ!ck(MttJi --............'..'........'.'.,.'....... ::'::::;:~:::?:~::~::J:r:::~Mbt*t:::,::b ;J:;;9.MMiifrifI( .,....,..,...,.,',........ "0'-'--','-""" ,VtN'D.:Q)() ..."'..,....----..........,.,.".,..,.,...,... ..,....,....,............w.....,.. .....,..,.....-.,...,.. ...........-..----.,---.......,.,. .. ....-,....".......... ..........-.--,.... .................. ........---- ,........ ........_..,w,.,~...w.w..., ....... ........."....-...---......,.,.,.".,...... ........ ......w .. ....-..-..-.--..--_.__..... . ^ ... .___..m_"____q ...........................""'... T43 0]/26/99 Natale's Cafe 65.00 Council Worksession 144 0]/26199 New Brip;hton, City of 1,131.00 1999 Ramsev County GIS User Groua Fee 145 01/26/99 North Metro I-35W Corridor Coalition 4,812.00 North Metro I-35W Corridor Membershin Fee-l 999 146 0]/26/99 North Metro Insoection, Jnc 1.681.60 December Electrical Insnections 147 01/26/99 Nott Company 59.24 Hvdraulic HosesIFjttinl1~ 148 01/26/99 Oden Kim ]7.00 Refund - Mini-Mw:>:ic 149 01/26/99 Oden, Kim 22.00 Refund. Snorts Hour 150 0]/26199 Post Terrance 38.75 Milealle Reimbursement T51 0]/26/99 Ramsey County Leae:ue of Local Govemments 578.00 1999 RCLLG Membershin Dues 152 0]/26199 Roseville, City of 115,65 Tobacco ComnJiance Proiect 153 01/26/99 Rotary Club of Arden HillsJShoreview ]50.00 1099 - Dues & Meetines T54 0]/26199 Software Tailors 583.75 PC Network Sunnftrt T55 0]/26/99 St Paul Stamp Works, Jne 54.37 Dater - 2000 Plus T56 0]/26199 Stafford, Dwavne 94.51 MileaQ:e Reimbursement 157 01/26/99 Starv. Nora 25.00 Refund - BasketbaU T58 01/26/99 Stowell, Sheila 67.41 Mileao-e/Exnense Reimbursement T59 01/26/99 Strom Maro-uerite 34.00 Refund-Babvsittinll" 160 01/26/99 Timesaver Off-Site Secretarial 588.25 Recording: SecretarY Fees. PCIEDNCC 161 0]/26199 Too Temporarv ] 185.80 Temn Recentionist/Clerical T62 01/26/99 University of Minnesota 54.00 Pesticide Workshop - Winkel 163 01/26/99 Waming Lites 48.00 Traffic Control Seminar - PW T64 01/26/99 White, Stenhen 22.00 Refund - SN'lrts Hour 165 01/26/99 Xerox Comoration 150AO Pvramid Staoles 166 01/26/99 Yen lness ]7.00 Refund - Mini-MaDic Subtotal, Page 3 of3. 1 ],594.73 Page 200 BrQuQht Forward. 73531.43 Total Unpaid Claims h_ 85126.16 .....dyi"""'"""l"'v...l..d..."'1 . . . . ~ .. a: ii: en en co e ~ o o w .... c( o '" ~ o w ::c o ...I ...la;- oe o::~ >-e <C~ 1l.9 >-~ 0::- <C~ :;IN 2~ <C ,:; "'):;: .... " ~ ~ u:iD Ul ...I ...I i: 2 W C 0:: <C u. o >- !::: u :\1 ~ .~ \5 g::: o...t ~ ~" W N :'., ~ ~$: ~ ::i:l;: ...-." ~ t:; OO~ ~ ~ MAOO. I I ..Ii! ..~ .~. e . ._ 0 ~~ 0:1 -<-< ....uu v.iti:tI:: o ~ .~ :;;; ~~~~~ ~ :~: E "i 'N: 0 0 0 .~. 0 0 0 c5 c5 c5 ..., ... i;) :1; 0 I 0 00 c5 ;><: ~ ,Q " E :1: .~ ,Q .0 E '" " .. , .1 > " '" . 0 ~ u u . E ; E u " 0 '0 .!l. -E " .~ " -;;; 0- ~:; " " '" J: 0.\1 -< -< 'Jilll w w (;1):'-' "" '" ....;: : N 0 I ~ ~ '" 6 ~ ~ ~. $ - .. ."." .".,., ~ ~~ 0 I ri :2 ~ ~. N. .".,.: .-.:." .".:.; .. .i '3 "U::: Ii .Jll. ~ -< .il :1 '" ~ ~ ~ ~ N N ~ ~ - _b 00 00 06 ......000 '<tooo ...-i66c:i ~ ~ ~" ~ > ~ ~$~~~~ N 000 00 trl a......, 6r---:6~ Ooot-M ~ ~" " o 'c c ;J 0 " ] ~ ~ U II) ~ :g 8 '" ~ <o:l ~ g:J ~Q.le<( <;;3 0 ~ Q:: v.;2..sg: ~ ~ N ~ ~ E ~ . ~ E ~ {i tl en ,g._ ,,~~;~~ ; ~ 00 .... > V5 .... .. N N 00 0\ 00 00 ~ <i: ~~~~~~~~~$N~~~~~ ~~~~~~~~~~g~~~v~ N INN '<th I'"-O,oo'-OM",," '-DV) .~. i ..~ .~ ::r.:l; ,.. "E N ~ 'D '3 o:J .~ ~.f ~ ij :<:: . S:: 0 ~ 0 ...r 1 B:: ~ ~:E~~ 00000 000000 ....-i....-iciv-i"'; '>0\00\0\0 NN......NN 00 .~: 0': ~, ~I .,.::,., :~ :>*!: ::~: ::~: ::0. ~ ~ 'l > ~ H =< >- J ~ . . $ ~ N N ~O ~ 0 ~'" ~ ~ ~ MNA ~ ~ " D '0 0" "' ~ ~- . " "'''' c .S .~ ~ ~ "C - "d)'~ c::!::'::...c:D ~i:f CIl. _^ ~~=2 ';;;j bJ) ~ ti J:~~~ o t- 0 a \0 Ot-MooO'" ciONNO<""'i 0000". a t'1.. '<1". .0" \.Q N ~~~~~~ a;r--:r--:r--:o..,.; OO'.O'.O'.M\.Q .-<=~<~<:~~ ~<} ~ 11 4l ! Ii ~ f:~: H~ 8 8. ~ ~: m: m ~~~8~~ o~~~jt i~~g~i ..W " o o UU E .... ... .P :'*0: ~;i~~ . ~ ~ ~ ~ ~ ~ E '" ~ :3 ~! I 1 i ~ ~ ~ E ~ ~ U 'E g E i:I. rIl rS ~~~~~ N 8 ~ 0 g o ~ ~ 0 ~ N N 8. 8 8 g g g ~ ~ ~ vi ~~~~;::::O;:;~~~ 6lf"ia;0 r'ir--:-.i0 'Dl""'loo-.:tr"'"lO~~~ ("<\O'-O\'-~MOO\.Q:: M ~88~g;.'28~ 0"";6 0000...0 t-l""'l(""4V\OOIrl-.:t\D M,O\,MNnNnOO~ N 1i ..r:: ]..r:: 1:l ~ 0 e ~ '5 fr '" s:: ... g .= '"'0 :.:;:< :8 e<tl .,g 3: ... c;>;--g """, -. ... 0. 0 ~ 0 ~ Bo~ t5 .~ .tn ~ ~ ~ ~ -0' -08 ~ "'d-....oo"@ ~~l~dS~~~~~~~ ;; " ~ -0 t'.J:: t; .~.~ ~ :i ~ z. -2 ==, ~ C .... "_~~on~, g~" Jj:: .. ....-cU~~ ~~~j:l.,Lo..~ g@@@~~~~~g~~~g~@~~~~~~@~~~~ NNNNNNNNNMMl""'lMMMMM-.:t~~~-.:t (;>. o " . , Z~ ~~~~~N~~gM~~~~~~~~~-.:t~~~~~~~ ~\.Q\.Q\.Q\.Q\.Q\.Q\J;>\J;>~\.Q\D~~~\.Q\.Q~\D\.Q~~~\J;>\J;>~\.Q ~~~~ 6r--:..,fv-i M <,0 \.Q M M 6" oo~-.:t ~ <: ~ 8 ~-.:t. ~ & .9 ~ !:j -< u ooz, '" , -;;; ~ E ~ ';; '" ~ ~ $ ~. in. ~: I m; ~.; M:: " - ~ '0 .- ~1l 0:1 -<-< uu G:ti:: ~ ~ ~ " E ~ . " .~ 't; rIl .~ 8. ~ Ci o ~ o ~ } .~ ~ e ~ ] ~ w , ~ ~ . . " , . ~ i ~ E 1! 0:; '" ~~] ~ r .b a .5 "5 ~ E.~ ] ;; ;; ~ 'E ~ jj ~ ~ 1 ~ , c:;;- ot 0:: c: en en '" N - ~ o o W f- <( o tJ) :.:: o w :I: o ...J ...J Os It: en >-., <(~ n.;:: o i;:.g <(g: :J", Z!2 <(~ ....0 C :>: Z31 0" () ~ W.- Ul~ Ul ...J ...J :t Z w C It: <( u. o ~ (3 0 0 0 0 0 ~ 0 0 0 0 0 0 " " " " A .,. 0 0 0 0 ;j;,:( ~ ~ 0 ~ 0 ~ " '" " N " $ 0 ~ .... '" '" ~ ~ "" ,j-, w C 0 ~ g- o :~ ~ 0 :t:i::: '0 c ~ ~ ~~ u ~ iii ~ - " .5 I~ .s '" " ~ ,~ 'Q. ~ 0 iSc . 0 -' u ..,. c '] ::;4 0 ::: E <: :::< " iii '" '2 ~~ " '" v; .5 0. ::> ~ ~~I <<i ;1!l ~ I:l 0 0 0 0 i:j " 6 :i2!; '!; :;>;< a w ~ ..,. ~ ~ ~ i ..,. ~ ..,. ~ '" >:i <i '" ~ ~ ~ ~ ..... ~, 0 ..,. ,:,<< ~ '" r:': ... gggl dcid$: ~o oo~ ~. ':." '" ~ ~ ~ ~ '" '" ~ ..,. ~ ~ " N <i '" ~ ~ ~ ~ ~ "' ~ ~ 0 ..,. "' ~ '" ~ ~ w .. .. .., ... " ;f. .. 25 ,. ... ~ Ii: ;f. ..,. o- w s ~I@ fa -< 0 @ ~ 10'- on 0 ..n "' p ._ 0 .., " " " '0 !;' . on . 0 '0 ~ 0 ;:;0 ...:::,:A-. f-< ,~' " -< -< liI' " " e 3 ~ u u E~ 0 Ii: Ii: ~~I M :i\~1 ~ "' '" ~ ~. '" ~ '" ~ on '" ~ ~ ~ ~ '" ;l:l: ..... "'. ~ '" ~: :':l ~ "' ..,. ~. - ~ " 0 .,8 i 0 " iE :..: -iJ q 0 ,9.: 0 c '" 0 0 ill 0 [.:: co 0 '0 ii: -" -I] .~ ::>.1: E ~ od '; j;t: '" ."- C ::;J: " "" " ::~. 0 e " 'l!l. '0 " f-< Z 0 ;; '" ~ 00 00:': ";;:' ::~::i: :~ :z '~ .~ "Q ! '.::1,. .ii ...!!i...,.~ * ,~ .~ i~ :';.:;( ;2H: g: S:: :6 I~ ........ "'''' ~~ ==== w W' .... . i . ] ~ ~ ~ ! 0 , "ii .. ~ 'il I:i ~ E li ;; ~ . ~ ~ . .. .. " . . 0 ~ ~ ~ ~ ~ ~ ~ - - <: .~ ~ 11 v; :E . u i i ~ ] 'B 'il :E -. ] ~ ~ ~ ~ 0 00 ~ ;; ~ ~ -g -g -g 0 0 . ! !,l . '0 0 ., ., v; ~ ~ ~ ~ ~ :<-:.;. -" '"' > s ~ " " ~ 00 " ,: u .. .:J . ~ ~Ij <: <: <: <: <: 0 ~ ~ " ~ ~ ~ ~ ~ ~ ~ ~ ~ ." . .. .E ~ jj jj ~ 0 . ~ '" " " ~ ~ " " ~ na 0: u - ~ " 00 00 ~ N Z '"' 00 :~ ~ 0 0 ~ 0 ~ ~ 0 0 t t t " 2i ;:: .. .~ ~ ~ 0 ~ ~ :;s ~ ~ 0 0 0 0 0 0 0 ~ 0 0 0 0 ~ .... 0 ~ ~ 0 ~ 0 ~ ~ ~ 0 0 0 .... 0 0 0 0 0 0 0 0 0 0 0 N 0 N .... 0 0 0 ~ 0 0 ~ g 0 0 0 g g g .; 0 g .0 " .0 ~ :0; :;i 1;; N ,.; " ,; :-: .; N N 00 N N 00 N 00 00 00 N ~ 00 M ~ v M N N N <f, ..,. ~ ~ ~ 0 ~ :::: .... 00 " c; !:j ~ 00 '" '" '" 0 .... ~ :::: 0 N ~ N .... "' ..,. I = 00 ~ 00 '" ~ N ..,. ~ .... N ~ ..,. ~ 00 N '" '" 00 ~ .... ~ 0 0 00 00 c '" 8 <i on M '"' N 0 " ::j on 00 '" N '" <i M '" M N M '" '"' ~ '" -6 .. M N -6 on 00 '"' ~ ~ ~ ~ N ~ .... ~ .... :':l ~ 0 ~ ~ N 00 00 ~ 0 ~ N 0 ~ 0 .... ~ :::: ::; .... 0 .... II ..,. 0 5 00 '"' ~ ..,. "' 00 '" ~ ~ ~ .... ~ ~ N - '" N O. :~: - -' -' ...: -' I ".w , ~ 0 ~ .... - 0 0 ::; 0 ~ ~ 0 '"' 00 ~ 0 0 0 0 0 0 0 0 ~ ~ 0 ~ 00 ~ 8 0 0 .......-. ~ ~ 0 ~ .... ~ 00 0 ~ '"' 00 'C 00 0 0 0 N 0 0 0 ~ 00 ~ '"' '" 0 '" ~ ~ ~ ~: '" '" <i " N ~ " on ::; " '" N ::0 '" " on N :;; " -6 '" " '" on '" ;;; on <i M '" N " 00 I la .... ::; '" 00 ~ 0 ..,. .... ~ ~ ~ .... ~ ~ .... 0 0 = N ~ 0 :::: ~ .... 00 0 ~ ::- :. 0 ~ ". ", ~ 00 ~, ::: "' ~ N "" N N ..,. ~ ~ N N N :} N AA N' N ...: - N' - -' ...: - -' .. 0 i: 'W I :':l :::,::: '"' OJ 0 .~ .. ~ . ,Q "::::::: ~ 0 C "" OJ 0 15 E " ~ ~ . "" ~ ~ i2 0 ~ :': .~ .~ 0 c c >> i2 ., .. .. c 0 e :1 "" 0. " ~ :sl 0 0 e E ,.,.,.,. '<> OJ '0 . 0 0 0 ~ .~ on ~ .".'. !!:1 '" . a ~ c .5 '0 :1 0 ~~ ~ > go u Ii . .0 It: c ". c .s "" "'.Z 0 . ;; I t'il .s: E ,9 0 . ti' -< Z 1:l 0 "" f-< ;"':':' 1: I-.~ ,,; on on OJ '" '" 0 .~ 1l .....< " '" z ~ E co ,~ I 81 ~ ~ u on v " ~ " B "E 0 Ie!' 0 '" c' C '" c 'm ! " 0 ",," ~.... -" E ~ 'if 0 1 " 0 f-< v C on c 0:: 0 v " . . ~I] ~. " = ,g 0 5 ~ c' o- s ~: So'<fj 0 '0 5 11)'- ~ 2 :{ 0 ~ ,Q s .g E E 0 ~~] 8 0 ~ ;..::::: :E c "" c "0 ~ " c [ S "0 ~ 0 c ~ " 0 " 0 . 0 ~ .E . . 0 OJ ~ (5 0 0 OJ v ~ o . . g %l!l -<u. C2 on on '" '" "" on "':;'" on ;:;0 on v; 0. '" "' N 0 ;r: '" '" '" "- '" '" ,It)"" ~ ~ M ~ " 00 ::; ..,. ~ N ~ " ~ ~ " 00 ~ N ~ '"' ~ N ..,. ~ "' 0 ~ N ..,. ~ !:j :': '"' I ~iP 0 0 ::; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ::; ::; N 0 ~ 0 0 0 0 8 S S 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1< 0 0 ~. . 0 0 0 0 0 N 0 0 0 0 0 0 ~ 0 0 0 '"' 00 00 00 00 00 00 ~ ~ "' ~ ~ N N N N N '" N N ~ ~ ~ ~ ~ ~ ~ ~ ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. "', liii6 - N '" ..,. ~ '"' " 00 ~ 0 N ~ ..,. ~ '<> " ~ "' 0 ;:: N ~ ..,. ~ '"' " ~ ~ 0 N ~ ~' :':l ~ ~ ~ :':l :':l :':l ~ ~ '"' :::: :::: :::: ~ '<> '"' ::: :::: '"' " .... c; c; c; c; " " " ~ 00 00 ~ u)~ ~ :;; ~ ::0 '"' '"' ~ ::0 '"' ::0 ~ '"' '"' ::0 :;; ::0 '"' '"' :;; ::0 :;; ~ '"' '"' '"' '<> ::0 '"' '"' ::0 ::0 ::0 '"' . . i . ~ ~ ~ ~ '0 ~ . ~ ~ .~ i1 ~ 0 'ti ~ .. 'N ~ 0 ~ " ~ ~ . ~ ~ " ~ ~ 0 " ." .'" .~ .~ :c 0 0 0 ~ ~ ~ 8 " . " !:: w .5 l~ i ~ ~ , " - -" . . 11 ~ .. ~ 00 .f, " 0 ] :8 ~ '" 0 ] ~ .); ~ 0 . " z ~ ! f . '. . e . CITY OF ARDEN HILLS MEMORANDUM DATE: January 20, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrato~ 1999 Business License Renewals FROM: SUBJECT: Requested Action The City Council is asked to consider the approval of additional 1999 Business License renewals. Background Attached is a list of businesses who have completed the license renewal process for 1999. Staff has sent notice to all businesses who were licensed in the City of Arden Hills during 1998. Many of the business license renewals are still coming in, so staff is not recommending penalties on the outstanding licenses at this time. The City Council approved a portion of the renewals at its JaIJUary 4, 1999 meeting. Recommendation Staff would recommend City Council approval of the 1999 Business Licenses identified on the attached sheets. BF/sls I . ~ .n "d 0 0 ;:::: 0.> ..<:: @ 0.> 0.> M "€ 0 ;:l 1:: ;:l ~ - "g <=I 0 [j 0 0.> - Z >.iI 0.> 0.> .; Z a :> en :> :> :> - <: 0.> "g <: <: <: r;/) !;! ;:::: !:l 0.> !:l 0.> ~ @ 'C <=I <=I a 0 <=I <=I <=I <=I 0.>" a 0 0 ~ 0.> 0.> ~ 0.> i 0 0 :> 0.> 0.> - :> ~ :> ~ - - 'C ~ .....l ~ OIl "d .c- OIl OIl en <=I oj <: <: 0.> <=I <=I 0 "8 "d .:;;: 0 <=I .~ tl .:;;: .~ <l) 0 ~ <=I <=I ;:l <=I ~ 0.> <=I ;:l "d - ~ 0.> 0 0 0 ~ 0.> r;/) <l) 0; 0 a 0 2 .....l € - - U .....l g. .....l .....l "0 - ~ .~ rJJ OIl OIl OIl U ..<:: "€ <=I <=I - <=I ..<:: ..<:: ~ "d <=I ~ E-i 1:: ;:l .~ .:;;: en .:;;: 1:: @ 1:: 0 .~ 0.> .... - 0 0 0 ~ 0.> 0 0 0 0.> "d 0\ 0.> <l) ;:::: 0.> ;:::: ;:::: .~ ~ 0\ Z Z U .....l .....l .....l Z 0 Z Z .....l ~ >.iI -- 0 t- '-D 0-, V) 0-, V) M - - - 00 - '-D - - ~ It'l M V) 0 M 00 0 t- t- t- O t- - '-D '-D V) t- ~ ~ 0-, t- M V) V) M '-D '-D t- M '-D 00 0 M M M M M - M M - M M M "1- M - "1- "1- "1- - e: .-< - rJJ c:l ~ :> rJJ <:> Z .. c. ~ c. . U c:l ~ .... - !1;111!~ltl! 0.> ~ ... " ... - = OJ rJJ = >.iI rJJ 0; ~ <:> :If:*~~t~~~~~~~: u 0.> Z ~ .e- o.> ~ .... s: <: rJJ ... r;/) ;;;. u 0 --< ~ ~ en f-< OIl :i .. <l) '-' ..!l .s u <=I - 0\ .~ U 'r;; $I OJ 0\ '-' ~ <=I .~ ~ 0\ C5 - 0 r;/) '" en .-< fr ~ :> 0.> "8 .... "d a "d a 0 0.> @ 0 0.> U <: u oj 1:J do .~ u - ::s s OJ .... 0.> <=I ~ 0.> en :>. , 0 ~ U 0.> OJ r;/) ! 0 "-< 0.> ~ oj OJ ;:l 0 ] 0.> ~ '12 en OJ OJ oj 'E - U ..'!l u ~ 0.> ;:l 0.> ~ " ;:l ~ 0.> - .... 0 ~ 0. ;:;:: ~ 0 ;:l 0.> - U 0 0.> ~ ::Ii 'H ..<:: 0 .:!l ~ 0 - z ~ o:l OJ ~ ~ .... .... f en ~ ., V) "8 .... Z 0.> -0.> <=I e <=I .g - @ V) E< ~ :Q ~ 0.> 0.> <l) "0 ;:l .g 1:J <l) - "d "d ~ ~ e - en 0 en 0 " <l) 1:J '8 .... 'C c3 .... .;;: 0 - - 0 0 <: t:Q u U u U >.iI ~ ii: ~ ~ - V) , 0-, 0-, M "1- , 0-, 0-, "1- V) , 0-, '" '" M , '" '" M '-D , 0-, '" '-D V) , 0-, '" - '-D , 0-, 0-, '-D M , 0-, '" ""' '-D , 0-, '" 0-, ""' , 0-, 0-, t- M , 0-, 0-, 00 M , 0-, 0-, t- "1- , '" '" . " " ..<:: " ..<:: -=e '" '" 1:: a "d t:: '" ~ 0 to 0 0 " z " ~ z Z :> :> ~ " <r: <r: " ~ " " " a '" '" a '" '" " ~ a a " 0 0 " 0 ~ a " " ~ :> ~ - ~ ~ ~ "d ~ ....:i :> :> " " OIl OIl " to OIl " " <r: " '" '" e 0 " '" \0 ~ "d <r: <r: .... '" ~ .~ .~ ~ .::; .~ a, '" ~ '" ~ '" '" a ell 0 ell 0 ell :>< .... " ! ~ 0 b ~ ~ ~ ....:i ....:i ~ Q ....:i gf ~ ~ 1Jl OIl OIl ~ 0 OIl OIl - '" ..<:: -=e '" ~ " -=e :.= '" '" " Eo-< S .~ -a 1:: .~ S "d " - ~ .~ .~ s .-, :>< .... OIl " " ...... 0\ " '" 0 0 " ~ t-< 0 .~ '" ~ 0 ~ ~ Q ....:i Q Z Z ....:i Q " Z :r:: ell ....:i ....:i U ~ a, r<) 0 - a, - N 0 '" r<) 0 r<) 0 - - \0 lrl \0 r-- \0 0 r<) 0 r-- \0 .~ r-- 0 0 .q- r-- r-- ~ ~ r-- \0 r-- \0 V) r-- - p... \0 r-- 0 V) r-- r-- ('<1 r<) r<) r<) r<) ('<1 - N r<) - r<) ('<1 ('<1 ('<1 ~ ,.., - 1Jl C'Il ~ ... 1Jl 0 Z lo.. Q. e ~ Q. U C'Il ...... - .....;l ... ~ 1Jl = 1Jl = ~ 0 z U >. ~ ...... '" 1Jl .... " ..D ... u 0 ~ U ..<:: .~ ~ u ~ U to lo.. .... !3 " ...., 0\ ~ " ..<:: g ell to 1:1 u ] '" 0\ --- " " .... 0\ U ~ >-< " ,.., " ",' '" ..<:: '" " OIl .... " t-< .... u ~ " " " ~ ~ .~ - @ - u 0 '" <: -0 ell 11I11!llli: '" to - ....:i " OIl @ @ u 0 " '" '" " ~. '" ~ '" .~ .... u A S :E a:l il .-'< .... ~ t-< :>. @ ~ i::;> ~:::~~~f~;:;:u:, '" a ,Q C? OIl * E g "d I 1:1 0.. u ] !3 u .~ Q - .~ 0 .", ....:i " ;;E 0 - 0- ~ ~ 'C U '" 05 t-< b '" '" '" :r:: 0 ~ C? .g. -;S " " '" ." u .~ " '" .g - -=e 0 1;; " ~ .s "d U - " :::: ....:i u 0 " @ 1;; , \;:l ~ 0 0 " u 2 ell 0 0 0 '" "-' 0 C? :r:: :r:: ~ ....:i ;;E ;;E z z z z z 0 p... . " e e ;1![111111 o V) , a, a, o \0 , a, a, o .q- , a, a, r-- V) , a, 0'> 00 ('<1 , 0'> 0'> 0'> N , 0'> a, 00 r-- \0 \0 , , a, a, 0'> 0'> .q- .q- , a, 0'> V) 0'> V) V) , , a, a, 0'> 0'> .... r<) , a, 0'> V) .q- , 0'> a, V) r<) , 0'> a, 00 .q- , 0'> 0'> - - , a, 0'> N M , 0'- 0'- 00 V) , 0'- 0'- \0 \0 , 0'- 0'- ...... """ , 0'- 0'- ...... M , 0'- 0-, M M , 0-, 0-, N V) , 0-, 0-, \0 """ , 0'- 0-, M """ , 0'- 0'- o M , 0-, 0-, \0 N , 0-, 0-, t- M , 0-, 0-, 0'- 0-, d (::l ...... . l '. CITY OF ARDEN HILLS . MEMORANDUM FROM: December 14, 1998 Mayor and City Council ~v? Nancy Randall, Associate Plan~V DATE: TO: SUBJECT: January Planning Case 98-35 Case #98-35, Minor Subdivision - Donald Palme, 1370 Arden Oaks Drive Request. The applicant is requesting approval of a minor subdivision to relocate a property line between two parcels zoned R-I Single Farnily Residential (Exhibit A). . Background. The applicant, Donald Palme, owns the parcel at 1370 Arden Oaks Drive. The parcel to the south, 1401 County Road E, is owned by Rhoda Behr. The proposal would move a portion of Mr. Palme's property line 15 feet south. The applicant has been maintaining this portion of Ms. Behr's property and wishes to secure ownership. Both homes currently, and with the proposal, meet the setback requirements. The property to the north would increase its side yard setback from 10 feet 3 inches to 25 feet 3 inches where 10 feet is required. The property to the south would decrease its side yard setback from 83 feet 5 inches to 68 feet 5 inches where 10 feet is required. The proposed lots meet the required lot area, depth, and width. The proposed lot area for Mr. Palme's property is 33,150 square feet where 14,000 square feet is required. Ms. Behr's lot area is proposed at 40,320 square feet where 14,000 square feet is required. Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on December 18, 1998. Pursuant to Minnesota State Statute, the City must act on this request by Tuesday, February 16, 1999 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The additional review period would extend to Saturday, April 17, 1999. The City may, with the petitioners consent, extend the review period beyond the Saturday, April 17 , date. Lastly, if the City denies the petitioners request, "... it must state in writing fue reasons for the denial at the time that it denies the request." . Recommendation. The Plarming Commission recommends approval of PI arming Case #98-35, Donald and Carole Palme, 1370 Arden Oaks Drive, Minor Subdivision, subject to the recording of the subdivision in the form of a Registered Land Survey. Updates. None .~ . . . E: . xh,b;.{. f.1 ~. !2-/2-lqqg 4 ~ mOCj~ W/I~ ~~~ W~ ~ ~ ~ CL ~~ ~ ~ M fl",J ~ {!cuv ~ 15 tt &j "- ~ 'iJ:~ +0 cJ.Jl -Iz, ChUL> ~kc'JaM2., uJ~ ~<WL /,u,c 1'Y1~~;"J 7YI&4 "f ~ /5' ~ A)J<-- h"-,,,- 7ri_.J2~, ~ dMcM~ ---UJ tWA> cWu Cfln~;o ~ c;J' '* ~ &wL- ~ p~ ~ ~ A-W~ .1~ -&-, 0.1/ -:;40 15' ~ {lfi.L- d-- +z, ~ ~ . tJ~ ft~ ~ -k ~~~, ~ .f Av ~;.. AJ~ ar'~ "-1<<J. WL ~ JuL/I'W ~J h"-' ~ ~ . ~~~ (}~f~:jJ:J-- /31/J ~ valw f;n, _me . CEf;2TIf:ICA TE Of: SUf;2Y!..,... For: Don Po/me 1370 Arden Oaks Drive Arden Hills, Minnesota 55112 '" " Tel. 633-4275 I \, A I - ~ )> ::::0 o I'l Z o )> ^ (f) o ::::0 < I'l 66 66 I I I I PARCel11 . I I I ....so. Line of the No. \100 ft. of Lots 1,2 8< 3 I 0 ",- ~ / I 60.~ .\O~'.>9,./ -154.5- -47.5- I / . II'.J-- I ! ~~ ___~---L-~~-^---r '/2" ; - - - \'" C l5i-oposed Lot line" I ~ I #10459 O.B.. I (}1 10 I 0 (}1 S89"1 p8"W I I I I pAjRCE L 2 I I I :;: :., \ ~ No. Line of Lots 1,2 & 3 / N89015'28"E f 300.00 ,f'IJ II' i \ 60.1 l:: IV '" N ;., GARAGE: 16.0 ~ .6 ... <> Ul 0 o S' q~ 0 (}1(J1 0 <0_0 UO 00 , f'T] 20.4 l:: :., I I 110 I I I I I I I I I I I I I I \ I 1 I I 110 I '" I I / L_ ~, '" '" U. I I . '" f Ul '" 0 0 o~ 3 c.ft<O 2 <.Ot'J , -0 g: Uo .- OJ, () f'T1 9 i A l? .. '" ~ So ~ '" '" c. '" ~ -50.'- 15.5 1 .4 ... EJ(1SllNG HOUSE GoNl e ' story brick bldg I !'" ( / , > ,,""- " , I... , I , \ , -' ) I I I I I I -... (-, ,I > ') 1 " '" '\ ,....... I , .>. \ - Y , I ( , -) /50. Line lof Lots , & 2 -... ...... 210.00 S89"15'28"W 300.00-- - ...1 , . \rt II' ----- \ \ z ~o 0<=1. O(JI '<.0 o - OU 00, ~ -- ...... \Ii If? //;'" , ,,, .\ 'I.... 9' o ,,0 \ f'T] o III ,.,. 90.00 S89"15'28"W I 1 I 1 I I I I I \ I \ I I I \ I \ I I I I I I I I / I !1/~1'i'___ _ ___ _ _ ~/1!.__ ",- --- -- ...., I , ~ I o -t -..J o o I I <: ,~ ( , (-,' ) '" . \ ) " '" I... , \ :J '" o z '"" 0"" 0'" o '" (J1 <.O~ 0i' OJ~ '0 ~- r- ~o <0'"" N, . 0 0,.,. o U '86-24 Conc"C50FfTY R 0 AD E The North 100 feet of Lots 1,2 and 3, Block 1, Shady Oaks Addition, Ramsey County, Minnesota together with the South 15 feet of the North 115 feet of Lots 1,2 and the West 10 feet of Lot 3, all in Block 1, Shady Oaks Addition, Romsey County, Minnesota. Lots 1 and 2 ond the West 10 feet of Lot 3, Block 1, except the North 115 feet of said lots, Shody Oaks Addition, Ramsey County, Minnesota. Scale 1" 40' o Denotes Iron Mon Bearing Datum:Assumed Job No. 98677LS Drwg By BAa I hereby certify that this survey, plan, or report wos prepared by me or under my direct supervision ond that 1 om 0 duly Registered Lond Surveyor under the lows of the State of Minnesota E. G. RUD & SONS, INC ~ ,Jg;LiJ Date/? 9~?~ Registration No 7't!'Cf8 E. G. ,:cUO 4 &oN&, INC L..ANO eu~YE"""O~~ ~18iZl L.EXINGTON AYE. NO. CI~CL.E I=INE~, MINNEeoT.A S.SiZl14-3b2S TEL.. '8b-SSSb fTl ';><-....>1..: ''Ji T'.fl ~~ +-~ ;PJ ~j 930.4X 946.3 X 93l6~ 934.IX tl2 ~ 943.4X 941. =::e43.0X X929.5 X 945.8 . CoUr\~ 'Roo.cl E " H . . . V"l M , co 0\ ., '" '" U co = 'S 1a . ;:;::; . . 4/4 . . e " . e e e MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, JANUARY 6, 1999 7:30 P.M. - ARDEN HILLS CITY HALL ~~~fr CALL TO ORDER Acting Chair Rye called the meeting to order at 7:34 p.m. ROLL CALL Present were Acting Chair Marty Rye, Commissioners Brent Nelson, Stephen Baker, Therese Galatowitsch, Terri Duchenes, and Dave Sand. Absent was Chair Steve Erickson. Also present were Councilmember Paul Malone, Assistant to tlJe City Administrator Kevin Ringwald, Associate PlaID1er Nancy Randall, City Attorney John Miller, and Recording Secretary Lori Rolfson. OATH OF OFFICE Councilmember Malone administered the Oath of Office to the members of tlJe Planning Commission for tlJeir 1999 term. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON DECEMBER 2. 1998 Commissioner Nelson moved, seconded by Commissioner Sand to approve the December 2, 1998, minutes. The motion carried unanimously (6-0). PLANNING CASE #98-35 _ DONALD AND CAROLE PALME -1370 ARDEN OAKS DRIVE _ MINOR SUBDMSION - PUBLIC HEARING Acting Chair Rye opened tlJe public hearing at 7:39 p.m. Ms. Randall explained tlJat the applicant is requesting approval of a minor subdivision to relocate a property line between two parcels zoned R-1 Single Family Residential. The applicant owns tlJe parcel to tlJe north at 1370 Arden Oaks Drive. The parcelto the south, 1401 County Road E, is owned by Rhoda Behr. The proposed lot line would move a portion of Mr. Plume's property line 15 feet south. The property to the north would increase its side yard setback from 10 feet 3 inches to 25 feet 3 inches. The property to the south would decrease its side yard setback from 83 feet 5 inches to 68 feet 5 inches. The proposed lots meet the required lot areas, depth, and width. The proposed lot area for the property to tlJe north is 33,150 square feet where 14,000 square feet is required. The soutlJ lot would be 40,320 square feet where 14,000 square feet is required. ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 2 , Ms. Randall advised that Staff is recommending approval of Planning Case #98-35, Minor _ Subdivision, subject to tlJe recording oftlJe subdivision in the form of a Registered Land Survey. If the Plarming Commission makes a recommendation on this Planning Case, it would be heard at tlJ~ Monday, January 25, 1999, regular meeting oftlJe City Council. Mr. Donald Palme explained that the reason for this subdivision request is because he discovered that his air conditioning unit had been installed on the property line. He expressed his concern that, if the property owner to the south were to sell her property, and the new owner wanted to install a fence, the location of the air conditioning unit could be a problem. Acting Chair Rye closed tlJe public hearing at 7:42 p.m., as no one else wished to address tlJe Planning Commission. Commissioner Duchenes moved, seconded by Commissioner Sand, to recommend approval of PI arming Case #98-35, Donald and Carole Palme, 1370 Arden Oaks Drive, Minor Subdivision. Commissioner Sand asked Staff what made this Planning Case a public hearing, as opposed to other subdivisions. Mr. Ringwald explained requests for minor subdivisions require a public hearing. The motion carried unanimously (6-0). This Planning Case will be reviewed at the Monday, January 25, 1999, regular City Council meeting. PLANNING CASE #98-36 - CITY OF ARDEN HILLS - ADULT USE ORDINANCE- DISCUSSION Mr. Ringwald explained that Staff and tlJe City Attorney, John Miller, request tlJat the Planning Commission review and discuss tlJe draft Ordinance for adult uses. The City Council, on March 9, 1998, adopted Ordinance #305 placing a one-year moratorium on tlJe sitting of adult use establishments within tlJe City of Arden Hills. The City Council, in Section 3 of that Ordinance, directed Staff to conduct a study and forward tlJe conclusions oftlJat study to the Planning Commission for its consideration. e Mr. Ringwald stated tlJat the agenda packet included information which goes through everything Staff could find related to adult use. These items include newspaper clippings, court case decisions and City Codes. Additionally, tlJe packet included studies from Indianapolis, St. Paul and Phoenix, State Attorney General's report, as well as others. Staff intends to base tlJe Ordinance on these studies and reports. One item which needs to be taken into account when dealing with this type of use is cause and aeffect. The Courts have generally upheld tlJat otlJer people's studies can be utilized when making findings since tlJe City can reasonably assume iliat ... the same conditions would occur within its jurisdiction. ., Also included in tlJe agenda packet was a color map of the City of Arden Hills which shows all tlJe Residential Zoning Districts within the City. The map highlights the B-1 and B-4 Zoning Districts and depicts the 1000- foot buffer from these areas, as outlined in the draft Ordinance. . e e e ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 3 The two areas available within the City of Arden Hills for adult uses were show on tlJe map in red. One area is the row of businesses on either side of Dunlap Street, between Red Fox and Grey Fox Streets, one block off of Lexington Avenue. The other area is a portion oftlJe BetlJel College campus. Other than these two areas, adult uses would not be permitted within tlJe City. WitlJ relation to tlJe available sites, there are no vacant properties within these areas. The City is required to provide areas for this use. These types of businesses must be allowed to compete as any other business would. Whether or not a particular property owner would be willing to sell property to this type of business is not an issue for tlJe City to deal with. The City must provide a reasonable percentage of the City to allow these uses. Upon reviewing other ordinances, Staff feels comfortable that the proposed areas meet tlJe requirements. Mr. Ringwald stated that the State Attorney General's Report, and other reports, have concluded that adult uses contribute secondary effects associated witlJ an increase in crime and a decrease in surrounding property values. The regulations of cities typically have a spacing requirement between an adult use business and sensitive uses. Sensitive users can be, but are not limited to schools, churches, day cares, parks, and single faInily neighborhoods. The spacing requirement is typically 1,000 feet. These areas within Arden Hills are primarily located within Residential Zoning Districts. Therefore, the Residential Zoning District is where Staff based the buffers from and based the Ordinance on. The regulations of cities typically have a spacing requirement of 500 to 1,000 feet from one adult use business to anotlJer, other times tlJere is an effort to keep them in one area. The approach proposed by Staff would keep tlJese uses in tlJe two areas previously mentioned. The regulation of cities typically regulate the conduct of patrons within the adult use business. The basis for this regulation is related to prevention of criminal activity or to public health concerns. These regulations typically deal also with the exterior appearance of the building and signage. This restriction generally limits the signs to simply naming the businesses. This limit is not inconsistent with Arden Hill's current sign regulations. There are license and investigative fees to ensure these operations would be owned, operated, and maintained in a consistent fashion. These are generally annual licenses which require investigations by tlJe police and reports to the City Council for renewal. Mr. Ringwald advised that the Planning Commission is to consider where tlJese types of uses should be located and does the regulation effectuate this goal. He tlJen invited City Attorney Miller to add any comments he may have. Mr. Miller provided a narrative oftlJe legal background of why the ordinance must be placed. He indicated tlJat, generally, this is an area which is protected by the First Amendment. In the 1960's, tlJe Supreme Court made a landmark decision in saying tlJat, if material can be defined as "obscene", that material can be regulated by municipalities. This decision was based on some extreme examples. Items such as sexually explicit fihns, books and magazines, and items generally considered pornography, which are not considered "obscene" are protected by the First Amendment. Therefore a City could not pass an ordinance which would prohibit all adult uses completely. ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 4 . Historically what has developed, in all attempt to regulate the industry as a whole, is tlJe e recognition of the notion tlJat tlJere are adverse secondary affects from this type of business. A number of cities undertook studies to determine what these adverse secondary affects are and concluded tlJat they include all increase in crime and a decrease in property value. The role of the Planning Commission and the City Council is to determine if these recognized secondary affects would apply to the City of Arden Hills. Generally, if there is a rational basis to conclude that these affects would apply, Courts would uphold this decision. The second step is to determine to what extent tlJese adverse secondary affects should be regulated. Acting Chair Rye asked if what is being proposed would be a specific use within tlJe B-4 Zoning District. Mr. Ringwald explained it would be a special use within the B-1 and B-4 Zoning Districts. Acting Chair Rye requested confirmation tlJat there would be no explicit setback requirements other than the rationale of allowing them in the B-1 or B-4 Zoning Districts. Mr. Ringwald indicated tlJere would only be tlJe I,OOO-foot setback from a Residential Zoning District. Acting Chair Rye asked how tattoo parlors are handled within the City. He also asked if there would be any reason to handle tlJem differently, such as being more restrictive, or folding them into the Ordinance. Mr. Ringwald stated that this type of businesses would not need to be folded into tlJe Ordinance. This type of business is treated no differently tlJan any other, with tlJe exception of public health concerns which are handled by tlJe Rarnsey County Public Health Office. e Acting Chair Rye asked at what point did the Courts decide that this would be a protected use. Mr. Miller stated that, during a case in 1963, the Supreme Court made the distinction between obscenity and everything else. Commissioner Nelson asked iftlJe zoning map presented to tlJe Commission is the newest map. Mr. Ringwald stated that it is. Commissioner Nelson referred to the addition oftlJe NeighborhoodlBusiness Zoning District and asked why this does not appear on the map. Mr. Ringwald explained that the new zoning district was added under tlJe Comprehensive Plan. The Comprehensive Plan is a long range document and the next step is implementing it. Part of this implementation would include developing the NeighborhoodlBusiness Districts aIld changing the zoning on particular parcels. Commissioner Nelson asked if these changes would affect tlJe proposed Ordinance. Mr. Ringwald stated they would not. Commissioner Nelson noted that, ifBetlJel College has a seminary which would be considered a church, this would be in conflict with the separation from sensitive users restriction. Mr. Ringwald stated tlJat, in reality, if an adult use business were located in tlJat area, BetlJel Collage would no longer be there. Commissioner Nelson referred to the bottom of page 14 of the draft Ordinance and confirmed tlJat alcohol is not allowed at adult use businesses. Mr. Ringwald stated that this is correct. Commissioner Nelson wondered if this would be going a step too far. Mr. Ringwald indicated tlJat Staff felt tlJe restriction was consistent and appropriate. e e e e ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 5 Commissioner Nelson referred to the hours of operation limit of 9:00 a.m. to midnight and asked if this is not too restrictive. Mr. Ringwald stated no, that this requirement is consistent with tlJe character of other similar businesses. Commissioner Nelson asked if other city ordinances have the sarne limitation. Mr. Ringwald explained that, while the hours may vary, otlJer cities do have this type of restriction. Acting Chair Rye asked if there are any otlJer places within the draft Ordinance where certain businesses are restricted on their business hours. Mr. Ringwald stated that liquor stores hours are limited as part of their liquor licenses. Commissioner Rye asked if a liquor license is issued by the State. Mr. Ringwald stated they are issued through tlJe City. Mr. Miller noted tlJat there are certain guidelines established by tlJe State and tlJe City has the option of being more restrictive. Commissioner Duchenes noted tlJat clustering restrictions were mentioned in tlJe Staff memo. She referred to page nine of tlJe draft Ordinance and stated that, under Location Restrictions, there is nothing restricting adult establishments from being located immediately adjacent to one another. Theoretically then, the B-4 Zoning District could become a "red-light" district if there is no clustering restrictions. Acting Chair Rye referred to the requirement for tlJe City to provide a reasonable percentage of the City to allow for these uses and asked, if tlJe separation restriction allows only one business a B-4 district, would the City meet the land mass coverage requirement. Mr. Miller stated that there is not a set percentage which the City must meet. The City must allow a reasonable arnount of property for adult use establishments. Acting Chair Rye asked if there should be a clustering requirement. Mr. Miller noted that the 1,000- foot separation requirement could possibly limit tlJe available areas to two establishments. Commissioner Duchenes stated she is still unclear whetlJer or not tlJere is anything to prevent tlJe Dunlap Street area from becoming a red-light district. Mr. Ringwald stated that, at this time there is not, only tlJe lack of market. Commissioner Duchenes asked if the City could limit tlJe number oflicenses which would be made available. Mr. Miller stated that he could not recall a case in which a City restricted the number oflicenses and tlJe restriction was challenged; however, tlJe staff would investigate this issue for them. Acting Chair Rye suggested the City could limit the number of licenses by the fee charged for the license. He asked if there is a limit on the arnount the City could charge for a license. Mr. Miller stated tlJat the fee must correspond to the actual cost accrued by tlJe City. Acting Chair Rye asked, if a community were concerned about this type of use and decided to pay a full time cop $80,000 to be on tlJe premises, could the City charge tlJe $80,000 for the license to recoup tlJe cost. Mr. Miller stated tlJat the intent of the Ordinance is to impose reasonable restrictions on tlJe adverse secondary affects of adult oriented establishments. If the City carne to the conclusion tlJat, in order to reasonably regulate the adverse secondary affects it must hire a full-time police officer. . The City can regulate tlJe adverse secondary affects by limiting hours of operation and ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 6 placing setback requirements; however, it cannot regulate to tlJe extent where such business e could not operate. Mr. Ringwald noted that tlJe City would have to provide detailed findings supporting the cost of the licensing. Acting Chair Rye asked what tlJe licensing fee would be for a business to open once the Ordinance is approved. Mr. Ringwald stated that tlJe licensing fees in tlJe metro area range from $1,000 to $5,000. Mr. Miller stated that the licensing fee includes costs for an initial investigation and a criminal background check. These costs can run upwards of $5,000 annually. Commissioner Duchenes noted tlJat tlJere is an Assembly of God Church located on tlJe other side of Lexington Avenue and Grey Fox Street in Shoreview. She asked how tlJe distance requirement from sensitive users is interpreted with regard to this location. Mr. Ringwald explained that tlJe boundary of Arden Hills is the center line of Lexington Avenue. The City of Arden Hills cannot control tlJe zoning jurisdiction of any area outside the City limits. Commissioner Duchenes suggested that the location requirements within the Ordinance include day care centers. She noted, however, that she was not sure if the B-4 Zoning District would permit a day care. Mr. Ringwald stated that small day care centers are permitted in the Residential Zoning District. Larger day care centers are allowed in any otlJer non-Residential Zoning District. Mr. Ringwald suggested that Staff would look into this issue further. e Commissioner Galatowitsch pointed out that the land designated for adult use at Bethel College is really not usable unless the College is willing to sell off some of the land for this use. She asked if the Ordinance would stand this sort of challenge. Mr. Ringwald stated that this obstacle would be no more tlJan tlJat experienced by other businesses. An adult use business would have the same ability to purchase a parcel at Bethel College as tlJey would a parcel on Dunlap Street. Commissioner Galatowitsch asked if the intent of the Ordinance may look suspicious if an area designated for adult use is located on a church related carnpus. Mr. Miller stated that the Courts have decided to leave the practicalities of an individual to locate in an area up to the market. The City does not have to guarantee that the location would be immediately available, it simply must guar;mtee tlJe option of a location being available. Acting Chair Rye asked, if an adult use business opened under tlJe Ordinance and, a month later a day care were to open within 1,000 feet oftlJe adult use business, would this create a non- conforming use. Mr. Ringwald stated not at this point since day cares are not regulated. Even if day cares were regulated, he was not sure if it would be considered a legal non-conforming use until the situation was changed. Mr. Miller stated that tlJe City carmot pull a license in the middle of the year. He noted that if a day care were opened in an area which eliminated the availability of the area for adult use, the City would have to provide another area for the adult use. Commissioner Baker asked iftlJe Ordinance would allow tlJe City to require a business, which ... has some adult uses and claims them to be under the 25% limit of the gross receipts, to open their .- financial books for review. Mr. Miller stated that this issue could be addressed in the licensing area. Commissioner Baker asked what would happen if the business were to claim they do not need a licensee. He suggested, if the City felt the business were reaching the threshold and tlJe e . . ARI?EN HILLS PLANNING COMMISSION - JANUARY 6, 1999 7 business claims tlJey are not, the City would need some sort of mechanism to allow review of the businesses books. He also suggested tlJat a business having any level of adult use be required to provide financial records which would verifY tlJe arnount of adult use receipts. Mr. Ringwald suggested Staff look into this question further. Commissioner Baker pointed out that, often times witlJ liquor licensee applications, tlJe applicant is required to provide a copy oftlJeir lease or ownership paperwork. He indicated that he did not find this type of requirement in tlJe draft Ordinance and he felt this is could be helpful information. Mr. Miller explained that this would also be a part oftlJe licensing application, not tlJe Zoning portion of the Ordinance. Commissioner Sand referred to Acting Chair Rye's earlier question of when tlJese uses becarne protected. He stated that Exhibit A, attached to Exhibit N, provides the history of the case logs, from botlJ the Unites States Supreme Court aIld Appeals Court decisions. The history goes back to decisions made in 1976 and 1986. Commissioner SaIld referred to a legal paper included in tlJe attachments written by a City Attorney in Rochester, Minnesota listing cases in Minnesota which have been considered. Commissioner SaIld referred to tlJe admonition in Renton stating that tlJere be all allowance for reasonable alternative avenues of communication. In Renton, the affect of the Ordinance was tlJat it limited adult theaters to approximately 5 percent of the City's totallaIld area, which in this case was upheld as adequate. Additionally, there was a case in the City of Crystal dealing with limited space availability. Commissioner Sand indicated tlJat, in reading these cases, he was concemed that the BetlJel College property may be looked at by the Court as a ploy to avoid having the area on Dunlap Street be considered too restrictive. If the BetlJel property is eliminated, and all that is left is the Dunlap property, this would be a very small portion of the City. Commissioner SaIld stated he would be concerned whether or not this would withstaIld the challenges on the size of tlJe area as discussed in these related cases. Commissioner Sand asked Staff if a copy of tlJe City of Crystal case was included in tlJe information packet. Mr. Ringwald stated it was not. Commissioner SaIld referred to a letter dated December 26, 1997 from Mr. Miller to Jim Thompson of Kennedy aIld Graven which mentions the City of Crystal case. He read from the letter that, after reading the Crystal decision, Mr. Miller indicated he had some concerns. One was tlJat the petition for review by the Supreme Court was eventually denied, therefore, the Appeals Court's decision stands as is. Commissioner SaIld noted that, since the Commission did not have a copy of the case, he was not sure what tlJat decision was. He indicated iliat what was available was an article by an individual saying that there was something wrong with the secondary affects analysis performed by tlJe City of Crystal. There had also been a reference as to whether or not the City had allowed enough 1aIld area to meet the tests. Mr. Miller stated that, in this case, the Courts found in favor of the City of Crystal. Commissioner SaIld indicated that tlJe reason he raised this concern is because he feels Staff must be careful how the OrdinaIlce is structured. He reiterated the previous concern that tlJe 1,00D-foot setback may be too much aIld suggested Staff consider less of a setback requirement. Commissioner Sand stated that he had read tlJe Ordinance from the City of Crystal aIld he found it to be very thorough. He suggested iliat tlJe City of Arden Hills definitions should track tlJe ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 8 .' definitions found in tlJe City of Crystal's Ordinance as much as possible. He referred to the City e of Crystal's definitions, Exhibit B, section 1190.03, and stated tlJat it appears that Arden Hills definitions attempt to track tlJe City of Crystal's almost verbatim. He indicated, however, tlJat some words had been left out of the draft and suggested the Ordinance should be as comprehensive as possible. Commissioner Sand noted that tlJe City of Crystal uses a 250-foot boundary, and a 500-foot distance requirement between similar establishments. He referred to the City of Crystal Code 1190.05, Location, which reads "An adult establishment may not be located within 250 feet of any residentially zoned property boundary." In tlJe draft for tlJe City of Arden Hills, section 3.01, Location Requirements, subparagraph 2, it states "No adult establishment shall be operated or maintained within 1,000 feet of a church, public or private educational facility principally serving persons age 17 or younger, public park, residential structure, or any residential district." Commissioner Sand stated that he wondered if the phrase "residential district" was too restrictive. He suggested tlJat Staff may consider using tlJe City of Crystal's phrase "residentially zoned property boundary" which would measure from the property boundary. Mr. Ringwald statoo that the boundary of a zoning district is tlJe center line of a road which means the City of Arden Hills restriction is more generous than it would be if the measurement went from tlJe property line. Acting Chair Rye asked why tlJe 1,000-foot buffer is needed. He suggested the Ordinance could say tlJat this would be an allowable use under the special use program in tlJe B-4 Zoning District _ and would not be allowed in any other zoning district. He asked if this would be sufficient .. witlJout including setback requirements. Mr. Ringwald stated it would be iftlJe Dunlap Street area 'was determined to be of sufficient size to accomnJOdate tlJe special use and no other B-4 Zoning Districts are added next to a Residential District. Acting Chair Rye asked if this would eliminate tlJe BetlJel College location. Mr. Ringwald stated it would, as this area is zoned B-1. Commissioner Sand noted tlJat one oftlJe articles in Exhibit N states tlJat "the working group heard testimony that when an ondinance establishes distances between sexually oriented uses, an additional regulation may be needed to prevent operators of tlJese businesses to defeat the intent of the regulation by concentrating sexually oriented businesses of various types under one roof, as in a sexually oriented mini-mall." Commissioner Sand stated he assumes this refers to clustering. He noted that tlJe City of St. Paul adopted an Ordinance preventing more tlJan one adult use within one building. He asked if this definition for a sexually oriented mini-mall is included in the draft Ordinance for Arden Hills. Mr. Miller stated it is not. Commissioner Sand suggested that Staff review the City ofSt. Paul Ordinance and consider adding this information to tlJe definition for what an adult establishment is. Commissioner Baker asked if any businesses have applied for an adult oriented use business. Mr. Ringwald there have been none. Commissioner Nelson referred to Acting Chair Rye's question of a day care opening up next to an adult use businesses and asked if Staff will be looking into tlJe results of this type of situation. Mr. Ringwald indicated tlJat Staff would be. e Commissioner Nelson referred to Staff's cover letter suggesting that adult use buildings be required to be at least 1,000 feet apart and noted this issue had been brought up with regard to e e e ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 9 clustering. He asked if Staff will be looking into this issue further. Mr. Ringwald stated Staff would be. Commissioner Galatowitsch referred to the language in tlJe draft Ordinance which states "public or private educational facility principally serving persons age 17 or younger," and asked if this was included so as not to eliminate the Bethel College property. Mr. Ringwald stated tlJe language was included to prevent an adult use business being opened near High Schools or younger students. He indicated tlJe Ordinance is not attempting to protect adults from tlJese type of uses as adults are considered old enough to determine what is good or bad for themselves. Commissioner Duchenes suggested that Staff should look at the Comprehensive Land Use Plan to determine if any changes in the zoning would affect tlJe Ordinance. She asked if other areas could become zoned B-1 or B-4. Mr. Ringwald stated the place to keep an eye on would be the Twin Cities Army Ammunition Plant (TCAAP) as it develops. Commissioner Duchenes referred to the Assembly of God Church in Shoreview and asked if they would have any standing to object to tlJe building of an adult establishment in the Dunlap Street area. Mr. Miller stated that he could not think of any basis which they would have. Commissioner Nelson asked how the City would treat rezonings affecting the B-1 or B-4 districts in ten to 20 years. Mr. Ringwald explained that this would be part of Staff's, the Planning Commission's, and the City Council's responsibility when considering rezoning. When reviewing a rezoning request and all of its uses, one of the things which is considered is what would be tlJe worst use that could occur within a particular zoning district. Acting Chair Rye stated that there was no specific action required by tlJe Planning Commission with regard to the draft Ordinance. Mr. Ringwald concurred and stated that Staffwill incorporate the Planning Commission's comments. The draft Ordinance will then be published in tlJe City's Official Newspaper so that a public hearing can be held on this issue at tlJe Wednesday, February 3, 1999, regular meeting of the Planning Commission. Acting Chair Rye summarized the questions Staff is being asked to review. 1. Clustering (whether tlJere are internal setbacks found between the individual uses and setback requirements from other uses). 2. The impact of a day care opening near an adult use establishment. 3. Is tlJe area proposed for adult use sufficient witlJ tlJe Bethel College area, without considering the TCAAP area, and would the amount ofland still be sufficient if the Bethel College area was not included. 4. Regulating the number of licenses and the cost oflicensing. s. Whether or not a mini-mall type area is acceptable. 6. Review tlJe definitions to ensure tlJey are consistent with Crystal's and St. Paul's Ordinances. . ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 10 .' 7. Zoning tlJe use versus dimensional setbacks for tlJe use. e 8. Opening tlJe financial books for review of those businesses which claim to not meet the threshold for an adult use establishment. 9. Providing leasing or ownership information in the license application. Acting Chair Rye suggested tlJat, if tlJe proposed land allowed for this use is found to be insufficient, Staff provide direction of what would be the next best place to consider. Mr. Ringwald asked the Commission that, if they had any specific areas in mind, tlJey provide this information to tlJe Staff. Commissioner Sand asked iftlJe term "commercial land", as used in some oftlJe cases includes tlJe B-1 through B-4 Zoning Districts. Mr. Ringwald stated it does. Commissioner Sand referred to the Alexander versus tlJe City of Minneapolis case in which tlJe Court upheld that 6.6% of the City's commercial land was sufficient. He indicated that, if including the BetlJel College area, the proposed land area would most likely exceed this percentage. Even if Bethel were excluded, tlJere may still be more than 6.6% oftlJe commercial land available within the B-4 Zoning District. Mr. Ringwald stated he will provide percentages witlJ and without BetlJel and with and without _ the TCAAP area. .. Commissioner Sand asked what the status is of the zoning of the TCAAP property. Mr. Ringwald stated that tlJe strip along I35W had been zoned Industrial-2, tlJe rest of the property had been zoned Residential. COrnnJissioner Sand confirmed tlJat, if someone bought a piece of land at the Arsenal, they could not open this sort of establishment at this time. Mr. Ringwald stated this would be correct since none of the TCAAP is zoned B-1 or B-4. Acting Chair Rye asked if the area south of Grey Fox Road would make sense for this use if the City were to need to provide more area. Mr. Ringwald suggested Staff take a look at the areas being proposed first before considering other areas. COUNCIL REPORT Councilmember Malone stated that tlJe Fox 29 Tower representatives are likely to come to the City with a real proposal. It appears as tlJough the City will have to deal witlJ this issue as tlJe tower may be allowed under a special use. Councilmember Malone stated that the month of December was quiet for the City Council. He noted the Council had a good taxation hearing with few residents in attendance. Councilmember Malone stated that tlJe City Council held a Worksession to discuss rubbish haulers. Some members of the Council feel the number of rubbish haulers should be limited witlJin certain neighborhoods. . . e e e ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 11 Councilmember Malone stated that, since Cindy Walsh left her position as Community Development Director, the City will return to having a Park Director position as it would be difficult to find someone with Ms. Walsh's wide range of expertise to replace her. Councilmember Malone reported tlJat the City Council passed Planning Cases #98-29, Mark Thompson and #98-32, Cardiac Pacemakers Inc., Site Plan, at their December 14, 1998 Council meeting. Councilmember Malone stated that the City water rates have been adjusted slightly. A change was also made to the senior citizen discount for sewer rates. The rate had been 50% off the sewer rate, new rate will be increased to 67 percent over the next three years off tlJe standard rate. He also noted that tlJe Metropolitan Council Environmental Services will be cutting their rates and these savings will be passed on to the City residents. COMMISSION COMMENTS Commissioner Sand asked if the Fox 29 Tower representatives had given up on tlJe TCAAP area. Councilmember Malone stated tlJey had not. He noted tlJat, when the 700 to 1,000- foot tower on tlJe Vaghan property had been proposed in 1984, tlJere had been enough protest that the proposal had been denied. This time the proposal appears to be a more serious situation. Commissioner Galatowitsch asked how many towers are currently located in Arden Hills. Councilmember Malone stated there are three and gave their locations. Mr. Ringwald noted there are an additional three towers located in Shoreview. Commissioner Galatowitsch expressed her belief that tlJe City of Arden Hills seems to be taking the brunt oflocal tower construction. Councilmember Malone explained that Arden Hills is an attractive area due to its elevation and airplane traffic patterns. Acting Chair Rye asked, if the tower is constructed, would there be a clear zone available in the event tlJe tower were to fall, or do towers always fall within tlJemselves. Councilmember Malone stated that he had documented cases where towers fell to the side, furfuer than the height of the tower. Acting Chair Rye asked if this would allow the City to deny tlJe new tower. Mr. Ringwald stated tlJat this could be included as part of tlJe City's decision making process. However, the Federal Government requires the City to provide some space to reasonably accommodate tlJese uses. Commissioner Sand asked, since there is already an antenna farm bordering Highway 694 in Shoreview, why should tlJe City create a new one on tlJe TCAAP. He stated that his preference would be to expand where they are rather tlJan adding a new tower area. Commissioner Sand referred to a letter received from Mr. Theodore Brausen, Texaco, expressing interest in purchasing tlJe property on County Road D at Cleveland Avenue. Commissioner Sand stated tlJat, having served on both the Park Board and tlJe Planning Commission, he had been concerned about good citizenship on tlJe part of Texaco. He explained that, when tlJe Standard Station becarne a Texaco and tlJe new station wanted to build tlJe additional garage, the City had asked tlJem to provide screening. For a year there had been no screening until tlJey finally planted some small shrubs. I ARDEN HILLS PLANNING COMMISSION - JANUARY 6, 1999 12 e Commissioner Sand stated tlJat he does not know what the intent would be for the development of the land Mr. Brausen is requesting to purchase. However, considering past performance, he would keep a close eye on the situation. Commissioner Sand asked Mr. Ringwald ifhe had additional information. Mr. Ringwald stated that Texaco had contacted Staff to find out what the City had plarmed for the site. He had informed tlJem of the City's plans for the development of a NeighborhoodlBusiness District and that this site is one being considered for this use. Texaco had expressed an interest in pursuing something tlJat would be different from the City's plan. Acting Chair Rye asked if Staff has had other contacts expressing an interest in tlJe site. Mr. Ringwald stated that tlJey have. He noted that tlJese interest have been more in line witlJ tlJe City's plan for the site, such as small office. Commissioner Galatowitsch asked if there had been any interest in developing the site at County Road E2 and I35W. Mr. Ringwald stated that Staff receives calls regarding this site on a regular basis. Commissioner Galatowitsch asked why nothing has developed at this site. Mr. Ringwald explained tlJat it is a difficult site to build on due to the 50-foot setback from the road and tlJe quick drop off on the eastern portion of the site. Commissioner Galatowitsch suggested that the City may consider being less restrictive on the setback for this site. Mr. Ringwald noted that potential developers have not been denied by the City. Rather, the developers plans wont fit on the site even with reduced setbacks. e Commissioner Sand asked if Staff is informing interested people that the County Road D and Cleveland Avenue and the County Road E and Cleveland Avenue areas have been designated Gateways which would have certain landscaping requirements. Mr. Ringwald stated that tlJey have been explaining this requirement when the discussions have reached this point. Commissioner Sand asked Mr. Ringwald when tlJe last meeting of the Neighborhood Commons was held. Mr. Ringwald stated the group is waiting for the Metropolitan Council grant money. ADJOURNMENT Commissioner Sand moved, seconded by Commissioner Nelson to adjourn tlJe meeting at 9: 17 p.m. The motion passed unanimously (6-0). . e I ~ e e e .. :. CITY OF ARDEN illLLS MEMORANDUM DATE: JaIluary 25, 1999 TO: Mayor aIld City Council ~~ - FROM: Dave Scherbel, Building Official SUBJECT: Request for Commencement of Abatement at 1875 Lake Lane Reauest Staff hereby requests that the City Council make several findings in regard to the "Hazardous Building" conditions located at 1875 Lake Lane, and to authorize tlJe commencement of abatement proceedings under Minnesota Statutes 463.15 Ex. Seq relative to 1875 Lake LaIle by adopting Resolution # 99-08. Backeround The Staff has received several complaints regarding the property at 1875 Lake Lane. These complaints included that the home has been vacant for a number of years, maintenaIlce aIld structural soundness of tlJe home, varmints seen entering tlJe buildings, yard overgrown, garage appeared to be falling down, etc. The items that follow are the actions taken by the City in regard to 1875 Lake Lane: 1.) On May 22,1989, City Staff sent Ms. Teslow, owner of 1875 Lake LaIle, a notice to correct code violations. The home was vacant; windows broken and both the house and the garage were open to trespass. 2.) On February 2, 1993, tlJe City sent aIlotlJer letter informing Ms. Teslow that her house was in violation of City Code, vacant aIld poorly maintained. 3.) On October 30, 1997, Ms. Teslow was sent another letter informing her that her property at 1875 Lake Lane was in violation of City Code and that the City had doubts whether or not the home was habitable. Staff requested Ms. Teslow respond no later thaIl November 10, 1997. 4.) On November 10, 1997, Staff received a letter from Ms. Teslow stating that the homes mortgage was recently paid off aIld she would be obtaining another mortgage in order to make repairs to the home. 5.) On November 20, 1997, Staff sent Ms. Teslow another letter requesting an inspection oftlJe property to determine ifthe home was fit for human habitation, and, secondly, that we needed to have a timetable for repairs to be completed since the home had been poorly maintained and vacant for over 8 years. Staff requested an inspection no later than December 5, 1997. . 6.) On December 3, 1997, Staff received a letter from Ms. Teslow confirming that no heat was _ functioning in the building and tlJat no one was living in the home. She requested an extension .. until January 31,1998. The City sent a response letter tlJat informed her that we could extend tlJe inspection date until December 15,1997. After several telephone conversations, staff finally conducted a site inspection on December 17,1997. Staff found a great deal of rubbish and debris in tlJe home, no heat, plumbing and cabinet fixtures in very poor and unsanitary condition. The garage appeared to be rotting and in very poor condition. Staff informed Ms. Teslow that she needed to submit a timetable for when tlJe home would be cleaned up and repaired. She was told iliat this timetable should be submitted no later tlJan December 20, 1997. 7.) On January 12, 1998, Ms. Teslow sent a letterrequesting an additional 60-90 days to clean up the home. 8.) On January 26, 1998, Staff conducted a follow up inspection to monitor progress on the home. That inspection revealed little progress. Staff sent Ms. Teslow a follow up letter informing her tlJat less tlJan 5% of the cleanup had been completed in a little more than I-V, months. The clean up was going much slower than tlJe City had expected. The City tlJen set a deadline of March 31,1998, for all clean up to be completed. Once tlJe cleanup was completed, Staff would tlJen conduct an inspection to determine what steps would be needed to bring the home into compliance with City Code. 9.) On May 7,1998, after many telephone conversations and cancelled inspection dates, the City conducted another onsite inspection. This site inspection again revealed little progress. e 10.) On June 4,1998, Staff sent Ms. Teslow anotherletterwith a new deadline ofJuly 3, 1998, for all clean up to be completed and September 3, 1998, as a date when all repairs necessary to bring the home into compliance were to be completed. 11.) On July 9, 1998, Staff conducted anotlJer on site investigation, which finally showed good progress in the cleanup of the home. Approximately 60% of the rubbish and debris had been removed. 12.) On July 20,1998, Staff indicated to Ms. Teslow, by letter, that if she could keep up her most recent pace of cleanup, staff would put the abatement process on hold until August 10, 1998. All rubbish and debris would need to be removed by August 10, 1998, and all repairs completed by October 17, 1998. 13.) On August 10, 1998, Staff conducted an on-site inspection, and found the home finally cleaned of all rubbish and debris. At tlJat time Ms. Teslow informed Staff that her intention was to sell the home and have the new owner make the necessary repairs. '14.) On August 10,1998, Staff prepared and submitted to Ms. Teslow a list oftlJe conditions for either her or the new buyer to follow in order to bring the home into compliance wiili City Code. 15.) On August 17, 1998, the City received a letter from Ms. Teslow, outlining her timetable for _ selling the house. She stated tlJat she was obtaining a professional appraisal first, to determine a .. e It e , fair market value of tlJe home, tlJen would contact potential buyers after she had an appraisal. She indicated that the process would take approximately one month. 16.) On September 2, 1998, tlJe City sent anotlJer letter acknowledging her getting an appraisal, but, due to the arnount oftime already spent on removing the rubbish and debris, she would need to expedite the process as quickly as possible. Staff suggested her contacting potential buyers and determining tlJeir interest so she could sell the property as quickly as possible after getting her appraisal. 17.) In October of 1998, Ms. Teslow informed Staff that she had indeed sold tlJe property but that some details had yet to be worked out. She indicated tlJat by tlJe end of October she would have everything finalized. Staff asked if she had informed the new buyer of her dealings witlJ tlJe City. She indicated that she had and stated tlJat she had given tlJe buyer tlJe list of items required by the City to bring the house into compliance with City Code. 18.) On November 17, 1998, after receiving no notice of who the new buyer was, or a timetable for the homes completion, Staff called Ms. Teslow. She informed Staff that the new buyer oftlJe home was Brice Scott (3375 Lake Johanna Boulevard), but that the paperwork had still not been completed to finalize tlJe sale. The City contacted Mr. Scott to confirm that he was indeed tlJe new buyer and was in the process offmalizing the paperwork on tlJe purchase of1875 Lake ):.ane. Mr. Scott confirmed he was tlJe buyer and would have all details worked out by the end of tlJe month. 19.) On November 19, 1998, Ms. Teslow was given a final date of November 30, 1998, for the sale to be completed and plans submitted outlining the work to be done to bring the home into compliance. The plans were also to indicate a reasonable timetable when the home would be completed. Staff received no plans or signed deed indicating the property had been sold. Staff then directed the City Attorney to preparing a Findings and Order and to begin the abatement process for 1875 Lake Lane. 20.) In December of 1998, City Attorney John Miller sent Ms. Teslow a letter stating that it was the intention of the City to begin the abatement process. 21.) On December 31,1998, the City received a signed Contract for Deed between Ms. Teslow and Brice Scott. 22.) On January 4,1999, Staff informed Mr. Scott by telephone tlJat plans for the repair of the home still had not been submitted. 23.) On January 4, 1999, tlJe City received, by facsimile, a brief outline of what was to be done. Staff again informed Mr. Scott, by letter on January 7, 1999, that tlJe plans did not go into enough detail, did not include information required, and that the timetable for completion was much too long. New plans indicating the extent of the work to be done, WIth a timetable for its completion by May 1,1999, need to be submitted no later than January 15, 1999. 24.) As of January 22, 1999, no adequate plans had been submitted. f ~~ e The following is a brief surmnary of tlJe codes indicating tlJe autlJority that allows for the City to declare the building a ''hazardous building" and unfit for human habitation. Section 102 from 1994 UBC states all unsafe building, structures, or appendages are hereby declared to be public nuisances and shall be abated in accordance with the procedures set forth in Sections 463.15 to 463.26 of Minnesota Statutes (the "Hazardous Building Statute''). These are Sections 6-16 and 6-18 of tlJe Code. (It should be noted that Section 6-18 refers to Uniform Code for the Abatement of Dangerous Buildings (tlJe "UCADB"). Section 6-16 refers to the State's Uniform Building Code (tlJe "UBC"). While the UBC, in its original version, allows abatement of hazardous buildings pursuant to the UCADB, it was amended by the Commissioner of Administration to require that hazardous buildings be abated in accordance with tlJe Hazardous Building Statute. The UBC has to be followed, basically witlJout arnendment, throughout the State. Thus, while Section 6-18 of tlJe Arden Hills Code allows abatement pursuant to the UCADB, it is preempted by the UBC, and, therefore, the City has to pursue abatement pursuant to the Hazardous Building Statute. A definition of what constitutes a "hazardous building" pursuant to the Hazardous Building Statute is referred to in tlJe proposed Findings and Order. Findinl!S and Order The proposed Findings contain a list of 1 0 items. In item #2 Staff has included tlJe Code enforcement letters from 1989 indicating that tlJe home has been vacant for over 10 years. In .. items #3-10 of the Findings and Order, Staffhas identified all of these conditions to exist at 1875 _ Lake Lane. Staffhas included the relevant photographs of the property that were taken on August 10th, 1998, during a meeting witlJ Bonnie Teslow. Staff concludes that these photos will help substantiate tlJe conditions identified in the Findings and Order. Abatement Process The Hazardous Building Statute sets forth tlJe abatement proceedings. Staffwill work closely with the City Attorney in regards to the proper procedures to be taken in order to be in full compliance with all rules and regulations. Staff estimates approximately 45 to 60 days to obtain a hearing on the matter, after the resolution has been signed. A decision can then be expected on the matter within one to two weeks after the hearing. Budeet ImDact At this time, Staff is only requesting autlJorization to begin commencement of abatement proceedings at 1875 Lake Lane. Staff estimates cost shall be minimal, basically for Staff costs relating to preparing the Findings and Order, the resolution, and City Attorney fees in preparing and consultation for the above items. Only after tlJe order has been served and tlJe appropriate time has elapsed with no response, will Staff pursue this matter further. This most likely will entail: 1. Procuring three (3) estimates for the abatement of tlJe hazardous conditions identified . in Exhibit A, tlJe Findings and Order. e e e ,. 2. Obtaining a market evaluation oftlJe home. 3. Making a determination based on the home value, whetlJer tlJe home should be renovated or demolished based on the market analysis of what tlJe home may be wortlJ. Recommendation Staff recommends City Council approve Resolution 99-08 and Findings (#1-14) to commence the abatement process at 1875 Lake Lane and direct the City Attorney and Building Official to undertake all necessary actions relating to tlJe commencement of this abatement. cc: Bonnie Teslow Brice Scott Enclosures e e e , STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN mLLS RESOLUTION NO. 99-08 RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS UNDER MINNESOTA STATUTE 0463-15, ET. SEQ. RELATIVE TO 1875 LAKE LANE. WHEREAS, the building and other structures (collectively, the "Building) located at 1875 Lake Lane, Arden Hills (the "Property"), has been vacant and not maintained for approximately ten (10) years. WHEREAS, the City has unsuccessfully attempted to have the owner of the Property (the "Property Owner") make certain necessary repairs to the Building or otherwise abate conditions on the Property which are in violation of certain provisions of the City Code. WHEREAS, as used in this resolution, the phrase "Property Owner" shall be deemed to be, collectively, Bonnie Teslow, last known address: 1875 Lake Lane, Arden Hills, MN 55112, and Brice Scott, 3375 Lake Johanna Blvd, Arden Hills, MN 55112. The records of the Ramsey County Recorder indicate that said Bonnie Teslow is the fee owner of the Property. Upon information and belief, Brice Scott is the purchaser of the Property pursuant to a Contract for Deed, dated December 30th, 1998. WHEREAS, the Building has deteriorated to the point where it, because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions, and/or abandonment, constitutes a fire hazard or hazard to the public safety or health for the reasons, among others, set forth in the attached Findings and Order Determining the Existence of Hazardous Buildings (the "Findings and Order). WHEREAS, sufficient efforts have been made by the City to arrange for the abatement of the conditions at the Property as set forth in the Report of the Building inspector dated January 25, 1999, together with any additional conditions which are referred to in the attached Findings and order (the "Conditions"). WHEREAS, the City has proceeded in good faith to resolve the matter, but, because of the lack of any meaningful effort by the Property Owner to abate the Conditions or resolve the matter, the City now finds that in the interest of the public, it is required to act to abate the Conditions pursuant to Minn. Stat. Section 463.15 et. seq. (the "Hazardous Building Statute" ). WHEREAS, given tlJe length of time the Building has been vacant and not maintained, and the opportunity of the Property Owner to abate the Conditions, a reasonable _ time within which the Property Owner to complete the abatement of the conditions is set forth .. in the attached Findings and Order. Now, THEREFORE, BE IT RESOLVED, that the City Council of Arden Hills, Minnesota, hereby adopts the attached Findings and order pursuant to the Hazardous Building Statute and hereby directs the City Staff and Attorney to proceed pursuant to the Hazardous Building Statute or otherwise to implement the directives as set forth in said Order. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN mLLS THIS DAY OF , 1999. DENNIS PROBST, MAYOR ATTEST: BRIAN FRITSINGER, CITY ADMINISTRATOR e e e e e . FINDINGS AND ORDER DETERMINING THE EXISTENCE OF A HAZARDOUS BUILDING INTRODUCTION AND RECITALS On this 25th day of January, 1999, the City Council of the City of Arden Hills (the Council") hereby determines, pursuant to Minnesota Statutes 463.15, et. seq. (the "Hazardous Building Statute") that the dwelling and all other structures (collectively, the "Building"') located at 1875 Lake Lane, in the City of Arden Hills, Minnesota (collectively the Property") is a "Hazardous Building" as defmed by Minnesota Statute 463-15, Subd. 3, which provides as follows: Subd. 3. Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. This finding is based on information provided by David Scherbel, City Building Inspector, and other members of the City Staff. Said information includes, but is not limited to, the inspection/violation report (the "Report") and any photos and documents included with the Report, which Report has been previously or contemporaneously provided to the Council. All of the conditions described in the Report are hereby incorporated by reference. Specifically, the council fmds the following conditions exist, among others, which make the Building a "Hazardous Building" within the meaning of that phrase as contained in the Hazardous Building Statute: e FINDINGS 1. As used in these Findings and Order, the phrase "Property Owner" shall be deemed to be collectively, Bonnie Teslow, last known address, 1875 Lake Lane, Arden Hills, MN 55112 and Brice Scott. The records of the Ramsey County Recorder indicate tlJat said Bonnie Teslow is the fee owner of the Property. Upon information and belief, Brice Scott is the purchaser of the Property pursuant to a Contract for Deed, dated 12/30/98. The records of the Ramsey County Recorder do not show the existence of any lienholders. 2. The Building has not been occupied for approximately ten (10) years and has not been maintained during that period of time. 3. The Building is a Dangerous Building as defined by Section 302 of the Uniform Code for the Abatement of Dangerous Buildings as incorporated into the City Code in Section 6-18; 4. The Building injures or endangers the comfort, repose, health, or safety of others; 5. The Building is offensive to the senses; e 6. The Building essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; 7. Based on the above Findings, it is further found that the Building is a nuisance as defined by Chapter 16 of the City Code. 8. The Building, or a portion thereof, is manifestly unsafe for the purpose for which it is being used or may be used. 9. The Building has been constructed, exists or is maintained in violation of any specific requirements or prohibitions applicable to Building provided by the Building regulations of this jurisdiction, as specified in tlJe Building Code or Housing Code, and of any other laws or ordinances of this state or jurisdiction relating to the condition, location or structure of Building. e e e e , 10. The Building, if used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise has been determined by the Health Officer or Building Inspector to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 11. The Building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other canse, is determined by the Building Inspector or fIre marshal to be a fIre hazard. 12. It is the opinion of the Building Inspector that the condition of the Building is such that in all likelihood it is not feasible to repair or reconstruct the Building or to bring the Building into compliance with the applicable provisions of the City Code, and that, therefore, the only way to abate the conditions (the "Conditions") referred to above (or incorporated herein by reference) is to demolish the building. The Council agrees with this opinion. 13. The Building Inspector has had many conversations or other communications with said Bonnie Teslow, or some other person acting on her behalf, regarding condition of the Building and the repair or demolition thereof. These conversations or other communications have not resulted in any meaningful improvement to the condition of the Building or the abatement of the Conditions. 14. The dates and requirements scheduled and set forth on the attached Exhibit A are reasonable considering the many opportunities in the past for the property owner to abate the Conditions or otherwise address the violations which exist on the Property. All findings and conclusions set forth in the Resolution directing this Findings and order, as well as any other findings which may have been made in the Introduction and Recitals hereto, are hereby incorporated herein, which Resolution shall be served along with a copy of this Findings and Order as set forth below. . ORDER BASED ON THE ABOVE FINDINGS, the City Council determines that the Building is a "Hazardous Building" within the meaning of the Hazardous Building Statute and demands that corrective action be taken by the Property Owner. Corrective action shall include the completion of all steps necessary to bring the Building into compliance with all applicable City Codes and abating all violating Conditions set forth in the findings, above. Attached to this Findings and Order as Exhibit A, is a list of items, as determined by the Building inspector as of the date hereof, which need to be completed in order to comply with this Order. As the work progresses, further investigation may reveal that additional steps need to be taken in order to bring the Property into compliance with applicable City Codes. The Property Owner will be advised of any such additional steps, in writing, by the Building Inspector or City Administrator. This Order shall be served upon the Property Owner, and any lien holder of record, pursuant to Minnesota Statute 0463.1 '7, who shall have twenty (20) days from the date of service to interpose an Answer to this Order. A copy of the Order, with proof of service, shall be filed with the Court Administrator. If the Conditions are not completely abated, and any additional corrective action set forth in Exhibit A is not completed as set forth in Exhibit A and an Answer is not timely filed, pursuant to Minnesota Statute 0463.18, a Motion for Summary Enforcement will be made to the District Court of Ramsey County. Said Motion may request, among other things, an order permitting the City to demolish the Building and assess or collect its costs as set forth in the Hazardous Building Statute. DENNIS PROBST, MAYOR AITEST: BRIAN FRITSINGER, CITY ADMINISTRATOR e e . tit . e 1.) 2.) 3.) 4.) Exhibit A to Resolution 99-08 Submit detailed information regarding tlJe extent of repairs to tlJe home at 1875 Lake Lane. The information shall indicate whetlJer wall material is to be removed, new insulation installed, electrical service updated, new furnace system installed, etc. It shall also indicate to what extent plumbing fixtures and cabinets are to be replaced. This information is to be submitted no later than 2/1/99. A detailed inspection of tlJe property by tlJe City of Arden Hills, witlJ the owner of tlJe property, to determine the extent oftlJe repairs to be completed. This inspection to take place no later than 2/1/99. Demolition of the garage by 2/15/99 or a permit taken out by 2/8/99 and repairs completed by 5/1/99. Permits for all work to be obtained prior to 2/8/99, with a Certificate of Occupancy to be obtained by 5/1/99. . - - - CITY OF ARDEN HILLS MEMORANDUM DATE: January 19, 1999 TO: Brian Fritsinger, City Administrator Dwayne Stafford, Public Works Directo@ Removal of West Round lake Road from the 1999 Street Improvement Project FROM: SUBJECT: Rackgrnnnd On October 13, 1999, tlJe Arden Hills City Council adopted Resolution #98-63, receiving the Preliminary Report in the matter oftlJe improvement of West Round lake Road Phase n. At that time, Council agreed to continue with plans aIld specifications for the project, but ordered staff to revisit tlJe costs for various options aIld present iliose verified costs and options at a future Council Work session. Phase II Presentation At tlJe JaIluary 11, 1999 Council Work session, City Engineer, Greg Brown, presented staff and Council an updated version of costs for four alternative designs for the reconstruction of West Round Lake Road. Following a discussion oftlJe alternates and costs and the possibility of more development of ilie Gateway Business District in tlJe near future, Council elected to delay the West Round Lake Road Phase n reconstruction until a future year. Council recommended that the failed section of West Round Lake Road Phase n be only repaired in the immediate future. Recommendatinn The City of Arden Hills Public Works Director recommends Council adopt Resolution #99-07 delaying action on the improvement of West Round Lake Road Phase n. CITY OF ARDEN mLLS COUNTY OF RAMSEY .sTATE OF MINNESOTA e RESOLUTION NO. 99-07 RESOLUTION DELAYING ACTION ON IMPROVEMENT PROJECT WEST ROUND LAKE ROAD (pHASE II) AND AUTHORIZATION FOR FUND CARRY OVER WHEREAS, the City Council had adopted Resolution # 98-63 receiving tlJe Preliminary Report in the matter of improvements to West Round Lake Road (phase II) at its October 13, 1998 City Council Meeting, and; WHEREAS, the City Council at that meeting elected to proceed with tlJe project according to rules of Chapter 429 of the Minnesota Statutes governing Local Improvements, and; WHEREAS, upon furtlJer review of costs associated with the improvement of West Round Lake Road (phase II), and; WHEREAS, the likelihood of furtlJer development of the Gateway Business District in the near future exists, which may cause alterations to the plan proposed in the Preliminary Report. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota tlJat: e I) The 1999 Street Improvement of West Round Lake Road (phase II) be delayed until a future date. 2) Funds procured to this point for the improvement of West Round Lake Road be carried over to tlJe time at which the improvement proceeds and be used along with any additional funding available for improvements to West Round Lake Road (phase II). 3) Property owners abutting the project area of West Round Lake Road be notified oftlJe project delay. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN mLLS THIS 25m DAY OF JANUARY, 1999. DENNIS PROBST, MAYOR ATTEST: BRIAN FRITSINGER, CITY ADMINISTRATOR e .. . e . ~~~QKXP~ MEMORANDUM BRW Thresher Square 700 South Third Street Minneapolis, MN 55415 Phone: (612) 370-0700 F-ax,-{612}3J0.1378 To: Brian Fritsinger/City Administrator File:37951 0061001 From: Greg BrownlBRW, Arden Hills City Engineer RECEIVED Date: January 19, 1999 JAN 2 0 1999 CITY OF ARDEN HILlS Subject: Pay Estimate #1 Lift Station #3 Reconstruction Project Backuound The City of Arden Hills awarded Jay Bros., Inc. of Forest Lake, Minnesota the Lift Station #3 Reconstruction Project on November 30, 1998. Jay Bros. low bid was $69,593.00. e e PrQject Status The Contractor has completed the installation of the concrete wet well and valve vault structures and is beginning to install tlJe interior piping included witlJ tlJe station. Pay Estimate #1 includes payment for items associated witlJ tlJe construction of the wet well and valve vault structures. Recommendation The Arden Hills City Engineer recommends Council approve Pay Estimate #1 for Jay Bros. Inc. of Forest Lake, Minnesota in the arnount of$21,420.41. A retainage of5% is being held for the proj ect. U:\WPDOCS\ARDENHIL\LIFTST3\PAYEST#I.MEM - \ . e e APPLICATION FOR PAYMENT NO. 1 Project LIFT STATION #3 RECONSTRUCTION PROJECT Owner CITY OF ARDEN HILLS Owner's Project No. Contractor JAY BROS., INC. Application Date 1/20/99 BRW Copy v City COpy Contractor Copy inspector Copy Engineer's File No. 37951-006-1001 For Period Ending 1/19/99 -------------------------------------------------------------------- -------------------------------------------------------------------- STATEMENT OF WORK Original Contract Amount Net Change By Contract Amendment Contract Amount to Date Total Amount of Work Completed to Date Material Suitably Stored on Site but not Incorporated into Work Gross Amount Due to Date Less 5.00% Retainage Amount Due to Date Less Previous Payments Payment Due this Application $ 69,593.00 $ 0.00 $ 69,593.00 ~ 22 L!5.47. 80 $ 0.00 $ 22,547.80 $ 1,127.39 $ 21,420.41 $ 0.00 $ 21,420.41 . , I hereby certify that all items and arnounts shown are correct for the work completed to date. . Contractor Ja.y Bros.. Inc By~- (Name and TItle) .--ctm--------- ..Date-.--J---.:lo-99 The work on this project and the application for payment have been reviewed and the arnount shown is recommended for payment. By 1--... Date /-/1- 9 '1 APPROVED FOR PAYMENT . Owner City of Arden Hills By Date (Name and Title) . \ \ t APPLICATION FOR PARTIAL PAYMENT \ LIFT STATION #3 RECONSTRUCTION PROJECT CITY OF ARDEN HILLS e BRW File: 37951*006*0101 1/19/99 Page: 1 -- _____....___n___ Seq. No/ Unit Contract Contract To Date To Date MnDot No Item Unit Price Quantity Amount Quantity Amount -------- ------------------------ ------- ---------- --------- ----------- --------- ----------- Bid Schedule: A - LIFT STATION #3 RECONSTRUCTION 1 MOBILIZATION LS 3200.00 1. 00 3200.00 0.50 1600.0C 2021.501 2 CLEARING TREE 200.00 3.00 600.00 2.00 400.0C 2101.502 3 GRUBBING TREE 150.00 3.00 450.00 2.00 300.0C 2101.507 4 REMOVE SEWER PIPE LF 5.00 10.00 50.00 0.00 0.00 2104.501 5 AGGREGATE BASE CLASS 5 TON 15.00 90.00 1350.00 0.00 0.00 2211.503 (100% CRUSHED LIMESTONE) 4It0~.511 8" PVC, SDR 26 SANITARY LF 55.00 15.00 825.00 25.00 1375.00 SEWER 7 F&I LIFT STATION LS 33980.00 1.00 33980.00 0.10 3398.00 2503.601 EQUIPMENT AND PIPING 8 F&I LIFT STATION LS 3500.00 1.00 3500.00 0.00 0.00 2503.601 ELECTRICAL SYSTEM 9 CONNECT TO EXISTING EA 500.00 1. 00 500.00 1.60 800.00 2503.602 SANITARY MANHOLE 10 REBUILD SANITARY SEWER LS 500.00 1.00 500.00 0.00 0.00 2503.602 MANHOLE INVERT 11 CONNECT TO EXISTING EA 500.00 1. 00 500.00 0.00 0.00 2503.603 SANITARY FORCE MAIN 12 6" DIP FORCEMAIN LF 82.05 40.00 3282.00 0.00 0.00 2503.603 13 7211 DIA. SANITARY VALVE EA 6000.00 1. 00 6000.00 0.80 4800.00 2506.602 MANHOLE 14 72" DIA. LIFT STATION EA 11906.00 1. 00 11906.00 0.80 9524.80 .6.602 WET WELL W/ACCESS HATCH 15 SILT FENCE TYPE HEAVY LF 2.00 180.00 360.00 100.00 200.00 2573.502 DUTY . . , APPLICATION FOR PARTIAL PAYMENT LIFT STATION #3 RECONSTRUCTION PROJECT CITY OF ARDEN HILLS J . BRW File: 3795~*006*0~0~ ~/~9/99 Page: 2 Seq. No/ MnDot No Item Unit Unit Price Contract Contract To Date To Date Quantity Amount Quantity Amount --------- ----------- --------- ----------~ 70.00 350.00 0.00 O.OC ~6 SEEDING W/4" TOPSOIL SY 5.00 2575.502 ~7 WOOD FIBER BLANKETS SY 2.00 70.00 ~40.00 0.00 O.OC 2575.523 TYPE REGULAR ~8 SITE GRADING LS ~500.00 1.00 ~500.00 0.00 O.OC 2105.60~ 19 MARKER SIGN EA 25.00 3.00 75.00 0.00 O.OC 2564.602 20 F&I MANHOLE STEPS EA 25.00 5.00 ~25.00 0.00 O.OC 2503.602 2~ BALE CHECKS EA ~O.OO ~O.OO ~OO.OO 0.00 .~ 2573. 50~ . 20.00 300.00 22 STABILIZING AGGREGATE TON ~5.00 ~O.OO ~50.00 2105.543 MATERIAL Subtotal: $ 22,547.80 Grand Total: $ 22,547.80 . ,1 II e CITY OF ARDEN HILLS MEMORANDUM DATE: January 15, 1999 SUBJECT: Mayor and City Council Brian Fritsinger, City Administrat& County Road F Pedestrian Trail TO: FROM: Requested Action The City Council is asked to autlJorize the preparation of plaIls and specifications for the construction of a pedestrian trail along County Road F, from Haillline Avenue to Lexington Avenue. Background In February, 1998, the Council approved all application to tlJe Minnesota Department ofNaturaI Resources (DNR) for funding from the Cooperative Trails Grant Program. In September, 1998, tlJe City adopted Resolution #98-58 accepting a grant in the amount of $50,000 from this tit program to be used for trail construction along County Road F. Projected Cost The City Engineer has previously estimated the total cost oftlJe project to be $114,669. The City Council included this project within tlJe 1999 CIP and budget. DNR Reauirements The DNR requires tlJe City to complete a basic Environmental Assessment Statement (BAS) and other information gathering before it CaIl proceed with the project. Staff is nearing completion of these items. However, to furfuer address various wetland or water quality impacts, a more detailed project design should be completed. What's Next? Once the design is completed, the City CaIl then fully respond to tlJe EAS requirements. Before the City can proceed to contract for tlJe project, the EAS needs to be completed aIld the Council will need to give final approval to the design aIld proj ect. Recommendation Staff recommends City Council authorization for the City Engineer to proceed with the preparation of plans and specifications for the construction of a pedestrian trail along County Road F, from HaInline Avenue to Lexington Avenue. e BF/sls . . 1f INC. 1'IIrIoMr -.- 711I ftIN lIlnoI ... .......... - -.. ..... IUII'1H7lIO, ... mamHm 1I.M1E: BIICE:-EXB..D1G pAW. i.b '28. 1H8 e e - DISTRICTS I I 83 1M SINII.! FAMILY RES'DEN1'I,." DISTRICT ... ... ... .. ... ... ... ... .. H lINGlE .. TWO FAMIU' 1IICSl0000IAI. DISlJtleT 1QIIretlME . !.OW _It.,. IM.tl"-E aElLtMGI DISlIt T .....T1NDWlLLINODIIlRICT UllllED UIICa DIITIUCT ..... ....'ICS DlsnuCT IElVICE_IICS10ISfltICT IlIETAILc:onutOlsntlCl' lMTEWAY MalNOS LlliIllIl) IHOUsnU.... OtsntlCT GENER.II. 1NCM81ltIAL DIstRICT ..... I-IUX GImleT BITUMINOUS PATHWAY LOCA TION MAP IJlBlI 2000' 9 EXHIBIT 1 .....m '<V\~';-.'\ F -T r,j ) iinlluw\llllwoi/ ~ SIIR"V ~+, '~'\ T / ~ '\ ,~ ! ~ rtf, ~~i~~ mm ~ II) 11~~~r~:~'~"fA~>: ~IJJ& ~:I: ~\IIl! ~mnlll I .. - <~ <'>c.... ~ vlllr" \~E1~~ ""'~Ll: I RW +(' Tii "" z ~ ~ 'T"l'f- QJj ~~~/~~ r I I ~ .~ I- ~T .~~ )~~:~\ ~ Idlld.ll Y '\ qt: \'2' 1'-,,-- mn~. ~~ II ,- .I ~ "'\ ~ I IIIN....II..~. ...I~ \,Lt '''tfmmUlIIIIII '~\ r==\~I.c:.rIIf' TTTTTT\lC ~ -./T\ ~ /~,,':.' r.....; P t ~ \"'lhlk1m1t't. C J [7; ijinI!IL #/~.. ........ ~i\ r ~1iI ..... V// ~-=== .= ~ ~" F >f.t \/) t I!. ~ I INDIAN I 0 S ~ / . !!l ~ =- -1 \-" I, Tn~ 711 laAlU ~ ~ "..~,.. 1/ lL- ~~R-l I L~ I., ~ -< ~ I ::...J T Vr~ I) ~ _~ Dj 'J: p Aiiii:' 'F" " l, ~ l~R-1u.f j{' ~L ~~ ' ...... __I-' I-PROJElcT g uu - 1:11n~.,1 n" _ .. L-Lq~IQ!'!._ = .~1- :: ~------ 1 IMENTINE ~~.~ ~ ~~ ;;, I .J('l ,1-1 "" 11 7. i-J -LJH \ I", "'< I/:r= ~) c fny ROAD 'F" ~~'< ~\ ~~ ~~~t'" 1\ ~, 1) I:::. '1.) ~ . ",o7t-..,r ::" ),~ - "l \ ~'C-"'\ Ia.,,"'q '\ .- ...... ..IT'D' ~ B ~~ I 6'.. 6'05'" : ~y I'~ ~ 1-1" ",(I. ~IIIIIII /""" r..::r~~; v I BETHEL \\~ ~ ,:: ""'1'" /' ~..."t), COLLEGE \'" '" - ",,, ___ JTIIIJ - ~'-<lJ; r \ \ ~~- )"'"j _""'""" ::'--...... ~~v I; ,ll 1\;:\: '~"" : JII]JJ : II" ~ \. f,ll 1 \ \ 9:: ~ "",'; ~ ~",t 1\ /;I}:: NOR WOOOS$ \:: T I. \1 1/:: ~~;- l~.-~~~ '" }lJ (( 5r RmFOXRn>n ~ ~ , '-- -......,. OJ:lPU12 \',:: L~' II; b ~ ".......~- r ~.;;--~~"\ ~ ~ r. ~ ENTINE (\I>..~ ~'o ~/'-" 7'!: ~d+ ILLS ~~ ,1..........--. : - -- ,j;; 4 ~ ~~~ " ~, 'd\. cP '-:.-::q I 'r':::. I ! , y\ ..; p-~ -_......: t=r I \ gr A c> "'":.- . \~.,","~ A.L f.I:1 J .,.-:- :: D I '::t . .. i= - BITUMINOUS PATHWAY LOCATION M IJIEI1 1000' . .. W DIC. ,...... -.- ,.. 1.'IIW _ ... -""'P'''" ... IM1I, .... 1D/ll'Iv4I7" Fu lIUII7lHJft NAME: DIKE-EXB.OYC DAm Felt 26. 1H1 1::-45om 10 EXHIBIT 1A ~ PROPOSED PATHWAY e / r --- // // // // ~{( ,) \ -:.'}} COU TY . lIED . .. W DIe. n-Io.. Sq..... 7110 nw 5_1 So. ......... WN IIII41S, ,.... I12IS7lHI7l1l1, Fax 8UI37lHa78 I I I I I I I ATER : I mYEB L____________ ---------------- w ::) Z W > .<C w ~ Z W > <( o o ~ Z 0::: W lL. z o l- t:> Z X W .....J . Z. ROAD "F" '.'-,_________J I '\'\ ,-------l- I '\ '\ / ) '\ '\ / / '\'\ / / '\ '\ / / '\ '\ / / . '- v / . ) / / / / / / 5 w > W 0:::: o :r:: (f) BITUMINOUS PATHWAY IMPROVEMENTS 400' 11 EXHIBIT 2 SEED ALL DISTURBED 2' AREAS SOD 2:1 .. ,J../ "'A.\' 4" TOPSOIL - -..: 7'IP. (TYP.) -- .,~ ~....., '2.'.' "f€. .... ,. =-< .; '-- .... -- '- ::.::.= ,3" 41WEA50055Y BITUMINOUS WEARING COURSE ~A TCH EXISTING GROUND AS REQUIRED 6" AGGREGATE BASE, CLASS 5 100% CRUSHED EXIST CURB ALONG HAMUNE AVENUE 41WEA50055Y BITUMINOUS WEARING COURSE , AGGREGATE BASE, CLASS 5 100% CRUSHED IIKD I .. W INC. 1'IInoHr ..._ 7110 11dft _ So. ..D01Ja. MN 1IM1I, ..... IUI3'7IHI7OO. Fa: lIUmlH37I ---- ----- - ~_._-- 8' BIT. PATHWAY .02' /FT. - " B' BIT. PATHWAY .02' /FT. - ---- -- 400' 12 ~ . 2' SOD EXISTING GROUND~ SEED ALL /' ..- DISTURBED AREAS /' /' /' /' /' /' ",,,'J.. 7:.' ~. .... , -,.;/ .J' ;;;...-"/ ......../' - /' ' ? /' ." /' -- ----- TOPSOIL STRIPPING FOR REUSE 2' SOD SEED ALL DISTURBED AREAS ",,,'J.. '2.,' "iil'._ ~'.' __ .... 4" TOPSOIL -- .... (TYP.) ". - 2:/4{ . - -=r J:/~.\' --- ........,; :...,p - -~~. --:::~ -- - -- MATCH EXISTING GROUND AS REQUIRED TOPSOIL STRIPPING FOR REUSE EXHIBIT 3 . ~ l . .~ . . . CITY OF ARDEN HILLS MEMORANDUM DATE: January 25, 1999 TO: Mayor and City Council t...; FROM: Kevin Ringwald, Assistant to the City Administrator "<\ SUBJECT: Community Development Department Activities January of 1999 The following SurnnJarizes the activities of the Community Development Department for January of1999. Plannine Commission - February of 1999 Case #98-30 Donald & Mary Wahlberg, 1451 Arden Place, Variance (side yard setback - street). The applicant owns tlJe parcel ofland at 1451 Arden Place (northeast corner of North Snelling Avenue and Arden Place). The applicant currently has a small two car garage that is approximately 20 feet from tlJe right-of-way. The applicant is requesting to add an additional 17 feet of width to the garage at the existing setback. Case #98-33 Josephine East LLC, 3171 and 3183 Lexington Avenue, Preliminary Plat (Josephine East Addition) and variances (right-of-way width, lot width and access to a public street). The applicant purchased the subject property from Tony Anderson. As the City Council is aware, the City has an ongoing code enforcement action related to this property. The applicant is proposing a five lot subdivision, which includes the extension of Shoreline Lane. The extension of Shoreline Lane requires obtaining right-of-way from the property owners on either side of this property. The proposed plat is not in complete compliance with tlJe Planning Study that was conducted in 1992 in this area. Case #98-36 City of Arden HiDs, Adult Use Ordinance. Pursuant to direction provided by the Planning Commission at its January 6, 1999, meeting. The Staff is forwarding to tlJe Planning Commission an ordinance, which would regnlate the placement of adult uses in the City. Case #98-37 Thomas & Lisa Delich, 3403 Lake Johanna Boulevard, Variance (front and side yard setbacks). The applicant, owns tlJe parcel ofland at 3403 Lake Joharma Boulevard. The home on this lot is 360 square feet on a 8,527 square foot lot tlJat is approximately 28.5 feet in width. The applicant wishes to add a 360 square foot addition (18 feet x 20 feet) off of the back oftlJe existing home. The proposed addition would provide for five foot setbacks on either side of tlJe home. Protective Inspections 1. Building Permits (1998 Summary). The City in 1998 has anotlJer very good revenue year in Protective Inspections. The City collected $253,706.62 in building permit revenues and added $28,814,915.00 of valuation to tlJe City (Exhibit A). Typically, multiplying tlJe anticipated increase in building valuation by a "constant" (.0088) will yield tlJe projected protective inspection revenues. In 1998, the City's revenues was a little below this "constant" due to the high number of roofing permits issued (ie., roofing permits do not require a plan check fee). However, the revenues were still significantly above the budgeted revenues for this department. Economic Development Gateway Business District. The Staff has been primarily focusing on finalizing the acquisition oftlJe Indykiewicz property. Code Enforcement 1. 3171/3183 Lexington Avenue. The two homes have been demolished. However, several items had to be completed by the owners by January 4, 1999. Those items were not completed. The City Attorney and the Building Official are working on obtaining tlJe funds and commencing the necessary work. 2. 1875 Lake Lane. The owner of the property has essentially completed the clean up of the interior of the house. However, the structural components of the house still require work so that they do not pose a problem to the public's safety. The transfer of ownership on the property has yet to occur. The owner had until January 4,1999, to complete all the necessary work. The Staff has prepared a resolution for tlJe tonight's City Council meeting to consider abating the nuisance by demolition. , . . . . " . . . . ~ ''FJ.h err A 'I z..- 1998 Building Permits Month Valuation Fee's January 289,300.00 4,287.91 Febuary 352,264.00 7,239.34 March 6,386,803.00 40,898.80 April 4,896,071.00 37,323.83 May 439,928.00 7,197.65 June 1,927,908.00 24,162.99 July 170,666.00 3,876.29 August 8,546,116.00 55,623.21 September 1,252,574.00 17,139.89 October 951,668.00 15,685.79 November 708,205.00 11,230.72 December 2,893,412.00 29,040.20 I TOTAL'S I $28,814,915.00 I $253,706.621 1-/"" '" :I t>J) .. CI) 1) :I '" '" .. 'I*' - " '" .. .. oW ai - f;I;l "d .. '" :I ~ '" - '" ~ '!t .... Q .... <I.l .. .. ~ ~ .. .... CI) ... Ei ~ '" <I.l ~ QO "d .. 0\ :I 0\ '" .... '" .. 'I*' t>J) :I .. ,Q E :I - "" 1) :I '" '" .. 'I*' - " '" .. :I " -= '" .. ::; .. ~ "d .. :I '" '" .. 'I*' '" 0 '" .... .... '" '" '" .... '" '" '" 0 0 0 0 0 8 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g 0 0 '" '" '" 0 '" '" 0 0 .... .... '" .... '" .... .... .... 00 '" "" '" '" '" '" 0- '" '" ... '" .... .... .... '" .... ... '" ... '" "" '" ... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '" 0 0 '" ~ '" "l ~ .... 0 ~ 3 M ... 00 '" .... >C '" .... 00 ... '" 0- 0 r- r- '" r-- ... '" 0- 0-, ... .... 0 "" "', 0- ... r-- r-- '" ... .... '" .... ,.". .... ,.". 'li ,.". ",' ,.". .... ~ '" '" '" .... 00 .... '" '" ... 0- .... 00 0 0 0 8 '" ... 0 0 0 '" 0 0 0 0 '" '" r-: ~ ~ '" 0; '" '" 0 0 '" ... >C .... .... '" '" .... ... r-: 0; 0- 0 "" '" 0- '" .... .... '" .... '" '" 0 ... 0, "" '" ... .... '" '" '" ,.". '" .... M' .... 0 0 '" .... '" 00 "" '" '" '" .... 00 .... .... .... .... "" 0 0 0 0 0 0 0 0 0 0 8 0 '" '" '" 0 0 ~ '" '" '" '" 0 N N '" 0 0 '" '" '" N "i, M ...; 0 '" '" 0- 0- .... '" .... 00 '" 0 '" '" .... '" "" '" .... "" '" '" '" M' 0 '" ... 0 0 ... "" '" "" '" ;:!; .... '" .... .... .... .... .... .... '" .... '" '" 0 '" '" 0 '" .... "" '" '" 0 00 '" '" r-- .... 0 r-- "" '" .... "" '" ""l '" 0; 0; '" 0 00 '" 00 0 0 M .... >C '" .... 0 '" '" r-- 0- 0- 00 "" .... .... .... r- oo '" 0- 0- r-- 0 ... 0- .... "1. .... ,.". ,.". ",' ..... .... ,; .... .. ..: .; ... 'C >> >> 1 ..: ;; ol .. ~ .. = :E: Co .. Q .. .. .. ~ ~ = .. ... "'" ... '" 0 :z: Q , I . '" '" . = '=l = III '" ...< '" '" 0- '" = '" ..: 0- '" .,; .... '" o 00 0- ... ~ 0- .... '" . .... 0 .... '" 0 = '" III '" .... .... .... ~ '=l. ..., r- '" '" .... ~ 0 e '" i '" "" ".. r- ~ ..: ... ~ .. S III .. .... .. '" c. :; ~ ... e .... ~ . 0 .. ... I e CITY OF ARDEN HILLS MEMORANDUM DATE: January 22, 1999 TO: FROM: SUBJECT: Public Safety Commission The City of Arden Hills Public Safety Commission will meet on January 21,1999. On this monfus agenda is a discussion pertaining to a resident's request for signage in the City relating to parking ordinances. The requester had been ticketed for overnight parking in front of her own home and indicated she was unaware of the City ordinances. The Commission will also review signage in the Briarknoll/Colleen area as requested by Council, following the request by Ms. Torres for a stop sign in her area e The third item on the agenda is a presentation to the Commission on the Y2K problem by Commission member Craig Wilson. 1999 Street PrQjeets Eleven Bids were received for the West Round Lake Road (phase 1) improvement project. The bids were broken down into four parts, those being; 1) Base Bid (The basic roadway including concrete, curb and gntter, pavement, storm sewer, sanitary sewer and a new 12" water main). 2) Alternate A (The removal of all of tlJe Indykiewcz black dirt piles). 3) Alternate B (The Landscaping oftlJe project which included irrigation to the mediaIJ area). 4) Alternate C (paver bricks in the narrow areas of the medians). The low bidder will be determined based on which options Council elects. The low bid on fue roadway alone was submitted by Don Zappa & Sons of Blaine, MN. I.lft Station #3 Little work on this project has taken place this month. - Public Works The Public Works Department has been relatively quiet this monfu. Besides regular maintenance duties, tlJe employees have plowed streets on four occasions and completed tlJe 4th quarter water I meter readings. Public Works employees have also been assisting Parks employees on walk aIld trail plowing. :fJu:ks Parks employees have kept busy keeping tlJe ice rinks in good condition and keeping the Park parking lots, trails and walks plowed. Plumbing repairs on Perry Park warming house were done because of a furnace failure. Several pipes froze aIld burst. The new person in Parks Maintenance started as planned and is doing well. Public Work~ Direetor The following are some of the activities the Public Works Director was involved witlJ this past montlJ: . Public Works Employee performance reviews Attended classes on waste water collection witlJ James Perron aIld Mike McKinney (required classes to keep licenses current) Had meetings with Ramsey County Sheriff Deputy and CHORE group leader to discuss activities CHORE participaIlts can do for tlJe City (last week tlJey shoveled snow from around 30 fire hydrants). These kids have volunteered to do community service work rather thaIl face juvenile court for various problems. Each group is supervised by a Community Affairs Officer. Continued work on Emergency Preparedness Plan Round Lake Road Issues Town Hall Meeting Monitoring street conditions for snow plowing . . . . . . 2 e e e